Stuart may sell conservation land for parkway

Palm Beach Post Staff Writer

Tuesday, December 19, 2006

STUART — City conservation land soon might be paved to provide an alternative to traffic-clogged U.S. 1.

City commissioners voted 4-0 Monday to sell Martin County about 8.34 acres along Baker Road to allow room for the southern extension of the Green River Parkway, a two-lane road that would stretch from Jensen Beach Boulevard to Dixie Highway in Stuart.

Commissioner Michael Mortell was absent Monday.

The city land is part of the Haney Creek watershed, where the city recently wrapped up a seven-year restoration effort, which pumped close to $4 million into about 70 acres around Baker Road.

The $567,000 land sale approved by the city Monday still requires state approval, since the city land was purchased with money from the Florida Communities Trust, a state land-acquisition program.

Should program officials approve the sale, the trust would take about $538,000 of the money, leaving the city with about $28,000, which City Manager Dan Hudson said the city would try to use to acquire more conservation land.

City and county officials have said they could find no other route for the proposed Green River Parkway, and that the road was on maps before the city acquired the conservation land for the Haney Creek project.

City and county officials initially wanted to make room for the roadway by swapping land, but state officials quashed that plan in October, since it would have resulted in a net loss of conservation land.

Vice Mayor Jeffrey Krauskopf, who often has been a vocal opponent of selling city land, said he reluctantly supported this sale, saying the conservation land never should have been purchased where a long-planned roadway was slated to go.

"It's a shame we have to do it," Krauskopf said of the sale. "But if we don't do it, what are you going to do with all the traffic? We get complaints about everything on U.S. 1."

Krauskopf asked that Hudson make sure the county puts in a fence or culvert along the road to minimize roadkill in the area.

The northern section of the Green River Parkway, which stretches between Walton Road in Port St. Lucie to Jensen Beach Boulevard, opened last year and already has 5,000 cars traveling on it daily.

The $20 million section of the parkway between Jensen Beach Boulevard and Dixie Highway is scheduled to be built by 2008.

Big vote on hold in Groveland
Postponement on Cherry Lake Tree Farm is victory for new mayor

Roxanne Brown
Staff Writer

GROVELAND - A final decision on whether to annex Cherry Lake Tree Farm into Groveland has been postponed. It will be heard again after the new year by Groveland's new council.

After the approval at its first reading Dec. 4, the second and final reading for the property, where more than 3,300 homes are proposed, was set for Monday's agenda.

But tree farm owners IMG Enterprises requested more time to negotiate some of the terms of the annexation agreement with the city.

This was good news for Mayor-elect Matthew Baumann and his newly elected fellow councilman and controlled growth advocate Paul Keller, who have both said they want a say in the decision.

"I'll be happy to have the chance to speak on it myself and vote on it. I'm looking forward to that," said Baumann on Monday. "I do have some questions for the owner."

When IMG applied for annexation into the city in September, the company also submitted applications for a Future Land Use Amendment, rezoning to Planned Unit Development and to be classified as a Development of Regional Impact.

According to city records, if the project at the northeast corner of State Road 19 and Cherry Lake Road is approved, the 1,083 acres could house more than 3,300 homes, as well as commercial and office space, a school and municipal and recreation facilities.

Baumann said he attended the Dec. 4 meeting and talked with the tree farm's owner afterwards.

According to Baumann, the owner said he was willing to meet with Baumann to show him around the site and go over the plan.

However, Baumann said, that meeting hasn't happened yet.

Baumann, who ran on a controlled growth platform, said he will take his time to review the plans.

The project could bring approximately 7,848 new residents to Groveland - more than doubling its population.

"That's quite a chunk to do in one step, especially when they have no infrastructure to handle any of it," said Baumann. "It would instantly double the size of the city or more, and they have a hard time handling what they have now."

Outgoing mayor James Smith said he just wants to see the project done right, no matter who actually has the vote.

"It's not a vote issue, it's a matter of ensuring that some preliminary things that need to be done are done properly … that all the i's are dotted and the t's all crossed," said Smith. "Even with the vote to annex it, the whole thing has got a lot of other processes to go through before it ever even becomes a reality. It's a DRI. It's not going to happen quickly."

Annexation talk set for Inverness

By Dave Pieklik

Members of the public will get their first chance to discuss a proposed annexation of 165 acres in Inverness, among other items at this afternoon’s city council meeting.

The council will conduct its second reading of an ordinance allowing the Roscow family to seek voluntary annexation into the city. The family owns land east of East Turner Camp Road, along Little Lake Henderson.

The family intends eventually to seek a Comprehensive Land Use amendment to the land use designation, which currently is low intensity coastal lakes. The family has not announced its plans for the land.

The council agreed in a 4-1 vote Dec. 5 to pass an ordinance allowing the family to seek voluntary annexation, which state law allows as long as no enclaves are formed and the land is reasonably compact. The ordinance will be read a second time during today’s meeting before a public hearing is opened. If the consensus is to move ahead with annexation, the council will vote to adopt the ordinance.

The council also will review preliminary plans for the Parsley Lake Villages and the Loewy subdivision. The developments will be located off U.S. 41 north of downtown.

The council will review a proposal previously reviewed and accepted by the Planning and Zoning Commission. Some conditions of the proposal include having the developer pay for any upgrades to water and sewer systems and limiting tree removal to rights of way or drainage retention areas.

Plans submitted by Beeline Development Inc. of Ocala say infrastructure improvements to the Loewy subdivision will begin by July 2007, with development and selling of 54 lots to start by that December.

By January 2008, the construction of 93 single-family homes in Parsley Lake Villages should begin, according to plans, with construction of 150 condo units to begin by July 2008.

The entire project should be finished, plans state, by 2010.

Winter Park mayor wants to buy out developers

David Strong's proposal calls for millions to halt the Carlisle condo project.

Christopher Sherman
Sentinel Staff Writer

December 19, 2006

WINTER PARK -- Mayor David Strong unveiled an $18 million proposal Monday that would kill plans for the city's most controversial building, expand its downtown park and build new city facilities.

Strong, who has been meeting secretly with developers of The Carlisle, told commissioners that he isn't sure where all the money will come from but pledged $100,000 out of his own pocket as part of a drive to raise nearly a third of the cash.

For the first time, Strong shared his plans to buy out the developers of The Carlisle, a four-story condominium, post office and retail project that has polarized the city because of its size. The project, which had received all but its final approval from the city, was to be built where the current post office sits on Central Park.

"This will put the controversy that has existed in this city regarding The Carlisle behind us," Strong said.

City commissioners thanked Strong for his initiative but expressed concern about the interlocking pieces and the short time to make decisions. Strong's agreement with Central Park Station Partners extends to Jan. 16, when the City Commission will have a public hearing on the issue.

"If all these things happen, I think the city will be better for it," said City Commissioner Doug Metcalf, though he was skeptical about gathering enough public input before the decision.

Strong's proposal is complicated and costly because The Carlisle project includes an agreement with the federal government to build a post office at the site. By buying out the contract for $5.5 million, Winter Park would be obligated to build a post office in another location. Central Park would be expanded to include the area where the current post office sits.

Under Strong's plan, the post office would be built a few blocks to the west, near Winter Park Village. The 5-acre site is home to the former state office building. Strong said the Postal Service has verbally agreed to that move.

To pay for the new post office, Strong also would move the Winter Park Public Library from its location near Rollins College to where the new post office would be built. Strong hopes the library's 3-acre site could be sold for about $13 million to finance the new post office and library.

Under Strong's proposal, the city would have until February 2010 to build a post office.

But the city would need to put $1 million in escrow by mid-January, then pay the remaining $4.3 million ($200,000 more would come later for the post office's moving expenses) to the developers within six months.

The agreement, if approved by commissioners next month, would avert litigation. The city maintains that the project is one step short of approval, but the developers argue that they have completed the approval process.

Mediation meetings during the summer failed to resolve that disagreement. If commissioners vote down the proposal, the developer will make its request for final approval of its Carlisle plans as a precursor to a lawsuit.

"We have all of our approvals to build The Carlisle as it is presently designed," said Steve Walsh, who negotiated with Strong and is a principal partner of the project. If the city doesn't want The Carlisle built, "it is only reasonable that we recover our costs associated with it." The project was in the works for more than three years.

Resident Beth Dillaha said buying out the developers is a bitter pill, but "it's better than the alternative" of having The Carlisle on Central Park. She is optimistic residents will open their checkbooks. "It's the opportunity to expand Central Park."

Resident Vicki Krueger, who lives across the street from The Carlisle site, said she made up her mind to do just that. She has been saving "forever" for a big-screen television but will instead contribute that money to the mayor's plan.

Winter Park Chamber of Commerce President Sam Stark, who supported The Carlisle as a way to get more residents living closer to Park Avenue, was impressed by the plan.

"I think it's a very ambitious and strategic plan that encompasses a lot of the dreams that Winter Park has," Stark said.

Christopher Sherman can be reached at csherman@orlandosentinel.com or 407-650-6361.

Water plant delays run patience dry

After a dry winter, the delay alarms Tampa Bay Water's board, including Pam Iorio.

By CRAIG PITTMAN, Times Staff Writer
Published December 19, 2006

CLEARWATER - The opening of Tampa Bay Water's troubled desalination plant, already three years overdue, will be delayed again until March.

That's six months after it was supposed to be producing water. And if the Apollo Beach plant misses that deadline, it may threaten the utility's ability to meet increasing water demands. Dry winter months already have forced the utility to tap its reservoir earlier than usual even as the spring dry season looms.

The announcement of the delay, made at Monday's utility board meeting by the latest company to work on the plant, sparked some sharp comments from irritated board members, particularly Tampa Mayor Pam Iorio.

"You can't help but be alarmed by this latest delay," she said, noting that disputes over the plant's previous failures have led to legal costs for the utility that have already topped $6-million.

St. Petersburg Mayor Rick Baker focused on the potential penalties facing the contractor, a German-Spanish consortium called American Water Pridesa, for missing its deadline. The answer: $10,000 a day, although the final amount is subject to negotiation.

When American Water regional vice president Daniel Warnock, told board members that "at the end of March we hope we can toast with a glass of something," Baker asked how sure he was about the date this time.

"I don't want to give you a date unless I'm 99.9 percent sure that we're going to meet it," Warnock replied. But he stopped short of saying 100 percent for one simple reason, he said: "Can I tell you there won't be something that goes wrong? I can't do that."

Tampa Bay Water will need its desalination plant more than ever this spring. Even as demand for water is increasing, rainfall is far below average. That means the flow of the rivers where the utility gets millions of gallons of water is too low to draw much water from them.

As a result the utility has tapped its reservoir early. In December 2005 it stood at 15-billion gallons, full to the brim and ready for the dry season. It's now down to 11.5-billion gallons.

So if the desalination plant isn't working by the start of the dry season in April, the utility and its 2-million customers are likely to pay the price in restrictions on water use. And it will likely deal the desalination industry as a whole a big setback.

"We're going to hold you accountable," board chairman Ted Schrader, a Pasco County commissioner, warned Warnock. "The whole country is looking at this."

Construction of the Apollo Beach plant, the largest in the United States, was launched in 1999. It was supposed to begin operating by 2003, aiding the utility with an alternative source of drinking water in times of drought.

The plant was designed to take 40-million gallons of seawater from Tampa Bay, filter out the salt and turn it into 25-million gallons of drinking water a day, lessening the environmental impact of pumping groundwater.

The plant has been plagued by problems from the start, ranging from contractors going bankrupt and Asian green mussels clogging its water intakes to the discovery that many of the plant's water pumps had rusted.

Then, when Tampa Bay Water tried to hire someone to fix the plant two years ago, the bids came in well above the $14-million estimate. American Water Pridesa, which won the contract, bid $29-million.

The repairs were supposed to be finished by October, but the company pushed the date back to just before Christmas. Last month, company officials informed Tampa Bay Water executive director Jerry Maxwell that they would not be done until sometime after Jan. 1. Then came Monday's announcement that the new goal is the end of March.

Warnock, in a Powerpoint presentation to the board, quickly flashed past the slide explaining why the project has been delayed again, which was titled "Challenges." Among the list: a seawater pump that failed due to corrosion, a repaired pump that was delivered from France weeks after it was needed, and a seawater pipeline that leaked.

Not mentioned were some changes in the plans that the contractor came up with. For instance, the company originally was going to squeeze a new chemical process into the plant's existing building, but then discovered there was no room. So instead the company built a new chemical building.

About 50 people are now working long hours trying to get the plant done, said Warnock and project manager Eric Sabolsice - to the point that Warnock said he was concerned that they might start cutting corners or risking the safety of the employees. So the company decided to push the deadline back instead, he said.

Iorio, who joined the utility board in 2003, said her opinion of the $140-million project "changed dramatically" after hearing a complete history of its many failures during a closed-door session last month with the attorneys handling the litigation.

"It always seems very difficult to point your finger at anyone willing to take responsibility," she said.

After the meeting, she told reporters that she fears this contractor will miss so many deadlines it, too, will wind up in court with the utility.

Iorio noted that Maxwell's contract, which expires in November, says that if the plant is not operational by then, he will be let go with no severance pay.

"At some point," she said, "the staff needs to step up and take responsibility." 

Seven years of desalination delays: a time line

Selected major developments:

1999: Tampa Bay Water hires Stone & Webster to a build desalination plant.

2000: Stone & Webster goes bankrupt. Covanta Energy is hired to replace it.

2002: Covanta files for bankruptcy and creates subsidiary to continue building the plant.

2003: The desalination plant flunks tests and is deemed incomplete. The Covanta subsidiary goes bankrupt.

2004: Tampa Bay Water pays the Covanta subsidiary $4.4-million to walk away and hires American Water Pridesa to fix the plant for $29-million.

October: American Water

Pridesa misses the deadline to fix the desalination plant and says it will be ready for testing by December.

November: American Water Pridesa says the fix won't be done until after Jan. 1.

Monday: American Water Pridesa says the fix will be complete by March 30.

Desalination Plant Misses Second Repair Deadline

Published: Dec 19, 2006

CLEARWATER - Repairs to the troubled desalination plant won't be finished until March or April, putting the project about 150 days behind the original schedule.

Dan Warnock, regional president for American Water, one of the companies doing the work, told the Tampa Bay Water board on Monday about the latest delay.

This marks the second missed deadline for repair work that was originally set to end in October, and then late this month.

Warnock said a number of problems caused the latest delay. Some occurred because the plant sat idle for more than 17 months during additions and modifications to the desalination process.

As workers began testing portions of the operation, pumps failed and pipes sprang leaks. A crucial pump was delivered several weeks late.

"When these things happen, a week here and a week there, before long it pushes everything back," Warnock said after the utility board meeting.

The plant was shut down June 1, 2005, and has not produced a drop of drinking water since.

In November 2004, Tampa Bay Water hired a partnership between American Water and Pridesa of Spain to fix the plant at a total cost of $48 million.

The latest delay caused Tampa Mayor Pam Iorio to question who was responsible for the plant's troubled history.

"I have a tremendous concern the date has slipped six months," she said.

Iorio said the highly technical nature of the plant's performance problems makes it difficult to point to whom they should hold responsible.

Later, she said Jerry Maxwell, general manager of Tampa Bay Water, was the likely person on the utility staff to hold accountable.

She also said she feared the utility and American Water-Pridesa may be heading to litigation over contract penalties for the delayed work.

Tampa Bay Water is already in litigation over the plant's original failures.

The utility has sued the company that manufactured delicate membranes used to filter salt from sea water, as well as companies that issued performance bonds for the plant.

"I fear we might be heading down a similar road," Iorio said.

After the meeting, Maxwell said American Water-Pridesa is responsible for many of the delays though the company and utility will settle on blame when work is finished.

The contract calls for Tampa Bay Water to assess daily penalties for missing deadlines if delays are the fault of American Water-Pridesa.

The company is not responsible for delays beyond its control, such as permit delays or the weather.

He also said not everyone on the utility's nine-member board shares Iorio's view of whom to hold accountable.

"That may be the opinion of some members of the board," he said.

While final repairs of the plant aren't expected until March or April, it may begin producing drinking water for the Tampa Bay region weeks earlier.

Under the contract, American Water-Pridesa must run the plant for 16 days to uncover any problems. That would be followed by a 14-day performance test.

Any water it produces during those tests, and while Tampa Bay Water reviews results of the testing, would go to homes in Pinellas, Hillsborough or Pasco.

Meanwhile, the lack of rainfall has throttled rivers as a water supply, forcing Tampa Bay Water to take about 1 billion gallons a month from its reservoir.

If the plant passes all the tests in March, it would be four years after it originally opened. But the original plant failed several performance tests and never operated as designed.

The expensive membranes clogged too quickly, driving up energy costs, shortening their lifespan and requiring the plant to shut down for cleaning.

Reporter Neil Johnson can be reached at (352) 544-5214 or njohnson@tampatrib.com.

Ichetucknee protection tops public concerns

By TONY BRITT tbritt@lakecityreporter.com
Tuesday, December 19, 2006 12:11 AM EST

The Ichetucknee River and its springs have long been considered as the crown jewel of the Columbia County area.

On Monday, the jewel's radiance and importance were emphasized during the annual legislative delegation hearing where nearly half of the 12 guest speakers emphasized protecting the treasured natural resource.

With State Sen. Nancy Argenziano serving as chairman, Columbia County Legislative Delegation members State Rep. Will Kendrick, and newly elected officials State Sen. Steve Oelrich and State Rep. Debbie Boyd, listened to two hours of concerns from local residents and officials regarding the upcoming legislative session.

“We're here today to hear your concerns,” Argenziano said as she opened the meeting.

Loye Barnard, vice president of Save Our Suwannee began the meeting by imploring delegation officials to try to protect water resources in the Ichetucknee Basin.

Barnard's lead was followed throughout the meeting as Scott Reynolds, general manager of the Greater Lake City Regional Utility Authority; Dale Williams, county manager; Dewey Weaver, county commissioner; and David Still of the Suwannee River Water Management District, all eluded to protecting the Ichetucknee Basin.

While other topics such as Amendment 10 (increased homestead exemptions), the privatization of the Department of Children and Family services, an update on programs at Lake City Community College, funding for local schools and the taxation reform committee were discussed, it was clear that the Ichetucknee was the primary focus of many speakers.

Williams' comments to legislative delegation officials began with a funding request for the Ellisville Utility project and was later followed by comments from Weaver who also spoke about the springs' influence on the area.

Weaver noted people from all over the world visit Ichetucknee Springs and the river, and noted it has grown into a national and

international resource. 

Wakulla to drop its spray-field challenge

CRAWFORDVILLE - Wakulla County agreed Monday to drop its legal challenge to Tallahassee's wastewater spray field in exchange for the city agreeing to upgrade its two wastewater-treatment plants.

The city sprays up to 20 million gallons of treated wastewater daily on crops at its Southeast Farm on Tram Road. Scientists say the wastewater is a likely source of nitrogen in groundwater that's causing Wakulla Springs to become choked with weeds and algae.

Wakulla County, the Florida Wildlife Federation and Wakulla County resident Joe Glisson filed legal challenges earlier this year to a proposed new state permit. On Monday, the Wakulla County Commission voted 5-0 for an agreement requiring the city to reduce nitrogen by 75 percent. "This agreement will go far to restore and better protect the quality of water resources that we rely on for drinking, fishing and just cooling off," Commission Chairman Brian Langston said.

Mayor John Marks said the agreement will require about $160 million to upgrade the city's two wastewater treatment plants - about $60 million more than the city had planned to spend.

"This is something the citizens of this community and other communities have wanted us to do," Marks told the Democrat.

Representatives of the Florida Department of Environmental Protection, the Florida Wildlife Federation, Friends of Wakulla Springs State Park and Attorney General Charlie Crist urged the Wakulla County Commission to support the agreement.

The agreement, which is scheduled to be signed at 2 p.m. today, was reached after the parties in the case agreed in August to confidential mediation.

Developers Win; Community Loses

Tampa Tribune Letters to the Editor Published: Dec 17, 2006

Not What Citizens Want

Regarding "County OKs 1,100-Acre Lake Hutto Community" (Brandon, Dec. 9):

Once again our stellar county commission has demonstrated that it is not about what we people want. It is all about what the commissioners want. It doesn't matter how residents feel. They want to feed at the developers' trough and nothing is going to stop them.

What a great government; it has changed a wonderful place to live into a gridlocked, overcrowded nightmare. Thanks a lot.

They can take their 30 pieces of silver and have a party.

J.F. KLINE

Valrico

Vote Was A Farce

The vote on the Lake Hutto development of regional impact was a farce: a sham, mockery, circus, charade, disgrace, travesty and embarrassment.

The newly elected Hillsborough Board of County Commissioners used a combination of silence, ignorance and oversimplification. Brian Blair was unsure whether the public could be called upon to voice their comments. Jim Norman blabbed about how public comment would risk opening up the whole ordeal to a legal challenge. Mark Sharpe claimed that for a thousand extra homes, we get $71 million.

The board made a mockery of its citizenry and approved an extreme DRI, despite its timing and its location at the crossroads of a failed and neglected infrastructure system.

The sham all started with disgraceful analyses by virtually every agency responsible for projecting the effects of the DRI. The Pulte/Lake Hutto circus, run by the 15-year veteran charade master, Jim Norman, was yet another travesty that should embarrass his colleagues, his constituency and any rational resident in Hillsborough County.

JIM MANNING

Lithia

Another Day Of Infamy

Dec. 7, 1941, has been called a day of infamy for what happened in Hawaii.

Dec. 7, 2006, could be called a day of infamy for Florida, Hillsborough County and the city of Tampa.

One article that day says that the county cuts lawn watering to one day a week in the face of a near-drought. The aquifer is down more than 2 feet from this time last year. That is where most of our drinking water comes from. The only way it can be refilled is by heavy rain that has a place to seep down into the ground. We have paved over thousands of acres of such open land. The paving is for more people who need more water to drink. So we have increased the need by huge amounts and decreased the area for the percolation. This is all over the state and not just here.

The city of Tampa is going through a building boom that is just about insane. They are placing multifamily buildings on the lots that used to be empty or have a small house on them. You know about Bayshore Boulevard and all the high rises. The county just approved a new development in Lithia for 3,000 more homes, paving more of our seepage land and increasing the need for drinking water. The south end of West Shore Boulevard will have probably more than a thousand new homes and a large yacht basin for about 150 large boats. Boats require a large amount of fresh water to wash them down - much more than to water a lawn.

Jim Norman says he is repeating his request for a $40 million sports complex in east Hillsborough County - the same one that was killed last year. More paving and more need for water.

It was just announced that the state's population will double by 2060 unless some serious growth management is undertaken.

I do not know what you can do except tell the people what is happening.

Tell them to tell the elected people to change their ways or else.

HANK PHILLIPS

Tampa

Board Is Ruining County

Developers, with the consent of the county commission, are ruining this entire county.

Where is the infrastructure to provide water, sewage, schools, roads, flood prevention and other scarce facilities? In Hillsborough County, developers get whatever they want.

You will see what their recklessness has done in just a few short years.

TESS SILVERMAN

Sun City Center

Letters To The Editor

Tribune letters published: Dec 19, 2006

Vision Looks Bleak

Regarding "Frightening Vision Of Florida Should Shock Leaders Into Action" (Our Opinion, Dec. 13) and "County OKs Development Along Little Manatee River" (Metro, Dec. 13):

The Trib's editorial painting a foreboding portrait of what Florida will look like makes sensible recommendations that must be applied and adhered to - and soon.

The second article is about yet another development being shoved into one of the smallest and most fragile pieces of land along the Little Manatee, once a place of unique isolated beauty. Soon it, like so many other spots, will lose its wildlife and uniqueness for a housing tract. And thanks so much to those six Hillsborough County commissioners who readily rolled over for developers. As long as we have the likes of these commissioners, Florida's wild places don't stand a chance.

What a disgrace our commissioners are to "representative" government. It's quite clear who they represent.

RON THUEMLER

Tampa

'The Future' Is Now

This is not a worst-case scenario that will happen 50 years from now.

For anyone who drives from Tampa to Orlando on Interstate 4, the nightmare is already here.

FRANK CAMPBELL

Tampa

Doom-And-Gloom Group

The most frightening and shocking aspect of "Frightening Vision Of Florida Should Shock Leaders Into Action" (Our Opinion, Dec. 13) was the Tribune getting so thoroughly and completely duped by an activist group with an agenda. Doom-and-gloom scare scenarios regarding suburban growth predicted by 1,000 Friends of Florida are about as believable and newsworthy as doom-and-gloom scare scenarios regarding pens would be from the American Pencilmakers Association or doom-and-gloom scare scenarios regarding margarine would be from the American Buttermakers' Society. That the Tribune would report as credible news such biased and far-fetched predictions by 1,000 Friends of Florida is surprising and disappointing, given the Tribune's long history of being a credible news source.

JAMES M. TAYLOR

Parrish

A Call To Action

These growth projections are frightening indeed, and I pray that they will be a call to action. We must steer the development away from the remaining natural ecosystems, wetlands and agricultural lands if there is any hope of sustaining even our existing population. We must cluster new developments to maintain corridors of connectivity between existing rural and natural areas. If nature becomes fragmented, it cannot survive.

I am an eighth-generation Floridian and there is something I would like every other Floridian to know. Beyond the view of our urban centers, the heart of Florida, the ranchlands at greatest risk in these projections, which currently occupy one-fifth of the state, are among the most remarkable landscapes on earth. Florida has the longest history of cattle ranching in America, as well as the top producing ranch. Five out of the leading 10 are here, and these ranches are home to panthers, black bears and bald eagles and in some cases provide better wildlife habitat than our parks. The new Rural Land Stewardship Program provides an innovative tool to help. Learn more at www.LINC.us

CARLTON WARD JR.

Tampa

DAVID MCCLISTER

Temple Terrace

Part Of The Problem

I was amused that the Tribune thought that the 50-year projections for the development of Florida was scary and then asked, editorially, for Florida's planners to get serious about saving what is important in our state. You don't have to look very far; part of the problem is sitting in the chambers of the board of county commissioners in Hillsborough County.

If anyone wants to check the records - and the records have been checked time and time again with this commission and the last - the "perception" is that all a developer has to do is contribute to a commissioner's campaign fund to get projects approved. Though the commissioners say they have no way of tracking who contributes and besides, it doesn't obligate them, let me just say this: Perception is everything.

Our beautiful state is going away piece by piece, parcel by parcel, acre by acre, and no one seems to care or think that saving our environment is more important than making money. BECKI STAFFORD

Ruskin

Mayor: 'Hard to be optimistic' on Ormond height cap appeal


ORMOND BEACH -- It appears the city's legal battle over building heights is going to come to a screeching halt tonight.

After a closed-door discussion Monday night with a Tallahassee attorney helping the city with building height limit matters, most or all commissioners are ready to drop their court appeal that could have overturned the newly adopted city charter amendment that imposed a strict 75-foot cap.

That's according to Mayor Fred Costello and Commissioner Bill Partington, who said they expect a vote taken at tonight's commission meeting will kill the appeal, which questions the constitutionality of the charter amendment.

The meeting starts at 7 p.m. at City Hall and the appeal vote is supposed to be early.

The attorney hired to help the city, Tom Pelham, told commissioners Monday "it's hard to be optimistic about the city's chance to prevail," Costello said.

The mayor said there also didn't seem much point in pursuing an appeal, which has already cost the city about $40,000, when Pelham told them the appeal wasn't likely to protect the city against future property rights lawsuits.

The lawsuit and appeal stem from the Nov. 7 vote that locked the seven-story limit into the charter. The height limit question has created passionate arguments for months.

eileen.zaffiro@news-jrnl.com

20 boat-related manatee deaths renew debate

New slow-speed-zone signs aim to clear up confusion

BY JIM WAYMER
FLORIDA TODAY

A small sport boat cast a hefty wake as it passed underneath Bennett Causeway through a "slow speed, minimum wake" manatee zone.

The rough conditions justified the boater's pace. He must go fast enough to maintain control as he goes under the bridge.

"He's alright," Lenny Salberg, a state wildlife patrol officer said. "You've got to give him a little leeway."

Neither Salberg nor any other state official knows for sure whether zones that slow boaters save manatees.

But five years after controversial zones went in countywide, Brevard saw its worst year on record for boat-related manatee deaths -- 20 so far. And state wildlife officials say they don't know why.

The zones, they say, haven't been in place or clearly marked long enough to tell whether they're working. They hope 65 new signs going up in the Indian River Lagoon this winter will make a difference.

Boaters -- some who curse the longer, slower rides -- say this year's record number proves such zones don't work. Manatee advocates say they would work, if boaters stopped speeding through them, and zones were more strictly enforced and clearly marked.

State officials aren't sure which side is right, only that confusing signs no longer will be an excuse for boaters to speed on through.

"There's been a longstanding problem, and I think it's finally being addressed," said Pat Rose, executive director of Save the Manatee Club, a nonprofit advocacy group based in Maitland. "The zones are on paper, but they're not protecting manatees."

Frequent violations

While tickets are up to officer discretion, for most small boats, "slow speed, minimum wake" means about 5 mph, depending on conditions and the boat.

State wildlife officials gave boaters a grace period of several months after widespread zones were established about five years ago in Brevard. Some never were marked with signs.

Then hurricanes damaged signs in 2004, easing enforcement again.

In the past two years, fewer than two in 10 boaters that wildlife officers stopped for going too fast through Brevard manatee zones got a ticket, or 753 out of 4,194. The other 3,441, or 82 percent, got written or verbal warnings.

This year, officers issued 198 tickets in Brevard and 831 warnings.

Confusing signs, such as those near Bennett Causeway that alternately tell boats to resume normal speed or go slow, made officers reluctant to write tickets.

To clear up the confusion, Florida Fish and Wildlife Conservation Commission took over managing manatee signs last year from the Florida Inland Navigation District.

While the navigation district used as few signs as possible to keep the waters free of obstruction, the wildlife commission wanted more signs to mark the zones. Now they'll get them.

A $250,000 project will add the 65 new signs and fix damaged ones by this coming spring. The project adds to about 500 postings the navigation district already installed to mark controversial manatee zones approved in 2001.

Eleven signs will replace buoys that warn boaters away from the power plant discharges where manatees congregate during winter.

Some will go in Satellite Beach canals, to change unofficial signs that say, "Idle speed," to the official state-approved sign, "slow speed, minimum wake."

Numbers game

Boat strikes account for about a quarter of overall manatee deaths. The same held true for Brevard this year, despite this year's record of 20, or about 24 percent of the 84 total deaths. State wildlife officials said the relatively steady rate over the past decade might be evidence the zones are working, given the rising number of boats on the water.

But boaters say the manatee population -- estimated at 3,000 to 4,000 -- also is rising, and the state lacks scientific evidence that slow zones reduce manatee deaths. They point to the previous record of 17 boat strike deaths in 2002, the first year most of the zones went in.

"I think it's proof that they have no idea if they're working," said Steven Webster, president of Citizens for Florida's Waterways, a boating advocacy group. "Boats never did, they do not, and they will not ever be an extinction threat for manatees."

Brevard averaged 10.6 manatees a year killed by boat in the five years before the new zones took effect. In the five years since they've been in, that average has risen to 12.4 killed by boat.

Too soon to tell

Most zones have only been in full swing about 2.5 years, though, given the initial grace period, hurricanes and signage problems. So it's too soon to know how effective they'll be, state wildlife officials said.

But to boaters, the higher numbers lend weight to what they've been saying for years: that larger vessels such as the tugs that haul oil barges to and from the power plants, do most of the harm, not the average sport boat.

One recent study seems to bolster their case. State researchers found that twice as many of the dead manatees found with propeller cuts had been hit by boats longer than 40 feet.

Boaters against the zones also point to research that shows manatees can't hear the low frequencies slow-moving boats create underwater. Sea cows could better hear faster-moving boats.

But manatee advocates warn that the research is in its infancy.

Save the Manatee Club's Rose doesn't buy the barge theory.

"It's just not true," he said. "A very small fraction end up being caused by barge traffic, and those are pretty darn evident. The manatees are nearly cut in half."

State wildlife officials say the onus should be on boaters to avoid manatees, not the other way around.

Mark Haworth is the kind of boater Salberg worries about most, an out-of-towner, therefore less familiar with local zones. But Haworth said he watches carefully and doesn't mind slowing for the sea cows.

"I don't have a problem with the manatee zones," the Orlando resident said as he fished with friends from his boat in the Banana River Lagoon. "You've got to do what you've got to do."

Developer sues city of Dunnellon

By Jim Hunter

The owner of the land scheduled to be developed as Rainbow River Ranch filed suit against the city of Dunnellon Monday in circuit court for suspending a tree and brush cutting permit it had issued him in August.

The suit by Rainbow River Ranch LLC owner Gerald Dodd attacks the council’s suspension on a number of levels, saying it was illegal and asking for legal costs and damages. Neither Ted Schatt, the city attorney, nor Nikki Connors, the city’s vice-mayor, had seen the suit Monday, and so had no comment on it.

In its first meeting after the city council elections in November, the new council had suspended the permit and called for an investigation. There had been numerous protests by individuals and the group Rainbow River Conservation Inc. alleging that the tree removal on the property along the east bank of the Rainbow River was illegal.

Complaints went to numerous agencies, though none found the owner in violation of environmental regulations, and the state’s secretary of the Department of Environmental Protection even eventually toured the land with a staffer, but found no violation.

The city’s own inspections did not find the work on the land illegal either. The city attorney suggested the council not revoke the permit, said Connors, who is the acting mayor, but she said there were so many complaints the council felt it was in the best interests of the citizens to suspend it while it was investigated.

Former Mayor John Taylor had said he would not be party to an action that would bring legal action on the city, and he walked out of the meeting over it, resigning the next day. He could not be reached for comment Monday. His replacement has not been appointed yet, and Connors is currently serving as the acting mayor.

Dodd states in his suit that though there had been eight inspections of his property between Sept. 28 and Nov. 9 by state, city and water district officials, no violations were found.

Despite that, he charged, on Nov. 13 the council voted to suspend the permit without notice or an opportunity to be heard, based on what he said was an undocumented belief of violation of the city permit.

The suit said more inspections were conducted, but no citation of violations were made, though on Nov. 17 the city posted a cease-and-desist notice on his property for violation of the permit’s suspension.

The suit said the city took photos of the tree clearing on the property on Nov. 20, but to date no violation has been issued, though the contractor for the owner has received a notice for working under the suspended permit.

Dodd’s suit claims that issuance of the permit is a quasi-judicial process that carries the requirement of due process and that is subject to an appeal process of 30 days.

The suit said that the council has no legal authority or factual basis to suspend the permit, and its action represents an ad hoc amendment to its codes. In fact, the suit says, the city’s code says the city manager or his designee shall administer the provisions of the code pertinent to trees, and so the council’s suspension of the permit was in direct conflict with its own code.

Further, the suit alleged, suspension of the permit without notice or an opportunity to be heard denied due process of law.

In addition, the plaintiff’s property had been an active farm operation and had enjoyed agricultural tax status and as such was engaged in bona fide silvacultural activities, which were exempt from permitting, the suit says.

The suit also charges that the suspension of the permit resulted in a denial of equal protection under both the state and federal constitutions. It asks the court to determine the suspension was invalid and to award unspecified costs and damages.

Schatt said when the city is served with the suit, it will take appropriate action. He said the lawsuit will have no impact on the independent investigation the council called for, which is going forward.

Couple sues Sky for title

By Dave Pieklik

A Broward County couple is asking a judge to order Sky Development Group to transfer the title to a Citrus Springs lot to them, after they say they bought land from the developer, but it wasn’t recorded.

Robert and Mona Alley of Hollywood claimed they bought the land through a wire transfer sometime between May and October 2006. Papers filed by Hollywood attorney Eric Salpeter show several checks and a wire transfer receipt totaling $190,000 the couple paid Sky for the land and financing for a new home.

A wire transfer receipt included in a court file shows on Oct. 2, Mona Alley used Wells Fargo Bank to wire $110,000 to Sky Development through All Title & Trust LLC. Copies of two checks totaling $80,000 also are included in the file, which were written out to Sky by Mona Alley.

“Despite the agreement between the defendant and the payment for the property, the title to the property still reflects the name of the defendant rather than the rightful owner …” Salpeter says in the Dec. 12 quiet title filing.

Salpeter continues that Sky Development has “no legal or equitable right, claim or interest in the property” and demands reimbursement of attorney fees and other costs.

The legal action is the latest to be filed against the developer, which is embroiled in an investigation accusing it of defrauding investors and others. In many cases, Sky representatives are accused of forging deeds and other documents to acquire land in Citrus Springs that belonged to someone else.

In other cases, the Miami-based developer is accused of taking down payments for homes, but never building them. Company representatives have apparently vacated offices in Miami, Palm Coast and Citrus Springs since the probe began, and authorities have been unable to locate them.

To date, more than 400 deeds involving Sky have been questioned, with total property valued at more than $25 million. After the investigation into Sky Development began in October, the FBI announced it was getting involved in the case.

Council rezones tracts for builders

By TODD WILSON twilson@lakecityreporter.com
Tuesday, December 19, 2006 12:11 AM EST

More property was cleared for commercial development in Lake City as the City Council approved land-use changes for a total of six tracts formerly zoned for residential use.

Councilmen voted unanimously to change four tracts totaling more than 5.5 acres from various residential status to commercially zoned property during a regular meeting Monday night.

A public hearing designated for the land-use change closed without comment and the City Council voted 5-0 for the change.

The tracts, owned by Hunter Creek Investment, LLLP, include two parcels of 1.86 acres each, and two one-acre lots along Southwest Bascom Norris Road. Hunter Creek Investment, LLLP, lists Charles Sparks as the registered agent and Westfield Realty Group, LLLP, as a general partner, according to city records.

In other zoning changes, the City Council also gave unanimous approval to zoning changes that will allow commercial developments on two tracts of land located at the northwest corner of Bascom Norris Road and Sisters Welcome Road. The land previously was zoned as residential medium density and residential single family.

Brian Crawford and Chad Williams are listed as the agents of the property, according to information provided by the city.

No one from either development group spoke about the land-use changes during the meeting.

In other business, City Council addressed the following:

n Heard first reading of a proposed ordinance to rezone a tract less than 10 contiguous acres at the corner of Southwest Knox Street and Southwest Davison Way. The property is owned by Philip and Shannon Jossi. The proposed rezoning would be from residential multi family to residential office.

n Agreed to begin offering health insurance benefits to new City Manager David Kraus on Feb. 1, a month after he begins working for the city. City officials said Kraus informed him he had insurance coverage with his former employer through the end of January. Council agreed to waive the customary 90-day waiting period for city insurance benefits.

n Authorized the city to enter into a contract with GTC Design Group, LLC, for engineering and consulting services in regard to the Greater Lake City Regional Utility Authority. The RUA recently approved the use of the group, as well.

n Agreed to a fourth lease extension between the city and Homes of Merit, Inc., for its use of Lot 9 of the Lake City Municipal Airport Industrial Park property. The lease fee is $664 per month, plus sales tax. The lease will terminate on Dec. 31, 2007.

n Agreed to send a letter to the Florida Department of Transportation urging those officials to expedite the consideration of a four-lane expansion project of U.S. Highway 90 West from Lake City Avenue west to Turner Road at the city limits.

“I think we urge them to move it up in their five-year work plan,” said Councilman Mike Lee.

n Denied a request to change the city employees' general retirement fund's current three-year drop plan to a five-year drop plan. The change was approved by the fund's board of trustees in January, but denied by the City Council by a 3-2 vote. Councilman Eugene Jefferson and Mayor Stephen Witt voted in favor of the change.

Bush Helps Launch Ethanol Initiative

Published: Dec 19, 2006

CORAL GABLES - In one of his final initiatives as governor, Jeb Bush on Monday announced the creation of the Interamerican Ethanol Commission to promote the use of the alternative fuel throughout the Americas and slowly wean the region off gasoline.

Bush said his support for ethanol was shaped by watching the suffering of Floridians through eight hurricanes in the past two years, and the resulting damage caused by a temporary loss of fuel supply.

"Wouldn't it be nice to have alternative sources of fuel as we prepare for hurricanes?" he said.

Also launching the commission was Luis Alberto Moreno, head of the Interamerican Development Bank, and former Brazilian agriculture minister Roberto Rodrigues, who now heads the country's agribusiness council.

"For the last 35 years, I have been thinking how stupid has been humankind to build a whole civilization over oil, which is something that is going to finish one day," an emotional Rodrigues told a crowd of more than 100 mostly business leaders at the Biltmore Hotel.

Rodrigues said in the coming months the group will begin presenting "road shows" on ethanol throughout Latin America.

Bush leaves office in January. He said increased ethanol consumption will reduce the nation's dependence on foreign oil, help improve the environment and provide a catalyst for poor nations to "grow their own energy."

But some experts have questioned whether a sufficient amount of ethanol could be produced to make a significant dent in oil consumption.

Brazil meets nearly half its fuel demand for passenger motor vehicles with ethanol, almost all of it made from sugar cane. It is also Florida's top trading partner, with $10.9 billion in trade last year.

Bush acknowledged that broadening an international ethanol push in other parts of the United States is a tough sell, especially in the Midwest, which receives billions of dollars in federal subsidies for corn production, a major source of ethanol.

Earlier this year his brother, President Bush, opposed an extension of the 54-cent-per-gallon tariff on imported ethanol, but Congress passed the measure Dec. 8.

"You can see how agriculture producers in our country worry about ideas that take away some of their protection," he said, joking that the unpopularity of his stance in the Midwest was "living proof that I'm not running [for president]."

But he added that expanding the worldwide consumption of ethanol will create plenty of opportunities for U.S. producers.

"There's no possible way that Brazil by itself or the United States by itself could expand capacity that quick. So a level of cooperation, I don't think, is threatening for American agriculture," he said. "In fact I think it will yield lowering of cost and expansion of markets."

Ranch Plan Back On Agenda

Published: Dec 19, 2006

WESLEY CHAPEL - County Commissioner Jack Mariano hopes to persuade his fellow board members today to reconsider their approval of a major development at the Grantham Ranch, off Old Pasco Road.

A study of flood conditions in the area was released Dec. 8, three days after commissioners voted 3-2 to change the land-use designation to allow 474 homes on 611 acres, Mariano said. He and Commissioner Pat Mulieri were opposed to the land-use change because of flooding concerns.

"The data we had [before the vote] was 30 years old," Mariano said. "This data is brand new. As a commission, we need to make a decision on what is the best information available. For us not to have that information is critical. It's poor decision-making. Think about how much construction has gone on in the last 30 years."

Because they voted against the land-use change, neither Mariano nor Mulieri may make a formal motion to reconsider it. They may, however, try to persuade other commissioners to do so at a meeting today in New Port Richey.

Builder D.R. Horton agreed to abide by stricter drainage regulations at the development to satisfy the flooding concerns. Namely, engineers designed the drainage system to hold water upstream even in rare rain events - abiding by restrictions for "basins of special concern" even though the ranch is not officially in one.

Mariano and Mulieri said two weeks ago they wanted to hear testimony about the drainage plans from county Engineering Services Director Jim Widman, who was not at the hearing. Widman has testified at previous hearings that the drainage plan is sound.

The ranch comprises a mobile home, farm buildings and pasture. It is surrounded by pasture, mobile homes and single-family houses.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

Environmental Protection Can Please the Senses

tom.palmer@theledger.com

The marriage of environmental protection and outdoor recreation is becoming a happy one.

I am referring to the growing number of storm water-retention areas that provide useful green space for the public.

Perhaps the most popular such facility around here is the South Lake Howard Nature Park in Winter Haven, which opened in 2001. It includes a walking trail, fishing pier, boardwalk and picnic facilities.

Across town is the new Lake Hartridge Nature Park, which opened in August with a walking trail and is being expanded to include a playground and improvements to the existing boat ramp. It is beginning to attract users, too.

One storm water-treatment area that's not quite as heavily used because it's tucked away in a residential area is the Lake Mariana storm water-treatment area and park near Auburndale. It has only a small parking lot and a short boardwalk, but the design kept a majestic live oak tree and the vista across the lake is quite lovely.

Lakeland has built a storm water-treatment area, complete with a boardwalk, on the north shore of Lake Hollingsworth on land owned by Florida Southern College.

Lakeland commissioners on Monday approved a change in their development regulations to require storm water-retention areas to look as natural as possible, complete with landscaping along the edges, so that they will be more of an amenity than an eyesore.

This will certainly be an improvement from what we've seen in the past, which is usually a rectangular depression surrounded by chain-link fencing with beer bottles floating in the water.

But not all of the storm water projects are small, urban affairs.

If you haven't visited Polk County Environmental Land's Circle B Bar Reserve lately, you may not have seen the results of a major project intended to reduce the amount of pollution flowing from the Eaton Park area into the Peace River via Lake Hancock.

The natural marshes have been restored and water is flowing through them - when there is water - and it is a much healthier system. The water flowing downstream is a little bit cleaner.

Southwest Florida Water Management District officials have some plans for creating a water treatment area on the former Old Florida Plantation property on Lake Hancock's southeastern shore.

That promises to include recreational amenities as well, though so far the details remain unknown.

If Swiftmud officials add no other public facilities there, the construction of a decent boat ramp on Lake Hancock could top the list because the lake - Polk's fourth largest - doesn't have any decent public access at the moment.

But regardless of the aesthetics and recreational amenities contained in the storm water-retention areas, we should never lose sight of their purpose, which is to divert tons of pollutants from flowing directly into lakes and rivers.

Up until about 25 years ago, all of the runoff went unfiltered from Florida's developed landscape into the nearest natural water body.

Gradually that practice began causing the lake water to become green instead of clear. The influx of nutrients also created conditions that encouraged the further explosion of hydrilla and other noxious aquatic vegetation.

The next step in storm water retention will probably include higher standards on how much storm water has to be retained in ponds rather being allowed to overflow into lakes and rivers. That will involve increasing the size of the ponds to hold more water.

If the ponds are useful for recreation, aesthetics and wildlife habitat, all the better.

HOLLINGSWORTH CLEARING

Speaking of lakes, it's hard to miss the clearing that occurred recently along the north shore of Lake Hollingsworth by workers hired by Florida Southern College.

You can see the lake more easily now from the college's parking lot, though you'll probably see less wildlife because the cleared vegetation along the shore was an ideal place for these creatures to forage for food or dive for cover when predators approached

I guess the most offensive part of the work isn't what the college's work crew removed, but what it left behind.

The workers cut down or lopped off pines, willows and oaks, but left standing were 20 Chinese tallow trees, which federal wildlife officials consider the worst invasive tree species in the Southeast. One Brazilian pepper, another troublesome invader, also remained untouched.

The brush-clearing project has given both invaders ideal conditions to further infest the shoreline.

A better-thought-out plan would have been welcome.

NEW YEAR'S HIKE

County Commissioner Bob English will host a hike on New Year's Day at the Circle B Bar Preserve, a county environmental preserve on Lake Hancock. The hike will begin at 9 a.m. Janice Anderson from the Florida Trail Association will lead hikers.

English said he came up with the idea because he thinks a healthy hike in the outdoors is a good way to start the new year.

Circle B Bar Reserve is on State Road 540 east of U.S. 98 between Lakeland and Winter Haven.

Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535

Homeowners Boo Insurer's Solution

Published: Dec 19, 2006

NEW PORT RICHEY - Citizens Property Insurance Corp. presented a case before state insurance regulators Monday night for what the state insurer of last resort describes as significant homeowners rate reductions in Pasco County.

Many of the estimated 200 residents and local leaders who attended weren't buying the explanation. They said the proposed rates, which make sinkhole coverage optional, are not low enough.

Citizens wants to increase deductibles and make coverage elective for minor sinkholes and to settle claims as a way of lowering premiums. Policyholders would have to get coverage for catastrophic events, defined as a 5-foot-deep sinkhole forming within seven days and making a house uninhabitable.

Susanne Murphy, Citizens' executive vice president, said the changes would reduce rates by 47 percent in coastal Pasco and 58 percent inland.

Citizens' soaring rates in Pasco in recent years have been blamed on an inordinate number of sinkhole claims. From January through October, Citizens customers statewide filed 613 sinkhole claims, including nearly 400 in Pasco, company spokeswoman Christine Turner said.

In comparison, in 2002 there were four sinkhole claims in Pasco totaling $160,000.

Paul Ericksen, a consultant for Citizens, said eliminating mandatory sinkhole coverage would put Pasco's rates more in line with those in other counties.

Two local lawmakers who sponsored legislation to make sinkhole coverage optional, along with a lawyer hired by Pasco to investigate rising rates, disagreed with that assessment.

Attorney Timothy Volpe noted that the average sinkhole claim in the Bay area has risen from about $32,000 in 2002 to about $109,000 last year. "This is probably reflective of an attitude for the people of Citizens to pay for claims when perhaps they should not," he said.

Volpe argued Citizens was raising rates when its own research showed that decreases were warranted.

Allan Schwartz, who is working for Pasco with Volpe, said his calculations show that rates should be 20 percent to 40 percent lower than what Citizens proposes, based on risks and costs.

During the three-hour hearing, several residents shared stories of how their rates have doubled and tripled. Wil Nickerson, of the grass-roots group Homeowners Against Citizens, urged state leaders to continue the fight.

The crowd frequently heckled Citizens officials, yelling, "Get a life!" and "This is ridiculous!" A group walked out of Spartan Manor 45 minutes into the meeting as one man yelled, "You guys created this problem, and now you want us to correct it."

State Insurance Commissioner Kevin McCarty, who will review Citizens' plan, frequently had to remind speakers from the crowd to stay on point. Citizens hopes he makes his decision this month so the new rules can take effect by March.

Little Light Is Shed On Legal Counsel Issue

Published: Dec 19, 2006

TAMPA - The Tampa-Hillsborough County Expressway Authority's final response to the state Auditor General, unanimously approved Monday by the authority's board, is a mixture of concession and defiance.

Crafted by the authority's staff and its interim general counsel, Rhea Law, the 11-page response will be sent to the state so a final report can be prepared.

The response, however, barely touches upon the issue that prompted scrutiny by Gov. Jeb Bush and later, the Auditor General.

That issue - how the board dealt with a competitive bid process in August for its outside legal counsel - received two paragraphs in the response.

The authority has been criticized for the board's re-ranking of four law firms that applied for the contract. Its former executive director and its paid lobbyist both acknowledged meeting with the law firm that ultimately won the contract, despite being ranked in second place. The bids were later disqualified.

Then-outside legal counsel Steve Anderson said the re-ranking was retaliation for his conflict with a board member.

The Auditor General, in its preliminary findings, questioned the lack of discussion by the board prior to changing the rankings. The authority's response says that no justification is required.

"Nevertheless, we recognize that engaging in some discussion of the reasons for a re-ranking benefits the public by providing greater insight into the decision-making process," the response states, "and thereby promotes the goals of the Sunshine Law."

In all, the authority agreed with five of 13 findings by the state and partially agreed with three others. It disagreed directly with two findings. The authority's response says it is evaluating the cost-benefit on three other state findings that dealt with hiring outside lawyers, lobbyists and public relations professionals.

"The authority is analyzing its current needs for legal services," the response states, "and is performing a cost-benefit analysis to determine the proper combination of in-house general counsel and outside counsel services."

The authority also acknowledged the need for change with the outsourcing of communication consultants for marketing and public relations. The agency will evaluate individual assignments prior to hiring an outside firm if it looks like the work can be done cheaper by staff.

And it is looking at its lobbying contract with Beck Consulting Group, despite its response about John Beck's work for the authority. The Auditor General's findings said Beck's contract should be terminated immediately.

The authority, however, in its response, said Beck does more than lobby for the agency.

He and his associates "have vast experience and insight regarding the transportation industry," according to the response.

Beck and Ralph Mervine, the authority's former executive director, both met with partners from the Gray Robinson law firm prior to bids for the authority's outside legal counsel contract being finalized.

Beck did so at the direction of board member Robert Clark Jr., who had twice been cautioned by Anderson about ethical issues. Anderson said Clark didn't like being questioned.

Mervine, who sat on the bid selection committee, had dinner with a Gray Robinson partner two days before helping rank the bids. He resigned last month after The Tampa Tribune reported he owned a gay pornographic production company.

Bush called for an investigation in late August because of the bid controversy. He later asked for an Auditor General review.

The FBI also is investigating the expressway authority.

Reporter John W. Allman can be reached at (813) 259-7915 or jallman@tampatrib.com.

Plan for new concrete plant in city of Alachua advances ALACHUA — City commissioners on Monday cast a final vote of approval for a land-use change to allow a concrete batch plant to be built just off of U.S. 441.

Commissioners were still discussing a companion zoning change from Alachua County agriculture to city of Alachua industrial late Monday night.

But the land-use change they voted to approve represents the first step in allowing Alachua Partners LLC to build a concrete batch plant on 10 acres just north of U.S. 441 in the eastern part of Alachua, which has a population of roughly 7,121 and is located northwest of Gainesville.

The vote was 4-1, with Commissioner Bonnie Burgess dissenting.

The company still must seek site plan approval and a special exception in order to build a concrete batch plant on the property.

Alachua Partners' proposal is the second concrete batch plant proposed to be built in Alachua this year. In February, Trinity Materials LLC proposed building a concrete batch plant in a different location on U.S. 441, but the Planning and Zoning Board recommended rejecting that project, which is not related to the Alachua Partners proposal.

Neighbors have voiced fierce opposition to both proposals, expressing concerns about a concrete batch plant's impact on the area's environment and on traffic. City planners have said the plant proposed by Alachua Partners LLC will add roughly 327 trips a day to U.S. 441.

"I can't believe this is not going to have some effect on our water," said Margaret Stack, who lives near the site of the Alachua Partners proposed plant and was one of 17 people to speak against it Monday night. "And the idea of 327 truck trips on 441 is absolutely incredible. We've already got enough traffic on 441. It's only going to get worse. We don't need 327 more truck trips."

Gerry Dedenbach of Causseaux and Ellington, which represented Alachua Partners, said the plant will provide much-needed concrete to local construction projects, and it could actually decrease the number of trucks making trips to deliver concrete through Alachua from Columbia County or Gainesville.

Other neighbors, especially those in the nearby Woodland Oaks subdivision, said the plant would harm the character of the whole city, not just their neighborhood.

"I want to have a positive attitude toward the growth, but I am devastated to think that a cement batch plant is being given the opportunity to build in our area," resident Gloria Durkee said. "Alachua is too beautiful to have to look at a cement batch plant."

Residents also said they were worried the plant would create noise, light and air pollution.

Dedenbach said an existing buffer of trees along with new buffers should keep noise and other impacts to a minimum.

Commissioners Gib Coerper and Burgess said they worried about the plant's impact on the sinkhole-prone site, which was described as "highly permeable" in a staff report.

Dedenbach said sophisticated water-retention systems on the site will handle stormwater runoff and other wastewater to ensure that the city's groundwater is protected.

Proposed Wal-Mart on Barclay draws heat

By MICHAEL D. BATES
mbates@hernandotoday.com

SPRING HILL — Representatives of four local homeowners’ associations have banded together to fight a new Wal-Mart Supercenter proposed for Barclay Avenue.

The groups have asked County Planning Director Ron Pianta to pull the retailer’s request from next month’s planning agenda because they think it will devastate the environment and clog Barclay Avenue with traffic.

If the store is approved, it would be contrary to the county’s code of ordinances, according to a letter to Pianta, signed by 13 homeowners’ representatives.

“A 24-hour Wal-Mart at this particular location will cause 24-hour light and noise disturbance for our neighborhoods as well as increase the crime rate in our community,” wrote representatives of Pristine Place, Silverthorn, The Oaks and Plantation Estates homeowners associations.

Also opposing the store are members of the United Communities of Hernando County, an umbrella organization representing several county homeowners and property associations.

The new supercenter would “overwhelm” Barclay Avenue with traffic and endanger students at nearby Powell Middle School, the letter said.

Wal-Mart is proposing building its newest supercenter on the east side of Barclay Avenue, between Suncoast Villa Apartments at the Publix-anchored Barclay Square.

The property, part of the large Holland Springs development, has the necessary zoning for a Wal-Mart, but requires a master plan revision.

When built, the combination retail-grocery store would have full access on Barclay Avenue and an entrance road that aligns with Minnie Drive to the west.

The homeowners’ groups believe planning and zoning commissioners cannot legally consider revising the plan submitted by Wal-Mart because it doesn’t take into consideration the surrounding land uses, the wetlands, and recommended improvements to roads and other infrastructure.

The homeowners’ groups have asked the planning department to set up a meeting to air their concerns to the responsible parties.

Pianta said it is Wal-Mart’s decision whether to hold a public meeting and has forwarded the request to the retailer’s representative.

Pianta said the item is still scheduled to be discussed at the Jan. 8 planning meeting. He said his department is reviewing the store’s submitted application and will take into consideration neighbors’ concerns.

Kristen Tolbert, a representative with Bricklemyer, Smolker & Bolves, representing Wal-Mart, declined to comment. However, she said that they would try to schedule an upcoming community meeting to discuss the project.

Brad Undestad, a board member with the Pristine Place Homeowners Association, said the communities have chosen to look outside the area for advice on how to proceed against the store’s plans.

He said Wal-Mart needs to find a better location.

“This area just won’t accommodate that kind of traffic,” he said. “The county needs to look 10 years down the road and position these large retail centers in areas where they better fit and not have urban sprawl.”

If built, this would be Hernando County’s fourth Wal-Mart Supercenter. A typical store contains 187,000 square feet.

Opposition to a new Wal-Mart is nothing new. Last week, the retail giant got preliminary site plan approval from the Pasco County planning department for a new Holiday store.

But that approval came after several months and much dissension from citizens, who are voicing many of the same concerns as the Spring Hill homeowners’ associations.

Wal-Mart has also faced an outpouring of citizen dissent in Hudson, where the retailer is planning to build a supercenter on U.S. 19 in Hudson, near Beacon Woods. The county and retailer continue to hash out a road realignment plan there.

Closer to home, it took the retailer months to get final approval for its supercenter at U.S 19 and Osowaw Boulevard in Spring Hill. Environmentalists protested the loss of animal habitat and environmentally sensitive land.

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

'A deal's a deal,' developer testifies

Palm Beach Post Staff Writer

Tuesday, December 19, 2006

WEST PALM BEACH — Developer Mark Bellissimo testified Monday that he's an honest guy who trusted agreements, until the producers of the National Horse Show and Winter Equestrian Festival told the media - before telling him - that they were leaving his show grounds, and his multimillion dollar development project, behind.

"From my perspective, a deal's a deal," he said.

Bellissimo was in court Monday to try to stop producers of the National Horse Show and Winter Equestrian Festival from looking for a new site to host its world class equestrian competitions.

Stadium Jumping Inc. threatened in November to move its horse shows to another location, saying the show grounds at the Palm Beach Polo Equestrian Club in Wellington were too small. Bellissimo, meanwhile, said Stadium Jumping President Eugene R. Mische had signed a contract in August 2005 promising to stay on the show grounds for the next three decades.

Stadium Jumping leases the show grounds from Palm Beach Polo owner Glenn Straub. The lease expires in 2008. Bellissimo is in the middle of buying the show grounds from Straub.

If the horse show moves, Bellissimo's 466-acre development, billed as the largest equestrian center in the world, dies.

"The only reason I did this deal was because of horse shows there at that time," Bellissimo said. "It's the heart that pumps the blood."

Bellissimo testified in front of Palm Beach County Circuit Judge David Crow for roughly 212 hours on Monday. More witnesses were expected to testify, but time ran out. A second hearing was not immediately scheduled.

Bellissimo said the August 2005 agreement meant he and Mische were "jumping in the pool."

Bellissimo said he met Mische while buying property from Stadium Jumping in Grand Prix Village. The two started talking, Bellissimo said, and the developer learned Stadium Jumping needed money to keep running its shows here.

Bellissimo - whose wife and two daughters ride in horse shows - said he and Mische worked together on the development deal. Bellissimo promised to share some of the profits from the sale of land in the Palm Beach International Equestrian Center. In exchange, Mische would give Bellissimo a seat on the Stadium Jumping board.

Bellissimo said the deal was 14 months old when he got a call from Mische saying Stadium Jumping investor Jeremy Jacobs didn't like the plan. "(Mische) said 'You and Dennis (Dammerman) are off the board, Jerry doesn't like the deal as it exists,'" Bellissimo testified.

Dennis Dammerman is an investor with Bellissimo's group called the Wellington Equestrian Partners. Jacobs is owner of the Boston Bruins hockey team. He also owns a 300-acre estate on Pierson Road in Wellington. He's taken the village to court twice, and gotten his way both times.

Mische has said, in previous interviews, that his partnership with Bellissimo ended because he is about running a world-class horse show and Bellissimo is about development.

But as recently as August, Mische and Bellissimo publicly touted the development as a way to keep the horse shows in Wellington.

"Stadium Jumping intends to own the show grounds and keep the horse shows here for many, many years to come," Mische said at a Wellington Planning and Zoning meeting.

Bellissimo hopes to close on the show grounds within 90 days. When asked if he had a closing date with famously tough negotiator Glenn Straub, Bellissimo said he was still working on it.

"I have an agreement with Glenn Straub, and I assume Glenn Straub will honor that agreement," Bellissimo said. "I had an agreement with Stadium Jumping, and I assumed Stadium Jumping was going to honor that agreement."

On the stand, Bellissimo painted himself as a respectable deal-maker now caught up in a tide of lawyers and broken promises.

"In 20 years of doing business, this is the first time I've been in litigation," he said.

When asked why he hadn't responded to letters from Stadium Jumping's lawyers, Bellissimo said he has been calling to request meetings.

"We're trying to work with you," he told James McCann, an attorney for Stadium Jumping who also represents Jeremy Jacobs. "And the response has been 'no.' "

 

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Brevard towns hope merger sends big anti-growth signal

Laurin Sellers
Sentinel Staff Writer

December 18, 2006

GRANT -- Every February, more than 50,000 people stream into the tiny fishing villages of Grant and Valkaria for a two-day fried-seafood feast.

But when the tartar sauce runs out, so does the welcome.

The only thing the locals like better than holding the famous Grant Seafood Festival is living quietly among the pine trees and cabbage palms in southern Brevard County the rest of the year. So they're using an unusual strategy to try to preserve their rural lifestyle: The two communities have merged into one town.

The goal of the united town of 3,900 folks is simple: Keep out growth and stay small.

"We want to keep that 'old Florida' feel," said Robert Knoblauch, owner of the historic Grant Grocery Store and Deli, a two-story pine building built in 1894 that still has the original post office and safe in the back.

While nearly two dozen hamlets have incorporated in Florida since 1990, state officials can't recall any that have joined forces this way.

"I'm not aware of any other side-by-side communities that have done that," said Ken Small, spokesman for the Florida League of Cities in Tallahassee. "I've been here 22 years, and I would have to say it is pretty unique."

Residents of Grant-Valkaria, the state's 411th incorporated town, now have their own charter to restrict growth and limit the number of homes per acre. They have Town Council members, instead of the County Commission, to vote on zoning requests. They see the merger, approved by 67 percent of the voters in a referendum July 25, as a chance to decide their destiny.

Today, the town on the southern border of Brevard County has big homes on large lots and rustic roads shaded by old oak trees.

They can see the stars

There's room to ride horses and watch the deer and other wildlife that wander into backyards. Townsfolk still have an open view of the Indian River Lagoon along historic U.S. Highway 1 instead of the wall of condominiums, homes and businesses that now blocks most of the waterway in the rest of Brevard.

And residents still look up and see the stars at night, not the backside of a shopping center in the glare of 24-hour security lights, said newly elected Mayor Del Yonts, who bought his 5-acre spread in Valkaria 20 years ago.

The sleepy town is drastically different from neighboring Palm Bay, where the population of more than 105,000 soared by 15 percent during the past five years, making it Brevard's largest city. It's a city where busy highways are lined with fast-food restaurants, shopping centers and chain stores.

One of the main reasons the two little communities joined forces was to keep from being gobbled up by Palm Bay, which already had begun gnawing on Valkaria by annexing nearly 3,000 acres of rural land around Interstate 95.

"The surrounding property owners had no say in it," Yonts said.

Zoning changes were being made by county commissioners -- "people who don't know our town," said Joe Hackford, the assistant mayor.

"We know you can't stop growth, but we believe it can be compatible with what we have now," said Hackford, who has lived in Grant for more than 15 years. "If we can monitor growth, we can keep it beautiful."

Specific guidelines have been written into the town charter to preserve the rural character and protect mom-and-pop businesses, wildlife habitat, riverfront and large residential lots. Any proposed development affecting building heights, density or traffic must be approved by six or more members of the seven-member council, which includes the mayor.

Town officials, who are not paid, said they aren't worried about lawsuits from landowners wanting to sell to developers. In fact, experts say the biggest threat to the new town has more to do with politics than property rights.

"It depends on the community commitment and whether they continue to elect people who really oppose development," said Ruth Steiner, associate professor of urban and regional planning at the University of Florida.

Other Florida communities, such as Windermere in Orange County, have managed to keep their small-town charm despite rampant growth swirling outside their borders, she said.

Windermere, population 2,300, incorporated in 1925. It's known for its old oaks, dirt roads and lakeside estates. There's a small business district, but strip malls, liquor stores, gas stations and drive-throughs are only some of the operations that are prohibited, said Dorothy Burkhalter, town clerk.

However, traffic has been difficult to control. The town recently built two roundabouts to ease congestion caused by commuters from surrounding suburban areas and motorists heading to the tourist attractions.

More clout

Residents of Grant-Valkaria said they realize traffic and growth in neighboring cities will be harder to handle. But at least incorporation gives them more clout, Small said.

"They will have a greater voice before the County Commission, a much higher standing even on properties outside their borders," he said.

Still, some worry that power comes at a price -- in the form of higher taxes to pay for city services.

"I want it to stay a small town, but I was against incorporating," said William Boscovich, 72, who moved to Grant nearly half a century ago when his father was a commercial crabber. "Right now everybody is working for no salary, but how long is that going to last?"

For now, "town hall" is an answering machine inside the home of a former interim council member. The town "clerk" is a group of volunteers who check for messages every one to two days. There's no town manager.

Small said any increase in taxes likely would be minimal. But Boscovich remains leery.

"We'll have to have a town hall, hire a clerk and a manager and an attorney," he said. "They say it isn't going to cost us, but we'll see."

Steiner, the UF professor, said folks in other small communities could be watching -- and learning from Grant-Valkaria.

"Two different settlements recognized they were too small to fight the forces around them," she said. "So they came together in an interesting and unique way. I don't know of any others like them, but I wouldn't be surprised if we start seeing more."

Laurin Sellers can be reached at lsellers@orlandosentinel.com or 321-795-3251.

Fast-Growing Wesley Chapel Requires Rigorous Attention

Published: Dec 18, 2006

The bulldozing of large parts of Florida, the subject of a recent report by the University of Florida's GeoPlan Center, is plainly visible in the Wesley Chapel area of southeast Pasco County.

County commissioners are considering the proposed Wiregrass Ranch development. They should ensure that regional impacts, especially traffic, produce no unpleasant surprises when they vote in the spring.

Developers want to turn a 5,100-acre ranch into 13,500 homes, more than 5 million square feet of retail and offices, a hospital and four public schools. At build-out, residents could number about 35,000, a population larger than Plant City.

The effects on public infrastructure and services would be staggering. The new community would need about 3.2 million gallons of drinking water a day by 2016, and about 3,660 tons of garbage would be generated daily by 2020. Size and impacts alone should be enough to make commissioners take a deep breath.

To their credit, Wiregrass developers have proposed an attractive project that should entice many people to work and live in the community. They project creating 13,500 jobs, which certainly is appealing, considering most of the workforce in Pasco heads across the county line to earn paychecks. And Wiregrass pledges to set aside about $2.9 million for affordable housing.

But in evaluating the plans, commissioners need to take a look at the big picture in the Wesley Chapel area. It's alarming.

Excluding Wiregrass, six other developments of regional impact either have been constructed or are being built within just a few miles of each other. These projects consist of more than 20,600 homes and more than 7 million square feet of retail and offices, including a 1.5-million-square-foot regional mall still being reviewed by regulators.

With Wiregrass, the totals would be in excess of 34,000 homes and 12 million square feet of commercial and offices.

Stretches of State Road 54 remain two lanes, and the result now is daily gridlock. Construction on planned improvements to Bruce B. Downs Boulevard, State Road 56 and Interstate 75 hasn't even begun. These are the four major roads that will bear the traffic from such intense development, and all are currently operating at the lowest level of service, planners say.

Hillsborough officials in particular have expressed legitimate concerns about the traffic that will be dumped onto Bruce B. Downs and into their county. They have a reasonable request: Require Wiregrass developers also to widen the road from just south of Pebble Creek Drive in New Tampa to County Line Road. Pasco commissioners should oblige. They have a responsibility to minimize the project's impacts on such a major Hillsborough road.

Indeed, it's imperative that Wiregrass and other developers be on the hook for major transportation improvements in the area and that the state's new concurrency law be strictly followed to ensure infrastructure is in place. But in reviewing Wiregrass, Pasco officials also should question whether they have saturated the Wesley Chapel area with so much development that quality of life will suffer and whether the market can sustain it. Congested roads and empty storefronts make for ugly communities.

These are fair questions in the context of the GeoPlan Center report backed by 1,000 Friends of Florida. It predicts the state's population will double to 36 million in 50 years with essentially wall-to-wall urbanization. This major change demands attention and creative planning.

City Clerk Excels At Selling Its Shops

Published: Dec 18, 2006

SAN ANTONIO - As a youngster, Barbara Sessa didn't understand why her busy father would pause while doing errands around town to speak with the other small-business owners in San Antonio and offer words of encouragement.

When Sessa and her eight siblings grew up, she saw how hard several of her brothers worked to establish their own businesses. She understood why their dad, the late Joe Herrmann, stressed that it was important for other local enterprises to succeed, as well as their own.

She followed his example: Shop locally. Tell newcomers about the other businesses in town, what they sell and what services they provide. Help out other small business owners, if you can. Tell them you appreciate their work.

The big difference between Sessa and her parents, who ran a propane gas supply company, appliance dealership, rooming house, filling station and other businesses, is that Barbara Sessa is not, by common definition, a businesswoman. She has served as city clerk of this municipality of about 900 residents since 1992.

Nevertheless, the Rotary Club of San Antonio chose Sessa to receive its first Community Business Person of the Year award, citing her enthusiastic support of small businesses in her hometown.

Sessa said she's not really comfortable receiving such an award.

She is plenty comfortable, though, talking about the importance of local businesses in the lives of small towns - especially in the era of chain discount stores and big-box retailers.

"We just have a nice, diverse business community," said Sessa, 58. "I want people to realize that's good for the community. But if they don't get customers, they'll close up, and that's bad for everybody."

Empty stores and buildings can lead to declining property values, and a local business equals at least one local job, she said.

Sessa understands why families want to shop for low prices and that doing so sometimes means going to the big chain stores. She and her husband, Sam, have raised six children.

"I came from a big family, and I have a lot of children myself, but I make it a point to make some purchases at local businesses so that they know I care," she said.

Sessa stresses the local alternatives to the national retailers people may automatically go to because of name recognition. San Antonio boasts two fine pizzerias, for example, and the San Antonio Lumber Company stocks lots of home improvement materials, she said.

It helps that Sessa has an exhaustive memory of what the local stores carry.

The San Ann Market sells deli items and quick meals - good for busy commuters.

Park Place Antiques & Gifts, owned by Sessa's longtime family friend, Betty Burke, offers surprising finds: furniture, greeting cards, older pieces of jewelry and an extensive selection of cotton hankies, which make for nice, personal gifts.

"My mother-in-law loves it when I pick out one for her."

When a resident comes into city hall to open an account for water service, Sessa is apt to share her insights about local shopping.

Sessa also is the go-to woman for people who are opening businesses and need to know the ins-and-outs of obtaining occupational licenses, permits or zoning variances. The mayor and city commissioners serve part-time, and there isn't a city manager. So Sessa and two other staff members handle all administrative matters at city hall.

"She's very knowledgeable - not just about the city, but the county and state regulations and getting all the things you need when you start a business," Burke said.

Roy Pierce, San Antonio's mayor, said Sessa also deserves credit for the financial and problem-solving skills she employs in keeping the city's water running, the streets maintained and the books balanced. Running the city is, in fact, much like running a business, Pierce said.

"She has to stay on top of all the same shifting, convoluted regulations the city of Tampa does. The same things apply to us."

Reporter Jo-Ann Johnston can be reached at (352) 521-3062 or jfjohnston@tampatrib.com.

The 'bad apple' of wetlands banking

Held up to Congress as a shining example of the promise of wetland mitigation banking, their business went bellyup.

CRAIG PITTMAN AND MATTHEW WAITE
Published December 18, 2006

Second of two parts

On a broiling August morning, two would-be developers, D. Miller McCarthy and Alan Fickett, turned themselves in at the Polk County Jail. Deputies took their fingerprints and snapped their mug shots.

The state of Florida had charged the pair and their corporation with seven felonies and nine misdemeanors for allegedly building unauthorized roads that destroyed wetlands at the edge of the Green Swamp, the headwaters of most of the major rivers in Central Florida.

Their arrest made news across the state in 1993: It marked the first time a corporation had been charged with a felony for illegally destroying wetlands. But a judge ruled officers had bungled a search of the company's offices and excluded the evidence. Prosecutors dropped all charges.

McCarthy and Fickett reinvented themselves. They launched a company called Ecobank and became the kings of a fledgling industry called wetland mitigation banking, which makes it easier for developers to wipe out swamps and marshes.

Their biggest customer? You, the taxpayer.

* * *

McCarthy is a 6-foot-6 mountain of a man with an outsized personality to match. Even his friends describe him as abrasive and difficult to deal with.

He made money in the early cell phone boom, dabbled in real estate and ran a sand mine and logging operation. His main asset was his imagination.

He was in the land development business with Fickett, a smooth talker with a doctorate in finance and a strong interest in politics. For years, Fickett had put his folksy charm to work as a lobbyist for the University of Central Florida.

During the investigation of the Polk County wetlands destruction, Fickett blamed everything on a backhoe operator who just got carried away. But investigators found records showing he and McCarthy told their Swedish investors that the new roads were built to enhance the property's development potential.

McCarthy's reports to Sweden also talked of starting a wetland mitigation bank on the Green Swamp property to quiet environmentalists' complaints about the road construction.

"This 'bank' of wetlands would compensate for all the planned improvement activities," McCarthy wrote.

Their arrests spelled the end of their development plans on the Polk County site. The next year, with two other investors, they formed Ecosystems Land Mitigation Bank, Ecobank for short.

Mitigation banking was a relatively new concept back then. It works like this: The banker buys a former wetland and restores it. Regulators grant "credits" that the banker can sell to developers, who are required to make up for destroying wetlands elsewhere.

In the mid 1990s, most mitigation banks were shoestring operations, like Florida Wetlandsbank, whose staff consisted of two partners sharing one desk.

But McCarthy had a grander design. By early 1996. Ecobank had hired 16 employees. One was Denver Stutler, a young engineer from St. Petersburg whom McCarthy and Fickett had met six years before when he was student body president at UCF. Another employee was Kaye Henderson, who had been DOT secretary under former Gov. Bob Martinez. Stutler said Ecobank hired Henderson to help the company sell credits to the DOT.

McCarthy and Fickett believed in boosting their business through political connections. In 1996, Ecobank donated at least $5,000 to the Foundation for Florida's Future, a think tank Jeb Bush created after losing his first bid for the governor's office.

Bush's foundation published a quarterly policy journal, Outside the Lines. In March 1996 it published a lengthy essay by Stutler about mitigation banking that repeatedly mentioned Ecobank and touted its plans for establishing "megabanks" of tens of thousands of acres.

Stutler flew to Washington, D.C., to testify before a Senate committee about the bright future of mitigation banking. Then-Sen. Bob Graham introduced him and called Ecobank "one of the older of those programs and, therefore, we will have the benefit of his extensive experience."

"Ecobank is currently permitting more than 16,000 acres in four separate banks in Florida," Stutler told the senators. "We've invested significant amounts of capital and have dedicated 100 percent of our resources because we think it can work."

At that point, Ecobank had not sold a single credit.

* * *

A month after Stutler told senators that Ecobank had four banks operating in Florida, he wrote U.S. Rep. Bill McCollum asking for his help getting the company its first permit.

The land that McCarthy and Fickett picked to become their first wetland mitigation bank was an odd choice: Most of it wasn't wet.

The Lake Louisa Mitigation Bank mostly consisted of sandy hills covered with orange groves. The land is good habitat for sand skinks, not frogs or fish.

More than 90 percent of the wetland credits that the state granted for the bank are for improving the dry land, not for anything that helps wetlands.

"It really had very little to do with wetland restoration," said Dennis Benbow, a rival banker whose company now markets the credits for Lake Louisa.

Fickett said state regulators steered them toward the Lake Louisa site because it was land the state had been trying in vain to buy. To get it done, the state was willing to make a deal with onetime wetland violators.

"Basically they asked us to work as, in essence, their partner on a private basis, to see if we couldn't acquire those lands that they wanted and put them in conservation," Fickett said.

The company's second bank, the East Central Florida Mitigation Bank in Volusia County, had a similar problem: Nearly half the state credits are for saving dry land.

Getting its state and federal permits for both banks, Ecobank argued that the number of credits should be boosted because it would be a vital link among other conservation lands, including what was to become their third Florida bank.

Ecobank was granted its extra credit - but the bank never happened.

For its third bank, Ecobank promised to convert the Lee Ranch by tearing down levees along the St. Johns River and flooding the property. The only problem: Inundated land belongs to the state, which would mean Ecobank couldn't claim it for selling credits.

In 1997, Fickett and Henry Dean, a friend of McCarthy's and the head of the St. John's River Water Management District, stood before Gov. Lawton Chiles and the Cabinet to try to cut a deal: Let Ecobank make Lee Ranch a mitigation bank, and the state would share in the credit-sale profits. Of course, Ecobank intended to sell most of the credits on the state-owned land to a state agency, the DOT.

Fickett told Chiles and the Cabinet that he was tired of negotiating: "I have to tell you, Governor, this is the gol-darnedest, most frustrating process I have ever been through.

"We're trying to help you. ... You've got a program like this, it doesn't take anybody with an IQ much above room temperature to understand how good it is."

"You're right, maybe, on your argument of the temperature of the brain capacity of most of us up here," said Chiles. "It's pretty cold today, and I'm a little frozen up myself."

Chiles and the Cabinet refused to go along with Ecobank's proposal on Lee Ranch. McCarthy tried for years to revive it. But it remained the deal that got away. Meanwhile the company's overhead costs piled up.

"They hired the best and the brightest team," Benbow said. "The payroll was $100,000 a month. They dug this giant freaking hole."

When it came to filling the hole, Benbow said, "They had a sort of a Ken Lay idea about what you do."

* * *

In an odd twist, Ecobank didn't own the Lake Louisa property. It belonged to a trust fund set up to benefit McCarthy's children.

Looking for an infusion of cash, McCarthy had his children's trust sell it to a New York investment fund called Da Capo al Fine Inc. for nearly $2-million. Da Capo became Ecobank's joint venture partner - a move Da Capo's attorney, Howard Seitz, said the fund came to regret.

"Nothing in this whole transaction is not a mess," Seitz said.

Because mitigation banks are supposed to be preserved as undeveloped forever, Florida law requires bank owners to set up a fund for their long-term maintenance. Ecobank had been putting aside thousands of dollars from each credit sale to build its maintenance fund.

But once Da Capo came on board, McCarthy persuaded Seitz to put up a letter of credit for the full amount, more than $600,000. All the money that Ecobank had set aside was plowed back into paying the bills, McCarthy said, including his annual salary of more than $300,000.

Competing with other banks to make sales, Ecobank sometimes slashed its prices below what would bring a profit.

"Miller and Fickett sold credits for $12,000 when the market was $22,000," Seitz said. "They combined arrogance and," Seitz paused, "it was just mind-boggling."

* * *

Ecobank's original business plan, according to Seitz, made sense: "You pursue small deals to cover the overhead while you were hunting elephants."

But Seitz said McCarthy quit pursuing the small deals and became obsessed with trying to land monster deals with state and local government agencies.

The state became Ecobank's best customer, mostly to make up for road-building projects. Dean's agency spent more than $2-million buying credits from Lake Louisa to make up for the wetlands destroyed to build a new expressway.

But the East Central Florida bank needed help. So Ecobank hired locals with clout: the chairman of the Seminole County Commission, Randy Morris, and the head of the local GOP, Jim Stelling.

Sure enough, four days after signing the contract, Morris and Stelling persuaded the chairman of the Sanford Airport Authority to renege on a deal with a competitor and steer the airport's business to the East Central Florida bank. After that deal, the airport authority chairman, Ken Wright, became a paid salesman as well.

Seitz said McCarthy was "a big target" for all the politicians who had their hands out to collect commissions from Ecobank. McCarthy said he did feel a little victimized, "but no more than I do for all those who sell Girl Scout cookies."

Meanwhile, Morris and Stelling hunted elephants for Ecobank. To aid Ecobank, Stelling testified, "we traveled to Tallahassee. ...We met with the assistant secretary of transportation. We met with the chairman in Tallahassee of the Transportation Committee. We met with the chairman - no, the counsel - of the (Orange-Orlando) Expressway Authority. ...We met with a lot of people and a lot of developers, which we both came in contact with on a daily basis."

In two years, Ecobank paid Morris and Stelling more than $48,000 for helping its East Central Florida sales - but it wasn't enough. Thanks to a tip from Wright, the two politicos discovered they had not been paid for some sales they believed they helped land.

Furious, they sued. Five years later, they settled. The payout: $92,000.

* * *

The company's one big success was a bank started in North Carolina by George Howard, a former U.S. Senate aide. Its one deep-pocketed customer: the North Carolina DOT.

But Howard soon quit because he could see Ecobank was going into the red. "I could see the beginning of the end."

By 2003, credit sales in Florida had slowed to the point that Ecobank stopped sending Da Capo its share of the take. The checks would be signed but not mailed.

Meanwhile, McCarthy had a disagreement with the people who owned the land under the East Central Florida bank, and they sued. He and Da Capo, which owned Lake Louisa, got into a legal wrangle. Ecobank was now feuding with both of its landowners.

The last straw came when McCarthy failed to pass on to Da Capo a $175,000 check from the North Carolina DOT.

"He took that dough and he paid 50 grand to his bankruptcy counsel," Seitz said. "The rest, I guess they used it for operations, paid the rent and so forth. And then he filed for bankruptcy."

On June 25, 2004, Ecobank filed for Chapter 11. McCarthy followed suit in October, listing among his assets a $2.8-million home, a $200,000 villa, a 20-foot Regal Destiny boat, a 2001 Chevrolet Tahoe and a Jet Ski. McCarthy reported loaning Ecobank $956,000 and said he was owed $116,000 in back salary.

Though Ecobank's Chapter 11 filing jeopardized the operation of both mitigation banks, no one notified state and federal regulators. The state figured it out after two months, but federal regulators failed to notice anything amiss for more than a year.

The Chapter 11 proceedings were heated. Da Capo lawyers called Ecobank's plans to get out of debt a "fantasy" that only a child at Disney World might buy. During McCarthy's deposition, he swore at an attorney and threatened to walk out.

When the case settled last January, Da Capo took possession of everything Ecobank once owned, including the two Florida mitigation banks and the name of the company.

East Central Florida Mitigation Bank has since been sold to the state for preservation. Lake Louisa still hasn't been completely restored after 10 years. Da Capo hired Ecobank's archrival, Benbow, to help sell its credits.

These days other mitigation bankers are reluctant to talk about Ecobank. Its failure shows everything that can go wrong with mitigation banks, including financial mismanagement, lax regulatory oversight and relying on political influence rather than providing environmental benefits.

"They are the real bad apple of the bunch," said Sheri Lewin of the National Mitigation Banking Association.

To Stutler, who now heads the Florida DOT, Ecobank was simply ahead of its time. "When you're really changing the way people view mitigation and you're shifting the paradigm, you have to give it time to shift."

McCarthy says Ecobank was the best mitigation banker ever in Florida, with environmental results he called "unequaled." Now he and Fickett are mulling their next big project.

"We're still looking at other mitigation options here in the state of Florida," Fickett said. Asked if that included starting another mitigation bank, he replied, "You never can tell."

Wildlife refuge staff is reduced

By BARBARA BEHRENDT, Times Staff Writer
Published December 18, 2006

CRYSTAL RIVER - Jim Kraus knows about trying to do more with less.

As manager of the sprawling Chassahowitzka National Wildlife Refuge Complex, Kraus and his staff are responsible for managing five wildlife refuges spread over 31,000 acres stretching from Pinellas County up through Crystal River.

In that wide-ranging job, he must protect two of the highest profile endangered species around: the manatee and the whooping crane.

On any given day, that might mean his sole law enforcement officer might be enforcing manatee sanctuaries in Kings Bay, or he could be building the pen that holds the whooping cranes during their winter at Chassahowitzka.

Running the refuge complex means staffing the office on Kings Bay Drive, providing public education about the refuges and their diverse wildlife, talking to dive shops about their important role protecting manatees, and keeping a handle on all aspects of the habitats the refuge complex protects.

The job is soon going to get even harder.

As part of the U.S. Fish and Wildlife Service's Southeast Region's effort to tighten its belt, Kraus will lose a staff member.

In this case it will be Sarah Palmisano, who has been a jack-of-all-trades at the refuge office for the past several years.

She has most recently been the acting assistant refuge manager. But she has done most of the other office jobs, and her co-workers see her as their technical go-to person, as well as the one staff member who can get all things with a deadline done in time.

The cut brings the full-time staff to just nine.

Across Florida, the fish and wildlife service plan includes 21 cuts in staff including biologists, rangers, ecologists and administration employees.

"There are going to be a lot of empty chairs" around the refuge system, Kraus said.

While Kraus does not know yet specifically what services might evaporate because of the staffing cut, he said that everyone left will just have to do more.

"It's only going to get worse," Kraus said. "It all translates into what is not going to get done."

Refuge meets reality

The Chassahowitzka complex operates on a budget that has fluctuated from about $800,000 to $1.4-million, Kraus said.

The refuge has been criticized for failing to protect manatees by not enforcing existing rules. But Kraus has just the one law enforcement officer.

Others have argued that new manatee protections aren't needed in the area; rather, education will fix any problems with manatee harassment.

But education programs might be on the chopping block, as well.

"Things have been fairly lean to begin with," Kraus lamented. "Now we're going to have to adjust to the harsh reality."

While Kraus takes the deep breath and tries to sort out how all the work will get done, those in his support organization, the Friends of the Chassahowitzka National Wildlife Refuge are itching to find a way to make it better.

They recently contacted U.S. Rep. Ginny Brown-Waite, R-Brooksville, seeking her help.

Last week that help came - in the form of a letter signed by Brown-Waite and seven other members of Florida's congressional delegation.

They urged Secretary of the Interior Dirk Kempthorne to up the funding for Florida's wildlife refuges.

The letter details what will be lost in several refuges across the state, noting harm to both the manatee protection in Crystal River and the whooping crane project in Chassahowitzka.

The letter also explains that cutting the budgets of refuges hurts the community. A recent study showed that every dollar spent on Chassahowitzka, generated $7 in recreational expenditures in the local economy.

"Because of major funding shortfalls for staff, our refuges are no longer able to support their most basic mission," the letter states. "Without adequate funding for our refuges, the wildlife that depend on these important habitats and the public that values these treasures for recreation and education will suffer."

More discussion urged

With the same kinds of cuts planned in other regions of the country, other support organizations also have jumped into action.

When groups in New Jersey asked for help from their congressional delegation, the letter that request generated was not as diplomatic as the one signed in Florida.

There, the congressmen said, "we believe that the Department of the Interior is perilously close to abrogating its responsibility under the National Wildlife Refuge System Administration Act of 1966 and National Wildlife Refuge System Improvement Act of 1997.

"By law, the Department of the Interior is charged with administering the National Wildlife Refuge System. But the lack of staff and resources for our refuges will make this duty impossible to fulfill."

That strongly worded letter has generated considerable discussion about the funding crisis in New Jersey and local refuge supporters hope Brown-Waite's letter can do the same for Florida.

This area, in particular, cannot afford a smaller refuge staff, according to Jim Green, past president of the Friends of Chassahowitzka.

The refuge system has never provided special funding necessary to pay for important pieces of both manatee protection and crane projects, according to Kraus.

"The problem is very real. This will likely affect manatee protection in Kings Bay with one less employee," Green said. "And the whooping crane project, this has been the jewel of man's attempt to save an almost extinct species."

Funding for flights

John Peterlin, secretary of the Friends, said that Kraus is so short-staffed that he cannot even allow the organization's members to help out with projects because there is no one to provide required limited supervision.

"It ties our hands," Peterlin said.

One area where Kraus is especially strapped is in funding for aerial surveys that are conducted every other week to count manatees and identify where they congregate.

"It boggles my mind that the refuge system can't afford aerial flights," Green said.

The agency told Kraus he had to continue the flights but they wouldn't pay for them, Peterlin said.

"So he robs Peter to pay Paul and Peter is broke," he said.

In the past the Save the Manatee Club helped with those expenses but that was before the club sued the fish and wildlife service for failing to adequately protect the endangered marine mammals.

Green said the Friends have vowed to begin a fund to help pay for the flights.

During a meeting Kraus conducted last week with both Manatee Watch volunteers and dive shop operators, some in the business community talked about possibly finding ways to help with those survey costs, according to Mary Craven, the county's tourism development manager who attended the session.

"There was a lot of interest there," she said.

Green said he would be following up on that interest and "shaking all the trees" to see what other individuals, grants or businesses might be able to help.

Peterlin said he knows that others in the community want to help too.

He said the Friends encourage them to contact their congressional representative and urge a strong push to give refuges the resources they need.

Barbara Behrendt can be reached at 564-3621 or behrendt@sptimes.com.

Suncoast Parkway 2 Web site to get overhaul

By Terry Witt

The never-completed Suncoast Parkway 2 federal environmental study has died, and its former Web site will soon meet the same fate.

Florida Turnpike Enterprise officials announced in their December Suncoast 2 newsletter that the Web site will be discontinued Dec. 31, along with the toll-free information line.

The closing of the Web site is related to FTE’s decision to halt its federal Project Development and Engineering (PD&E) study. The study was stopped at the conclusion of a lawsuit that delayed it for two years.

The agency instead has dusted the cobwebs off an approved 1998 PD&E study that was never used, but the change of studies has made some of the information on the old Web site outdated.

There is no longer an Environmental Resource and Regulatory (ERRAG) group or a Suncoast Parkway Advisory Group (SPAG), and the old project schedule and alternative alignments map are no longer relevant.

Messages posted on the home page of the Suncoast 2 Web site say project activity is to resume soon, that the federal aid study was discontinued and the 1998 state-funded PD&E study is to be re-evaluated.

A new version of the Web site will be developed as the next stage of the project begins, according to FTE.

Much of the uncertainty about Suncoast 2 surrounds the potential route through western Citrus County. The four-lane toll road will pass through two conservation areas — the Lecanto Sandhills and Annutteligia Hammock — and may impact a number of subdivisions.

The old corridor map produced by FTE shows the 10 possible routes for the 26-mile toll road. The map is posted in the Lecanto Government Center and shows the subdivisions that would have been impacted.

In the latest Suncoast 2 newsletter, the old corridor map has been replaced with a color map showing the approved route for Suncoast 2 from the 1998 study, but it lacks enough detail to see subdivision plat lines or individual properties.

Hurley said that is no accident. She said the entire route must be re-evaluated to determine what has changed since 1998. She said some portions of the route may have to be tweaked. She said engineering teams will be hired to evaluate the entire route. Residents will begin to seeing those teams in the field.

“There’s no point in putting out a map like the one you see in the Lecanto Government Center until we know exactly where the road is going,” she said. “We may have to tweak it a little to the left or the right.”

The tentative schedule for the 1998 project re-evaluation indicates the beginning of “design re-evaluation” will begin in the summer of 2007 and a public information meeting will be scheduled for the winter of 2007.

In the spring of 2008, the schedule indicates 30 percent of the design will be complete along with the re-evaluation. A public hearing is will take place in the winter of 2008, and the final feasibility analysis in the spring of 2010.

FTE indicated it probably won’t return with answers to the questions posed by Citrus County commissioners until mid-to-late 2008, when the design is expected to be 60 percent complete.

Couple split over sinkhole risk

DAVID DeCAMP
Published December 18, 2006

BAYONET POINT - If Tom and Lois Beaudrie still lived in Michigan, fixing the 31/2-inch depression near his orange tree would be easy.

Fill it in with dirt and move on.

But this being Pasco County, they had to fix it with at least $60,000 in repairs because of sinkhole activity cited by engineers this year.

Fortunately for the Beaudries, their Citizens Property Insurance Corp. policy covers the costs for repairs going on at their Beacon Woods home.

But a proposal by Citizens would eliminate sinkhole coverage in base policies starting in March. Citizens officials will argue for the change during a 5 p.m. hearing today in New Port Richey.

Customers would have to pay more for sinkhole coverage, or accept that only a catastrophic collapse of at least 5 feet within seven days would be covered.

Less serious sinkhole damage, like the kind the Beaudries have, would be covered only if homeowners paid for the additional insurance.

And that risk leaves the Beaudries divided.

Lois Beaudrie, 62, said she favors dropping coverage as long as the house is repaired right.

After all, their $2,000 annual premium could be halved next year if their home qualifies. But her husband questioned going without coverage.

"Under those guidelines, no, I would not drop it, even if it would save 50 percent," said Tom Beaudrie, 65. "I'm a gambler, but I'm not that big of a gambler."

For Pasco, the state capital of sinkhole claims, the change could save money - a 56 percent lower bill for most homeowners.

Hernando County, which also has many claims, could see a 43 percent drop. Other areas of the Tampa Bay region and the state would see smaller savings.

Pasco officials have embraced the proposal, saying it's much-needed rate relief.

State Rep. John Legg, R-Port Richey, wants to change state law to allow private insurers to follow Citizens' lead.

Reform advocates with Homeowners Against Citizens say it merely shifts the risk to homeowners, benefiting the insurers.

"If they make sure that people understand they're not going to have the coverage, it's okay," Tom Beaudrie said. "But some of the older people, they're going to see the lower rates and take it."

Five years ago, the Beaudries moved from Michigan to be close to Tom's brother and to seek sunshine and salve for Tom's ill health. After a bad experience in a rental house, they said, they bought their home for $71,000 in December 2001 from Rent to Own Pasco Inc.

The company had acquired the home five months earlier, according to property records.

A home inspector gave them no reason to worry, they said. And even if other signs were there?

"We were so green, we didn't even know what a sinkhole was five years ago," Lois Beaudrie said.

But in February, they found the depression.

In June, Rimkus Consulting Group - hired by Citizens - inspected the home. Engineers bored into the soil. They used ground penetrating radar.

According to the Rimkus report, filed with the county property appraiser as required by law, many of the cracks in the walls and around the windows were because of age.

Some structural damage and settlement were attributed to a foundation that wasn't deep enough. But the boring showed that sinkhole activity underground was a "contributing cause."

The report recommended at least 24 injections totaling 200 cubic yards of grouting under the house, costing about $52,000.

Contractors ended up injecting 270 cubic yards in October, Tom Beaudrie said, costing as much as $88,000.

An additional $11,000 worth of interior and exterior repairs are needed, too, he said. And the couple said they have no guarantee against future sinkholes.

But by and large, the Beaudries said, they are happy with the 10-month process.

And with how their sinkhole coverage works today.

David DeCamp can be reached at 727 869-6232 or ddecamp@sptimes.com.

If you go

What: A hearing on making sinkhole coverage optional for homeowners insurance policies with Citizens Property Insurance Corp. Experts and the public will speak.

Where: Spartan Manor, 6121 Massachusetts Ave., New Port Richey.

When: 5 p.m. today.

Motion Of The Ocean

Published: Dec 18, 2006

TAMPA - A perpetual motion machine is the stuff of fantasy, but clean, renewable energy sources are within the grasp of societies that marry science, industry and economics.

Inventors have dreamed and schemed for decades of tapping power from the ocean, yet nobody has come through with a practical plan. That's the hope of a Florida project that will test the waters on a way to generate electricity from Gulf Stream currents.

Researchers at Florida Atlantic University in Boca Raton are developing an underwater energy farm that employs a network of turbines secured to the ocean floor. As strong currents turn the turbine props, spinning magnets create electricity and send it to a power plant along the shore.

"The concept is you have turbine blades in the flow of the ocean, much like turbines that harness the wind," says engineer Rick Driscoll, director of the Florida Center for Excellence in Ocean Energy Technology, a research arm of the university.

"Ocean currents are much slower than the wind, but water is 700 to 800 times denser than air."

The turbines will be anywhere from five to 40 miles off the Southeast coast, where ocean currents are robust and reliable. Anchored to the bottom and suspended about 300 feet below the surface, each corrosion-resistant turbine will include a rotor 120 feet in diameter.

"Everything will be underwater except a few surface buoys," Driscoll says. "There will be inherent challenges in putting something that big in the ocean because you want it to be a long-duration thing."

The system won't produce carbon dioxide emissions, create surface noise or be seen from shore. Because the high-torque, low-rpm rotors spin slowly, they aren't expected to hurt fish or other marine life.

If the prototype works - and clears an environmental impact assessment - the immediate aim is to produce electricity for Florida's power grid, at the same time creating a revenue stream. In the larger picture, Driscoll says, the turbines could create electricity to make a fuel for the future - hydrogen - pumped back to an offshore loading station for ship transport to other markets.

"Right now, hydrogen is produced from coal or oil, so there's a net gain in pollution," Driscoll says. "We want this to have a positive environmental impact."

Florida Atlantic will use $5 million toward getting the project off the ground and in the water. Incentive comes from Florida's rapid growth - and a possible energy crisis. In-state energy production currently is less than 1 percent of consumption, forcing residents to rely heavily on imported sources.

Experts estimate a 30 percent increase in energy use in the next 10 years, with demand growing to 76 percent by 2030.

Florida Atlantic's plan isn't the only new energy proposal in the works: Last week, Progress Energy Florida selected a site for a potential new nuclear plant in Levy County.

Reporter Kurt Loft can be reached at (813) 259-7570.

An Acceptable Drilling Bill

Published: Dec 18, 2006

Some environmental groups are riled up by congressional approval of expanded offshore oil and gas drilling in the Gulf of Mexico. The measure poses some risk. But it also provides strong safeguards for Florida's coast and overall represents reasonable balance of the nation's energy and conservation needs.

It's revealing that industry lobbyists are unenthusiastic about it. They favored the House's indulgent plan, which would have allowed drilling as close as 50 miles from Florida.

In contrast, the Senate plan, developed by Sens. Bill Nelson and Mel Martinez, established a minimum 125-mile buffer for Florida. Off the west coast, the buffer will be 235 miles because military flight training is conducted there.

The Senate plan also called for increased royalty payments to coastal states to help fund the restoration of Louisiana's coastal wetlands.

The pro-industry House demanded concessions, but Nelson and Martinez held firm and the House finally adopted the Senate version.

Perhaps a new Congress would have adopted an energy bill that did more to encourage conservation. But increased drilling in the Gulf, supported by many Democrats, is inevitable. And with the right precautions, it is no tragedy.

The country cannot abruptly eliminate its dependence on oil. The adopted bill opens 8.3 million acres far offshore that should boost the nation's energy supply while maintaining coastal safeguards. That seems a reasonable compromise

Annual bird count keeps track of all things winged

TOM MARSHALL
Published December 18, 2006

BROOKSVILLE - If you want to see birds, you've got to find water.

And as development leaves its mark on Hernando County, more and more of those water sources are crafted by human hands.

So it was that some of the county Audubon Society's keenest birders found themselves traipsing behind Brooksville Regional Hospital on Saturday for the 107th annual Christmas Bird Count, a national effort to keep track of all things winged.

Retention ponds built behind the hospital were stocked with native plants, and have proven to be a magnet for birds, said team leader Mary Dowdell.

"It's a tough time right now because it's been a dry spell, so a lot of our wetlands have dried up," she added, without making eye contact.

On this day, all eyes were skyward.

"There's a whole bunch of warblers," called out longtime birder Mike Wollam, scanning the tree line across a brambly field.

"Any other warblers besides the palm warbler?" asked his wife, Sheila, the group's scribe.

"Not yet," he replied, quickly adding three goldfinches and a bluebird to her list. "Whoa, a downy woodpecker just flew in!"

In years past, the national bird count has helped the federal government to gauge the impact of West Nile virus and other maladies upon bird populations. The Hernando teams routinely spot more than 100 species during the single-day inventory.

Dowdell started her day at 6:45 a.m. looking for owls. Before the day was done, she and the group would crisscross their zone in south central Hernando, from State Road 50 down to Powell Road.

They would see sandhill cranes by the squadron, plus cormorants, grebes, killdeer, kingfishers, a bald eagle and many other species - don't call them countless, not today - on a pristine lake off Griffin Road.

Fourteen lounging anhingas observed their observers, lazily draping their black wings across the branches of a single tree.

But the group would also spot avian friends in much closer proximity to human neighbors, like the Louisiana or tricolor heron observed picking its way past a new housing development.

"Do you guys want to meet us at Wal-Mart and you can check out that retention pond?" Dowdell asked, as the group hurried to its next rendezvous.

The watchers, like the birds, adapted to their changing environment.

Tom Marshall can be reached at tmarshall@sptimes.com or 352 848-1431

Python hunters try to reclaim Everglades EVERGLADES NATIONAL PARK - ''SNAKE!''

Hearing this shout, Skip Snow slammed on the brakes. When the off-roader plowed to a halt, he and his partner, Lori Oberhofer, leaped out and took off running toward two snakes, actually - a pair of 10-foot Burmese pythons lying on a levee, sunning themselves.

Snow, a wildlife biologist, grabbed one of the creatures by the tail. ''It made a sound like Darth Vader breathing,'' Oberhofer says, ''and then its head swung around and I saw this white mouth flying through the air.''

Snow saw the mouth, too - the jaws open 180 degrees, the gums an obscene white, the needle-sharp teeth bared in an almost devilish grin. He let out a shriek, then blinked, and when his eyes opened the python's head was hanging in mid-air, less than a foot from his own.

Oberhofer, with a Ninja-like thrust, had snared the python in mid-strike.

''I snagged it right behind its head, on its neck,'' the 43-year-old wildlife technician recalls. ''It was pure reflex - a defensive move. I don't know if I could ever do it again.'' The python hadn't succumbed yet, however. ''They defecate on you, on purpose, hoping to make you reconsider what you're doing,'' Oberhofer says. ''It's not pleasant.''

In the end, the humans were victorious, if not sweet-smelling: Both snakes were bagged, trucked off to the Everglades Research Center, euthanized and necropsied - meaning their innards were dissected, then meticulously inspected, for the benefit of science.

So goes python control in the Everglades, a painstaking, around-the-clock slog against a voracious, foreign snake species that has established a stronghold in this watery wilderness and put native wildlife at risk.

Critters that pythons find most delectable - raccoons, possums, muskrats and native cotton rats - are already under attack, as are birds such as the house wren, pied-billed grebe, white ibis and limpkin. Scientists also worry that these slithery giants - which have been known to grow as long as 26 feet - may soon start to feast on native species whose survival is in doubt.

''The Everglades doesn't work by itself anymore,'' says park ranger Leon Howell, 58. ''This whole landscape has to be managed today: water, fire, exotics - you name it.''

Which explains the evolution of Snow and Oberhofer into a human firewall against non-native exotics. Without them, Howell figures, ''there'd be pythons all over the place.''

A decade ago, Snow and Oberhofer spent their days reintroducing rare, native birds to the pinelands and monitoring ''indicator'' species, such as wading birds, alligators, bald eagles, panthers. Then, in the late '90s, pythons began turning up.

Pet owners were releasing their giant, unwanted snakes in and around the park. But convincing the public that pythons are a danger to this otherworldly mosaic of marshes, sloughs, marl prairies and shadowy hammocks was, and still is, a tough sell. Perhaps that is because of the Everglades' primeval nature. Truly: Where else in North America can the visitor find crocodiles, manatees and rainbow-colored tree snails, roseate spoonbills and ghost orchids, towering royal palms and gumbo limbos? Here, biblical clouds of mosquitoes can turn a white off-road vehicle black within seconds. Waterlilies can perfume the air for miles.

At night, the beam of a lamp through a marsh often catches the eerie, ruby shine of a lurking alligator's eyes.

Yet, as vast and threatening as these wetlands may appear, they have been so drained and abused by humans in the last century that a population of pythons, if left unchallenged, could take down this fragile web of life within a generation.

''It's a now-or-never thing,'' Oberhofer says. ''We still have a chance, with the python's numbers being so limited, to do something. But if we let this go, we don't know how far the pythons will migrate, how much they will reproduce.''

One thing is certain, Snow says. ''They'll eat just about everything that's warm-blooded.''

Three years ago, a party of bird-watchers walking along the eastern Everglades' Anhinga Trail stumbled upon a death match of super predators - python versus alligator. The gator, it appeared, had the upper hand: Its jaws, capable of a bite pressure of more than 3,000 pounds per square inch, were clenched on the snake, and for hours the gator carried its prey about, waiting for the python to go limp.

But it didn't; after nearly 30 hours the python wriggled free of the alligator's jaws and swam off into the high grass. ''We looked for buzzards feeding on a snake carcass,'' Snow recalls, ''but we never found any.''

That a python could survive a gator attack was a red flag, and it was soon followed by others.

In February 2004, tourists at the Pa-hay-okee Overlook watched, stunned, as a python wrapped itself around an alligator, which countered by rolling over and grabbing the snake in its mouth and swimming off. And then, last fall, the carcasses of a 13-foot python and a 6-foot gator that had squared off were found later floating in a marsh, the gator's tail and hind legs protruding from the split-open gut of the python.

''Sometimes,'' says Snow, ''pythons swallow things they shouldn't.''

The Burmese python, one of the six biggest snakes, does not possess fangs and is not venomous. Rather, it is a sit-and-wait ambush hunter of the first order. Typically, it bites prey with six rows of needle-sharp, back-curving teeth, which dig deeper when its target tries to pull away.

It then coils itself around its victim, squeezes the life out of it, and swallows it whole. Its stomach acids quickly dissolve even bone, Snow says.

In the wild, pythons often reach 20 feet in length, weigh more than 200 pounds, and grow strong enough to overpower a grown man. Hinged jaws, in fact, enable the snake to open its mouth wide enough to accommodate humans. ''Once they reach 8 to 9 feet in size,'' Snow says, ''you don't want to be alone with a python.''

Native to Southeast Asia, the Burmese python - Python molurus bivittatus - has come to the Everglades by way of the burgeoning, global trade in exotic pets, creatures of many kinds shipped to America legally and distributed through pet shops and flea markets. Today, Americans may own 22 of the 24 python species that exist.

Since 2000, slightly more than 1 million pythons have been imported by the United States for commercial sale; nearly half are shipped to Miami, the U.S. Fish & Wildlife Service says. Python hatchlings, which can cost as little as $20 at a flea market, tickle armchair herpetologists. ''They're so darling when they're tiny,'' Oberhofer says. ''Later, the big attraction at home is being able to watch your python kill something - like a rat - and gobble it whole in its tank.''

Soon, however, the python gets bigger than the kids. (Pythons, fed a steady diet of mice, squirrels and rabbits, grow 6 to 8 feet, or bigger, within a year.) When this happens, owners try to sell or give away their pets but cannot find them new homes. Unwilling to euthanize their beloveds, many release pythons into the wild, unaware of the ecological havoc they may bring.

Which brings to Oberhofer's mind a story about Guam, where she once worked with other biologists.

''Two exotic species were introduced there,'' she says, ''the brown-tree snake and a little lizard that the snake liked to eat. Well, the lizards multiplied like crazy, which meant that the brown-tree snake had so much to eat it proliferated'' - and consumed many other species.

Today, Guam's forests have gone silent, she says. ''The brown-tree snakes ate the native birds and bats to extinction. Those birds are found only in zoos now.''

One recent afternoon, Snow took a visitor into a field of chest-high cane grass to check on his latest invention: a 2-by-4-foot, steel-mesh trap fashioned especially for pythons. The trap had wide, PVC tubes on both ends (entrances for the big snake) and a cage within the cage holding a rat - python bait.

But there was no python.

''It hasn't worked very well. We haven't caught any pythons with it yet - just small, native snakes.'' Snow adjusts his cap, frowns, then gazes across the field, still but for a lazy breeze rustling the high grass. The stillness doesn't fool Snow.

''I've walked right by pythons and not even known they were right next to me,'' he says. ''Most times, you can't see the enemy until you stumble across it.''

Crunching his way back to the off-roader, eyes darting this way and that, he described tactics to control pythons. One idea, recommended by snake management experts, has produced results: implanting captured pythons with radio transmitters and releasing them into the wild to track their movements, habitat use and breeding patterns - and to betray the locations of other pythons.

''It's all based on the Judas concept,'' Snow said, noting that four ''tagged'' pythons had led to the capture of 12 others through October and that three more pythons with transmitters have since been released.

Snow suspects that female pythons lay down trails of chemical scent ''cues'' for suitors. If scientists could develop synthetic cues, he says, the chemicals might be used to draw pythons into one of his traps.

By Snow's count, 154 pythons have been removed in and around the Everglades through the first 11 months of this year, up markedly from the 95 pythons caught in all of 2005, 70 in 2004, and 23 in 2003. Does it mean pythons are multiplying at a faster rate? Or is it that the python detectives are just more effective at nabbing them?

Snow won't say - and he'd rather not hazard a guess at how many pythons are living, or breeding, in the Everglades.

Most of the caught pythons are euthanized because of the threat they pose to at-risk native species such as the mangrove fox squirrel, the wood stork and the endangered Key Largo wood rat. Pythons may also be competing for space with the threatened Eastern indigo snake.

And so, the python detectives muck about limy marshes and brackish ponds by day and cruise the main park road after sundown.

On a recent nocturnal patrol, Snow is crawling along Route 9336 near Nine Mile Pond, the off-roader's headlights catching the occasional heron or white ibis, when, suddenly, he hits the brakes, grabs his 4-foot ''snake tongs'' and hops out into a gathering of flies.

On the blacktop, in a cone of light thrown by Snow's headlamp, lies a rattlesnake, a four-footer. It doesn't budge.

''Ah,'' Snow grunts, lifting the rattler with the tongs and slinging it off into the bush. ''Roadkill.''

Vehicles strike pythons sometimes, too, but bodies are rarely found. Do they survive? Do they go so deep undercover that scavengers don't find them? ''Just another thing we don't know about the enemy,'' Snow says.

He trains his gaze to the west, looking for something other than the spiked grass silhouetted against a moonlit sky. Pythons need not be seen to make this landscape creepy.

The creepiness comes with knowing they are out there, somewhere.
Rising tide of invasive, exotic species

By TODD LEWAN
AP National Writer

In the United States and around the world, invasive species are a major cause of species endangerment and extinction, second only to habitat loss.

In recent years, thousands of nonnative animals and plants have entered the United States. Roughly half of the native animals and plants on the U.S. endangered list are at least partly threatened by these invaders, according to the U.S. Fish & Wildlife Service.

Dale Hall, the agency's director, puts invasive species as the No. 1 environmental threat to the United States today. Exotics, he says, "can push out native species, alter habitats, transmit foreign diseases and parasites, and cause food-chain disruptions."

The expanding, global trade in exotic animals as pets only feeds the problem.

In 2005, there were more than 210 million animals imported to the United States for zoos, exhibitions, food, research, game ranches and pets. The imports included 203 million fish, 5.1 million amphibians, nearly 1.3 million reptiles, 259,000 birds and 87,991 mammals.

Only wild birds, primates and some cud-chewing wild animals are required to be quarantined upon arriving in the United States. The rest slip through with no disease screening, except for occasional Agriculture Department checks for ticks.

Since 2000, slightly more than 1 million pythons of varying types have been imported by the United States for commercial sale, the Fish & Wildlife Service says. Nearly half of those imports are sent to Miami International Airport, which receives dozens of foreign shipments a day.

Once nonnative species get loose in the wilderness, it costs a lot to control them, and even more to eradicate them. According to a 1999 Cornell University study, the United States spends on average $137 billion a year trying to limit damage done by invasive species.

Put food safety at the top of the menu

A Times Editorial
Published December 18, 2006

Like a plot from a horror movie, the thing that is supposed to make people healthy instead sickens and kills them. Only it's really happening in the United States in the form of foodborne illness, increasingly from fresh vegetables.

That's what killed a 2-year-old in Idaho earlier this year when his mother added spinach to his smoothie drink. The spinach was contaminated with a particularly virulent strain of E. coli bacteria that showed up again recently in ingredients (most likely lettuce) used by some Taco Bell restaurants. In all, 5,000 Americans die and 76-million are sickened each year by foodborne illnesses.

How can it happen in a society as advanced as ours? The answer seems to come down to careless farming and production practices and inadequate federal oversight.

In the recent spinach scare, which left three dead and 200 ill, the suspect produce came from a California grower whose fields were close to cattle operations where the deadly E. coli 0157:H7 strain was present. Clearly that is not good farming practice, yet such decisions are left up to individual growers.

Major food-safety regulation is split between two federal agencies, though not in a particularly sensible way. The U.S. Department of Agriculture, for example, is responsible for inspecting meat processing plants and visits each one daily. The Food and Drug Administration oversees vegetable processing, yet it visits each facility only once every five years on average. The FDA is understaffed and underfunded to carry out its food safety role.

Neither the USDA nor the FDA has the authority to order a food recall when a threat is discovered, although the food industry usually does so voluntarily. And while the Centers for Disease Control and Prevention gathers valuable information about outbreaks of illnesses linked to tainted food, states are not required to report such matters to the CDC.

The fixes to this growing threat aren't that mysterious. A study by the Center for Science in the Public Interest, called "Outbreak Alert! Closing the Gaps in Our Federal Food-Safety Net," recommends two general areas for improvement. Require all states to follow national standards for tracking and reporting disease outbreaks to the CDC. Put food safety regulation under a single, independent agency that is properly funded to carry out its duties.

That's certainly a good starting point for Congress, which in the past has been too much influenced by the food industry to take meaningful action. Too many Americans already have died after the seemingly healthy act of eating fresh vegetables for lawmakers not to feel a sense of urgency.

Ordinance Troubles Landowners

Published: Dec 17, 2006

When Todd Caroline gave Pasco County his plans for a small office complex on U.S. 41, the county gave him a list of things he would have to do to get his project approved.

That roster ranged from what kind of landscaping to plant to how many parking spaces he should have. The county also demanded Caroline give up 43 feet - about 40 percent of his property - for a potential widening of the six-lane highway.

Caroline fought back, saying the right of way requirement dramatically limited what he could do with his .29-acre property. He's still fighting the county's demand that he connect to neighboring properties.

"The government regulation on that property is overwhelming," Caroline said last week.

Caroline was one of the first developers forced to contribute to the county's year-old land bank aimed at easing road construction. The county rule that created the bank draws lines down both sides of every county- or state-owned road in Pasco, setting the boundaries for future lanes.

Critics say the county's right of way demands break the law by taking private land for public use without paying for it. County officials say the set-aside rules save the county millions of dollars on future road projects.

"Unfortunately, right-of-way acquisition is one of the biggest impediments to road construction," Commissioner Ted Schrader said. "Anything we can do to expedite that is in the best interests of the citizens of Pasco County."

Since the rules went into effect, the county has received more than a dozen requests for exemptions.

Initially, the county rejected those exemptions outright. Lately, however, the Development Review Committee has softened its stance, letting developers plant landscaping temporarily in land set aside for road expansion.

By softening its position, the county has avoided lawsuits challenging the validity of its set-aside ordinance, said Tampa attorney David Smolker, who represented Caroline during his successful yearlong fight to avoid giving the county right of way.

"It's a square peg in a round hole," Smolker said. "The ordinance is the square peg, and the Constitution is the round hole."

Offset Price Increases

At the core of the debate lies the Transportation Corridor Preservation Ordinance, passed in November 2005.

Facing skyrocketing land prices, county commissioners passed the ordinance to lock in land for road projects without having to pay budget-busting sums for it.

But here's the hitch, critics say: The Fifth Amendment to the U.S. Constitution requires the government to pay people when it takes their land for a public use.

Two U.S. Supreme Court rulings say the government can demand land equal to the burden a landowner puts on roads and other public systems. Beyond that, the government must pay.

The county isn't paying for the property it claims under the preservation ordinance.

"If push came to shove, as written, there are some constitutional issues in the right-of-way preservation scheme the county uses," said Ben Harrill, a former county attorney who regularly represents developers' projects under county scrutiny.

The preservation rule applies to property that comes to the county for rezoning or other changes aimed at improving the property.

The presumption is that any development will increase traffic on the county's road system, eventually requiring more lanes. When those lanes are needed - either now or in the distant future - doesn't matter, said Assistant County Attorney David Goldstein, who wrote the ordinance.

"If you're only planning for the short term, then you're going to allow things that you're eventually going to have to condemn," Goldstein said. "Believe it or not, we don't like taking people's houses."

That's consistent with the government's powers and the Constitution, said J.J. Brown, who teaches land-use law at Stetson University's College of Law.

"To seek to limit the number of expensive buildings erected in the foreseeable right of way for road widening is the most logical and sensible action by any government," Brown said after reviewing the ordinance.

State law sets no limits on how long the county can hold land for roads. That lets the county lay claim to land even in rural northeast Pasco, where the county's current long-range plan envisions nothing wider than a two-lane road through 2026.

Goldstein said the county is hedging its bets in northeast Pasco beyond the current 20-year plan.

Smolker said the county unfairly forces landowners to spend thousands of dollars to prove the county doesn't need their land for roads.

"The burden is on the government to justify it on a case-by-case basis," Smolker said. "The problem we see with the county ordinance is they have essentially turned that entire precedent on its head."

Commissioner Ann Hildebrand said she has heard from small landowners hurt by the right of way rules. She's open to tweaking the ordinance - within limits.

"If we're going to have to be paying for traffic studies and we're going to have to be paying the landowners, we're not going to be able to enforce the ordinance," Hildebrand said.

Avoiding Lawsuits

As landowners continue to seek exemptions to the preservation rule, County Administrator John Gallagher and his staff have begun offering compromises aimed at getting the land the county wants while softening the blow to developers.

Since the summer, Gallagher, who chairs the Development Review Committee, has let developers put landscaping, retention ponds and sometimes parking spaces in the county right of way until the county needs the space for a road. In some cases the committee has let builders develop undersized lots as compensation for giving part of lot as right of way.

"They avoid a lot of [takings] claims by using the variance process," Harrill said.

But Harrill also sees the county taking advantage of landowners' reluctance to fight the government when they could be developing their property.

"If it's ever litigated, it would be interesting to see what happens," Harrill said. "I expect they could defend that ordinance very vigorously because it saves them a lot of money."

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

HOUSE OF LIES | AUDIT FINDINGS

Builder misspent $3.2 million

A developer hired to build Miami-Dade County's housing agency a new headquarters diverted millions and never delivered a building, a new audit has found.

BY DEBBIE CENZIPER AND SCOTT HIAASEN
dcenziper@MiamiHerald.com

The developer who pledged to build a new headquarters for the Miami-Dade Housing Agency misspent $3.2 million in public money on excessive management fees and dozens of costs unrelated to construction -- including a $355,000 payment on a personal home loan -- according to a county audit obtained Saturday by The Miami Herald.

While the building project stalled, developer Raul Masvidal used the county's money to buy a sculpture of stacked teacups from a childhood friend for $287,000 -- almost double the going price, the audit found. The sculpture was supposed to complement the new headquarters but has been sitting in storage for two years.

No headquarters was ever built.

County Auditor Cathy Jackson laid blame squarely with the Housing Agency, citing former Director Rene Rodriguez, for ''passive'' oversight of the troubled project.

Under Rodriguez's leadership, the Housing Agency in 2003 contributed $5 million for a new headquarters in South Miami by dipping into a fund specifically established to build homes for the poor.

''We understand the former Housing Agency director unilaterally decided his department would manage the project,'' Jackson wrote in her report, released to county officials late Friday. ``. . . Housing Agency officials could provide little information to justify their actions and decisions.''

SCANDAL EXPOSED

The audit comes five months after The Miami Herald reported the project was at least 18 months behind schedule and about $8 million over budget, with costs that appeared unrelated to the new headquarters.

The project's developer is Hometown Station Ltd., whose general partners are Masvidal and developer Otis Pitts. Earlier this month, 65-year-old Masvidal -- who serves on Miami-Dade's Public Health Trust and was an advisor to former Miami-Dade Mayor Alex Penelas -- was arrested on felony battery charges after allegedly punching the artist who created the teacups sculpture.

Artist Julio Larraz, who went to grade school with Masvidal in Havana, said the dispute was over unpaid loans he made to Masvidal, though Larraz said the sculpture was paid in full.

The development team's limited partners included Oscar Rivero and Alben Duffie, both involved in other troubled Housing Agency deals.

Last summer, when problems with the new headquarters surfaced, County Manager George Burgess announced he had struck a deal with Hometown Station to cancel the project and recoup the county's money. But no proposal was ever brought to the County Commission for approval, and so far, no money has been returned. Burgess said he wanted to wait for the results of the audit and ongoing criminal investigations.

Neither Jackson nor Burgess could be reached for comment. But in a memo to county commissioners sent Friday, Burgess promised to ``aggressively pursue recovery of the $5 million . . . by any and all legal means available.''

THE DEVELOPER'S SIDE

Hometown Station's attorney, George McArdle, said the county's money was properly spent. He said the audit created an ''arbitrary distinction'' between expenses for the Housing Agency headquarters and the overall project, which included a mixed-use office, retail, residential and parking complex adjacent to the South Miami Metrorail Station. Hometown Station won development rights in 1999.

McArdle said county officials understood that the $5 million would, in part, cover predevelopment expenses incurred before the Housing Agency decided in 2003 to put a headquarters on the site.

''The developer had worked on other prospective uses of the property, and like any other development, those expenses had to be paid,'' McArdle said.

But in the audit, Jackson said she ''unequivocally'' disputes that argument. Hometown Station signed a lease with the county that stated the $5 million was to be used only for the construction of the new headquarters, she said. The audit found Hometown Station paid hundreds of thousands of dollars for expenses that had nothing to do with the building, while funneling money to other questionable costs, including:

• Paying Masvidal's company $493,000 to manage the project, even though no building was built. Of that, $258,000 was paid for oversight before the Housing Agency had signed on to the project. In invoices, the fees were justified as ``land costs.''

• Paying Masvidal's business partner, Henry Marks, $281,513 for project management, again before the Housing Agency got involved. Hometown Station could not provide documentation for Marks' work.

• Using $355,351 to pay a second mortgage on Masvidal's $1.8 million home in Coral Gables.

• Paying $287,000 for a bronze sculpture of teacups called Space Station. The audit said Hometown Station had promised to donate one-of-a-kind artwork to the project as a ''gesture of goodwill.'' But the county paid anyway. Making matters worse: Auditors found an identical sculpture by the same artist that sold last year in Boca Raton for $150,000. Hometown Station did not submit an appraisal to substantiate the $287,000 purchase price.

• Spending $778,000 on architect, engineering and consulting services performed before the Housing Agency got involved in the project. Prior concepts included a hotel, movie theater and municipal building for the City of South Miami.

Said Jackson: ``The absence of clear leadership and oversight significantly diminished county control over [the] project.''

McArdle countered that Bank of America oversaw spending of the Housing Agency's $5 million, and that the county approved a budget outlining how the money would be spent. 'When the auditor comes in after the fact and looks back, the auditor can say, `I don't like the way this deal is negotiated' and advise the county not to do this again,'' McArdle said. ``. . . But that's the way this deal was negotiated.''

THE HOME MORTGAGE

McArdle defended the $355,000 in county money that went to pay down a second mortgage on Masvidal's home, saying Masvidal essentially was reimbursing himself money he had earlier contributed to Hometown Station expenses. ''This is not a situation where someone is reaping personal gain,'' he said.

But auditors questioned why the mortgage money went directly to Masvidal and his wife -- not to Hometown Station. McArdle said the loan was made that way because the bank needed extra collateral, so Masvidal agreed to put up his house.

McArdle said Hometown Station never promised to donate a sculpture. As for the price of the teacups, which was almost double what it went for in Boca Raton last year, he said: ``[Masvidal] felt like he got a good deal.''

Affordable-housing grant raises eyebrows
City's use of fund isn't correct, some say

The city of Tallahassee's recent decision to join in a developer's application for a $5 million state grant isn't sitting well with some affordable-housing advocates.

Their concern: Almost half of the city's $2.69 million match, or $1.2 million, would come from the city's Affordable Housing Trust Fund. In the past, that money has gone to help a poorer population than the teachers, firefighters and other professionals targeted by K2 Urbancorp's "essential work-force housing" proposal.

"That fund was not created to be used the way the city is using it," said Dorothy Inman-Johnson, executive director of the Capital Area Community Action Agency.

But David Wamsley, K2's CEO, said the company had committed to making a $600,000 donation back to the fund, which held about $1.8 million in September. And over time, part of the new homes' appreciating values would be funneled into a new affordable-housing trust that the city could use for whatever housing projects it chooses.

Wamsley estimated that new fund would grow between $600,000 and $750,000 every five years.

In the past, the existing trust fund has been used to help people pay their down payments or for infrastructure at a multihome Habitat for Humanity project, for example.

This time, it would help K2 keep costs low enough to offer homes below market rates. But they'd still be too expensive for a lot of people.

"I think it's a legitimate philosophical discussion," said City Commissioner Mark Mustian. "There are limited resources, so what do you use them for? We don't have enough money now for the lower-income people, and this serves a slightly higher income group."

Mustian abstained from voting on the proposal because of a potential conflict of interest with his law firm. The other commissioners all agreed to the concept in November.

The city's $2.69 million share, plus $358,000 in private land donations, adds up to the 15-percent match of the $20.2 million development that the state requires.

Proponents say city/developer partnerships are the way of the future and will help working-class people afford homes close to where they work instead of having to move into outlying rural counties where land prices haven't surged yet.

"The soul of the community is lost when people can't live where they work," said Jeffrey Sharkey, a lobbyist who helped draft the legislation creating the state grant program.

Between 2002 and 2005, the state's median existing home price jumped more than 70 percent, while the median family income went up less than 2 percent, according to the Florida Association of Realtors and the U.S. Department of Housing and Urban Development.

The disparity isn't as wide in Tallahassee - the median price for an existing house went up 43 percent from 2001 to 2006, according to the Florida Association of Realtors - but some working people are still getting priced out of the market, Sharkey said.

To help remedy the problem, the 2006 Florida Legislature passed a housing bill that includes $50 million for an affordable-housing pilot program called the Community Workforce Housing Innovation Pilot Program, or CWHIP. The program seeks to offset developers' costs by providing money and making permitting faster and easier.

If K2 is awarded a CWHIP grant, they propose to build 92 one-, two- and three-bedroom town houses on the site of the ongoing Evening Rose development, inside Capital Circle Northeast just north of Mahan Drive. That would almost double the number of homes at Evening Rose, which is the first development built under the city's inclusionary-housing ordinance and is currently set to feature 99 units, 10 of which will be priced just under $160,000.

With the state grant, a two-bedroom/two-bath town house would sell for as low as $159,000, instead of the market rate of $260,000, according to the developer.

Who would the work-force housing be for?

If K2 gets the state grant, the 92 housing units would be reserved for people making up to 140 percent of the area median income, or $81,900 for a family of four.

On top of that requirement, at least half of the units would be for people the city identifies as "essential-services personnel" - people "employed in the education system, city or county government, medical and health services, public safety or skilled building trades" or who make less than 80 percent of the area median income ($46,800 for a family of four.)

Concrete plant in Manatee proposed

BY CHRISTOPHER O'DONNELL

NORTH MANATEE -- As recent protests by residents have shown, finding a place to build a concrete plant is not easy.

But with neighbors that include a port and a jail, Schwab Ready Mix's plan for a new concrete plant in North Manatee is unlikely to meet the opposition that has delayed CEMEX's plan to build a plant in East Manatee.

The Fort Myers-based company has filed plans with the county for a 5,000-square-foot ready-mix plant on Harlee Road, close to Port Manatee. If approved it would be the company's first plant in Manatee County.

Schwab bought the eight-acre site close to the Hillsborough County line in May for $2 million from Manatee Management LLC, according to county records.

It also paid $1.4 million in November 2005 for 4.5 acres in Oneco. It has yet to submit any plans for that site.

Schwab Operations Manager Richard Hire did not return repeated calls seeking comment.

Although proposed for an industrial area, the site is heavily wooded. Schwab would be required to replace any trees destroyed by construction, said Laurie Seuss, a county planner.

CEMEX Inc.'s proposal for a new plant off Lena Road and State Road 64 has met a wall of protest from nearby residents who fear it will add noise, traffic and dust to their neighborhood.

Schwab runs six plants in Florida, including sites in Punta Gorda, Naples and Cape Coral.

Parkway tolls look unlikely

Construction of booths, possibility alternate routes hinder effort

BY JAMES DEAN
FLORIDA TODAY

Don't expect tolls to pay for the St. Johns Heritage Parkway.

Adding tolls would make the proposed 40-mile, north-south corridor more expensive to build and encourage too many drivers to choose alternate routes, say local transportation officials who have explored the idea.

"There are significant drawbacks to going to a toll road," said Bob Kamm, director of the Brevard Metropolitan Planning Organization.

They include:

Higher construction costs. The road, intended to relieve construction in southern Brevard County west of Interstate 95, is projected to cost more than $100 million without toll facilities and equipment.

Each interchange would run about $20 million and toll plazas cost about $8 million. Limiting road access increases the cost of acquiring right of way and could put existing agreements for land at risk.

  • Operating costs. Paying toll collectors and processing tolls adds to expenses.
  • Diversion. With several free roads running parallel to the proposed route -- including Interstate 95, Minton Road and Wickham Road -- it's doubtful if enough toll revenue could be generated to repay bonds.

    "There are other ways to get where you want to go using free roads in that part of the county," said Kamm.

    Interest in tolls resurfaced this summer after the Orlando-Orange County Expressway Authority introduced plans to study adding or extending three connectors into Brevard.

    Kamm met with those officials in September to learn more about what's needed for toll roads to succeed. He's still awaiting a formal response, but said tolls don't appear to be a good fit for the St. Johns Heritage Parkway.

    Formerly known as the Palm Bay Parkway, the project has been discussed for more than 10 years but remains years from completion with funding uncertain.

    Developers in Palm Bay could break ground next year on the parkway's first segment between Malabar and Emerson roads, city officials said.

    The county recently committed $21 million to secure rights of way. Together with Palm Bay, it has at least tentative agreements covering about half the route.

    Though enthusiasm for tolls on the parkway is waning, county commissioners haven't dismissed the concept entirely for future roads.

    "It needs to be part of the discussion," said Commissioner Chuck Nelson, whose district on Merritt Island had a toll road until 1991. "Where we get to and what the ramifications are, we've got a ways to go yet."

    The Legislature established a Brevard County Expressway Authority in 1972, but it never was activated. At the time, it was thought tolls might help build a South Brevard causeway to the beachside.

    MPO Attorney Paul Gougelman said commissioners would need to consider several factors before implementing the authority, including who would run it (the commissioners or appointees) and how much revenue it could generate.

    "If they don't, they run risk of simply creating another layer of government that might or might not be effective," he said.

    Contact Dean at 242-3617 or jdean@flatoday.net.

Height issue again bubbles to surface in Ormond


ORMOND BEACH -- While most people are turning their attention to Christmas, Hanukkah and Kwanzaa, city officials are still wrestling with the new maximum building height limit voters chose on Nov. 7.

At a meeting last week, city commissioners discussed the possibility of holding a referendum in the near future that would allow voters to decide whether they want to tweak the strict new 75-foot building height limit.

Some possible ballot questions could deal with grandfathering existing buildings taller than 75 feet, and allowing some new buildings in certain locations to build higher than 75 feet, which is roughly seven stories.

Commissioners opted not to make any decisions about a referendum, saying they want to wait until after Monday evening's meeting with the attorney the city hired to help with lawsuits surrounding the height limit battle.

That meeting will involve only legal matters, and will not be open to the public.

For now, City Commissioner Troy Kent said he disagreed with some ideas proposed by Mayor Fred Costello and City Commissioner Bill Partington to allow more flexibility with the height cap, and to remedy what some believe could be future legal problems.

Kent said some of the mayor's ideas sounded "like a re-do" of the election.

But Kent did like some of Costello's proposals, and said a look at some of those ideas a year ago might have prevented the contentious height war that began earlier this year.

Jeff Boyle, a former city commissioner and head of the grassroots group that led the push to cap maximum building heights at 75 feet, is not eager to pursue amendments to the new limit.

"You still are not listening," Boyle told commissioners during their meeting last week. "You are still challenging the clear will of the people, and the people's right to exercise that will."

Boyle went on to say that "This commission should be reminded, the state constitution, our system of laws, this chamber, these public meetings, your seats, the votes that elected you, my right to address you, all derive from three simple words: we the people. . . . Not we the elected, or we who represent."

Commissioners need to listen to what voters said with their vote to impose the non-negotiable 75-foot limit, Boyle said.

"The yes vote on Nov. 7 was a message from we the people. Stop trying to nullify that message," he said. "Drop the appeal. Drop the idea of a do-over special election. That is an insult to voters. And apologize, to we the people."

Commissioners have countered that they are trying to impose the will of the voters, but they're also trying to prevent future problems with implementing the limit.

"We're all here to protect the citizens," Costello said.

One resident told commissioners she won't return to another city commission meeting until the bickering stops.

"It breaks my heart to see people act like this," she told commissioners.

Commissioner Ed Kelley said he hopes the divisive disagreements are resolved soon.

"This one issue is not that important to drag the community down," Kelley said. "Let's try to do what's right for the people."

eileen.zaffiro@news-jrnl.com

Complex: Vibrant, but imposing

Critics say Harbour Pointe in downtown Safety Harbor is a poor fit for the area , but developers say those same people make use of its services.

EILEEN SCHULTE Times Staff Writer
Published December 18, 2006

SAFETY HARBOR - One city commissioner once called Harbour Pointe a monstrosity.

Neighbors have complained the three-story building obstructs their views of Tampa Bay and sometimes makes Main Street look like a cave.

Some locals even have claimed it blocks breezes off the bay.

And because of the strong feelings that Harbour Pointe has stirred up, Safety Harbor city commissioners are considering limiting heights on buildings in two parts of the downtown core.

The very character of downtown Safety Harbor is at stake, they say.

There's only one problem for detractors: The $30-million, mixed-use Harbour Pointe project appears to be a success.

"The critics are shopping here," said Edward Entreken, chief financial officer of the project's creator, Olympia Development, which also owns the Safety Harbor Resort and Spa.

And Harbour Pointe is just the start.

Conservatively, at least $10-million more in retail and residential new construction or renovation also is under way or has been approved for downtown and the waterfront.

* * *

While city officials consider how much development they want, Harbour Pointe's developers are encouraged by the acceptance that has met their project.

Almost finished, the Harbour Pointe building at Main Street and Bayshore Boulevard buzzes with activity every day. Hungry patrons eat salads at Crispers, head to Cold Stone Creamery for dessert, then to Starbucks for an eggnog latte, buy bottles of crisp Italian pinot grigio at WineStyles and get their hair cut at Great Clips.

"We're very pleased," Entreken said. "We have less than 6,000 feet left" of vacant space out of a total of 45,000 square feet.

Currently, construction is under way for a new tenant called Dinner 4 U, which cooks up prearranged takeout suppers for busy families clients order their meals ahead of time each month from a menu.

And a high-end women's clothing store called the Jean Therapy Boutique just opened.

Harbour Pointe "has a great community feel," said Rhianna Brandt, general manager of WineStyles, which she said recently opened and has seen a steadily growing clientele. "People can sit outside by candlelight at night or stroll in and have a glass of wine while they shop."

Bob McGivney of Crystal Beach visited Harbour Pointe for the first time recently and said he had a very positive experience.

"We went to lunch at Crispers, and it was pretty good," he said, as his friend ate a bowl of chocolate ice cream at Cold Stone Creamery. "And there's (plenty of) parking, and that's good."

When Harbour Pointe's construction was almost done, Olympia moved its headquarters from Dunedin to the building. Its neighbor, a company called A.I.P., which stands for Advanced Investment Partners, takes up 8,500 square feet of office space.

* * *

During construction of Harbour Pointe, Olympia also was busy renovating the Safety Harbor Resort and Spa across the street.

Of the spa's 189 guest rooms, 125 have been redesigned and refurnished, with buttercream paint on the walls and Serta pillow-top beds and fine linens at a cost of $15,000 to $40,000 per room. The remaining rooms will be completed by next month, Entreken said. He declined to say how much the renovation has cost in all.

The company also revamped one of the larger banquet rooms, the Athena Room, and replaced all the spa's windows and sliding glass doors with hurricane-resistant panes.

Go ahead and pound them, Entreken urged a reporter and photographer from the Times. They were rock hard.

And the spa is rid of any mildew smell it had after sitting atop seven natural springs for its entire 60-year existence.

Entreken removed a tile from the ground floor to reveal the mineral water flowing beneath.

Years ago, visitors would bathe in the water. They swam in it in the pool hoping to benefit from its supposed curative powers. Guests still swim in it, bathe in it and drink it from plastic bottles, but now it is purified first at the spa's own water treatment plant.

More plans in works

With these two projects nearly done, people are asking: What's next for the little city by the bay?

Watch for the landscape to change dramatically.

Olympia plans to start construction on at least eight townhouses sometime in 2007.

After that, the developer plans to build two five-story condo towers next to Harbour Pointe. Presales have not yet begun, a step the developer must take before construction can start.

In a few years, luxury townhomes and condos could be constructed on 10 acres most likely on the northeast part of the grassy spa property. No design plan has yet been drawn up or construction date set, Entreken said.

Another developer, PK Properties out of Tampa, is planning to build a $7-million complex called the Parkview at Safety Harbor townhomes and business complex at the northwest corner of Main Street and Second Avenue N.

The project will include a two-story building with space for two or three tenants on the first floor and office space on the second floor in the front. In the back will be 14 three-story attached townhouses.

"We're high on Safety Harbor," said Ray Ploucher, one of the owners of PK Properties. "We like it there. It's a great town."

PK Properties hopes to demolish the vacant L-shaped building there, which once housed a Pizza Hut, in January to make way for the project.

Height prompts talk

The project's height is one of the things that makes interim Mayor Andy Steingold have mixed feelings about the way downtown Safety Harbor is changing.

"I would have preferred two stories (instead of) three," said Steingold, one of several commissioners to open the door for the discussion of a building height moratorium. "But (PK Properties' project) will add an additional dimension to downtown as have the businesses at Harbour Pointe."

Commissioner Kathleen Earle, the official who called Harbour Pointe a monstrosity, is a leading voice for limits on height and density for new downtown projects.

As a result, city commissioners will discuss a nine-month moratorium on new building heights at a meeting at 6:30 p.m. Tuesday at City Hall, 750 Main St.

If the reduction is adopted, house heights would drop from 35 to 25 feet in neighborhoods between Second Street N and Fourth Street N and Philippe Parkway and Ninth Avenue.

In the retail area along Main Street east of Third Avenue, allowable building heights would decrease from three stories to two.

Last week, the city's Planning and Zoning Board sided with property owners who think the moratorium would hurt the city and recommended against the height limits.

And that leaves commissioners with the job of finding the right balance.

"Some people are satisfied with (Harbour Pointe); some think it's still too big," Steingold said. "But everybody I've spoken to is excited about the business now available at that location.

"I welcome redevelopment as long as it's built to scale," he said.

Eileen Schulte can be reached at (727) 445-4153 or schulte@sptimes.com.

Rezoning Allows Apartments

Published: Dec 18, 2006

BROOKSVILLE - For much of the time Wednesday, it looked like a Miami developer's plans to build 408 "work force" apartments on 40 acres near an industrial center in Brooksville might be shot down.

There were too many negatives for Hernando County planners: traffic congestion, wetlands intrusion and the proximity to a nearby cement plant.

Even Planning Director Ron Pianta said he was not happy with granting developer Jose Padilla the rezoning he needed to get the project off the ground.

But Hernando County commissioners, who said they liked the plan because it fulfilled a demand for more affordable homes in the county, seemed unwilling to reject the rezoning outright.

So they took a 15-minute break to allow county staff members, engineers and developer's representatives to get together and see whether they could come up with a workable plan.

They did.

Commissioners voted 4-0 to approve the rezoning. (The board is without a fifth commissioner while the courts work through the election lawsuit filed against commissioner-elect Rose Rocco.)

The three-story apartments will be built on the west side of Cobb Road and the north side of Fort Dade Avenue, across from Flagstone Pavers, a cement products company and near Florida Crushed Stone.

They are called work force apartments because they are designed for employees of hospitals, fire and police departments and teachers, those who change jobs frequently and are not ready to buy homes in the area.

The reworked plan came with several concessions, though. In fact, the new plan has about 20 stipulations Padilla will have to obey to make his dream a reality.

Some of the concessions: There will be a conservation easement and open spaces that will not be developed; the maximum height of each apartment building won't exceed 40 feet; the developer will have to pay for transportation improvements as needed to relieve congestion; there must be a 35-foot buffer separating the wetlands from the buildings.

Also, at least 20 percent of the apartments must be deemed "affordable." Under current state guidelines, that means monthly rental payments between $720 to $1,000, said attorney Craig Varn, representing the developer.

People who rent the units must be told there is a cement plant nearby with noisy trucks operating at all hours of the day.

Commissioner David Russell said the apartments will satisfy a need for this kind of housing in Hernando County.

"I can tell you affordable housing for the work force is paramount," Russell said.

Padilla, a partner with Miami-based Axis Realty Partners, said these apartments would be ideal for teachers, firefighters, nurses and others.

In September, planning and zoning commissioners voted 3-2 to approve the project. They agreed that apartments are probably the best option for that 40-acre parcel as it transitions away from industrial.

County Commissioner Jeff Stabins asked the developer to work with the school board to help accommodate the influx of an estimated 136 new students.

Susan Miller, a hospice nurse who lives off Fort Dade Avenue across from the proposed Padilla apartments, worried that the traffic from along Fort Dade and Cobb would be too much for the area.

She agreed that affordable housing is needed.

"It's a good idea but not at this time and not in this area," Miller said.

Flood relief coming to eastside

By MICHAEL D. BATES
mbates@hernandotoday.com

RIDGE MANOR — Relief is on the way for people in Ridge Manor West, in the Stoney Brook Drive area, who are plagued with flooding problems during storm season.

The county has worked out an agreement with the owners of Sherman Hills Golf Club that would allow the county to construct and maintain a stormwater pump station in the drainage retention area at Stoney Brook.

The county will lay pipelines and pump water into the irrigation holding pond there for the golf course, which can use it for irrigation.

“It’s a mutually beneficial project in that it enables us to pump stormwater from the drainage retention pond and prevent it from overflowing and flooding neighboring streets and houses,” Assistant County Engineer Gregg Sutton said. “It also pumps it into the golf course which can use it for irrigation.”

Golf course operators must obtain a permit from the Southwest Florida Water Management District (Swiftmud), which regulates the amount of water they can use for irrigation purposes.

“So we are providing (Sherman Hills) with additional water which won’t count against their limit or permit amount,” Sutton said.

The pump station will affect about 15-20 homes along Sherman Hills Boulevard. At times, the flooding is so bad that emergency vehicles are unable to access many of those homes.

Commissioners voted unanimously Wednesday to approve the agreement. The county will now bid the project which is estimated to cost about $200,000, Sutton said.

County Commissioner Chris Kingsley said it is a project a long time in the works. He praised the golf course owners and county staff who were able to finalize an agreement.

“We’ve been working on that one now for about two years and we’re finally able to move forward,” Kingsley told his colleagues Wednesday at the monthly Land Use Hearing.

The pump station will be designed so that during the times when Sherman Hills Golf Club does not need irrigating, the treated water from nearby Stoney Brook pond will bypass the golf course and continue through the system to other areas off-site.

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

High Springs commissioners decide to pay entire cost of paving project

HIGH SPRINGS – After hearing residents say that long-standing flooding issues in certain High Springs streets were caused by the city, High Springs city commissioners decided Dec. 5 that the city, not the residents, should pay to pave those streets.

Commissioners previously had agreed that the cost to fix the drainage issues along northeast Seventh and Eighth avenues and First and Second streets should be covered by the city. But the majority of the cost for the paving side of the project, they previously had decided, would be covered by the residents.

They initially decided in a Sept. 25 meeting that the city would pay for all engineering costs, all costs for fixing drainage problems and one-third of the remaining paving cost.

Residents then would pay about one-third the total cost of the project, or $3,878 per lot.

But residents at the Dec. 5 meeting argued that the city should pay for the entire cost of the roughly $300,000 project.

Most of the residents who spoke at the meeting said that they didn’t want the road paved if they would have to pay for it.

Ben Buckner, a 25-year High Springs resident, said the planned improvements “are a long time coming.” He said that the city is at fault because property is flooding in the area but the area is not listed as a flood zone on any FEMA map.

“It’s not fair to have a city street washing into a person’s property,” he said.

He said the city should pay for the improvements and not charge residents.

“In my opinion, ad valorem taxes and gas tax money should pay for this,” Buckner said.

Resident Peter Dispenza also said that Second Avenue has been draining through his mother’s front yard for years.

Another resident, George Dickert, said water on his property is a problem, too.

“If anybody wants a mud hole, just go here,” he said, pointing to a map of his property.

He added that he and his wife were in shock when they got a letter saying there were going to have to help pay for the road.

“She said, ‘Look at this – we're getting charged $4,000 for a road we didn't ask for,’” he said.

Some residents said that other roads have been paved in the city without residents having to pay but City Manager Jim Drumm said such assertions are not true. He said homeowners have always been asked to pay one-third of the cost.

He added that homeowners were not being asked to pay for the drainage improvements but just for the road improvements. If the roughly $4,000 per home was paid over 10 years, a resident would have to pay roughly $42 a month, he said.

But that cost still was too high for residents to agree.

Resident Betty Dillon said she simply can't afford to help pay for the road.

“We're on a fixed income,” she said. “Our budget is stretched to the limit.”

Susan Latshew said she couldn’t believe the city was asking residents to help pay for a road when residents have already spent money trying to fix their yards after floods. She said she herself has installed a French drain, brought in truckloads of mulch and put gravel on her driveway – all to deal with the flooding.

“I’ve invested a lot of money and a lot of effort,” she said.

After hearing from the residents, Commissioner Larry Travis made a motion for the city to pay for the project in its entirety.

“There were a lot of mitigating circumstances that went into my decision,” he said. “We sort of went ahead and approved the (paving) contract before we ever got the opportunity to go through the process.”

Since the city had decided to approve a contract months ago in order to save the city money from rising construction costs, he said, commissioners had not been able to hear residents’ comments on the matter until the Dec. 5 meeting.

Travis is not personally against assessments, he said, as long as they are done right.

Nevertheless, the discussion was a tough one for him, he said.

“Sometimes, you have to make a decision based on your gut feeling,” he said.

Drumm said that construction started on the project before a means of payment was approved because the commission already had decided to accept a bid from a construction company.

If commissioners had waited to accept the bid, Drumm said, the construction costs likely would have gone up and been even harder to fund.

Commissioner Jim Gabriel, who voted against a motion for the commission to pay the entire cost, said he would have rather seen the commission discuss reducing the assessment than removing it altogether.

“I was a little disappointed that we never got to the point even to discuss whether we would lessen the cost,” he said. “I would have discussed, considered a reduction in the overall assessment to everyone.”

But since the cost will not be assessed, he said, it instead will be paid through the city’s budget, which is funded by the tax dollars of all residents and businesses.

With such a large project being entirely funded by the city, he added, the long list of other paving projects the city would like to do will have to wait because the budget already is stretched.

“We were hoping to take any monies we got through assessments and roll them right in to the next project,” he said. “We can’t do that now.”

Additionally, Gabriel said, by paying for the entire amount, the city set a precedent that may mean paying for every future project, as well.

“I think that in the future it’s going to be extremely hard, if not impossible, to ever extend a paving assessment,” he said.

But Commissioner Kirk Eppenstein said that he doesn’t think the case set a precedent since each case should be judged based on its own merits.

He voted for the city to shoulder the cost of the pavement and drainage project.

“Sometimes you have to just do what’s right,” he said. “That has been my gut feeling all along.”

Since the roads have been city roads for decades and are just now getting paved, he said, he felt the responsibility should lay with the city to pay for the project.

Commissioners Gabriel and Byran Williams voted against the motion for the city to pay for the entire paving cost.

Commissioners Travis and Eppenstein and Mayor Thomas DePeter voted to approve the motion, making the vote 3-2 in favor of the city paying.

Drumm said that construction work on the project started toward the end of November, and although construction crews have up to several months before they must finish, they expect to complete the work within a few weeks.

“We understand that they’ll probably be finished by the first of the year,” Drumm said

Lady Lake collects old debts for paving

The city borrowed money in 1989 to do the street work and is hitting up residents who still owe.

Erin Cox
Sentinel Staff Writer

December 18, 2006

LADY LAKE -- The town has recouped about $33,000 of the $200,000 residents owe for having their dirt streets paved 17 years ago.

The long-forgotten bills were resurrected and sent to 46 property owners in May, when the town threatened to foreclose on dozens of properties, many in the poorer Skyline Hills neighborhood.

Since then, all but 10 of the debtors have paid or contacted the town to make payments. The town will wait until January to determine what do about the outstanding money.

"It's Christmas," Town Attorney Derek Schroth said.

The town borrowed $700,000 in 1989 to pave the streets winding between mobile homes in Skyline Hills and in a few other Lady Lake neighborhoods. Each homeowner agreed to repay the debt over 20 years, but many of the bills became delinquent.

The town began aggressively pursuing the debt in May, four months before the town finished paying off the loan.

The bills, which were originally $2,500, have accrued interest at 8 percent. Some bills totaled $7,000 when the first certified letters were sent to homeowners in May. At that time Finance Director Karen Rickelman said every outstanding debtor owed more interest than principal.

Town Manager Bill Vance said he had to quash rumors that swirled around the mobile-home park. Some residents who paid their debts feared others would get out of it.

Vance assures that is not the case, but town commissioners have not decided how to handle the remaining debts.

Erin Cox can be reached at 352-742-5926 or ecox@orlandosentinel.com.

Insurance Crisis Has Many Angles

Published: Dec 17, 2006

Pasco County commissioners and local lawmakers are on the right track in their efforts to address the homeowners' insurance crisis, which is causing major heartache for many people. Working together is the biggest first step because it will take a collaborative effort to solve, or at least put a dent in, this widespread problem.

State Sen. Mike Fasano and Rep. John Legg, both of west Pasco, already have shown they're willing to go toe to toe with the insurance industry, and they pledge not to let up. They are proven advocates on the state level, especially Fasano, Pasco's senior lawmaker.

Fasano has proposed a variety of ways to help homeowners. One is to allow property owners the choice of going without sinkhole coverage, which would reduce premiums. Appropriately, it would be up to the homeowner, who would have to weigh whether that risk is worth it.

In addition, Fasano has filed a bill that is certain to be hotly contested by the insurance industry. The bill would bar insurance companies from denying Pasco residents and other Floridians lines of coverage the carriers offer in other states - a practice known as cherry picking. It's debatable whether the bill would give residents more choices because some companies could very well opt not to continue doing business in Florida. Still, these are desperate times for many homeowners, and stern measures must be considered.

Locally, Pasco County officials may have the toughest job.

In recent years, more than 1,400 Pasco homeowners in basically every part of the county except the extreme east have filed sinkhole claims, maps show. This leads to a logical question: Why were developers allowed to build in those areas to begin with? The answer isn't easy. The validity of some of the claims is disputed, and some scientists say it's difficult, impossible even, to confirm that a true sinkhole is under a home.

Still, as the authorities who allow building in unincorporated areas, county officials must take steps to help future homeowners and reduce the possibility of future sinkhole claims, which can affect all property owners through higher premiums or cancellation of policies.

The county is considering very viable proposals. These include requiring developers to conduct ground inspections before they build and compacting fill dirt beneath home sites to protect against sinkholes. Other ideas include creating a detailed local public records' trail of previous claims and sinkhole repair documents that residents would be able to check.

Indeed, developers should be required to test for sinkholes and disclose the results to county officials. They also should be required to disclose to potential homebuyers any history of sinkholes and suspected activity in their developments. No one is proposing that developers not be allowed to build when tests prove positive, but future home buyers have a right to know - even about suspicions.

Municipal officials also should take the same proactive steps as county officials are considering. That way, there won't be different standards in unincorporated and incorporated areas.

In addition, county officials have hired legal experts to challenge local premiums charged by Citizens Property, the state-run insurer of last resort. A similar effort proved successful in Monroe County. Even if the county's experts fail, it will have been money well spent. It's government's job to tackle any crisis that can devastate families and force homeowners to go without protection in such a hurricane-vulnerable state.

Many Pasco residents are hurting, but they should take comfort knowing that at home and in Tallahassee, their locally elected public officials are working to help them. This two-pronged approach is bound to pay dividends.

Council mulls Rainbow Springs protection

By Jim Hunter

After more than a year and a half of work, Marion County is ready to adopt a springs protection measure for Rainbow Springs near Dunnellon and Silver Springs in Ocala.

The protection will come in the form of an amendment to Marion’s comprehensive growth management plan, which, among other things, will create special springshed protection zones. In Florida, comp plans carry the force of law and so the changes can impose certain legal restrictions and requirements.

The changes in the Marion County comp plan will create a springs protection zone map with primary (10-year recharge zone) and secondary (100-year recharge zone) springs protections zones.

The Marion commission will take up the issue at its meeting Wednesday. The issue of contamination of the Floridan aquifer that feeds the springs has become particularly poignant for the Rainbow Springs because of relatively high levels of nitrates in it, levels that even as they were found to be the highest of the springs in the region a few years ago, have increased significantly in just the past three years.

The aquifer is recharged by rain, and since there is a time lag of up to 15 years or more between when the water falls as rain and when it comes out of a spring, scientists worry about the nitrate levels of the future. And they point out that the springs are windows to the aquifer, and so reflect what’s happening to all the ground water — which is relied upon for drinking water.

Troy Kuphal, Marion County’s water resource coordinator, has been in the middle of the springs zone protection effort, and he commended the commission for its commitment to the effort. He said, “It is probably the most progressive thing the county has ever done in taking steps to protect it water resources.”

Kuphal said the policies put into the comp plan will be implemented through land development regulations that will be developed by county planners to achieve the goals of those policies.

The goal is to protect the springs from adverse impacts from development. The idea is to enable future growth to occur while protecting the over-all water quality and specifically the springs.

While the regulations will not outright ban fast-release fertilizers, for example, they will be designed to minimize their use. That can be achieved through practices such as no fertilizer zones or non-soluble fertilizer zones in developments, design criteria for stormwater treatment for nutrients like nitrogen, best management practices and landscaping that doesn’t require fertilization, development agreements that could be implemented through deed restrictions (homeowners associations would then enforce), central water and sewer systems, waste water reuse and public education programs.

Septic tanks are a known source of contaminants like nitrates, and Kuphal said the land development code will have to address it one way or another: either by being silent or imposing requirements. That would be for areas in the zones where sewer systems can’t reach. The goal will be, for example, to reduce nitrates by 70 percent, through required maintenance or replacement with the higher level — and more expensive — new types of septic tanks.

How that plays out remains to be seen, Kuphal said, but the goal would be to stop the increase of contaminants to the aquifer and the springs.

With commissioners anxious to get the measure, the land development regulations should be written in the next year, he said. The commission has stated one of its highest priorities is water sustainability in terms of both quality and quantity.

Kuphal said the state Department of Community Affairs, which oversees comp plan amendments, had some issues with the lack of specificity in the policy statements of the comp plan amendment, saying policy goal language should be more measurable and predictable, but he felt the commission would continue to put its stress on the details in achieving policy goals into the land development code regulations, which the DCA does not oversee.

The DCA can find proposed amendments to the comp plan out of compliance with legal requirements, but this was somewhat different, Kuphal said.

Being that the springs protection measure was more stringent than the state’s own comp plan requirements and more aggressive than the rest of the comp plans in the state, Kuphal said he did not think the issues would result in DCA finding the amendment out of compliance.

Citrus County currently is working on a springs protection sub-element for its comp plan, and a draft is being finished up, according to Development Services Director Gary Maidhof.. That measure is expected to be presented to the Citrus County Commission in the first comp plan amendment cycle in February, he said.

MIAMI-DADE

County considers reusing wastewater, a pricey endeavor

With cheaper underground water off-limits, Miami-Dade turns to recycling wastewater to cover its future growth, a plan that will easily top $1 billion.

BY CURTIS MORGAN
cmorgan@MiamiHerald.com

Under pressure from the state to overhaul its water supply practices, Miami-Dade County is turning to a new source -- recycling waste water.

The plan entails reclaiming tens of millions of gallons now lost every day down sinks, sewers, tubs and toilets. After intensive treatment touted to produce something safe and clean enough to sell in a bottle, the water would recharge well fields and restore natural flows into southern Biscayne Bay.

''Reclaiming'' wastewater is the key strategy of a plan designed to keep the county from sucking up groundwater over the next 20 years to supply a swelling population. It would elevate Miami-Dade from one of the worst water-wasters in the state, ranked No. 56 out of 67 counties in percentage of water reuse, to among the biggest recyclers.

''If they do all that, we'd be thrilled,'' said Carlyn Kowalsky, director of water supply for the South Florida Water Management District. The agency has held up a long-term consumption permit for the county, whose 2004 application would have drawn primarily from the Biscayne Aquifer -- cutting into water needed to revive the Everglades and Biscayne Bay.

''It would be a definite win for the environment,'' she said.

The tentative plan, scheduled to be considered Tuesday by the Miami-Dade Commission, promises numerous benefits for the region -- among them, bolstering groundwater supplies, slowing saltwater intrusion into county well fields and speeding Everglades restoration efforts.

ENORMOUS COST

It also comes with questions. For starters, the price tag is enormous.

The centerpiece -- a state-of-the-art plant in South Miami-Dade equipped with microfiltering membranes, reverse osmosis, advanced oxidation and ultraviolet disinfection -- could top $1.1 billion.

The cost for a handful of additional projects hasn't been crunched, but easily could run hundreds of millions more.

State and federal grants may offset some expenses, but assistant county manager Roger Carlton said water rates in Miami-Dade, long among the lowest in the state, ``clearly will have to go up over the long term.''

Reuse also raises potential water quality issues -- particularly for Biscayne Bay, where reclaimed water is targeted for use in a project designed to replicate original freshwater flows from the Everglades. The project, part of the $11 billion Everglades restoration effort, would filter treated wastewater through coastal wetlands and mangroves to make the now-salty southern bay into the thriving estuary it once was.

''That would be good, provided that the water is sufficiently clean,'' said Elsa Alvear, resources manager for Biscayne National Park.

That means it needs to be cleaner than the state's drinking water standards. The sensitive coastal ecosystem can tolerate only trace levels of nutrients such as phosphorus, which can triggered algae blooms.

Doug Yoder, assistant director of Miami-Dade's Water and Sewer Department, said a pilot project is planned specifically to study how to knock nutrients down to acceptable levels, perhaps with additional treatment marshes.

''As people know, when they put water in their fish tank and it has too much chlorine or too much ammonia, the fish will died but you can drink that water and it's perfectly safe,'' said Yoder.

Another unknown are what scientists call ''emerging pollutants of concern'' or EPOC -- hormones, steroids, medicines, anti-microbial soaps and food ingredients such as caffeine typically found in household waste. Conventional treatments aren't designed to remove them, and there are no federal or state standards for such contaminants.

While their environmental effects are poorly understood, some studies have linked long-term buildups of compounds to mutations in some aquatic life. In a recent federal study, male bass in the Potomac River were found to be producing eggs like females.

''There are a lot of scary things going on,'' said Cynthia Guerra, executive director of The Tropical Audubon Society. ``There is this big question mark about what the quality of the water will be after treatment and whether it's going to be sufficient to protect human health and the environment.''

Two years ago, in a letter to the Florida Department of Environmental Protection, Miami-Dade's Water and Sewer Department called for more studies, raising EPOC as one concern about sending treated wastewater into the coastal wetlands.

But now county officials, along with regional water managers and state environmental regulators, downplay any threat from EPOC, which the state calls ``micro-constituents.''

Mike Sole, deputy DEP secretary, said there are ''significant'' efforts at the national level to decide whether EPOC should be regulated.

''Whether or not they actually pose a level of concern is currently a large question,'' he said. ``In most circumstance, they're demonstrated not to.''

Sole said reclaimed water has been used to recharge groundwater for years in Florida and poses no health threat.

Palm Beach County, for instance, just completed a $38 million project that slowly filters highly treated water through a huge wetland before it makes it way back into the public supply system. Eventually, it might reclaim as much as 30 million gallons a day.

LARGEST PLAN

The system Miami-Dade County is considering would quadruple that volume by 2028 and be the largest reuse plant in the state. It is modeled after a more sophisticated treatment system under construction in Orange County, Calif. County and state officials recently toured the site.

The South Miami-Dade plant, now projected to be completed by 2014, would run conventionally treated wastewater through microfilters and reverse osmosis, an oxidation process and ultraviolet light.

''That brings that water to bottled quality,'' said the district's Kowalsky -- and ``removes virtually 99.9 percent of all the micro-constituents.''

The plant also would have the added benefit of sharply reducing the wastewater injected into a bank of deep wells in South Miami-Dade. Because of past leaks, the county is spending nearly $500 million under a consent order with the state to better clean wastewater before pumping it underground.

Once the reclamation plant was on line, only about 30 percent of wastewater ''concentrate'' would be injected underground, along with any daily excesses caused by storm-water runoff.

Beyond the major South Dade plant, the county also is completing a study to broaden reuse efforts, such as golf course irrigation, and is proposing projects to tap into the Floridan Aquifer, a brackish water source deep beneath the Biscayne Aquifer.

LARGEST RECYCLER

The plan would raise the county's reuse percentage from around 5 to more than 40. The statewide reclamation average is about 52 percent, but because Miami-Dade uses so much, it would likely rank as the state's largest wastewater recycler.

Regional water managers and DEP officials want to see more details and commitments from the county, and possibly a faster timeline, before signing off on a new, 20-year consumption permit. Without it, state agencies could slow and even block future development.

The new projects are expected to produce nearly 100 million gallons a day, and would meet the demands of water managers and the state to find ''alternative sources'' to cover the county's future thirst.

''From a planning perspective, we're always trying to have a little bit of a cushion over the expected demand,'' Yoder said.

Miami Herald staff writer Charles Rabin contributed to this story.

Fear of the water authority

Charlotte is right to be cautious, but it should weigh the benefits

Charlotte County was poised to end a decade-long contentious relationship with the Peace River/Manasota Regional Water Supply Authority, but it got cold feet.

Last week, the county commissioners delayed a vote on an agreement that would have furthered the county's reliance on the regional water authority. Charlotte backed away from becoming an "exclusive provider customer," postponing a decision until after a study determines how much water might be available on Babcock Ranch. Some commissioners are reluctant to commit to developing potential resources on the ranch on a regional basis.

Charlotte's cautious approach toward making this commitment is understandable. The arrangement should be voluntary and entered into only when both parties clearly realize mutual benefits.

But the commission should recognize the risks in proceeding alone on Babcock. If the county gets little or none of the Babcock water -- which is entirely possible -- or if its supplies are depleted for any reason, the authority would be committed to providing Charlotte with adequate resources.

Exclusive status

Under the exclusive-customer arrangement, the water authority would be responsible for calculating and meeting the county's water needs. Charlotte would maintain ownership of existing facilities, but new sources would be developed regionally.

Of its four member counties -- including Sarasota and Manatee -- only DeSoto has chosen the exclusive-customer route. Because Charlotte already relies on the authority to provide 95 percent of its water supply, it seemed like a logical candidate.

Control of existing supplies or facilities is a long-standing sore point among the region's water haves and have-nots.

Southwest Florida Regional Water Management District funding directives encourage the development of all new sources through regional water authorities. The carrot-and-stick approach appears to be working. Swiftmud has tied funding for new projects to those determined to be regionally significant, and requests for projects must be approved by a water authority to become eligible for state funding.

Uncertain future

Arguing against the go-it-alone approach is that Charlotte faces many challenges in its quest to bank on water beneath Babcock Ranch to meet the county's future needs.

Swiftmud funding policies encourage the use of surface water, retained primarily during the summer rainy season. State policies discourage ground-water use because it requires pumping from sensitive underground aquifers.

Even if ground-water use were permitted, the county would have to broker an agreement to allow pumping from the South Florida water district (in which the ranch is located) to the Southwest Florida district (where the county's water plant is). Such agreements are unusual, but not unprecedented, in Florida. Because Charlotte lies within two districts, the state might be amenable to an interdistrict transfer.

Ground-water use is also more expensive, requiring extensive treatment because it is often of poor quality and highly concentrated with minerals.

Instead of discovering a water bonanza, Charlotte could easily end up holding an empty container called Babcock Ranch.
County Commission: No new rules on Lake Lafayette development

Lake Lafayette, out of sight for many Leon County residents, has been beset by fish kills and algae blooms for years, according to scientists.

The Leon County Commission last week refused to consider eventually stricter rules on development in the region - rules that county officials said would help protect the lake and the region's drinking water.

County Commission Chairman Ed DePuy said the rules, including stormwater treatment requirements similar to those in Bradfordville, could halt development in eastern Leon County.

"I don't think some people realize the development moratorium that would create," DePuy told fellow commissioners before voting against the staff recommendations.

Commissioner Bob Rackleff, whose district includes Lake Lafayette, said the commission had requested the scientific study and then rejected its findings. He voted on the losing side along with Commissioner Cliff Thaell.

Leon County received a $332,500 grant from the U.S. Environmental Protection Agency to study problems and solutions to Lake Lafayette's woes.

The lake is divided by berms into Alford Arm, Upper Lake Lafayette, Piney-Z Lake and Lower Lake Lafayette. Upper Lake Lafayette, which drains into a sinkhole, receives dirty stormwater runoff from Tallahassee and developing eastern Leon County.

The lake was inaccessible to residents for years. But the city and county have acquired park land around the lake in recent years and have begun providing more public access.

The study report by Environmental Research & Design of Orlando fell short of expectations, county officials said, but it still contained good recommendations.

The report said the most important concern was the quality of water flowing into the sinkhole and into the region's underground drinking water supply, according to the county's analysis of the detailed technical report.

The commission agreed to control floating vegetation, to establish planted waterways to filter stormwater and to work with the city to enlarge an existing stormwater pond at Conner Boulevard.

But the commission refused to consider a stormwater standard similar to Bradfordville's, to eliminate countywide use of stormwater filters that scientists say fail to reduce nitrogen and phosphorus, or to require undisturbed buffers of up to 125 feet along tributaries.

"The thought of going down this path with Bradfordville scares me to death," Commissioner Brian Desloge said.

Rackleff said Tuesday's vote ripped out the heart of the staff recommendations.

"It was a retreat by the majority of the commission from our brave talk about protecting lakes and our water quality," Rackleff said.

But DePuy said later he was willing to consider a stronger stormwater standard for Lake Lafayette, just not one as strict as Bradfordville's. And he said it's important that the city also establish stricter standards for protecting Lake Lafayette.

"It's about reaching a compromise and something everyone can live with," DePuy said.

John Dew, president of the Buck Lake Alliance homeowners group, said the commission "sent a clear message that it doesn't want to look at important environmental issues."

Said Buck Lake member Carlos Alvarez: "When it comes 10 years or 20 years from now to say, 'Who killed Lake Lafayette?' - (five commissioners) are going to have to step up to the plate."

Rejected recommendations

Draft ordinance for stormwater standards similar to those in Bradfordville

Draft ordinance to eliminate stormwater-filtration systems countywide

Seek funding to build a berm across a portion of Upper Lake Lafayette for wetland restoration

Establish buffers of 75 to 125 feet along tributaries for developments without stormwater facilities

Approved recommendations

Control floating vegetation near railroad berm

Establish planted waterways to filter stormwater

Control vegetation in Lower Lake Lafayette and Alford Arm to provide public access.

Work with the city to enlarge an existing stormwater pond at Conner Boulevard.

Dike project workers digging for answers

Palm Beach Post Staff Writer

Sunday, December 17, 2006

In about a month, the Army Corps of Engineers plans to begin its newest attempt to plug the leaks in the Herbert Hoover Dike around Lake Okeechobee. But it will take at least a few months more before the corps can begin to answer the questions many people most want to know:

How long will the work take? How much will it cost? How many people will have to lose their homes to make way for the project?

The corps is trying to generate some of those answers by drilling dozens of feet through the dike into the sand, peat and limestone beneath it, looking for clues to the region's hodgepodge geology. The results will tell the engineers how deep they must build an underground concrete wall aimed at blocking leaks - and how much land they'll need to place a gravel berm around the dike.

Those answers are crucial for the Glades, especially for cities such as Pahokee, whose downtown lies near the dike's grassy flank. It's an equally big matter for South Florida's taxpayers, who might have to spend tens of millions of dollars for the land purchases.

Doing nothing also could be costly, state engineering consultants warned last spring in a report that described the dike as a "grave and imminent danger." The report prompted the corps to begin a significant - and probably costly - upgrade of its repair plans, which already carried an estimated price tag around $300 million.

More recently, the corps has said it might need a 150-foot-wide corridor around the 143-mile-long dike, which could push the land costs to as much as $50 million.

The corps says it will be March or April before it can map a precise swath of its real estate needs for the first 4.6 miles of dike it plans to fix, from Port Mayaca south to Sand Cut. In January, the corps plans to start filling a ditch along the dike, an effort that requires no more land.

"If they stick with their 150-foot perimeter around the dike, they're going to be buying the whole city of Pahokee, or a large chunk of it," said Mayor J.P. Sasser, who has called the worries about the dike's dangers overblown. "They'll be purchasing city hall and the water plant."

He added: "I get the impression they won't be doing that."

Luis Ruiz, chief of the corps' geosystems branch in Jacksonville, said the engineers will do all they can to avoid taking homes or businesses, let alone such major features as U.S. 441, railroad tracks and Pahokee's airport. In some locations, the corps can lessen the land purchases by making the underground wall deeper.

But the corps says it can't spare everybody.

People who lose their homes will receive fair market value and could get money to move, said Ruth Clements, land acquisition director at the South Florida Water Management District. The agency typically looks for willing sellers but also has condemnation power.

"This is something that's being done for the safety of everyone," she said. "It's not a 'nice to have.' It's a 'need to have.' We've got people out there, and we've got to make sure they're protected."

Under a long-standing agreement between the state and federal governments, the corps pays the dike's construction costs while the water district buys the land. Clements said both agencies will be reasonable.

One of the first homes that might have to make way is the sea foam-green house where Callie Terrell has lived for more than a half-century near Sand Cut, midway between Port Mayaca and Canal Point.

Ruiz said the corps hasn't decided whether it needs Terrell's home. But its location - nestled at the dike's base west of 441 and the railroad tracks - appears to leave little room to work around it.

Terrell, 95, said she's optimistic.

"I think they'll change the project," she said, peeking out her door in a floral dress while an earth mover rumbled atop the dike behind her house. On the other hand, she said, "if they offered me what I wanted, I might take it."

The corps' previous repair attempt - which began in December 2005 and was halted amid construction flaws last spring - required no new land. But the state consultants' criticisms prompted the corps to revive earlier plans to surround the dike with a gravel berm. The new design also follows the consultants' advice to relocate the proposed concrete wall and make it deeper.

Hence, the corps needs to drill 38 borings into the dike between Port Mayaca and Belle Glade, supplementing the hundreds it has made around the lake in recent years. The new holes will punch as deep as 110 feet below sea level - far below where the corps intends to place the wall - to try to get a complete picture of the leaky and leak-proof layers around the lake.

The corps vows to learn from the failures of New Orleans' levees after Hurricane Katrina. Its Jacksonville office has been drawing staff from Chicago, Alabama and Georgia to help with the dike.

"This is our No. 1 priority," Ruiz said. "It's a different environment for us now. It's a big mandate and we're going to make it happen."

Cowpokes Push a Herd to Honor Cowhunters of Florida's Past

KENANSVILLE
The herd appeared at first as an indistinct mass of dull color visible through a stand of distant cypress trees, so distant that the assembled audience had to squint as if peering deep into Florida's past. The only sounds that carried across the grassy expanse were the pops from long, leather whips wielded by men on horseback.

Suddenly, the bovine specter became real, 1,640 hooves carrying a group of sinewy, short-horned cattle into the sunlight and toward hundreds of waiting spectators, who responded with the sort of ovation rarely bestowed upon mere cows.

But these weren't just any cows. The herd of 410 Corriente cattle, Mexican-bred relatives of Florida's original scrub cattle, doubled for the wiry beasts that once roamed the fenceless peninsula, controlled by rugged "cowhunters" whose percussive whips gave them the common name Crackers. A team of modern-day Florida cowhunters pushed the cattle into a pen near a rodeo pavilion, ending the Great Florida Cattle Drive of 2006 on Dec. 9.

About 520 people - men, women and children - paid $200 per adult, $100 per child and $25 per horse or mule to take part in the roughly 50-mile trek through Osceola County, a reenactment of Florida's 1800s cattle drives. The five-day excursion was enough to make Lakeland's Jerry Baxter long for time travel.

"I would love it; I think I was born 100 years too late," said Baxter, 67, one of a dozen Polk Countians who took part. (His brother, George, a Sebring resident, joined him.) "That's the reason we came - because of heritage, to find out a little bit about it. We've been in Florida all our lives and don't really know that much about the old-time cowboys."

While the gathering stirred fond musings on Florida's past, it also spawned wistful thoughts about the future. An elegiac mood hovered over the journey, a reprise of a first cattle drive held in 1995, and many riders said it was likely to be the last such large-scale march held in Florida.

Lynn Yarborough, whose family has been ranching for four generations in Seminole County, described her mood as "bittersweet, definitely bittersweet."

"This is the end of an era, because there is very little contiguous property left," said Yarborough, joined by her 10-year-old nephew, C.W. Yarborough, whose mother was pregnant with him when she rode in the 1995 drive. "Eleven years ago, we did a 70-mile drive, and this year we got 30 miles (actually 50), and it was quite difficult to get that accomplished."

Doyle Conner Jr., son of a former Florida agriculture secretary, likened the professional cowboy to Florida's endangered species.

"What I think is important is that the memory of the Florida cowhunter and his lifestyle and his character and his unique way of doing things not be lost to time," said Conner, 50, a rancher in the Panhandle. "My purpose, almost my purpose in life, is to see that the memory of that legendary figure doesn't go quietly into the night."

living history, modern adventure

The original Great Florida Cattle Drive showcased those cowhunters, with each of Florida's 67 counties sending one designated cattle professional. Some 700 participants rode on horseback, and others made the trek in 100 horse-drawn wagons.

That journey started near Highway 60 and ventured north, ending at the Silver Spurs Arena in Kissimmee, a path now blocked by the spread of subdivisions. This time, the drive began about 10 miles south of St. Cloud and headed south to Kenansville, traversing several private ranches as well as state-owned land.

For the 2006 version, participants were divided into six regional "circles," with riders wearing bandanas of various colors (orange for the region including Polk County). Each circle got at least one opportunity to join the cowhunters at the front of the pack.

The drive was strictly symbolic, an homage to Florida's cowboy history and its modern agriculture industry, which maintains 1.7 million cattle. The cows being driven were not beef cattle bound for market but roping cattle on temporary assignment.

The planners sought a semblance of 1880s authenticity, banning sneakers, ball caps or other blatantly modern attire. The riders largely complied, with most wearing boots, flannel and cowboy hats, but anachronisms still abounded. The neighing of horses competed with the ringing of cell phones. Some riders carried global-positioning systems on their saddles, and portable toilets obviated the need for more primitive options. Chuck Odom, a Georgian, kept a dental floss pick in the band of his cowboy hat.

Much of the drive traversed established dirt roads rather than wilderness, yet at times, amid the vast expanses of Overstreet Ranch or the palmetto flatwoods of Three Lakes Wildlife Management Area, it was possible to envision an earlier Florida devoid of highways, a place where cow hunters spent weeks driving their herds to market.

"Today, driving those cows, we carried them through areas that are pretty tough for driving cows," Lakeland's Ken Sutton said on Thursday. "You wonder how you can make them go through the water, but if you've got enough people driving them you can actually drive them any kind of way you want to."

Jordan Mullany was one of many children on the drive, joining her parents, Tom and Alison Mullany of Groveland.

"It's been like an adventure," Jordan, 8, said after Thursday's 12-mile ride. "I saw two deer today, a buck and a doe, and a rabbit. And a snake, a black racer."

The team members came from varied backgrounds, but most had never ridden in such a large group before - nor had their horses. Jerry Baxter's horse bucked for the first hour before settling down. Several riders dropped out after the first day.

"If you bring a young horse here riding in all this crowd, by the time you get home you'll either be bonded or one of you will be dead," said Charlene Bielling, a Marion County resident riding a gelding named Oops.

The horses' rumps were marked with orange paint slashes, and a few had additional decoration. Joan Sutton of Lakeland tied a red ribbon on the tail of Little Lady as a warning to others of the mare's tendency to kick.

"You see horses bucking people off, laying down in the water, getting off in mudholes, kicking people, running into trees," said Ken Sutton, her husband.

Mark Davis, a veterinarian from Arcadia, signed up for the drive as a civilian, hoping simply to take photos. But shortly before the start, planners asked him to lend his medical services.

Davis was summoned Thursday to examine a brown horse named Bobby, the steed of Skeeter Bowers, a Seminole Indian serving as a cowhunter. Davis applied a stethoscope to Bobby and examined his gums, finding a paleness that indicated colic, a bowel problem. He slid a long, plastic tube through the horse's left nostril and deep into its digestive tract, pumping in water from a bucket, before urging Bowers to take Bobby to a veterinary hospital for intravenous fluids.

Another horse required an infusion of electrolytes and an injection of vitamin E and selenium to combat the buildup of lactic acid. And it wasn't just horses feeling the effects of the long march.

"Yeah, you feel tired at the end of the day," said Ken Sutton, 67, sitting before a campfire one evening. "But it's, I'd say, a relaxed-type tired."

Even for those not fatigued, an early bed on Thursday evening helped prepare for the following morning, when Alturas resident David Hunt - circle boss for the Polk region - banged a cowbell at 5 a.m. to rouse his crew, who left their tents to the ever-present smell of horse manure.

compadres

The drive drew a mix of ages, genders and backgrounds, including Florida Agriculture Commissioner Charles Bronson, who rode for one day. But there didn't appear to be any black participants - a decided break from historical veracity. Conner, noting that one-third of 19th-century cowboys were black, Hispanic or American Indian, said organizers didn't exclude anyone and would have welcomed black riders.

Pedro "Pete" Garcia, a Cuban native, came to the cattle drive from Clewiston not knowing anyone else who would be riding and "scared to death" he would feel isolated, but he soon found a group of fellow Cuban-Americans and ended up camping with them each night.

"I thought it was going to be a lonely thing, and then I met all my compadres," Garcia, 60, said with a grin. "We're all drinking Cuban coffee and having a good time."

The Seminole Tribe of Florida was well represented, fitting for a group that began ranching in the 1500s after horses and cattle arrived in Florida with Spanish explorer Juan Ponce de Leon. Skeeter Bowers and other Seminoles wore the lime-green bandanas of the cowhunter circle, and Billy Joe Johns drove a horse-drawn, covered wagon that also carried his wife, Tara, and their 8-year-old son, Jobe.

Johns, a prosperous rancher who grew up on a South Florida reservation, loaned about a third of the cattle for the drive. He drove his wagon from camp before sunrise Friday morning to follow the herd, as Jobe remained asleep inside. A bald eagle glided overhead and landed atop a power pole along Joe Overstreet Road as the horses' bells tinkled.

The caravan moved along at about 4 mph, the equivalent of a human's brisk walking pace, and planners provided portable water troughs at regular intervals. Skeeter Bowers appeared atop Bobby, the horse treated for colic the day before, reporting with relief that Bobby had "used the restroom two or three times." Both horse and rider made it to the end of the drive.

Jobe eventually emerged from the wagon, shivering in the chill. Describing himself as "born with boots on," he told of being kicked by a horse at age 3 in Idaho. (His father said it was more of a gentle push.) The brown-haired, green-eyed third-grader strapped on a pair of spurs and climbed astride his chestnut-hued horse, Cash, explaining, "You tickle the horse, and it makes them go."

lamenting what's lost to growth

Riders camped each night in tents, their horses tied to lines strung between trees. As night fell Thursday at Overstreet Ranch, on the shore of Lake Kissimmee, dozens of campfires pierced the darkness and sent forth a smoky aroma.

The Polk County contingent gathered around one such fire, resting on camp chairs, roasting marshmallows on palmetto stalks and chatting.

"Sitting around a fire like this, talking, that's the joy of it," Ken Sutton said. "That's one of the natures of the cowboy life."

Sutton reminisced about learning to ride horses at age 4. He said neighbors in Lakeland took him along as a child on two-day cattle drives from Kissimmee to a market at Holopaw.

"They let me out of school for that; I did that for 16 years," he said in a rich drawl. "What they'd do is four or five different ranches would get together and get the cows they wanted to take down and maybe five or 10 people from each one of the ranches. Today, you got trucks, and you just load them up. I guess the real beauty of something like this is to do it again knowing there is still some open land to be able to ride on."

The rapid disappearance of pastures in Florida was a common topic of conversation around campfires and inside the chow tent.

"There is a plague in Florida, and it's called dirt peddlers; you might call it real estate," said Carl Sharp, a self-proclaimed Cracker cowboy poet and the drive's oldest participant at age 92. "It's real, real sad."

Tyler Pella, 11, looked every bit the cowboy as he stood beside Sharp in the campfire's orange glow. His father, Louie Pella, has a small ranch and has worked as a cowhand in Hardee County for years, but these days he gets more income from building fences for new subdivisions.

Tyler rode a paint horse named Shorty, one he said has "Cracker blood in him." His family has worked cattle for four generations, but he worried about the future of the cowboy life.

"It makes me feel bad, because this is part of a lot of people's history, and if it ends a lot of people will be left without jobs," Tyler said. "Cowboys, that's all they've done for their lives. That's all they know, riding a horse. The way things are looking, some people might not be able to do this kind of thing."

'This is our heritage'

Symbolism abounded at the end of the cattle drive as two men rode in tandem directly behind the herd, leading the parade of wagons and riders.
Mike Wilder, a cattleman, represented the remnant of working cowboys in Florida, while Andrew Bowers, a member of the Seminole Tribal Council, reflected the agricultural heritage of Florida's native people.

The drive culminated in the Florida Cow Culture Celebration, and banners hung at Kenansville's rodeo pavilion incongruously featured a stylized version of "Kissimmee," with the two M's forming peaks suggestive of Walt Disney World's Space Mountain roller coaster ride. Kissimmee, 50 years ago literally a cow town, now has a main strip lined with neon-lit shops peddling souvenirs to tourists.

Robert Burney, one of the cowhunters on the cattle drive, worried that the shadow of the Magic Kingdom's Tomorrowland might eclipse the proud past of Florida's cowboys.

"This is our heritage; that's what Florida was built on," Burney said. "There's still so much more to Florida than Mickey Mouse. Half the world doesn't even know Florida is a cattle state. It's real important to educate people on the cattle industry and what we're all about."

With the cattle safely delivered into their pen, Wilder looked on with satisfaction and spoke words likely to have been heard at the close of a genuine cattle drive 120 years earlier: "OK, boys, let's go get a drink."

Gary White can be reached at gary.white @theledger.com or at 863-802-7518.

Citrus Forecast A Bit Better

By GARY PINNELL
gpinnell@highlandstoday.com

SEBRING — Rainfall and cool temperatures came just in time to improve Florida’s orange crop, the U.S. Department of Agriculture said Monday.

But it likely will make little difference, the executive directors of the Highlands and Hardee county growers associations said Wednesday.

The USDA upgraded expectations for Florida oranges by 4 percent to 140 million boxes of fruit. That’s up from 135 million boxes predicted in October, which would be the worst crop since the 1989-90 season.

It’s still a rather bad crop, said Barbara Carlton, executive director of the Peace River Valley Citrus Growers Association

“I don’t think that’s enough of a chance to influence prices, and consumer and grove prices don’t correlate anyway,” Carlton said.

Most Highlands growers thought the revised estimate would go down by 3-4 million boxes, not up by 5 million boxes, said Raymond D. Royce, executive director of Highlands County Citrus Growers Association Inc.

The expected shortfall has driven up supermarket and commodity exchange prices, because the Sunshine State produces about 90 percent of the juice on U.S. shelves.

If the revised estimate has any effect, it likely will stabilize retail prices, Royce said.

By now, most growers have sold their early-to mid-crop Hamlin oranges, even though they’re still on the trees, said Carlton. It could change the prices of Valencia oranges, which will be picked from March to July.

Both Carlton and Royce felt that perfect rainfall totals won’t substantially affect the size or quality of the orange crops to be harvested in early 2006. But a freeze could damage the fruit and cause it to drop early, or June and July hurricanes could knock the fruit off the tree.

Crop estimates can change in one of two ways, Royce said. Fruit can become more full of juice, filling up a 90-pound box with fewer pieces of fruit. Trees can also produce more fruit, but that’s not likely, he said, because the number of fruit is determined when the tree blooms. That’s when rainfall is critical.

The Associated Press contributed to this story.

Restriction Leaves Kumquat Growers Out On Limb

Published: Dec 17, 2006

DADE CITY - Frank Gude can't understand it.

First, the United States Department of Agriculture told him he can't ship kumquat leaves and stems north of the *Suwannee River.

Then, last week, the USDA announced it will allow certain kumquat plants to be shipped out of state, just not the leaves and stems Gude ships from his St. Joseph business, Kumquat Growers.

"If they are allowing them to ship plants, why don't they allow us to ship kumquat branches?" Gude asked Friday. "They're the same thing."

In an effort to stop the spread of citrus canker, the USDA this year enacted a rule restricting Florida citrus growers from shipping to other citrus-producing states.

The restriction concerned Pasco's kumquat growers because it also prohibited the shipment of kumquat leaves and stems anywhere north of the Suwannee River. Leaves and stems account for about 40 percent of Gude's sales each year.

Last week, the USDA lifted the restriction for kumquat plants shipped with their own roots. This generally applies to potted plants grown in nurseries.

Gude's leaves and stems are clipped from trees in area groves, meaning they cannot be shipped. Stephen Poe, a plant pathologist with the USDA, said the restriction on plant material clipped from trees isn't likely to be changed for at least six months.

"They're still trying to get some help from us, but it's not clear there's going to be any way to relieve the problem for them short of going through a rule-making process," he said. "We're in the midst of that right now, but it's, like, slow."

Poe and other canker experts acknowledge kumquats have shown a great deal of resistance to the disease.

"Are branches cut from groves riskier [for spreading canker] than plants in gallon cans?" Poe said. "I don't know. It can be argued that maybe because of the condition of nursery stock and it being a more carefully controlled environment it's less of a risk. I don't know how valid that argument is."

Kumquats are small, tart-tasting ovals harvested from November to March. Gude and the area's eight other growers have made Pasco County the unofficial kumquat capital of the world.

The holiday season is pivotal for growers and sellers of the fruit. People who celebrate Chinese New Year purchase kumquats with leaves and stems to give to friends. Kumquats also are used as a garnish with many holiday dishes.

The restriction is taking a toll on Kumquat Growers, though it's not threatening the business, Gude said. Normally, the company sells about 1,200 bushels a week in December, he said. This month, they've been averaging 800.

"The thing that really concerns me is whether we'll be able to sell all of our fruit," Gude said. "At this rate, if we have as much fruit out there as I think we do, we may get to the point where we won't be able to pick it fast enough. It's only good for a length of time, and then it starts to get overripe on you."

Reporter Todd Leskanic can be reached at (352) 521-3156 or tleskanic@tampatrib.com.

Author chronicles state's hurricanes, citrus

Experts plant guava to save citrus

ORLANDO — Researchers will study whether placing guava trees in orange and grapefruit groves can protect the citrus crop from a devastating disease called greening.

The technique has been used in Vietnam with dramatic results, deterring both the insects that spread greening and the bacterial disease itself, according to top researchers at a federal laboratory in Fort Pierce.

The U.S. Department of Agriculture has within the past week bought or ordered every guava plant it can find — 15,000 to 20,000 so far — with plans to quickly establish field tests in South Florida.

"We're not saying this is the silver bullet, but this shows significant potential," said Calvin Arnold, director of the USDA's Horticultural Research Laboratory.

Vietnam has little citrus, but some small plants there have survived at least 15 years despite the presence of greening — and preliminary tests hint that it has a protective effect from "volatile compounds" given off by guava, said Tim Gottwald, a plant pathologist who learned about the technique during a recent meeting in Japan.

Greening was first confirmed in Florida in 2005 but since then has been found in 13 South Florida counties — and the psyllid insect that spreads it is common throughout the state, giving the research extra urgency.

The disease is difficult to detect, ruins fruit and eventually kills trees.

Insect specialist David Hall of the USDA said the preliminary evidence seems to show that guavas suppress the levels of other insects that damage citrus such as aphids and leaf miners, which contribute to the spread of canker.

Oviedo Citrus grower Rex Clonts said Friday he was unfamiliar with the guava initiative, but he expressed hope that it holds the potential for relief.

"It's such a devastating disease. It's got us all scared to death," Clonts told the Orlando Sentinel. "I'm worried about what I'm going to have to spend to try to keep it out of my grove."

Gottwald said the research by Vietnamese and Australian scientists is very recent, and the small, invitation-only meeting in Japan about a week ago was the first time that the evidence involving the guava had been publicly discussed.

Guavas emit numerous compounds, and part of the Florida research will be to see if researchers can isolate which ones may be producing the deterrent effect.
Author chronicles state's hurricanes, citrus LAKE ALFRED, Fla. - Journalism is the first draft of history, as they say in the profession.

John A. Attaway Sr. has written the second draft.

The title of his newly published book, ''Florida Citrus 2004-2005 Hurricanes,'' encapsulates his subject, a period that almost certainly will be remembered as a historic transformation of the Florida citrus industry. Separately the hurricanes will be remembered as Charley, Frances, Jeanne and Wilma.

''In journalism you have the first draft, but unless you save the newspapers, it's gone. If you put it in a book, it's more likely to be saved,'' said Attaway, 76, the retired director of scientific research at the Florida Department of Citrus.

This is the third - ''and the last,'' Attaway said - book he's authored on the impact of weather on Florida citrus.

The first, ''A History of Florida Citrus Freezes'' published in 1997, chronicles how frozen weather changed the industry from 1835, the first ''impact freeze,'' through the decade of freezes in the 1980s and ending in 1997. There have been no major freezes since. An impact freeze causes a significant destruction of fruit and trees, thus transforming the industry. The impact freezes of 1835 caused the state's citrus industry to move from north to central Florida, and the 1980s freezes caused a movement farther south.

Attaway's second book, published in 1999, seems prescient now. ''Hurricanes and Florida Agriculture'' dealt with the impact of the storms on citrus and other crops.

At the time, the last major hurricane affecting the citrus industry and Polk County was Hurricane Donna in September 1960. The book also deals with hurricanes that caused major damage in the 1920s and 1940s, but that was minor compared to the recent storms because the citrus industry was so much smaller, Attaway said.

Those books reflected Attaway's lifelong interest in science, particularly meteorology, and history.

His interest in meteorology goes back to 1950, when Hurricane King lashed Florida on Oct. 17 and 18 followed by a freeze that November. He was a chemistry major at Florida Southern College that year but also worked in the family's groves around Haines City.

''I was always interested in the freezes. I can still remember the freeze of Nov. 26, 1950, when I was firing a grapefruit grove,'' Attaway said.

Before widely adopting the modern method of freeze protection with ''microjet'' irrigation sprinklers by the 1990s, Florida growers ''fired'' a grove with the heat from burning wood, old tires and kerosene in ''smudge pots'' to protect the trees and fruit. ''This had been an interesting year for weather, and had I not been committed to a chemistry major, I would have shifted to meteorology,'' Attaway wrote in the forward to the 2004-05 hurricane book.

His interest in history goes to his boyhood in Atlanta, the site of four Civil War battles, he said.

''There was always a lot of consciousness of history. When we played as kids, we used to find mini-balls in the ground,'' Attaway said of his formative years.

''Mini-balls'' were what the local children called the ammunition Civil War soldiers fired from their muskets.

Attaway also had considered majoring in history at Florida Southern, he said, but he was dissuaded when his father asked how he would make a living with that degree.

Once the impact of the 2004 hurricanes became clear, friends urged him to write a third book on the subject, Attaway said.

Charley, Frances and Jeanne destroyed more than 30 percent of the 2004-05 fruit and trees, but they caused more long-term devastation by spreading the canker bacteria across the state. Polk, the state's largest citrus producer, was the only county to experience all three hurricanes.

The 2004 storms led to the destruction of nearly 90,000 commercial citrus acres in Florida before state and federal officials ended the Citrus Canker Eradication Program because the disease had spread beyond their ability to eliminate it.

Attaway had just finished the research and writing for his third book when Hurricane Wilma hit Oct. 24, 2005, he said. Because Wilma also caused major crop damage and spread canker even more than the 2004 hurricanes, Attaway decided he had to include it in the book.

Like his previous two volumes, Attaway filled his third book with many facts and meteorological details.

Unlike the previous books that relied chiefly on the printed record through more than 100 years, ''Florida Citrus 2004-2006 Hurricanes'' employs many fresh, first-person recollections of the hurricanes' impacts. ''I've certainly seen orange groves in the Wauchula area that have close to 90 percent of their fruit on the ground,'' the book quotes the late Jim Griffiths to whom Attaway dedicated the book. ''There are more trees ripped up or pushed over east of Alturas and along the Ridge south of Lake Wales than I've seen elsewhere in Polk County.''

The book also differs from the first two volumes in format - 8.5-by-11-inch glossy pages that include many color photos of the hurricanes' aftermath. The first two used a 6-by-9-inch format with no color.

Attaway also included some touching human stories not related to citrus. One relates the experience of a Wauchula man cleaning up his yard the day after Charley.

A stranger from Tampa pulled up in his car and offered to let the man use his generator and a supply of gasoline for free for as long as he needed it. The man, who never gave his name, explained he bought the generator when it appeared Charley would hit Tampa but decided to lend it out since he escaped the storm.

''I just thought that was a beautiful story that shows how humane people can be,'' Attaway said.

Walt Kender, the retired director of the Citrus Research and Education Center in Lake Alfred from 1982 to 1996, said he was fascinated by the personal accounts in the new book.

''It's almost a minute-by-minute account in how they handled things,'' said Kender, who wrote the foreword to all three books. ''Especially the citrus audience will appreciate reading the experiences of many people they know.''

Both hurricane books are available from the publisher, Florida Science Source Inc., at P.O. Box 8217, Longboat Key 34228-8217 or through Internet book sellers.

State Asks Toll Agency To Chip In On I-4 Link

Published: Dec 17, 2006

TAMPA - The state is asking the embattled Tampa-Hillsborough County Expressway Authority for millions of dollars to help defray the escalating cost of building a toll road connecting Interstate 4 to the Lee Roy Selmon Expressway.

The project is more than two years from breaking ground, but costs are piling up and the state is faced with a choice: look for funding elsewhere or possibly delay the project.

Department of Transportation engineers in 2005 estimated two of the project's three construction phases at $221 million.

A year later, they said, those costs ballooned to $297 million, mostly because of higher prices for concrete and steel.

State officials won't say how much they want the authority to contribute. A decision might come in a couple of months, said Scott Collister, director of transportation development for the DOT district that includes Tampa.

But an early estimate provided to the authority pegged the amount near $50 million.

Also unknown is whether the added costs would cause an increase in the projected toll rates for driving the connector.

The four-year construction project is supposed to get under way in 2009. It has been talked about in some form by state and local transportation planners for almost 20 years as a possible way to relieve congestion in Malfunction Junction and speed traffic to and from downtown Tampa.

Transportation planners say the project is on schedule, but they cannot say whether the timetable will change if the funding question lingers for months.

All of this comes as a state audit is questioning the authority's spending practices and legislators talk about changing the complexion of the authority's board. In addition, the authority's executive director recently resigned and a search for a replacement is under way.

Bewildered By Material Costs

The Department of Transportation anticipated some cost increases when it updated the connector project in the spring. An overhead, electronic toll gantry and other design changes added $10 million to the price.

But a huge spike in material prices, namely concrete and steel, inflated two construction phases by $66 million.

The department suddenly faced a dilemma: It could try to spread out the costs over successive budget cycles and possibly delay the road's opening, or it could ask the expressway authority for money to keep the project on schedule.

The state's request caught the authority by surprise.

"We were not anticipating that," said Martin Stone, planning director for the authority.

The surge in material prices isn't isolated to the Tampa Bay area.

The American Concrete Paving Association says competition has driven demand, and a 34 percent escalation in asphalt prices has many road builders switching to concrete.

Concrete prices have jumped 20 percent from two years ago. Steel prices are up 23 percent from a year ago. Rising oil prices, meanwhile, are affecting transportation and manufacturing costs of all construction materials.

"Making it and getting it there now costs a lot more," said Robert Rodden, director of technical services for the association.

The authority, which is eager to see construction begin, hasn't ruled out floating 30-year revenue bonds to raise the money. That option is fraught with complications, though.

Among the authority's concerns is whether the new debt will affect its ability to finance future projects. The authority also must consider whether the debt will affect tolls charged to drivers using the Selmon and I-4 connector.

"First we have to see if we can do it. Then we'll figure out how to do it," Stone said. "There's also a fairness element. We can't just charge people whatever we want. We have to ensure that people entering the Selmon are paying equitable rates."

Finding A Balance

The expressway authority's consultant, South Carolina-based Wilbur Smith Associates, is running scenarios using 50-cent and 75-cent toll models to predict the fiscal effects.

Cars and trucks would be charged tolls on the connector whenever they entered or left the Selmon.

Officials haven't decided whether to charge trucks bound for the Port of Tampa. Trucks using the connector would ride in a separate lane and not enter the Selmon.

The notion of special truck lanes is novel in Florida. Engineers made it a critical component of the connector project as a way to ease truck traffic in Ybor City, a national historic landmark.

The authority could use the toll money from trucks to service the debt the state is asking it to incur.

Yet charging tolls along the truck-only lanes could force many drivers back into Ybor on alternative routes.

Stone said the trick is finding a balance between the authority's needs and those of drivers, whether in trucks or cars.

Meetings between the DOT and the expressway authority are scheduled in the next few weeks.

The authority has contributed an estimated $3 million, plus millions more in federal grants, to the project's design. About 60 percent of the design work is complete. About 70 percent of necessary rights of way on 31st Street and nearby roads have been acquired.

State transportation officials haven't put a final price tag on the project, though. It was last estimated at $550 million, which includes design and land acquisition.

Stone said the authority should know within weeks how much money it can raise for the project.

"That's a question I just can't answer at this point," he said.

Reporter Rich Shopes can be reached at (813) 259-7633 or rshopes@tampatrib.com.

'Where East meets West'

In the 'new world' of Orlampa, hopes grow

Kelly Griffith
Sentinel Staff Writer

December 17, 2006

POLK CITY -- Long-time Polk County resident and developer Jesse Douthit will oversee much of what happens at Interstate 4's Exit 44 in coming years.

As vice president of Orlampa Citrus, chief operating officer of the "World's Greatest Aircraft Collection" and head of Builders of Orlampa, a company owned by airplane aficionado and landowner Kermit Weeks, Douthit says the future look of the Polk City interchange pretty well belongs to Weeks.

And Douthit says never to underestimate his boss.

"He's something, let me tell you," Douthit said.

Weeks, owner of Fantasy of Flight, the World's Greatest Aircraft Collection at the exit, promises the interchange will transform into a sprawling entertainment attraction in coming years. He envisions three theme parks, a hotel, restaurants and shops. He is already moving signs closer to the interstate, signaling a more apparent entrance into his fantasy world.

"As soon as you get off the interstate, you'll see our signs," Weeks said.

Already, the I-4 corridor is showing signs of future growth.

Planned along its path are:

University of South Florida -- Lakeland campus, expected to have 13,000 students by 2015

A $53 million state park at Gator Creek, being developed now.

Several developments of regional impact including ChampionsGate, which ultimately has planned 2,279 hotel rooms, 2,563 residential units, 258,000 square feet of office space and 419,200 square feet of retail space, along with the Omni hotel. Build-out is still another five or six years away.

As the area between Orlando and Tampa continues to develop wildly, the University of Florida's Bureau of Economic and Business Research estimates a 43 percent jump in population in Polk County by 2030, including a 141 percent jump in the number of Hispanics and a 109 percent leap in the 65- to 79-year-old population.

Some longtime residents watch the changes along the I-4 corridor with disbelief, and even those involved in development sometimes are amazed at what they see.

Even Douthit, 60, who drives some of the same roads from his home in Auburndale that he was responsible for helping build five years ago, finds himself looking in amazement at the fields of homes going up near his own.

He is responsible for managing construction of more than 200 commercial buildings in Polk County, including many of the new physicians' offices up and down U.S. Highway 27 in Haines City and Webb's Citrus Candy Factory, a county icon.

Building is nothing new to Douthit, but some of what's happening in Polk County doesn't appeal so much to this longtimer. He is glad to have a hand in continuing what's happening along I-4, believing he can make a difference in shaping Polk's stretch of the highway.

Part of his concern is that he is raising two children, ages 9 and 7, he hopes will want to live in this new world he helps build. Weeks' bigger vision for the corridor has been infectious to him.

He is not just thinking of the corridor as a connector to Orlando and Tampa, but to the world.

"I'm not just looking locally. I'm looking globally," Douthit said.

"I'm thinking 'how can I prepare them to compete in a global economy?' In the future, there will be better economic opportunities, different opportunities. They need to be prepared to be a part of that."

Economic-development officials tout the I-4 corridor as a vein to more opportunity if government and business officials take advantage of the opportunity.

Developments such as the USF campus and more collaboration across the region could spark more high-tech industry, experts say. The transportation opportunities available through the highway alone are assets to be tapped, they add.

Regional planners say collaboration is key. Groups such as MyRegion.org have conducted a series of public meetings, gathering comments from thousands of residents and presenting leadership forums to discuss those issues.

The latest leadership forum is available online at my region.org/HowShallWeGrow/RegionalLeadershipForum/ tabid/172/Default.aspx.

And when groups such as MyRegion.org gather in the future, Weeks hopes they might pick a spot halfway between the two largest cities, Orlando and Tampa: his new Orlampa Conference Center, which offers audio-visual equipment and other conference amenities.

He touts: "It's where East meets West."

Kelly Griffith can be reached at kgriffith@orlandosentinel.com or 863-422-5908.
ABOUT THE SERIES
Lured by jobs, affordable housing and open space, snowbirds and retiring baby boomers, alongside Hispanic families and young immigrants, are turning the 85-mile stretch between Tampa and Orlando into one indistinguishable metropolitan area.

ONLINE EXTRA

Meet some people whose lives are being affected by "Orlampa" and find out what planners recommend we do to help control growth of the new "mega-region" in an interactive presentation at OrlandoSentinel.com/orlampa.

DeBary commuter rail station in planning stages


DEBARY -- A commuter rail station could carry West Volusia residents to Orlando-area jobs and bring workers from other counties into DeBary.

That's the local vision for a rail station scheduled to begin service in 2009 on the city's west side. The station would be at the end of the planned Saxon Boulevard extension that will run through offices and light manufacturing developments.

Details for the rail system were discussed last week at a regional meeting of city and county planners based along the planned corridor.

The concept of cross-flowing riders could work, said an expert on transit development.

"There is nothing wrong with that concept for Volusia County," said Paul Morris, an urban development specialist with Parson Brinckerhoff, who is assisting Central Florida commuter rail officials on station design and neighborhood development issues. "There is no one size fits all. Each station must be customized to each community."

To handle transportation needs of the region's future population, the state is buying 61 miles of CSX tracks stretching from DeLand through Orlando to Poinciana for the commuter rail system. The four counties along the rail line will design and build their own stations.

Road improvements alone will not handle the region's anticipated future growth, rail project manager Tawny Olore said.

The first phase of the service is slated to start in December 2009 with 10 stations between DeBary and the Orlando Amtrak station.

The second phase would open in 2013 with five stations between Orlando and Poinciana. There is no timeline to extend the system north from DeBary to DeLand.

At the meeting, planners studied how other cities have successfully designed stations and developed or redeveloped areas around stations to attract riders. Examples included mixed-use villages, high-rise apartments and rail-based neighborhoods from Dallas and Charlotte, N.C.

Early planning is critical, Morris said. As an example, he cited the city of Arlington, Va., located along a busy commuter line outside Washington, D.C.

The rail line was established in 1978. Today, 25 percent of all homes and 37 percent of all jobs are located near the line.

The examples fit existing conditions in Winter Park, Maitland, Altamonte Springs and even downtown Orlando.

But not DeBary, where the station is planned within 1,200 acres owned by Progress Energy. The company's power plant is about a mile away from the planned station, and some City Council members, while acknowledging the rail line will benefit workers, question whether residential uses would be desirable near the site.

"I think our council expects it to continue as industrial," Mayor George Coleman said.

Vice Mayor Patrick Fulton envisions a high-tech industrial/professional office park. So does Councilman Jack Lenzen.

"It is not in the city's best interest, or Progress Energy's, for higher residential density. I am against that," Lenzen said.

Progress Energy spokesman C.J. Drake said the company is waiting for city and county officials to present a plan to the company. He warned that officials should be "mindful" of proposing any non-utility or non-industrial use close to the power plant.

Volusia County Economic Development Director Rick Michael said he's trying to bring the parties together to discuss the rail station site and future development plans.

"The intent was for it to be an employment center and it still is," he said.

DeBary has communicated with a handful of companies seeking to expand and relocate from land-locked sites in Seminole County and still be close to existing workers, Michael said.

Springview Industrial Park quickly built out after five years. The Progress Energy site could be a repeat.

"There is a ripple effect with these developments. First the trains, then the jobs, housing and services," Morris said. "There are doubts about commuter rail before they see it. But people will change their opinions if it's done right."

His advice to rail station planners: "Don't screw it up. Do it right the first time

Residents fighting limerock mine sue Center Hill

Bill Koch
Staff Writer

CENTER HILL - Attorneys for two Center Hill residents filed suit late last week against the city and a limerock mining company arguing that the city Council violated laws in annexing the land.

Tallahassee attorney David Theriaque said his clients were "denied ... procedural due process" and that the city Council's Nov. 15 decision to annex the Sumter Cement property violated laws.

Clyde McBryde and William Sanders hired the law firm, Theriaque Vorbeck & Spain, earlier this year to contest the city's plans to allow Sumter Center to build a mine and cement plan on 1,033 acres along County Road 48.

The suit argues that the Council erred in approving the annexation ordinance and is asking a judge to "quash the city Council's decision."

Theriaque also wants to overturn the results of the Dec. 5 elections, which returned the three incumbents to the Council.

The challengers are named as defendants against the city; the others are: the Sumter County Canvassing Board, the city's canvassing board, City Clerk Diane Lamb and the three incumbents in the suit filed late last week.

Theriaque also asked the state attorney's office earlier this month to investigate alleged voting "irregularities."

He argues that the incumbents - Bubba Hodge, J.R. Smith and Jimmy Smith - received disproportionate numbers of absentee votes and would have lost if only the election-day ballots were counted.

Hodge got 63 votes to Bill Sanders' 60 and Doug Cook's 25. Sanders received no absentee votes; Hodge had 35. J.R. Smith had 71 votes to Lee Davidson's 54 and Billy Bowles Jr.'s 21. Smith received 38 absentee votes; Davidson got two and Bowles, seven.

Jimmy Smith beat former mayor and councilwoman Cassie Brown 88 votes to 57. Brown had two absentee votes to Smith's 45.

More than 40 percent (150) of Center Hill's 363 voters cast ballots, the highest percentage this year in the county.

"I don't understand why they're doing this," Lamb said Saturday. "The State Attorney is investigating this. Every signature (on the absentee ballots) is verified through the (county) elections office."

She also questioned Theriaque's motives in releasing the information late in the week and on the weekend, when public offices are closed.

Last week Lamb said the discrepancies Theriaque described can be explained by what she called heavy-handed election-day politicking.

She said Sanders and Brown spent most of the day at the polling place, while the incumbents were rarely seen.

Decisions on growth should be consistent

A Times Editorial
Published December 17, 2006

The Hernando County Commission's vote last week to deny a proposed shopping center near the main entrance to the Glen Lakes subdivision north of Weeki Wachee was not a sound growth management decision. It demonstrates an inconsistent approach to a key component of the comprehensive plan that is intended to limit direct access to major roads, in this case U.S. 19.

The commissioners rejected the recommendation of their planners and traffic engineers, who advised that access to the retail center be from a frontage road that would run parallel to U.S. 19 and connect to Glen Lakes Boulevard.

Frontage roads make busy highways safer by controlling the flow of traffic. Examples of bad planning, in which virtually every business has an entrance onto a major artery, are evident on U.S. 19 in Pasco and Pinellas counties, where traffic is congested and signals have been placed too close together.

As Hernando County has grown, it has incorporated frontage roads into its development agreements. However, the commission's will to follow its staff's recommendations, and implement them routinely, has been uneven. At times, the board is inflexible with developers, but other times it waives the rules to placate complaining residents.

Such inconsistent rulings invite lawsuits, and the county has defended or negotiated its share. Decisions such as this one increase that possibility.

But the long-term threat is to motorists who will endure added risks to their safety and convenience because the commission was more interested in political expediency than uniformity.

Parochial opposition from residential pockets should not be dismissed. Commissioners have every obligation to weigh those concerns. But the commissioners should not deal with frontage road issues in a piecemeal fashion. Either they are committed to the concept of good traffic planning they have adopted, or they are not. It is unfair to developers for the commissioners to be arbitrary in their rulings, and it is unfair to residents, who cannot rely on their elected representatives' willingness to apply that policy equably.

Property tax solution? Just double Florida's sales tax TALLAHASSEE - Tired of high property taxes? Would you rather pay more sales tax? Say, 13.5 percent instead of Florida's current 6 percent?

That's one of the controversial options the state should consider as it looks to fix its problem-riddled property tax system, a governor-appointed task force recommended Friday.

But in a sign of how difficult it will be to change Florida's real-estate-based tax system, even some task force members warned that switching to a sales tax could spell doom for Florida's tourist-based economy.

Gov. Jeb Bush formed the Property Tax Reform Committee four months ago in response to growing outrage over Florida's property tax system.

Not only have tax rates skyrocketed for commercial and investment properties due to increased property values, but inequities among neighbors are also growing because of the state's Save Our Homes tax cap for homesteaded properties.

On Friday, the committee recommended investigating 12 concepts for how Florida might restructure, or possibly overhaul, its property tax system.

The ideas, some conflicting, range from the popular idea of allowing homesteaded property owners to transfer their Save Our Homes tax savings to new residences, to capping annual growth in local government tax collections. ''What we're doing now is killing people,'' said Rep. Carlos Lopez-Cantera, R-Miami, one of three state lawmakers on the governor's task force.

Friday's report, the first the committee has produced after six public meetings, isn't binding in any way. But it provides a road map for the options lawmakers and Gov.-elect Charlie Crist could consider during the 2007 legislative session and beyond.

It also highlights why property owners can't expect a quick fix, if there is a fix to be had at all, in a political climate.

Most of the ideas would require voters to approve an amendment to the state Constitution, but that's not likely to happen before 2008.

Plus, any change in the current system could require some voters to give up a benefit they already have such as the committee's idea to phase out the Save Our Homes property tax cap for homesteaded property owners.

Save Our Homes caps the increase in assessed value for a homesteaded property at no more than 3 percent annually, which has created significant inequities in tax bills between neighbors who buy similar homes just a few years apart. It has also shifted more of the tax burden onto nonhomestead properties, such as businesses.

''The more we play around the edges, the more you are continuing to undermine the fairness of the tax system,'' former Pinellas County legislator Curt Kiser testified before the committee Friday. ''And that undermines citizens' confidence in government.''

The most radical fix proposed doing away with all property taxes in favor of a bigger sales tax was first advanced by House Speaker Marco Rubio, R-Miami, and trumpeted by one of Bush's closest advisers and Rubio's new budget consultant, Donna Arduin. She also serves on the reform committee.

State economists predicted the sales tax would need to be about 13.5 percent to generate enough money to eliminate property taxes.

Local option sales taxes would be on top of that.

Hillsborough County Property Appraiser Rob Turner said raising the sales tax so sharply would change shopping habits and hurt Florida merchants.

''We're three hours from Georgia,'' Turner said, ''but there is going to be a chain of Wal-Marts along the Georgia-Florida line that would spring up in no time.'' One idea endorsed for consideration by the committee Friday might happen sooner than those requiring constitutional amendments. Lopez-Cantera said he already is working on a bill for the 2007 session that would change how commercial properties are assessed for tax value.

Currently, such land is valued based on its ''highest and best use,'' rather than its ''current use,'' which means small business can have high tax rates if their land is attractive to development.

Lopez-Cantera said he wants the change the law so business are taxed at the rate that fits the property's ''current use.'' Senate Majority Leader Daniel Webster, R-Winter Garden, said the idea could have a favorable hearing in the Senate.

''That is my favorite idea in the whole thing,'' said Webster, who runs an air conditioning and heating business that's been on the same site for 45 years. ''Why should you pay highest and best use when we're not doing anything different?''

HOUSE OF LIES | AFFORDABLE HOUSING

Housing chief built power, income

At the helm of the Miami-Dade Housing Agency, Rene Rodriguez steered millions of dollars toward developers who didn't deliver -- and paved the way for a lucrative future for himself.

BY DEBBIE CENZIPER
dcenziper@MiamiHerald.com

It was a triumphant night for Rene Rodriguez, nationally esteemed director of the Miami-Dade Housing Agency, who pumped hands and posed for pictures at a packed celebration marking the county's 20-year push to build homes for the poor.

Standing alongside builders and politicians at a hotel on Biscayne Bay two years ago, Rodriguez praised the unique county tax created in 1983 to pay for the ''dreams of homeownership'' for thousands of families.

But while lauding the county's ''surtax'' fund -- the first of its kind in Florida -- he was quietly steering millions of dollars from the coveted program to a small circle of developers who have yet to produce the projects they promised.

All the while, Rodriguez was paving the way for a lucrative future of his own.

Just weeks after the party, he retired from government and set up shop as a consultant.

Over the next two years, he was paid tens of thousands of dollars from at least seven developers who had received construction money from the Housing Agency when Rodriguez was director -- including Oscar Rivero, charged by the state attorney with using the agency's money to buy himself a South Miami house.

Now Rodriguez is at the heart of the most sweeping criminal investigation ever of the Miami-Dade Housing Agency.

The state attorney's office is combing through hundreds of documents to analyze Rodriguez's spending at the agency, his ties to developers and the money he was paid after he retired.

Some of the payments came from Citywide Development, which received a $1 million loan from the agency to build for the poor, but ended up selling some houses to real estate investors who flipped them for profit -- a breach of county policy. Citywide acknowledges paying Rodriguez for more than a year, with installments as high as $5,000 a month.

Another payment for $50,000 came from Rivero, whose development companies received $1.7 million for projects never delivered. Rivero's attorney, Lilly Ann Sanchez, would not comment.

Rodriguez not only took money from builders but formed a development company in late 2004 with Nestor Plana -- whose assisted-living firm was awarded the contract at the county's newest public housing complex. Plana said he paid Rodriguez ''several thousand dollars a month'' for more than a year to develop housing for the elderly, but no deals were ever struck.

It's not illegal for former county employees to do business with companies that have received government money and contracts -- Rodriguez even sought a county ethics opinion that cleared the way for him to do the work.

But after years of questionable spending with Rodriguez at the helm of one of the nation's largest housing agencies, investigators want to determine whether Rodriguez and others manipulated the system for personal gain.

One piece of evidence: files from the hard drive of Rodriguez's home computer detailing some of his business transactions. His estranged wife, city of Miami housing director Barbara Gomez-Rodriguez, acknowledges she turned over the information.

Her lawyers, Jose Quiñon and Javier Perez-Abreu, say they want a complete list of Rodriguez's consulting clients and earnings. Several of the companies that paid Rodriguez received city of Miami housing dollars -- deals that Gomez-Rodriguez now fears will be called into question.

''This has been a nightmare,'' she said.

Rodriguez, 54, has avoided the spotlight in recent months even as news stories, a grand jury investigation and government studies detailed widespread failures at the agency he left behind. The scandal has sparked countywide protests, the removal of seven employees and dozens of policy changes at the Housing Agency.

Rodriguez did not respond to requests for an interview, including two letters sent to his Miami Beach home. A call to his attorney was not returned.

The sudden fall of the former housing chief whose career spanned three decades in government has stunned local leaders.

EARLY CAREER

''I don't really remember any negatives about this guy,'' said former County Manager Armando Vidal, who appointed Rodriguez to lead the agency in 1996. ``That's why his behavior is so surprising.''

Rodriguez got his start as a draftsman, preparing maps and inspecting property for the county's building and zoning department.

At the same time, he studied psychology at Florida International University and eventually earned a master's degree in public administration.

In 1977, he took a job at the Housing Agency, nicknamed little HUD, to help develop services for public housing residents. He earned solid reviews, but was one of hundreds of bureaucrats in a massive agency.

By the mid-1980s, however, Rodriguez began to cultivate connections in government that would allow him to tap the upper echelons of political power in Miami-Dade.

He got involved in the county's Federation of Hispanic Employees. It was a turbulent time, with Hispanic workers claiming discrimination and hiring disparities in a county that had undergone dramatic demographic changes.

Rodriguez moved to the forefront of the debate, which pitted county employees against then-County Manager Sergio Pereira, Dade County's first Hispanic manager.

`HE BETRAYED US'

In July 1987, the group appealed to the County Commission on behalf of Hispanic workers. But when Rodriguez took the podium, he unexpectedly supported Pereira.

''I've seen some major steps taken,'' he told the commission. ``The administration warrants more credit.''

The turnaround outraged members of the federation.

''He betrayed us,'' said Armando Morcate, a federation founder.

The speech marked the beginning of Rodriguez's rise in government. In fact, records show, he received his first big promotion after Pereira in 1988 formed a spinoff agency, called the Department of Special Housing Programs, to manage rent subsidies. Rodriguez was named director of administration and later deputy director.

''I didn't need a deputy director,'' said Mario Marti, a county veteran who ran the program. ``We had the department moving very well, but Rodriguez wanted to go upward and upward.''

When Marti retired in 1995, County Manager Vidal appointed Rodriguez interim director. He was largely considered a capable and creative administrator with an interest in developing assisted living programs for the elderly.

But those who knew him said Rodriguez could be brash and at times dismissive, touting his political connections, particularly Alex Penelas, who became Miami-Dade mayor in 1996 -- the year that would change the course of public housing in Miami-Dade.

A SHOWDOWN

While Rodriguez moved up the ranks at Special Housing Programs, the county's other housing agency -- the Department of Housing and Urban Development -- was enjoying unprecedented success.

The agency had been on HUD's list of troubled programs since the mid-1980s for decrepit public housing. But director Greg Byrne -- whose 1992 appointment was praised by tenants and county leaders -- had helped reorganize. He introduced a maintenance program, acquired hundreds more housing units and launched countywide repairs.

But in 1996 just before Penelas became mayor, County Manager Vidal decided to merge the two housing programs, pitting Rodriguez and Byrne for the top job. In May, Vidal offered Byrne the job of deputy director, second in command.

It was widely known that Rodriguez was close to County Hall power brokers, including Penelas, Byrne said.

''They decided who they wanted to run it,'' he recalled, ``and they didn't choose me.''

Byrne quit. He's now at the Department of Housing and Urban Development in Washington, D.C.

Political veterans remember Byrne as a proven housing administrator.

Then-Dade state attorney Janet Reno, who had sued the Housing Agency in 1987 to force repairs, noted the improvements under Byrne's leadership. ''It seems somebody made a mistake in losing him,'' she recalled.

In May 1996, Rodriguez became director of what is now known as the Miami-Dade Housing Agency, in charge of more than 700 employees, a $270 million budget -- and a vital surtax fund fueled by tens of millions of tax dollars.

THE NATIONAL STAGE

In charge of the massive agency, Rodriguez became a high-profile leader.

He got involved in the Washington, D.C.-based Council of Large Public Housing Authorities, testified about funding issues before Congress and gained recognition nationwide for the development of the first public housing assisted living facility, Helen Sawyer Plaza.

He earned stellar evaluations, receiving a bump in pay between 1999 and 2004 by more than 50 percent to $173,800, records show.

''He knew how to think outside the box,'' said former Assistant County Manager Barbara Jordan, now a county commissioner.

In 1987, Rodriguez had married Gomez-Rodriguez after they ran into each other in a divorce lawyer's office. They later bought two homes, a four-bedroom in Miami Lakes and a Miami Beach condo on Collins Avenue.

All the while, key Housing Agency programs were in shambles, records and interviews show.

Hundreds of public housing units stood wrecked and empty while thousands of families waited for a decent place to live. The new ''infill housing'' program -- which gave developers cheap government land in exchange for homes for the poor -- wasn't delivering. The widely touted HOPE VI program launched in 2000 to revitalize public housing in Liberty City suffered from repeated delays.

Behind the scenes, top administrators at the Housing Agency were growing worried: Again and again, Rodriguez made controversial calls involving the county's surtax program. Among them:

• In 2002, he funneled $8 million to a nonprofit created by the county, the MDHA Development Corp., for four projects that remain unbuilt. Rodriguez was playing a dual role at the time: He was president of the nonprofit while leading the Housing Agency, a conflict that troubled his staff.

• He endorsed a plan to spruce up homes in Liberty City using hundreds of thousands of surtax dollars. Brought into the project: the nonprofit Black Business Association, whose president was Alben Duffie -- Rodriguez's associate and fellow board member at the MDHA Development Corp.

For months, The Miami Herald found, the BBA double-billed the Housing Agency through a series of questionable invoices. Though he was BBA president, Duffie insisted he was not involved in the program.

• In 2000, Rodriguez pushed to use $5 million from the surtax fund -- money earmarked for the poor -- for a new Housing Agency headquarters in South Miami. Head of the development team: Penelas advisor Raul Masvidal, with limited partners including Duffie and Rivero, the developer charged with using housing money to buy his own house.

No headquarters was ever built, and investigators are tracking the $5 million.

• In 2002, Rodriguez ordered the Housing Agency to advance a total of $5 million in construction loans to six developers that included Rivero and Rivero's associate, Reynaldo Diaz -- even though Diaz had no land on which to build. Also given a loan was Citywide Development, which later put Rodriguez on the payroll.

The developers promised to build dozens of houses, but delays dogged the program. Four years later, five of the developers were in default of the loans. Yet for months the Housing Agency turned the other way: The county didn't sue to recover the money until this year.

The moves occurred under the noses of county leaders, who for years failed to question the flow of dollars even though the Housing Agency violated basic protocol at least 10 times by paying developers before construction had started.

Rodriguez made other controversial calls, too, including naming Emma Duffie, wife of associate Alben Duffie, interim director of the agency's infill housing program.

Rodriguez's successor, Alphonso Brewster, made the promotion permanent in 2005 even though a search committee had ranked her eighth out of nine top contenders.

Brewster removed Emma Duffie this year, the program in disarray. She could not be reached for comment.

IN THE PRIVATE SECTOR

In April 2004, Rodriguez retired -- drawing $114,000 from unused sick and vacation time, plus a $60,000-a-year pension.

After he left, he submitted a letter recommending longtime deputy Brewster for the top job -- even while serving on the committee engaged in a national search for a new director. Meanwhile, Rodriguez started his own consulting company.

In some cases, he was hired by developers who have regularly delivered affordable housing. He received $20,000 over four months from Pinnacle Housing Group, for example, to work on a deal in Broward County. Pinnacle officials said Rodriguez brought 30 years of experience to the table.

''We thought he could be a good resource for us,'' said Pinnacle's David Deutch.

Other developers that hired Rodriguez, including the Cornerstone Group, Lewis Swezy and Salomon Yuken, also came through with county housing projects.

At the same time, however, Rodriguez gained work from developers who failed to produce the projects they promised, including Rivero and the MDHA Development Corp., which paid Rodriguez almost $40,000 over seven months after he resigned from the corporation's board.

At Citywide Development, Elena Diaz de Villegas said the company hired Rodriguez to help with complex housing deals but cut ties after more than a year with no deals forged.

In September, Rodriguez shuttered his company.

Meanwhile, as the criminal probe unfolds, the county manager's office has been tightening policies and building safeguards at the Housing Agency.

''[Rodriguez] got so much power,'' said Marti, the longtime housing administrator. ``I don't know how the county allowed that to happen.''

Miami Herald staff writers Larry Lebowitz, Luisa Yanez and Manny Garcia contributed to this report.

Pulling plea raises ante for lobbyist

Palm Beach Post Staff Writer

Sunday, December 17, 2006

A once-powerful Palm Beach County lobbyist who allegedly conspired with former County Commission Chairman Tony Masilotti risks far tougher corruption charges - and much more prison time - after walking away from a plea deal.

By opting last week to fight rather than plead guilty to a single felony charge, William R. Boose III almost certainly faces federal indictment on multiple counts of wire fraud, obstruction of justice and conspiracy, veteran defense lawyers predict. Upon conviction, those charges carry a combined maximum prison sentence of at least 30 years - 10 times the maximum three-year sentence the federal government offered Boose.

Former federal prosecutors said that for both the prosecution and defense, the collapse of Boose's plea deal makes the case much more of a high-stakes challenge. It pits Boose, one of the county's preeminent zoning lawyers, against a U.S. attorney's office that has vowed not only to prosecute Masilotti and Boose but to penetrate the genteel veneer of county government to look for more corruption.

Boose was charged last month with helping Masilotti conceal his profit from a land deal in Martin County. Shortly before Wednesday's scheduled hearing for Boose to plead guilty, he hired powerhouse criminal defense lawyer Richard Lubin.

"Bill Boose is innocent," Lubin said Friday. "He is rejecting what is in effect a legal slap on the wrist and subjecting himself to the enormous power of the federal government because he did not commit the crime."

Prosecutors and Boose's lawyers would not comment on their next moves. But South Florida lawyers who specialize in defending corruption defendants said it's all but certain that Boose now will have to fend off much tougher charges.

"Boose is going to get a few extra charges for sure," said Steven Chaykin, a former federal corruption prosecutor and now a partner at Akerman Senterfitt.

Because he scrapped the plea agreement, Boose can expect substantive wire or mail fraud charges, which can carry as much as 20 years in prison time each, or conspiracy charges, which can add five years, Chaykin said. An obstruction-of-justice charge could add another 10 years.

Prosecutors' ammunition

Boose, 62, already is suffering the wrath of the investigation. He abruptly retired from the law firm he co-founded, Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, and his name has been stripped from its West Palm Beach marquee. With his departure, the practice lost lucrative business; it resigned as bond counsel for the county when Boose was charged. Boose, meanwhile, said at a recent court hearing that he no longer is lobbying.

Prosecutors alleged, in a charging document Boose initially OK'd, that Boose committed "misprision of a felony" by failing to report Masilotti's secret financial interest in a 2003 Martin County land purchase by the South Florida Water Management District, a deal that netted Masilotti a $1.3 million profit. But the document also outlined several more potential violations without charging Boose with them.

Boose allegedly hid Masilotti's interest in the deal by setting up a secret land trust headed by Richard Crum, an accountant at his firm. Masilotti's wife at the time, Susan, was installed as the trust's "straw" beneficiary, further distancing the commissioner from the deal, prosecutors allege.

Boose billed Masilotti little or nothing for legal services from 2002 through this year, a time when Boose sought favorable county commission votes for his law firm's bond work and his developer clients. He is accused of falsifying business records to show that he billed Susan Masilotti, not her ex-husband. He also misled FBI and IRS agents investigating the matter, prosecutors said.

He and his attorneys, while cooperating with prosecutors, were able to secure a plea agreement that resulted in just the one felony count. But in walking away from that, Boose gave prosecutors a free hand to come down harder - with a sweeping grand jury indictment.

Drawing battle lines

Still, prosecutors won't have an easy time making their case, according to veteran South Florida defense lawyers. They said Lubin and co-counsel Jack Goldberger could argue that Boose simply was Masilotti's attorney, and that their dealings were legal, protected by attorney-client privilege.

Boose's lawyers also could maintain that his discounted services to Masilotti gave him no advantage as a lobbyist because development decisions require so many layers of approval by so many boards and staffers.

"I can tell you, having been chief of corruption cases, those are very hard cases to try," said Mark Schnapp, a former federal prosecutor who's now a Greenberg Traurig partner.

Working in the prosecution's favor is that admissions or disclosures the defendant put on the table during plea negotiations may come back into play at trial. Typically in plea talks, the government grants a defendant what's known as "Queen for a Day" status. Such agreements generally let a defendant make disclosures for the purposes of a plea deal, but the disclosures can't be used unless the defendant later takes the stand and contradicts what was disclosed. Should the defendant back out of a plea agreement, the prosecution is free to use the defendant's statements as leads to strengthen its case.

"You run the risk that they will, and will make your case worse," Schnapp said.

Richard Sharpstein, a former state prosecutor who regularly represents defendants in Miami corruption cases, predicted that the government will withdraw the nine-page charging document prepared for Boose's plea agreement and will load up an indictment with stiffer charges.

"If he's not going to play ball for them, then they're going to redefine the game much to his disliking," Sharpstein said.

Boose's change of heart doesn't appear to be a negotiating ploy, Sharpstein added. "It sounds like throwing down the gantlet, a statement of war, to a prosecutor."

Vulnerable to attack

The fallout from Palm Beach County's worst political scandal in decades has been mounting since Masilotti was charged Oct. 27. He resigned the same day and since has lost his once-prosperous State Farm insurance agency. His brother Paul, a Wellington building inspector, was forced to resign because of his involvement in some of Tony Masilotti's dealings.

Following the charges against Masilotti came Boose's Nov. 3 plea deal and last week's arrest of Wellington real estate consultant Daniel Miteff, who worked with Masilotti on a Royal Palm Beach land deal, allegedly paying off the commissioner with $39,000 in gambling chips. Another prominent attorney, Harvey Oyer III, resigned from the Gunster Yoakley firm in West Palm Beach after disclosures were made about his alleged role in helping conceal Masilotti's business deals. Oyer has not been charged.

The difference between how a prosecution team handles a cooperating defendant, versus one who won't, can be seen in the U.S. attorney's handling of Masilotti, who publicly has promised to plead guilty Jan. 5.

Masilotti now faces a solitary federal corruption charge. Under his plea deal, Masilotti could pay $10 million in penalties and serve up to five years in prison, with that time possibly reduced for undergoing alcohol rehabilitation.

Miteff, however, not only refused to cooperate, he allegedly tampered with a grand jury witness. He faces 19 felony counts in all, including witness tampering, money laundering, lying to federal agents and fraud. That could total 275 years in consecutive prison sentences, guaranteeing many years behind bars.

For prosecutors to file new charges against Boose might not involve much work; many possibly indictable offenses by Boose already are alleged in documents used to charge Masilotti. It's also common for prosecutors to encourage cooperation by holding back evidence of other crimes that could embarrass or otherwise damage a defendant. The gloves can come off when a defendant is uncooperative.

With prosecutors vowing to continue the probe, Boose could be vulnerable to future defendants seeking to reduce or lighten their charges.

"I suspect they'll all be lined up to testify at Boose's trial," Sharpstein said. "Now that there's a raw piece of meat that's been thrown in the arena, all the lions and tigers and bears will come out. This is an opportunity for them to cut their teeth and cut their sentences on Boose."

Consulting with pals

But besides guaranteed prison time and admitting guilt, for Boose the plea deal could have had another potentially troubling aspect. Under a plea deal, he would have had to pledge unfettered cooperation with prosecutors as they dredge for more politically inspired deals.

In the weeks before deciding to stand his ground, Boose consulted with a number of old friends in Palm Beach County government circles. On Nov. 1, the day after Boose retired from his firm and two days before his criminal charge was made public, he met with developer Herb Kahlert, a partner in a 2005 farmland purchase, and County Commissioner Karen Marcus.

Years ago, the three friends worked together in county government. "We were just there for moral support," Marcus said. "I just wanted to make sure he had people to talk to. And Herb has some experience with an ethics issue."

Kahlert, a former county engineer, resigned in 1991 after it came to light that his family's real estate investments had benefited from road-building decisions his department made. He was investigated by the Florida Commission on Ethics, which cleared him of wrongdoing. Still, his departure rattled county government.

Now, some members of the county's political establishment worry that the Masilotti scandal will trigger another shake-up - at a time when powerful development interests are pushing to fast-track building plans for the county's vast agricultural areas.

"Tony will have caused a lot of shakeout," said developer George Elmore, a partner with Boose in an ongoing north county land deal. "How deep it will go, we don't know."

Lauren Ritchie

$74 million of other people's (your) money

Published December 17, 2006

January 2005: This column focused on owners of 1,584 acres who were trying to trick at least two public boards into unwittingly jacking up the price of the land so taxpayers would make them rich when the property was purchased for conservation.

We're here to report that they succeeded admirably, and you'll be paying the tab.

Owners of the tract called Neighborhood Lakes in Sorrento paid about $7 million for the land in 2001. They knew it topped conservation lists and that the state had negotiated briefly for its purchase.

Today, a consortium of governments is poised to buy it back -- for $74 million taxpayer dollars. Your dollars.

That was no typo.

Owners Bill Cole of Sorrento and Nancy Rossman of Orlando have boosted greed to an obscene level. It is revolting.

Equally disgusting was the spectacle of public officials blissfully giving away the farm. Your farm. This is, after all, OPM -- Other People's Money -- and spending it is easy. Merry Christmas, Bill and Nancy.

At the heart of this travesty is a series of decisions by governments that were anxious to affix their lips to developer fannies over the years. Toward the end, Eustis, the St. Johns River Water Management District and the Lake County Commission tried to curb the blatant price-gouging.

More than two years ago, Cole and Rossman asked the water district to let them suck 1.3 million gallons of water a day out of the underground aquifer for 1,500 homes they wanted to build on the property. (Vacant land is worth a lot more when it has a water permit.)

The district delayed long enough that the partners got tired of waiting and trotted to Eustis to try to get utilities for the property -- even while they were sweetly agreeing that it should be preserved and pledging to reach an agreement to sell. Eustis wisely said forget it.

At the time, I noted in a column that if the city had agreed, "they'd have been paving a one-way street for taxpayer cash to roll directly into the pockets of developers." Silly me. At my advanced age, you'd think I'd have known that the festivities had only just begun.

Cole and Rossman in February 2005 unsuccessfully asked county commissioners to increase density on the land.

Since then, the Orlando-Orange County Expressway Authority decided that the Wekiva Parkway would go through Neighborhood Lakes. Roll out that Brinks truck full of quarters!

Any chance of getting the property for a sane price was gone. Throw in the fervor of environmentalists who know how desperately this particular land was needed and who passionately advocated for its purchase. (They are right -- it IS a critical link for wildlife.) Sit back and watch the price skyrocket.

The land value was set at $52 million by one appraiser and at $60.2 million by a second. Of course, the governments -- the expressway authority, the water district, Orange and Lake counties and the state -- took the high price.

Then the expressway authority threw in an extra $13.8 million to buy out what are called "transferable development rights" belonging to Cole and Rossman. The short explanation is that years ago, Lake County allowed developers who had high-density zoning in the Wekiva Basin to move their right to build to a less fragile area. Cole and Rossman had 712 of those credits and chose to use them at Neighborhood Lakes.

Anybody care to argue that development is good for Lake County, that it pays its way? After this mess -- a fiasco on multiple levels -- don't even whisper it to me.

Most of the Neighborhood Lakes property is zoned for one house per acre -- that's the brilliant decision that set this in motion. Rather than being held hostage by these greedmongers, I'm afraid I would have done something that might have been viewed as ornery by polite society.

Lake County is nearing the end of a two-year process to decide what areas should be allowed to develop and which should remain rural. If this property is so very precious, why not reduce the intensity of the zoning to that in most of the Green Swamp? Surely that is justified, given the critical nature of the wildlife corridor connecting southerly properties to the Ocala National Forest. OK, Bill and Nancy, knock yourselves out at one house for every 20 acres.

I believe I'd have let Cole and Rossman stew and spend a whole lot of money in what inevitably would have been a long, complicated court case with a stunning number of appeals. It would have been a lot cheaper than $74 million.

Then, the public might have gotten that property for a fair and reasonable amount.

Extortion, you say? Really?

So what did these two developers just do to us?

Lauren Ritchie can be reached at Lritchie@orlandosentinel.com or 352-742-5918.
Nuclear power makes comeback

OCALA - There hasn't been a license issued for the construction of a nuclear power plant in the U.S. in nearly three decades, as the industry has stagnated since the accident at Three Mile Island in 1979 - the worst in the country's history.

But after years of dormancy, nuclear power may be on the verge of a renaissance. Energy companies and consortiums have announced their intentions to apply for licenses to build about 30 reactors throughout the country.

"There is no question that this is the highest level of interest that there has been in 25 years or so," said Roger Hannah, spokesman for the Nuclear Regulatory Commission's regional office in Atlanta.

And part of that rebirth could happen in Levy County where Progress Energy has selected a 3,000-acre tract as a site for a possible nuclear power plant. However, company officials say that a decision to build is more than a year away.

So what's sparked the renewed interest in nuclear power? Proponents say the unstable cost of natural gas, the public's desire to decrease dependence on foreign energy sources, as well as increased concerns about global warming have turned the tide. Unlike fossil fuels, nuclear energy does not emit greenhouse gases such as carbon dioxide. In addition, nuclear energy experts say the plants are cheaper to operate and maintain.

"It's being driven by economics but it's also being driven by environmental issues," said Mitch Singer, spokesman for the Nuclear Energy Institute, the nuclear energy industry's policy organization. "It's the largest source of emission-free electricity in the country."

Singer said Florida is ripe for the building of new power plants since the state's population is expected to grow by 30 percent by 2030 while its demand for electricity is forecast to increase by 76 percent.

Buddy Eller, Florida communications manager for Progress Energy, said that a switch to nuclear is the best option to possibly lower customers' energy bills in the future, about half of which are currently related to rising fuel costs.

"[Nuclear] is a domestic fuel that's very stable over the long term," Eller said.

But Michele Boyd, legislative director for the energy program of the advocacy group Public Citizen, said that the push for the building of new nuclear reactors should really be tied to the passage of the 2005 Energy Bill, which included billions of dollars in "cradle-to-grave" subsidies and tax breaks to promote the building of nuclear reactors.

However, Boyd said that she'll believe in a full-scale nuclear power resurgence when she sees it. While a number of utilities have announced their intention to build plants, Boyd said that applications for only four nuclear reactors have been sent in so far to the NRC. The plants are too costly to construct and the public sentiment won't be there if and when companies decide to build, she said.

"I'm confident we're not looking at a renaissance," Boyd said. "It's a mammoth expense; there are major, major safety and security concerns."

Among those concerns, Boyd said, are that power plants remain a vulnerable target for terrorists more than five years since the attacks of Sept. 11, 2001. Also, she said radioactive waste is an ever-present danger, as storage mechanisms for the waste aren't sufficient.

Boyd said that by making early announcements, utility companies such as Progress are putting out feelers to find out how much opposition they would receive if they decide to build.

"Progress is definitely testing the waters to see what kind of reaction they are going to get," Boyd said.

Singer said public concerns about possible accidents such as those that occurred at Three Mile Island and Chernobyl are unfounded.

"Those people who have safety concerns are just not knowledgeable about how a nuclear power plant works," Singer said. "They are operating more safely than they ever have."

Dr. Alireza Haghighat, a professor and chairman of the University of Florida Department of Nuclear and Radiological Engineering, said that there are really only three viable choices to generate electricity - natural gas, coal and nuclear. He said that the price of natural gas is too unstable and coal emits too many greenhouse gases, making nuclear the only viable option. Renewables won't be ready soon enough to meet the growing demand for electricity, he said.

"If you think of it in a logical manner, then nuclear looks good," Haghighat said.

Haghighat said that concerns about the storage of waste are baseless. He estimated that the radioactive waste from all of the 104 nuclear reactors in operation in the U.S. would be enough to fill up one football field six feet high.

If governmental efforts to step up reprocessing take hold, Haghighat said, "it would only take up an end zone."

Plus, Haghighat said the nuclear industry has made significant strides to prevent possible accidents since Three Mile Island.

"The industry has improved significantly since [Three Mile Island] because it helped them become more aware of the issues and less arrogant," he said.

Singer said that the NEI believes there is bipartisan support for nuclear power and that public opinion polls show that people want an alternative to foreign energy sources.

"I think its the economics, the environmental issues, the political support and the public opinion support," Singer said. "When you put that all together, it's a pretty strong arsenal."

Boyd said that Public Citizen has already brought forth several environmental and safety concerns for proposed reactors in Mississippi and Illinois in hearings before the NRC. If Progress does decide to file for a license to build in Levy County, she said her organization would likely get involved there as well.

"We'd certainly look at it," Boyd said.
Richard Conn may be reached at richard.conn@starbanner.com or 867-4045.

$7,000 fee hike draws criticism

SARASOTA COUNTY -- With Sarasota County set to raise impact fees by more than 60 percent, builders and affordable housing advocates who have protested the hike for months are digging in for a fight at a Tuesday hearing.

A host of fee hikes, which county commissioners appear poised to approve, would raise impact fees for a new single-family home from $10,637 to $17,741. The increase could bring Sarasota County's impact fees into the highest 25 percent in the state, said county planner Gene Engman.

The move comes in the teeth of a frigid real estate market that has damaged one of the county's most important industries. But county officials said the hike is needed to pay for vital improvements to roads, parks and libraries.

After a booming 2005 when housing prices skyrocketed, this year has seen a downtown with prices dropping 18 percent in the Sarasota-Bradenton market. Sarasota Realtors sold 359 homes in October compared to 710 in October 2005.

At the same time, housing remains out of reach for many service industry workers and professionals such as teachers, nurses and law enforcement officers.

Builders such as deMorgan Communities Chairman Dan Barwick warned the impact fees will create another expense for developers to pass on to home buyers.

"It's common for people to say, 'Well let the developers pay it.' Well developers don't ever pay anything. What we do is pass it on," Barwick said. "They'd better look at it before anyone who makes less than $100,000-a-year can't afford a house."

Impact fees, one-time taxes on building designed to make growth pay for itself, have been a contentious issue locally since April, when the county announced the fees would likely increase.

The hikes traditionally draw protest from developers because new fees add to their costs. Some builders have even said they might file a lawsuit.

Low-cost housing advocates, too, are concerned. Sarasota Habitat for Humanity executive director Mike Jacobson said the higher impact fees could prevent nonprofit agencies from building homes.

"The pressure put on not-for-profit affordable housing buildings is just exasperating," Jacobson said. "This is just one more obstacle that we're going to have to overcome."

Counties such as Manatee and Charlotte and cities such as Punta Gorda and North Port have all raised, or planned to raise, impact fees in the past two years.

But builders are especially concerned about Sarasota's planned increases, in part because they could be followed by another hike early next year. That increase could bring the impact fees for a single-family home to nearly $19,000.

That figure is still $10,000 less than Collier County, which is 100 miles south of Sarasota and has one of the highest impact fees in the state.

Engman, Sarasota County planner, said impact fees are going up drastically because the county is far behind in infrastructure improvements. The county hasn't significantly increased impact fees since they were instituted in 1991, County Commissioner Joe Barbetta said.

Estimates put the county $200 million behind in funding for recreation facilities and $1 billion or more behind in funding for road projects. The lack of money has stalled some county projects, including a planned extension of Honore Avenue and a plan to build more public biking paths.

"We're terrifically behind in our infrastructure, and our fees have been too low for far too long," Engman said.

The county is basing its new impact fees on a study by Texas consulting firm Duncan Associates.

The study proposes two fee structures: a flat rate and a per-square-foot system.

Lee Wetherington, president of Lee Wetherington Homes, said the county could be opening itself up to a lawsuit if it uses the per-square-foot system, which could potentially heap even more cost on builders.

Other counties, including Charlotte, use a per-square-foot system. But Wetherington said the system could stray from the impact fee's purpose of paying for growth because the square footage of a home doesn't necessarily mean more people live there.

"What if you have two cars on a 1,600-square-foot home and two cars on a 16,000-square-footer?" Wetherington said.

But Wetherington doesn't believe the flat rate system is equitable, either.

"It's not going to affect the affordability on a $2 million home. They're just going to buy one less chandelier," he said. "Where it's really going to hit is the working class. The service industry is going to get hammered."

County Commissioner Paul Mercier said he is "sympathetic" to home buyers and the building industry because of the combination of increases in insurance rates, interest rates and impact fees.

But he also said higher impact fees haven't caused an affordable housing crisis in neighborhing counties.

Sarasota County's impact fees would still be lower than Manatee County's impact fees, which went up more than $3,500 last month. Manatee's impact fees are now more than $20,000.

Manatee drew criticism from everyone from local builders to state Sen. Mike Bennett, a Manatee Republican, when it increased impact fees last year. Bennett went so far as to propose a law that would have limited counties' ability to rely on the fees.

There was less drama in Manatee this year. Manatee County Commissioner Joe McClash called impact fees "the fairest system of paying for new growth" and said the high cost of land is more prohibitive for new home buyers.

In Sarasota County, public officials have had a series of meetings about the new impact fees with builders and developers. The builders have protested the hike at every meeting.

The county has heard the complaints. But the fees have been "artificially low for too long," County Commissioner Barbetta said.

"From a realistic point of view, we have to look around us," Barbetta said. "Our infrastrcutre has not kept up. Is growth really paying for itself?"
______

Staff writers Michael Braga and Dale White contributed to this report.

Flagler faces decision on ATV limits for dirt roads


BUNNELL -- Flagler County commissioners are set to decide whether they want to join several other Florida counties in opting out of a new state law that eases restrictions for all-terrain vehicles, especially for children.

Commissioners plan to discuss the issue at 6 p.m. Monday during their regular meeting, which begins at 4:30 p.m. in Room 107 of the Flagler County Courthouse.

Commissioner Jim O'Connell brought up the issue after a new state law went into effect Oct. 1 that allows anyone to ride an ATV on public dirt roads, as long as the speed limit is under 35 mph.

One stipulation state lawmakers approved was that local governments could decide individually whether they want restrictions eased in their county. O'Connell said that in addition to Volusia, other counties that have opted out include Citrus, Lee, Hernando, Pasco, Collier, Columbia and Putnam.

"I'm not sure where I'm going to end up" on the issue, O'Connell said. "Personally, I would like to see licensed drivers, even on a public road that's dirt.

"What do you do when you stop a 12-year-old? You can't take his driver's license. What are you going to do, take him home to his mother?"

O'Connell said some people may think the county is strengthening previous laws regarding ATVs, but that's not the case.

"They're not losing rights that they had before Oct. 1, 2006," he said. "They could drive on farms, between farms, anything like that that they wanted to do. My position is I don't think allowing an unlicensed 12-year-old to drive a 600-pound machine that can travel at 50 mph is acceptable."

During a recent commission meeting, O'Connell surmised there could be a lot of opposition, especially from residents of rural areas like Daytona North where there are 72 miles of dirt roads. But Commissioner George Hanns said it seems logical that the county shouldn't allow something that could be unsafe.

"I can't see where it's even a controversy," Hanns said.

derek.kinner@news-jrnl.com

A Few Doors Away, Miles Apart In Taxes

Published: Dec 16, 2006

TAMPA - On most every block along Corona Street in south Tampa, imposing new homes grow alongside compact, 1940s- and '50s-era dwellings.

Young professional families move in next to widows subsisting on Social Security checks.

On one block is a vacant lot. Its developer waits out a lull in new-home sales before he builds.

Near Corona's corner with Dale Mabry Highway, a motel and a funeral home do business.

It's a street like so many others in Hillsborough County and across Florida. And, just as in other neighborhoods, Florida's property tax system treats owners along Corona to very different tax bills.

This year, Charles and Glenda LaFaye were socked with the biggest bill of any homeowner on the stretch of Corona Street from Dale Mabry to the Lee Roy Selmon Expressway. Their bill rose from $3,275 to $14,821 after they razed the home Charles had owned since the mid-1970s and built a 3,900-square-foot dream home there last year.

It's the biggest bill in the neighborhood - but not the biggest house.

That honor goes to a 4,157-square-foot home that former Tampa housing director Steve LaBrake built - at a big discount - in exchange for throwing city work the contractor's way. LaBrake, who went to prison over the deal, sold the place three years ago.

Thanks to a Save Our Homes cap that limits increases in assessed value to a maximum of 3 percent a year, the new owner's bill is $3,000 less than the LaFayes'.

The LaFayes expected a big jump in their bill. Just not that much.

"We were expecting our property taxes to be $8,000 to $10,000 - and we were OK with that," Glenda LaFaye said. "Then we got our estimated tax bill, and it was $15,000. That's just outrageous."

Charles LaFaye, 74, is semiretired, working part time as a bailiff: "I'm looking for a full-time job, because I can't afford the taxes."

They blame the property appraiser's assessment, which they say was too aggressive. They also blame the Save Our Homes cap that shields longtime homeowners from leaps in market value - and shifts the tax burden to new homebuyers, renters, owners of second homes and commercial properties.

Longtime Owner Trapped By Tax Fears

For many who have called Corona home for decades, the cap is a central reason they have been able to stay during the unprecedented double-digit jumps in real estate values of recent years.

Mary Fultz, 72, is one of them. She and her husband built their flat-roof home here 35 years ago. Today, as a widow on a limited income, the cap helps make her tax bill one of the neighborhood's lowest: $1,098.

"My daughter wanted me to sell and get a condo - and I said, 'No, I'm going to end up paying more taxes,'" Fultz said. "I don't know what the answer is. I'm not a politician. I just want to be here until the Lord calls me and I get my mansion."

People across Florida are trying to find answers to the questions that plague the property owners of Corona. The constitutional amendment known as Save Our Homes was approved in 1992 as a way to protect the most vulnerable from being taxed out of their homes.

Yet few predicted that 11 years after the cap took effect in 1995, an era of dizzyingly high increases in real estate prices could lead to such vast inequities in tax bills. The question of how to protect the vulnerable while making the tax burden more equitable will require multiple answers.

Gov. Jeb Bush formed a Property Tax Reform Committee this year to offer suggestions. The Legislature is looking at the issue. A Tax and Budget Reform Commission will begin meeting next year to seek long-term fixes to the tax structure.

A combination of suggestions are being studied, including imposing caps on local government property tax revenue. Or scrapping property taxes and replacing them - or a portion of them - with an alternative tax, such as a boost in the sales tax

There's also talk of tinkering with the Save Our Homes cap by granting a similar cap on increases in assessed value for all types of property, not just homesteads. Another proposal is to eliminate or phase out the cap altogether.

Second-Home Owner Hit, Helped By Cap

Two doors down from the LaFayes, Jim Schoonmaker understands the dilemma better than most. He has lived in his small concrete-block home for nearly two decades - and has benefited greatly from the protection of the Save Our Homes cap.

His tax bill is $1,775.

If he were taxed on the home's market value, he would pay nearly $6,000.

Yet Schoonmaker is also a victim of the cap. He owns a rental home, as well, which can't qualify for Save Our Homes. So the tax bill rises with real estate values - and that cost him an extra $500 this year.

He would also like to tear down the Corona Street house, built in 1948, and build a new home. He doesn't dare.

"Save Our Homes has saved me a ton of money. It's good and bad, because it's sticker shock when you have to move," Schoonmaker said.

All along Corona, examples abound of the stark differences in tax bills unintentionally wrought by a cap that kept some taxes artificially low as Florida's real estate market sizzled.

Across the street from Corona Park, three similar homes sit side-by-side. They're about the same size. They all were built in 1994.

An owner who has lived in one home since it was built pays $3,837. The house next door to her, bought three years ago by an owner who does not have the Save Our Homes cap, pays $10,286. The man next door to that house pays $9,159. He bought his home two years ago for $150,000 more than his neighbor with the highest bill.

A woman from North Carolina inherited her mother's 986-square-foot brick home on Corona Street. Because it's not her primary residence, she can't qualify for a homestead exemption and the Save Our Homes cap her mother had until her death.

The result: The tax bill has soared from $1,384 to $6,233.

At 3513 W. Corona St., there's nothing but grass and trees.

The tax bill for the vacant lot: $5,439.

Jim Knight, a south Tampa developer, bought it for $215,000 last year with a house, which he promptly tore down. This year, the appraiser's office assessed the empty lot at $232,000.

Unlike many, the seasoned investor wasn't surprised.

"Basically, everything is taxed pretty close to what you paid for it - unfortunately," said Knight, who thinks the tonic for high taxes is imposing a cap on local government spending.

Meanwhile, he has put on hold his plans to build a new home there that would only add to that tax bill: "The plan was to build fairly soon, but with the inventory of new homes on the market right now, we've decided to push it back a little bit."

For Businesses, Bills Are Booming

At the corner of Corona and Dale Mabry are properties with the highest taxes of all. They are businesses, including a Howard Johnson hotel whose taxes leaped more than $11,000 to $74,754 this year.

Across the street is Brewer & Sons Funeral Homes' south Tampa chapel. Since the company bought the place in 2003, its tax bill has soared from about $15,000 to $24,835.

Each year, the company has made the tax payment late.

"I couldn't raise my prices due to the competitive nature of my business, so I had to pay it a little bit later," said Barry Brewer, president of Brewer & Sons.

He fears that his and other businesses' tax burdens will grow as lawmakers contemplate doubling the $25,000 homestead exemption for residential properties and allowing homeowners with a Save Our Homes cap to take it with them when they move.

"Who's going to pay for that?" Brewer said. "If you can't get it from the homeowner, you get it from the business owner. And if the homeowner doesn't pay for it themselves, they're going to pay for it eventually through the services you use - through the funeral business, the hotel next door to me, the dry cleaner."

Reporter Karen Branch-Brioso can be reached at kbranch-brioso@ tampatrib.com or (813) 259-7815.

Panel recommendations on changes to property tax to rankle homeowners

The Associated Press

TALLAHASSEE — Cutting back on explosive government spending and repealing a 3 percent cap on homesteaded properties could be among the ways to resolve a runaway property tax crisis, a research group told a review panel Friday.

Floridians already had one of the highest local tax burdens in the nation before taxable values skyrocketed another 25 percent this fiscal year. Property taxes now account for $25.7 billion of the state's revenues — its largest single source of dollars.

However, Friday's recommendations by the business-backed group TaxWatch to the Property Tax Reform Committee to repeal the 3 percent cap and not double the existing $25,000 homestead exemption is likely to run into plenty of opposition. Both are popular with many homeowners.

"It's going to be a tough job," conceded Harvey Bennett, spokesman for Tax Watch, which monitors government spending and taxing. "But there are a growing number of property owners who are realizing the flaws in the system."

Homeowners can now limit their property's taxable value to a maximum increase of 3 percent a year by taking the homestead exemption for their primary homes. But the provisions of the 1992 Save Our Homes amendment don't apply to businesses, rental properties and vacation homes.

The property tax committee on Friday labored through a 77-page preliminary report that contained some potential recommendations and hoped to focus on the portability issue and increasing the homestead exemption at its next meeting Jan. 29.

"We're looking at dramatically changing things," said state Rep. Dave Murzin, R-Pensacola. "Let's talk about replacing property taxes with a sales tax and that way people would spend that money all through the year rather than save up and write a check to government."

At a hearing last month in Tampa, the tax reform panel heard testimony that some Florida residents have begun fleeing the state because of the soaring property taxes.

"I think our work is pretty clearly laid out for us," panel Chairman Don DeFosset, former president of Jim Walter Homes, said Friday. "I think we've set a stage for a lot of additional work."

Recommendations from the governor's committee also could be forwarded to the Taxation and Budget Reform Commission that will meet for the first time in 2007 as required by the Florida Constitution. The commission can send proposed constitutional amendments directly to the ballot.

Gov. Jeb Bush, who leaves office next month, appointed the panel to look into possible property tax inequities resulting from the measure voters approved 14 years ago.

The subject was one of the hot issues during the recent governor's race.

Incoming Gov. Charlie Crist, who defeated Democratic nominee Jim Davis in the Nov. 7 election, supports doubling the homestead exemption from $25,000 to $50,000 and supports portability, which would allow homeowners to keep their old tax bill even if they move to a more expensive home. Crist noted that his own parents can't downsize to a smaller home because their taxes would sharply increase.

U.S. Census Bureau data ranked Florida's local tax burden 16th nationally in fiscal year 2004 and that was before taxable values skyrocketed another 25 percent in the current fiscal year.

Dozens Of Solutions For Tax Crisis Posed By State Committee

Published: Dec 16, 2006

A committee tapped by Gov. Jeb Bush to suggest solutions to Florida's property tax crisis offered a dozen ideas to consider in its first report Friday - but shied away from endorsing them.

The group, meeting in Tallahassee, watered down considerably one idea that initially called for "development" of a plan to fully or partially replace property taxes with a boost in the sales tax.

It would require raising the sales tax from 6 percent to almost 13.5 percent to replace property tax revenue in Florida.

The committee agreed to change the report to suggest "further study" of "alternate forms of taxation" after a number of members and others raised red flags about increasing sales taxes.

"If we leave [the recommendation] in here, we will fill the room with people," said Hillsborough County Property Appraiser Rob Turner, a committee member. "In Tampa, I got that message relayed to me very clearly that that will have a devastating impact on retailers."

The property appraiser from a Panhandle county told the committee a large sales-tax increase would devastate North Florida counties that border Georgia.

"You may as well forget about selling anything that has sales tax associated with it," Jefferson County Property Appraiser David Ward said. "People vote with their feet when it comes to the sales tax. It would effectively turn commercial businesses into ghost towns along the state lines here."

Two of the three lawmakers on the committee - Rep. Carlos Lopez-Cantera, R-Miami, and Rep. Dave Murzin, R-Pensacola - said they wanted the idea to stay in the report, if only to prompt further study of the issue in the Legislature.

"I live seven miles from Alabama. I know there's a lot of people who go on the weekends to buy their gas in Alabama," Murzin said. "It has some negative sides. But let's look at it."

Committee Chairman Don DeFosset, the former chief executive officer of Walter Industries in Tampa, has described the sales tax as regressive. But he said it was important to include alternate taxes as a possible idea because Bush's charge to the panel included that.

DeFosset said the possibility of replacing some portion of property taxes with sales tax revenue would be more palatable than full replacement.

The committee also agreed to offer up these ideas for more study:

•Assessing business property based on actual use instead of "highest and best use."

•Caps on local government revenue increases.

•Cap growth on nonhomestead property assessments, similar to the Save Our Homes cap that limits assessed value increases on homesteads to a maximum 3 percent each year.

•Set property values based on a multiyear average to temper effect of market spikes.

•Simplify "Truth in Millage" statements in proposed tax notices.

•Increase the $25,000 homestead exemption.

•Allow homeowners to transfer the Save Our Homes cap to a new property when they move.

•Phase out the Save Our Homes cap.

•Improve the tax designation for agricultural uses.

•Protect homestead tax benefits when property is taken through eminent domain.

•Protect homestead tax benefits during frequent relocations by members of the military.

Florida TaxWatch President Dominic Calabro released the group's own recommendations at Friday's meeting. The TaxWatch report mirrored a few ideas the committee offered - including repealing the Save Our Homes cap while allowing current homeowners to keep it and transfer it once to another home.

The committee's full endorsement was reserved for a couple of concepts in its report to the governor, the Legislature, and a Tax and Budget Reform Commission: One, that its work should continue after Gov.-elect Charlie Crist takes office. And the crisis should be attacked on multiple levels: "Any recommendations to improve property taxation in Florida should be founded on a comprehensive approach, with an emphasis on simplifying the system for all taxpayers."

Reporter Karen Branch-Brioso can be reached at (813) 259-7815 or

kbranch-brioso@tampatrib.com. Keyword: Property Tax, to read the full report by the Florida Property Tax Reform Committee.

Ranch Development Advances With New Drainage Rules

Published: Dec 16, 2006

WESLEY CHAPEL - Residents of Quail Hollow, Williams Acres and Saddlewood complain that their neighborhoods flood every time they have significant rain.

Many fear new developments will compound their problems, so they have urged county leaders to impose strict drainage conditions on developers building near them.

County leaders have listened, imposing tougher guidelines than regional regulators. Some say the rules may improve conditions, although others worry the measures are not enough.

The county commission last week voted 3-2 to change the land-use designation on the 611-acre Grantham Ranch straddling Old Pasco Road from agricultural-commercial to residential. The rezoning would allow as many as 565 homes.

After meeting with residents, builder D.R. Horton proposed 474 single-family homes and agreed to comply with restrictions for "basins of special concern," meaning engineers have designed the drainage system to hold water upstream even in rare rain events to prevent flooding. Grantham Ranch is not officially in a basin of special concern.

The builder also has agreed to construct turn lanes on Old Pasco Road and State Road 52 to ease the flow of additional traffic.

Commissioners Pat Mulieri and Jack Mariano voted against the rezoning, saying they wanted to hear testimony about the drainage plans from county Engineering Services Director Jim Widman, who was not at the hearing. Widman has testified at previous hearings that the drainage plan is sound.

The ranch property contains a mobile home, farm buildings and pasture. It is surrounded by pasture, mobile homes and single-family houses.

Resident Robert Shultz of Lakewood Place urged commissioners to impose even tougher restrictions for closed basins, even though Grantham Ranch is considered to be in an open basin. The difference is water becomes trapped in a closed basin. In an open basin, water naturally flows to rivers and tributaries.

Are Codes Tough Enough?

"I know that we have agreed to more stringent codes on drainage, but it is my opinion that that is not near enough," Shultz said. He shared photos with commissioners of flooded homes and streets after storms in recent years.

Jennifer Seney of Apple Blossom Lane said flooding has become worse since roads were flooded and torn out during the heavy rains of El Nino several years ago.

"We are experiencing flooding during a normal rain event," she said. "That didn't used to happen. Development upstream will bring volume down to us."

Project engineer Robert Fudge of AVID Group in Palm Harbor noted that the developer is not building as many houses as are allowed.

"We're not shoving as many lots as we can in there and seeing if it will work," Fudge said.

Fudge and New Port Richey Attorney Shelly Johnson, who represents the developer, said the builder complied with recommendations from Widman.

Trying To Make Things Better

Widman "acknowledges we are not making the situation worse out there," Fudge said. "We're actually making things better."

Commission Chairwoman Ann Hildebrand asked Fudge to repeat that assertion, saying, "You are saying you would perhaps be able to make the situation better?"

Fudge said theoretically, yes. "From a volumetric standpoint, from a 100-year storm plan, that would be true," he said. He added later, "We have left tons of lots that could have been developed. Our client wants to be a good neighbor. They don't want to do something that will have a negative impact."

Mariano argued that the area acts like a closed drainage basin and should be treated as such. Mariano and Mulieri suggested continuing the hearing to confer with Widman, but the other commissioners did not agree to that.

"I put Mr. Fudge in an uncomfortable position saying they would not deteriorate the conditions," Hildebrand said. "I don't want it to be worse. I want it to be better."

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

 

Carson Drive Residents Win No-Trucks Signs, But Building Continues

Published: Dec 16, 2006

LAND - O' LAKES - Residents of Carson Drive say their congested dead-end road east of U.S. 41 can't handle any more traffic.

They turn out by the dozens each time a landowner proposes a new development in their neighborhood north of State Road 54, and they have begged county officials to prohibit trucks and other vehicles from cutting through to a nearby shopping center.

Last week, the so-called Carson Group achieved a mild victory, gaining promises for signs banning trucks on their road. Many residents left disappointed, however, as a new development would be coming their way.

County commissioners voted 4-1 at a public hearing last week for a zoning change to allow 10 single-family houses and 48 condominiums on 13 acres along Lake Padgett, east of U.S. 41 and north of Carson Drive. The development will be served by a private road connecting to U.S. 41, with no access to Carson Drive.

Commissioner Michael Cox voted against the project, saying the county must fix problems on Carson Drive before allowing more building.

Other commissioners argued that Robert G. and Joy Hagman already had a zoning designation that would allow for 25 or 30 single-family houses and intense commercial uses such as a car dealership. The development the Hagmans and their builder, Tampa-based Mobley Homes, plan is less intense, said Commissioner Pat Mulieri, who represents the Carson Drive area. Currently, the land is occupied by single-family houses, citrus groves and a lake.

The Development Review Committee, made up of County Administrator John Gallagher and his top assistants, approved the development recently with a number of conditions. The planning commission denied the proposal in March, but the county commission remanded the case to the DRC so the panel could address the Carson Group's concerns.

As conditions of the development approval, Mobley must plant trees and shrubs on the southwestern portion of the property as a buffer to existing homes. Emergency access on Carson Drive is prohibited, and developers also must hook up to a new lift station or sewage facility. The current station is at capacity.

Leonard Johnson, Mobley's and the Hagmans' attorney, agreed to the conditions, although he said the developer was unaware that a lift station is needed.

"They said, 'Stay off our road.' We are going to stay off their road," Johnson said of the residents. "We will need to have some conversations. We thought the existing lift station was more than adequate."

Assistant County Administrator Bruce Kennedy, who oversees utilities, said the lift station has had spills and does not have enough capacity for the development.

"I'm not comfortable with them tying in to the existing pump station," he said.

The Carson Group, which comprises about 50 landowners and represents 123 residents, argued that residents are dependent on Carson Drive for getting in and out of their neighborhood. The road is inadequate, and so is sewage capacity, they said. Trucks also cut through the road to get to the Village Lakes Shopping Center between Carson Drive and S.R. 54, creating further congestion.

Fred Wilsky of Wilsky Road said the group, which collected dozens of signatures on petitions opposing the development, appreciates the conditions on the development but has concerns about traffic.

Cox, who visited Carson Drive with his wife last week, said the road is a mess and needs to be fixed.

"Regardless of the action of the board, we need to do something," he said. "We need to at least direct staff to put up signs and to enforce them."

Cox said he could not support the rezoning until the traffic problems are resolved.

Commissioner Jack Mariano disagreed. He said the current zoning designation would allow for development that would create many more problems at Carson Drive.

Mobley has responded to residents' concerns and agreed not to allow even an emergency exit on Carson Drive.

Cox was not convinced.

"I agree they have gone through a lot of hoops, but if something doesn't work, it doesn't work," he said. "That whole area is a problem. I don't think this board should allow more density."

Commission Chairwoman Ann Hildebrand agreed with Mariano.

"Somebody could develop that property without some of the conditions," she said.

Carson Drive is an 18-foot-wide road frequently used by tractor-trailers making deliveries to shopping centers and by parents taking their children to two private schools. Truck drivers also park along the road to take naps.

Although Carson Drive is a county road, the county doesn't own right of way to widen the road.

Reporter Kevin Wiatrowski contributed to this report. Reporter Julia Ferrante can be reached at jferrante@tampatrib.com or (813) 948-4220.

What do you do when your health care system is sick?
Lack of doctors reaches to all patients despite insurance coverage


OCALA -
After merely six years in practice, Dr. David Willis has a schedule so full that he has stopped accepting new patients.

The primary-care physician sees as many as 35 patients a day, and he's not alone in doing so.

Dr. Yousef Elyaman, an internist and pediatrician, who is about to open a practice at West Marion Medical Plaza, is expecting to see as many as 30 patients a day.

He was still arranging his office furniture late last week, but he saw no problem filling up his schedule.

"When Ocala Regional recruited me, they said that the area is short on primary-care doctors," said Elyaman.

Two separate studies by the main hospitals in Marion County - Munroe Regional Medical Center and Ocala Regional Medical Center - found the North Central Florida region will need between 30 and 60 new primary-care doctors by 2011.

The shortage of primary-care doctors is not a new issue, according to Dr. Nate Grossman, director of Marion County Health Department, who has been in public health for the past two decades.

However, the severity of the shortage in Florida has been magnified in recent years because of the growing and aging population.

"We've got the baby-boomer population, who require more services due to age," said Rick Kellerman, president of American Academy of Family Physicians. "There's an increasing amount of chronic illness in the United States, and most patients don't have one chronic illness. They have complex illnesses."

There are currently 7,035 primary-care (family) doctors practicing in Florida. "We predict that by 2020, the state needs 11,497 [primary-care doctors]," Kellerman said, citing a recent AAFP study.

Florida has the greatest need for primary-care doctors after California, according to the study.

The shortage not only affects uninsured and undersinured patients, but also those with private insurance because many doctors run out of space and time to see patients.

Primary-care doctors, who were once dubbed the gate-keepers of health care, play a major role in the health of the community.

They are practitioners who provide preventive and comprehensive care to patients, take care of their acute problems, refer them to specialists, and coordinate the care specialists provide, Willis explained.

"In other countries, primary-care doctors outnumber specialists," Willis said. But, because the situation is reversed here, the county spends more than twice on health care compared to other countries. And, "our outcomes for health care are not better than other countries," he said.

PROBLEMS
A recent study by the AAFP shows a steady decline in the number of family physicians during the past four decades, partly because fewer medical students are entering the field.

Their number has dropped substantially in the past two years, Kellerman said. "Two years ago, we had 2,400 going into primary care." The current figure is is roughly 1,000 nationwide.

One of the main reasons for the drop is the income disparity that exists between primary-care and other specialties.

"We're not wealthy like many people think," Willis said.

In his six years of practice, he said he has made six figures in only one year.

His malpractice insurance has jumped from $1,600 in his first year, to $24,000 last year. And he has to pay for his employees' health insurance, for the building and other costs that come with running a business.

In addition, "insurance reimbursements are better for specialists and when medical students are looking at a $200,000 loan, they're financially driven to go to a specialty," said Willis.

Primary-care doctors earn between $100,000 to $150,000 a year, while specialists usually start at $200,000 and can earn as much as $1,000,000 a year.

In addition, reimbursements from federal and state programs - Medicare and Medicaid - continues to decline.

Some doctors are limiting the number of new Medicare patients they accept, affecting health care for the elderly.

Because of low reimbursements, some doctors choose not to accept Medicaid patients, much less the uninsured patients.

Marion County is a medically underserved area for low-income and migrant farm workers, according to state statistics.

There are more than 9,000 low-income patients for each primary care doctor here. In other words, based on state calculations, the county needs 22 more primary-care doctors who accept Medicaid patients and care for the uninsured. This shortage is mostly felt in Marion's rural areas.

For now the burden of their care falls on the shoulders of the health department and hospital emergency rooms.

To Willis, the current system is not sustainable. "It has to change," he said. "For the past 10 years it's been patched."

SOLUTIONS
Willis said the local community needs to play a more active role in recruiting primary-care doctors to the area.

Willis is an Ocala native and decided to open his practice here after graduating from University of Florida.

Elyaman, who studied up north, was just recently recruited to Ocala by Ocala Regional. The hospital has recruited 11 primary-care doctors this year.

Another part of the solution to the shortage is "to readjust the financial incentives for primary-care physicians," Willis said, a change that can be done at the state and federal level.

In addition, there's a national movement in the way doctors practice primary care.

"Patients and doctors are frustrated with fragmented care," Kellerman said.

Currently, primary-care doctors have a hard time staying in regular contact with different specialists who care for their patients.

"There's really not a system of communication out there," Willis said. To communicate with other physicians, "you can use the phone, mail a dictated report or fax the lab results. There are just extreme inconsistencies," he said.

In response to the problem, there are now local and national efforts to use electronic medical records (EMR) instead of paper files.

Elyaman has purchased an EMR system - which allows him to quickly find out which one of his patients needs a flu shot, what medications his patients are on - and can easily pull up lab results at the patient's room.

There's also an effort to turn primary-care offices into the patients' medical home.

"Every American needs a personal medical home," Kellerman said. "That's where you get your preventive services, you have your chronic diseases taken care of and if you need services of a subspecialty, [your primary-care doctor] coordinates that for you."

A medical home, a term that's making a comeback after two decades of hiatus, helps primary-care doctors "get the right services to the right patients at the right time." Willis said.

THE OUTLOOK
Kellerman, who has been practicing primary-care for the past 25 years, has seen a lot of changes.

He has seen the bad - the rising cost of health care, problems with maintaining doctor-patient relationship, the increasing influence of insurance companies on doctors and patients - along with the good - new medications, new technology and new possibilities in treating patients.

And he's optimistic about the future of primary-care in the United States.

"There's an increasing realization that primary care matters. There should be an ongoing relationship between doctors and patients," Kellerman said.

Willis said the system needs to be fixed.

"The outlook is dismal if things don't change," Willis said. "Everything that happens outside the treatment room has gotten much more complex, much more time-consuming and labor-intensive.

"We obviously try to take care of as many people as we can," Willis said. "But how many patients is a doctor supposed to take care of?"

Naseem Sowti may be reached at naseem.sowti@starbanner.com or 867-4140.
Chiefland hospital petition is denied A request to build a new, 60-bed hospital in Chiefland was denied late Friday afternoon by Florida's Agency for Health Care Administration.

The state agency concluded that the "need for the proposed project is not demonstrated."

Without the agency's approval in the form of a certificate of need, Ameris Health Systems is unable to build the hospital. Ameris proposed spending $22.6 million to build a hospital on 20 acres behind the Wal-Mart Supercenter in Chiefland. Friday's rejection was the second time the administration has turned down a request by the company to build in the area.

At several points in its 31-page report, the administration noted that Chiefland is in Levy County, a county that already has one hospital, Nature Coast Regional Hospital in Williston.

Administration officials wrote that Nature Coast is at least 10 miles closer to Chiefland than any of the hospitals in Gainesville. Administration officials said that utilization rates over the past five years at Nature Coast suggest that residents were bypassing Nature Coast in favor of the larger hospitals in Alachua County.

The administration also said the three counties the hospital was targeted to serve — Levy, Dixie and Gilchrist — are not projected to grow as fast as the rest of the state or region, so there are no special population circumstances that would warrant building another hospital in the rural coastal county.

Friday's rejection came despite massive public support.

The agency acknowledged receiving 5,560 letters of support for the hospital and one letter in opposition. Of the 50 people who spoke this fall during a formal public hearing in Fanning Springs on the proposed hospital, only one opposed the idea, Nature Coast administrator Alan Bird.

On Friday afternoon, Bird had little to say about the state's decision.

"Whatever would have happened (with the Chiefland application), we would have proceeded to go forward and we are excited about our plans for the future of Nature Coast," Bird said.

There were some positive notes in the administration's report. State officials said that financially, Ameris has a good short-term position and an acceptable long-term position. The report also said that Ameris' plans for construction costs and deadlines were reasonable.

Local officials who favored the hospital being built said they would encourage company officials to appeal the decision.

Sharon M. Gordon-Girvin, who represented Ameris during the process, said she is not sure what the hospital company's next step will be.

"We would like to meet with the agency and try to resolve any issues they had with this application," Gordon-Girvin said. "I am not sure why they denied it so I am not sure what all the issues may be."

Levy County coordinator Fred Moody said commissioners were "totally devastated by the decision. We were sure this application had all the merits and warranted approval. I noticed that there is an appeal process and certainly we will encourage that it be used."

Moody's counterpart in Gilchrist County, Ron McQueen, said he also expects the residents of Gilchrist, Dixie and Levy counties to be outraged.

"Health care in emergencies becomes a very personal issue and in some cases, a life and death issue," McQueen said."This decision shows once again that the permitting system is flawed for rural areas and that one size does not fit all, so there needs to be some consideration given to the unique situations of rural counties."

Dixie County Commissioner Buddy Lamb said the problem goes well beyond the tri-county area that worked with Ameris.

"When a system put in place to protect citizens fails them so miserably, it is time to change the system," Lamb said. "I am only one voice in this fight but I am of the opinion that we need to get our representatives to introduce legislation to exempt this hospital from the certificate of need process."

Karen Voyles can be reached at 486-5058 or voylesk@gville sun.com

Council gives developer approval to build dock

MIKE DONILA
Published December 16, 2006

CLEARWATER - Robert Oliver often spends time in a small Clearwater Beach basin, scuba diving with his 10-year-old daughter and swimming with the manatees.

But he doesn't expect to do that much longer now that the City Council gave a local developer the go-ahead to build a series of docks and boat slips in those waters.

"We're not going to see them anymore if they do that," said Oliver, 47, president of a Clearwater security company.

After a contentious meeting that lasted until late Thursday night, the council unanimously agreed to let JMC Communities build a $1.2-million public-private docking area in the basin directly between Belle Harbor condominiums and the Clearwater Beach recreation center tennis court off Mandalay Avenue.

Residents pleaded with the council to shoot down the plan, saying the city should undertake the task on its own and not "give away" precious underwater land. The residents also said the development would harm local wildlife, bring in more noise and cause pollution.

It was a hostile meeting often peppered with loud applause, as residents strongly opposed the plan and accused the council of pandering to a developer who has brought in a series of big-time condominium and hotel projects to a beach that's seen a lot of development dry up in recent years.

The council in the end said the city could not afford to build the docks and that Clearwater was getting an incredible deal. While the developer would let his nearby Sandpearl condominium and hotel residents use 33 slips, the city would have 21 that the public could use for free during the day.

Additionally, the council agreed, the city could buy back the docks and slips in five years for less than $1-million.

"If they're such a wonderful success, we can take them over," Mayor Frank Hibbard said.

"The only entity putting money into this is the Sandpearl," said council member John Doran. "They incur all the expenses. We incur nothing ... and out of this we're able to get ... 21 boat slips."

The council also said the city couldn't afford right now to build the slips, as well as parking, and still get away with providing free slips.

JMC Communities chief executive officer J. Michael Cheezem and his attorney, Ed Armstrong, said the slips would enhance the beach, draw visitors and provide a window to local marine life, which they predicted would not be driven away by the boat slips.

"It's a win-win situation for everyone," Armstrong said.

According to the agreement struck Thursday night, JMC would pay the city $5,400 annually in rent. The city can renew the option every five years or buy the docks. The price would diminish each year, based on the project's $1.2-million cost.

JMC also would be responsible for maintenance and repair costs for the docking facilities, insurance premiums, trash removal and lighting.

At the end of each year, the city would have to cover some of the maintenance costs, but that expense cannot exceed the amount of rent the city collects each year from the developer.

JMC did make several concessions Thursday night, saying boaters would not be able to refuel at the docks. The developer also agreed to add security gates to the public docks and make sure that Sandpearl staffers locked them at midnight.

Although the council agreed to the deal, JMC has more work to do before it can begin building. The developer also needs approval from the city's Community Development Board as well as Pinellas County.

Still, many of the Clearwater Beach residents who packed City Hall left unsatisfied.

Marty Alter, a strong critic of the plan, said "it was a done deal" before the council ever met. He suggested that the city form a task force of local leaders and residents to examine the project and that the city could build the slips by itself.

And Sand Key's Paul Kleeman, 65, kept hammering on the possible environmental effects that the construction could have on the area.

"I support the docks, but I wonder if this is the right place," said Kleeman, an investor who often takes his 6-year-old grandson to the recreation center.

Mike Donila can be reached at 727 445-4160 or mdonila@sptimes.com.

Large number of manatees found in area waters

Times staff
Published December 16, 2006

Manatee numbers were way up Wednesday in the latest aerial survey conducted over Citrus waters. Staffers from the U.S. Fish and Wildlife Service spotted 360 manatees. The number included 187 in Kings Bay, including 24 calves; 41 in the Crystal River, including eight calves; 30 in the Salt River, including three calves; 78 in the Progress Energy discharge canal; three in the Cross Florida Barge Canal; nine in the Homosassa Blue Waters, including one calf; and 12 in the lower Homosassa River. Manatees flock to area waters each winter seeking the warmth of the springs as gulf temperatures cool.

5th Judicial Circuit needs a new judge

Because Circuit Judge Stephen Spivey is resigning, the governor must appoint a replacement. The seat is in Ocala, but circuit judges are authorized to serve throughout the 5th Judicial Circuit, which covers Citrus, Hernando, Marion, Lake and Sumter counties. The circuit's Judicial Nominating Commission is accepting applications for the position. Candidates must be registered voters, members of the Florida Bar for the past five years and residents of the circuit at the time they take office The commission will screen applicants and send a list of finalists to the governor. Applications are available at www.floridabar.org and from commission chairwoman Lisa Herndon, State Attorney's Office, Citrus County, 110 N Apopka Ave., Inverness, FL 34450. Herndon must receive an original plus nine copies of the completed application and a photo by 5 p.m. Jan. 10. Interviews will be held Jan. 23-24 at the Marion County Judicial Center.

Dog sought after biting a woman

On Sunday, a woman was bitten by a red or tan mixed breed dog that weighed 40 to 45 pounds, had medium-length fur and wore a dark collar. This happened on E Windsong Street in the Lake Magnolia Estates neighborhood. If the dog is not located by Wednesday, the woman must undergo rabies treatment. Anyone with information should call 726-7660

Punta Gorda focuses on water

Study says city should produce 15 million gallons daily to cover growth.

By PATRINA A. BOSTIC

patrina.bostic@heraldtribune.com

PUNTA GORDA -- The city already is taking steps to be sure residents have enough water into the year 2050.

Consulting engineers have presented Punta Gorda with a study that recommends expanding water operations from 8 millions gallons a day to 15 million.

"It's all to accommodate growth," said Tom Jackson, assistant utilities director for the city.

By the end of next year, the city will determine if it is more cost-effective to build a new plant or expand its Shell Creek Water Treatment Plant, Jackson said.

The increase in production is estimated to cost $76.5 million, but the city is eligible for grants from Southwest Florida Water Management District that could help pay about half the cost.

The city would fund the proposed project from water sales revenue.

The Water Supply Master Plan calls for the city to complete the project by 2014.

The study by Corollo Engineers recommends the city increase its water capacity in two stages.

The first expansion is from 8 million gallons a day to 10 million by 2008.

The second stage would increase production from 10 million gallons a day to 15 million and add another reservoir adjacent to the water plant.

The water study estimated 3 percent population growth from 2014 to 2050 to arrive at the 15 million gallons a day.

If that 3 percent growth becomes reality, Punta Gorda would more than double its population in that time frame.

Mayor Larry Friedman questioned whether it would be possible to deliver another 15 million gallons a day a year before 2014.

At a recent City Council meeting, he asked the city's utilities department to develop a contingency plan in case growth exceeds the estimated 3 percent a year.

"We are in as good a position as any areas near us," Friedman said. "With the latest study, we are well positioned to take care of future water needs."

He said the proposed second reservoir will be a source for water in case something goes wrong at the Shell Creek dam and vice versa.

Water is a hot topic statewide, said Councilman Harvey Goldberg.

For example, the Peace River/Manasota Regional Water Supply Authority worries that there will not be enough rainfall between now and April to significantly raise river levels.

The Peace River authority supplies water to Charlotte, Sarasota and DeSoto counties as well as North Port.

It usually has a 200-day-plus water supply in underground wells in DeSoto County this time of year, but rainfall over the past year has been 16 inches below normal, and the supply is down to 133 days.

Once Punta Gorda has increased its capacity to 10 million gallons a day, it plans to sell about 2 million gallons to the authority through the year 2011 or when Peace River completes its plant expansion.

The city also has an agreement to provide Charlotte County with water.

Goldberg said planning is key.

"It's probably one of the most important areas of providing the basic needs of residents," he said.

Fort White still battline contaminated water

FORT WHITE – Fort White’s treated water supply recently was found in violation of the state’s water standards but officials say there is no immediate risk to residents who drink the water.

The water has contaminant levels that exceed safe levels, according to results from a recent test conducted by the Florida Department of Environmental Protection.

Although not an immediate risk, if consumed over time, the contaminants may cause problems with the liver, kidneys or central nervous system, according to the DEP. The contaminants also may cause an increased risk of getting cancer.

Water in the town of Fort White has teetered above recommended levels of two different contaminants since the DEP first started requiring municipalities to start testing for those contaminants in October of 2004.

The contaminants are a by-product from the disinfection process that the water undergoes to remove harmful organic matter, according to John Davis, potable water supervisor with the DEP.

“We’re always trying to balance the situation of chlorinating the water supply and at the same time controlling these components,” he said.

Quarterly tests have shown that two contaminants, total trihalomethanes (TTHM) and total haloacetic acids (HAA5s), continue to move above and below their recommended levels in Fort White.

Test results from a water sample drawn Sept. 27 show a level of TTHM at 147.1 micrograms per liter. The highest recommended level is 80 micrograms per liter.

The results for HAA5s, which have a highest recommended level of 60 micrograms per liter, came back at 130.4 micrograms per liter.

The running average of the past four tests shows TTHM at an average level of 124.8 micrograms per liter, with the average level of HAA5s measuring at 123.9.

Due to a mistake last week by The High Springs Herald, the incorrect averages were printed in a legal advertisement placed by the town of Fort White. The advertisement placed this week has the correct averages.

Davis said that the state has been working to lower the contaminant levels, and municipalities also have several options to reduce the levels.

Fort White has opted to flush the system in an effort to lower the levels.

Fort White Public Works Director Edmund Hudson said flushing the system involves using fire hydrants on the water lines to flush out water that may be stagnant, since that water usually collects higher levels of contaminants.

Sine the DEP drew another water sample Tuesday for the next quarterly test, officials were working to try to make sure that the sample was from fresh water, Hudson said.

“The flushing is just running extra water through the lines to try to get any contaminants out,” he said.

Hudson said the water plant also has changed the way it chlorinates water, since that may be part of the reason for increased levels of the contaminants, Hudson said.

This is done by adding less chlorine to disinfect the water before it is filtered, and instead adding more chlorine after water is filtered.

Hudson said that the advisory only affects those who drink treated water. But anyone who drinks raw well water, he added, should keep in mind that that water is not treated at all, and has more contaminants than the treated water.

Some residents have switched to drinking bottled water, Hudson said, but most people have not been too alarmed since the affects are not immediate.

Just bear with us,” he said. “We’re doing everything we can to get it under those levels.”

Contamination Levels

TTHM (Highest recommended level: 80 mg/L)
Results from Dec. 16, 2005: 71.77 mg/L
Results from March 3, 2006: 53.77 mg/L
Results from June 15, 2006: 226.58 mg/L
Results from Sept. 27, 2006: 147.1 mg/L
Average of last four tests: 124.8 mg/L

HAA5s (Highest recommended level: 60 mg/L)
Results from Dec. 16, 2005: 88.42 mg/L
Results from March 3, 2006: 66.8 mg/L
Results from June 15, 2006: 209.8 mg/L
Results from Sept. 27, 2006: 130.4 mg/L
Average of last four tests: 123.9 mg/L

John Davis, potable water supervisor with the DEP, said that both TTHM and HAA5s are by-products from the disinfection process when water is treated.

Contaminant levels tend to spike during the summer months, he said, when water is hot and stagnant.

In Fort White, levels of both contaminants have been highest during the summer but ran higher than recommended throughout most of last year, according to the DEP’s quarterly tests.

Volunteering to be in muck & cold water

By Sara Rubin
For The Herald

FORT WHITE - For the first time, Cathy Nagler realized the danger and isolation of her job.

Wearing a large, broad-rimmed hat that looked as if it was floating above the river, Nagler had stepped out of her canoe into the water and then into a beaver hole underneath.

She was stuck – and nobody was around.

“I thought to myself, how will anyone know I was there?” she said. “I needed a flare.”

Nagler, an Ichetucknee Springs State Park employee, oversees the water lettuce project, where the aquatic weed is pulled out of the water by hand by dozens of volunteers a year. The weed is so bad that if left unchecked, it chokes the life out of the river.

Nagler, however, doesn’t always have volunteers. Sometimes, she is by herself on the long, winding Ichetucknee River. She was by herself the day she stepped into the beaver hole and got stuck.

She chalks up that adventure to just another day on the river. The adventures are just a part of her job.

The muck and lettuce not only lure Nagler back for more each week, but several volunteers from outside organizations are repeat helpers with the effort.

Water lettuce, an invasive species in the Ichetucknee River, is picked out manually each week by dedicated volunteers with the goal of maintaining the water lettuce by 2010.

Each week, volunteers take more water lettuce out of the river. But there always is more around the bend. That’s not discouraging to Nagler or the volunteers.

“What would be discouraging is if we couldn’t get it under control to the point where we could maintain it,” she said.

By 2010, she expects to spend 100 hours per month checking the whole stretch of the river for any traces of water lettuce. Currently, she spends 50 to 75 hours a month checking the top half of the river for baby water lettuce. This maintenance work is charted and closely monitored.

More than 1,000 volunteers have dedicated more than 10,000 hours of their time to picking water lettuce from the river.

Nagler has been working at Ichetucknee Springs State Park for 16 years and has spent the past three and a half years managing the water lettuce situation.

Nagler spends 20 to 30 hours a week in a canoe on the river, both picking out lettuce in effected areas and going back to finished regions of the river to make sure baby water lettuce is not growing.

Volunteer groups are an integral aspect to cleaning up the river because maintaining it is a job too vast for one person only.

“The results you can see immediately,” Nagler said. “The water responds with immediate clarity.”

The project is so rewarding for her because the river livens up with each piece of water lettuce that is removed.

Nagler remembers that some of the most beautiful areas of the river were once covered in water lettuce.

“I get carried away with it, becoming one with all the nature that is around,” Nagler said. “It is a pleasant, rewarding job, but a little cold at times.”

Canoeing through the much traveled grassy areas of the river, Nagler has taken advantage of multiple opportunities to keep alive the wonder of nature for tourists.

The rustling of Nagler – when she is behind bushes or trees along the river -- sounds just like an alligator to suspicious tourists on the lookout.

Many people are suspicious for all the wrong reasons. Nagler has seen only one baby alligator in the Ichetucknee River in her 16 years, due to a Santa Fe River flood. Alligators are a very rare occurrence, Nagler said.

“I hear people tubing or canoeing down the river and as they near me, they all hush, listening hard for what must be an alligator, ‘at least 5-foot-6,’” she said. “I usually say nothing and let them wonder. It's all part of the Ichetucknee adventure. Imagination is a wonderful thing."

Besides the fun time of being misconstrued as an alligator, Nagler has found herself in some tough situations within the dense grasses of the river.

The wild grass grows thick and covers a tremendous amount of acreage. The issue with getting in the midst of that grass on a cloudy day is when “the daylight is going down, it’s getting late and I have no clue what direction to work my way through the grass -- no sunlight to show which way is east,” Nagler said.

Those tough areas amidst the brush are not where Nagler takes the volunteers. Volunteers work on easy access areas on the river banks.

Nagler relies on repeat volunteers to help her remove water lettuce. University of Florida groups, including the Center for Leadership and Service and various fraternities along with local schools and churches, are repeat volunteers for water lettuce removal.

Adrian Gonzalez, director of programming in the Center for Leadership and Service, has overseen several projects that sent UF volunteers to Ichetucknee.

“Gator Plunge” and “Make a Difference Day” both sent volunteers to remove water lettuce from the river.

“Well, first off, Ichetucknee is beautiful,” Gonzalez said. “Who wouldn’t want to volunteer there?”

Many UF students grew up in city environments and have not had many experiences to be immersed in the wilderness, Gonzalez said.

“I felt like Tom Sawyer,” he said. “I had to have my jeans pulled up, barefoot in the river, pulling out the water lettuce.”

While there are many volunteer opportunities in Gainesville, few involve the same atmosphere of the silence of nature and canoeing on a river, Gonzalez said.

“The reason why you should care is not only that it affects the river or its intrinsic beauty, but because the water flows cross-country and could even affect the Gainesville area,” Gonzalez said.

Gonzalez may have felt like Tom Sawyer, but Nagler has seen volunteers play the role of a muck monster. One day, a volunteer who was wearing bright red board shorts smeared the muck all over his body and put a water lettuce plant on his head, Nagler said.

“I wish I had a picture of that,” Nagler said. “I just couldn’t believe that guy did it. He was totally smeared in the mucky, smelly mud -- the real itchy stuff.”

It is difficult to see fast results while working on many service projects, but at the end of the day at Ichetucknee, the volunteers can see a tangible amount of water lettuce they removed from the river, Gonzalez said.

Kyle Armstrong, a 20-year-old member of Alpha Phi Omega, a UF service co-ed fraternity, is also a repeat volunteer at Ichetucknee.

Armstrong spent “Make a Difference Day” on Oct. 21 volunteering at Ichetucknee. Armstrong shared a canoe with one of his fraternity members.

The two also shared a lack of balance.

The two volunteers reached a large patch of water lettuce and decided it would be best to bury the canoe in the middle of the water lettuce.

“We both just leaned a little too far, and water came in the canoe,” Armstrong said. “(He) stayed on one side while I chased after the canoe across the river.”

Even though they fought with the canoe in the river for more than 20 minutes before a ranger came to help, the mishap made the service experience even more fun and exciting, Armstrong said.

“It’s a lot of fun to get outside the city of Gainesville,” Armstrong said. “Trash clean-ups are outside, but of course they are not the same as getting in a canoe to clean up a river.”

Although many students of all ages volunteer at Ichetucknee, water lettuce clean-ups are not just for the students.

The Busy Bee Women’s Club of Fort White is an organization for more mature women who appreciate nature. The women take day trips together, organize luncheons and give back to the community.

“They can work as hard as they can talk,” Nagler said.

At first, when Nagler heard all their chatting on the river, she was surprised how quickly they filled up their canoes with water lettuce.

But whether it’s senior citizens chatting as they clean, college students covering themselves in muck or Girl Scouts picking out water lettuce slowly, one at time, Nagler has seen it all, she said.

And she has experienced it all, she said, including the day when she got stuck by herself on the river with her foot in beaver hole. All that identified her was her broad-rimmed hat.

“This is a job hazard,” she said. “One day, someone will come along and see a big hat on the river and think nothing of it.”

Water lettuce can densely cover vast areas of rivers

Water lettuce, which has a latin name of pistia stratiotes, is an invasive weed prevalent in the southern United States. The plant first was reported in Florida in 1765.

Water lettuce usually forms a 6-inch rosette with thick, soft leaves and reproduces with seeds. The seeds allow the plants to reproduce quickly and complicate the containment efforts.

The optimal temperature for water lettuce is 72 to 86 degrees Fahrenheit. This makes Florida’s rivers and other waterways an easy place for the plants to thrive.

The plants can cover vast areas of rivers with dense packs of water lettuce that prevent sunlight from reaching plants and animals below the water’s surface and consume much of the oxygen in the water.

The plants also can inhibit boats and rafts from going down a river, and that affects the tourism industry. Water lettuce becomes a breeding ground for mosquitoes, which deters tourists from visiting as well.

For more information, visit http://plants.ifas.ufl.edu/seagrant/pisstr2.html or http://www.floridasprings.org

How to volunteer to pull water lettuce

Each month, Ichetucknee Springs State Park hosts clean-ups with 50 to 75 people. The upcoming dates are Dec. 16, Jan. 20, Feb. 17, March 17, April 21, May 19 and June 9.

These clean-ups usually begin at 8 a.m. and end at 1 p.m. Groups interested in volunteering can contact the park desk and arrange for any time or date. Cathy Nagler can assist them, weekends included.

For more information, call 386-497-4690, Monday through Friday, 8 a.m. to 4 p.m. or visit http://www.floridastateparks.org/ichetuckneesprings

North Port, county split over future

Sarasota County and the city are far from a joint planning agreement, even after months of talks.

At 103 square miles in size, North Port could swell to a quarter of a million people at buildout.

In a county of only 365,000 people, that is a prospect that frightens county planners, who have regularly sparred with North Port as it has rapidly grown from a sleepy town of fewer than 20,000 less than a decade ago to a city of more than 50,000 today.

The fears over how that many people will affect everything from traffic to schools to water to wildlife habitats remained at the forefront of talks Thursday over a joint planning agreement that would spell out where and how the city can grow in the future.

Even after three months of talks, the two sides remain very far apart. The county remains adamant in calling for fewer annexations and tight control how many people can flock into lands around North Port, while the city remains just as adamant about not ceding such decisions to the county.

The city has targeted more than 5,000 additional acres for annexation in the next 25 years, including portions along U.S. 41 and lands to the north and south of its western section. That much land could allow for the building of tens of thousands of homes.

"You as a city like more density, more mixed use in most places that you annex," said County Commissioner Shannon Staub. " ... If we can't find middle ground of moderation we will have knock-down, drag-outs."

After Thursday's meeting did little but underscore just how far apart the two sides remain, it appears more likely than ever that the issue is destined to end up in court.

Joint planning talks between the county, North Port and Venice began in September. The cities have a Jan. 4 deadline to reach individual agreements with the county. But while Venice and the county have the framework for an agreement in hand, talks between North Port and the county have faltered and no further meetings are scheduled.

If North Port and the county can't agree in the next three weeks, Sarasota has threatened to place a referendum question on the March ballot that would, if passed, give the county control over North Port's future annexations. North Port has threatened to sue in that event.

The county accused North Port of "cherry-picking" by including commercial property along U.S. 41 in its annexation plans, while leaving out nearby trailer parks.

North Port and the county also argued about whether the city should be able to annex more than 3,600 acres south of the Thomas Ranch development. Sarasota County is worried that North Port would take the land and put more people there than the county wants. The county demanded a hand in deciding what becomes of the large unincorporated area.

"We just got kicked in the teeth," said North Port Commissioner Jim Blucher of county objections over the city's plans for future annexations.

"There's nothing that any of the five of us have said today that we have not said consistently over the past three and a half years," said County Commissioner Jon Thaxton.
High Springs rezoning ban ends; plan board may consider renewing

HIGH SPRINGS – Six months ago, High Springs residents who were unhappy with development in the city petitioned for a temporary rezoning ban that would give residents time to work on a plan for the regulation of growth.

Now, as that temporary ban comes to a close, residents say they are happy with the city’s visioning process that has started to form that plan, but they also want to see that plan come to fruition.

Residents Kelly George and Vivien Miller started the petition for the rezoning ban early this year.

Miller said that as a result of the process the two went through to get the petition approved, much attention was brought to the subject, which made people more aware of growth in the city.

“I think the (rezoning ban) had an impact in that it really brought the matter more to the attention of the residents,” Miller said.

While previous visioning meetings already had helped to start the process of forming a plan for growth, she said, previous meetings had low participation, while the recent meetings have had much greater resident involvement.

George said she also is happy that the zoning ban brought attention to the city’s growth.

“I think it woke people up to what has happened in High Springs, and what could happen,” she said. “I think it has been a positive.”

She added that since the actual plan has yet to be completed, she would like to see the commission consider to extend the length of the ban until those steps are made.

“I think that’s what the residents want,” she said. “They want to have these ideas in place…If the Plan Board chose to extend it, I think that would be excellent.”

City Planner Christian Popoli said that the Plan Board has had some discussions regarding extending the rezoning ban.

But since the current ban ended Dec. 8, he said, the Plan Board didn't have the chance to recommend approval or denial of the extension to the City Commission.

Once the Plan Board makes its decision, he said, the City Commission also would have to vote on the matter. But after the next Plan Board meeting, the commission won’t meet until January because of the holidays.

“There would be a gap (in the ban) regardless,” Popoli said.

The Plan Board may choose to discuss the matter at its Dec. 18 meeting, he said.

City Manager Jim Drumm said that he only knows of one developer who has been waiting to apply for rezoning, so he doesn’t expect a rush of applications once the ban has been lifted.

Popoli said that some of the topics of most interest in the visioning meetings included the creation of new zoning categories for conservation and agricultural land use, the creation of an urban service boundary that would regulate the location of businesses and planning for alternate transportation.

“It feels like we’ve reached a point where we’ve had enough input where we can start generating some drafts,” Popoli said. “We want to go and take a stab at it and see if we’re on the right track.”

He expects to start making such drafts in January, he said, and the final visioning meetings should finish by early spring.

Topics that the group still has yet to discuss include detailed discussions on mixed land use and specific talks about codes specifying architectural guidelines for downtown.

“Ideally, we should have the comprehensive plan and land development code and everything updated by fall of next year,” he said.

City Commissioner Larry Travis said that he has attended the visioning meetings and seen first-hand that the process has been a long one that still needs a lot of work before completion.

“I don’t think we’ve accomplished nearly what we need to,” he said. “We still don’t have anything written down that we can look at and see where we’re going. And that bothers me.”

He said that between the time that the rezoning ban is lifted and the commission adopts changes to its comprehensive plan, he hopes that commissioners will remember what the residents have asked for in the visioning meetings.

But what he really wants, he said, is to have something official from the visioning meetings that commissioners can look at before deciding whether to approve new developments.

Travis has taken notes at all the meetings, he said, but everyone has their own interpretation of what has been said and decided at the visioning meetings.

Miller said that there is still much to do but she hopes that residents continue to participate so the updates can be made as soon as possible.

“I think it will happen in 2007,” she said, “as long as we stay on track.”

Fruitland Park adds 980 acres

Bill Koch
Staff Writer

FRUITLAND PARK - Despite heated objections and one legal threat to the city, Fruitland Park commissioners Thursday approved an ordinance annexing 980 acres along the east side of County Road 466A.

Nearly a dozen people, including a Casselberry attorney, attempted to persuade the commission to nix the annexation, which could help the city's population triple in the next 10 years.

City commissioners said they decided to take an aggressive approach to annexing during workshops in the last year.

"By annexing this property, we're going to have a lot more control," said Mayor Christopher Bell. "This is an opportunity to control our destiny."


City officials have said annexing surrounding property is the only way of preserving the city's "small-town" character.

"We're going to grow, but hopefully we'll be able to maintain the city's character," the city's community development director, Peggy Clark, said last month.

Fruitland Park has little room to expand, with Lady Lake to the north, Sumter County to the west, Leesburg to the south and Lake Griffin to the east.

"What we'd like to do is maintain the integrity of this town," said City Manager Ralph Bowers.

Thursday's annexation leaves just 1,000 acres of unincorporated land adjacent to Fruitland Park.

Several neighbors of the property painted the annexation as one more step toward sprawl consuming their rural lifestyles.

"It's not going to be a 'friendly city' anymore," said Jackie Millinoe.

The zoning designations set Thursday night could allow as many as 3,400 homes to be built on the former Pine Ridge Dairy in the next 10 years. Sandy Ferreira said the move may lower property values and boost crime levels in the area.

"There's a lot of undesirables" in more crowded areas, she said.

Attorney Eric Faddis said two lawsuits pending in federal court over the legal ownership of the dairy land may cause trouble for the city.

"We would ask that you withhold your decision," he said. "There's a seriousness here. I'm just not here to waste your time."

Mount Dora attorney Bruce Duncan, who represents the dairy, dismissed Faddis' legal claims. "He could have named Fruitland Park in the lawsuit," Duncan said. "This matter is, you have a valid application."

One woman, who lives outside the city limits, accused city officials of deliberately annexing the property to make a profit.

"If people own their property, they should have a right to it," said Commissioner Sharon Kelly. "What we're trying to do is keep The Villages from owning the property."

"We don't want to lose Fruitland Park to growth," Bell said.

A business center and elementary are being planned for about 75 of the acres, Bowers said.

Duncan said development may begin in seven to 10 years.

Filter marshes ready early, but rain misses mark

Palm Beach Post Staff Writer

Friday, December 15, 2006

Water managers say they have finished a 5,120-acre expansion of their Everglades filter marshes south of Lake Okeechobee - three weeks ahead of schedule.

One snag: They can't yet put any water into the marshes because of concerns about drought, especially over Lake Okeechobee and the Kissimmee River valley.

Those worries remain despite Thursday's downpours in eastern Palm Beach and Broward counties, employees of the South Florida Water Management District said.

"We're still 18 inches short for the year in the whole Kissimmee valley," said Terrie Bates, assistant deputy executive director. "Everything here is good for us on the coast, but it's not really doing anything for the overall regional system."

The new marshes need water to start growing cattails and other plants that will pull phosphorus from runoff entering the Everglades.

But flooding the marshes now could cause trouble later if the drought worsens, Bates said. Not only could the plants die for lack of water, but then the seeds lying under the ground might no longer be available.

The marshes "are fully ready to go," she said. "The only reason that we're cautious is because of the drought."

Deputy Executive Director Ken Ammon said the district still has met its legal deadline of Dec. 31 for finishing the expansion - in just 26 months. "I think that's pretty much unheard of," he said.

The new marshes are in addition to 36,000 acres of pollution-cleansing wetlands the district has built since the early 1990s for its $1.1 billion Everglades cleanup. Bates said the district aims to give those marshes enough water for their plants to survive.

The drought also caused the district to renew its calls for conservation this week.

Through November, this has been the driest year since 1938 in the 16-county district, chief consulting engineer Calvin Neidrauer said Wednesday. Lake Okeechobee's water levels were just over 12 feet above sea level Thursday, and are threatening to drop below that point for the first time since 2002.

Housing boom is headed for a bust
Firm: Construction slump will get worse


OCALA - Marion County's building boom that fueled the area's economy and created construction employment increases of 12 percent annually will soon hit a brick wall and tumble back to 2001 levels.

That is, according to the Palm City-based Policom Corp. and its recent study for the Marion/Ocala Economic Development Council.

"We're headed for a meltdown," said Policom President William Fruth. "We're already melting down in South Florida."

"Real buyers just aren't out there to justify the construction," he said Thursday, after the Star-Banner published his report. "[Previous] construction levels just aren't sustainable."

Fruth said in his report to the EDC that construction levels will drop by half.

"The community should prepare itself for a decline of 50 percent in new construction value from the 2006 level over the next two years, an overall decline in property values of 10 percent and a decline of sales tax revenue of 5 percent," according to the report.

The study was conducted for the EDC to evaluate the effect on Marion County and Ocala if Emergency One, the area's leading manufacturing employer, left Ocala. The company announced this fall it was considering other sites outside Florida for its new plant and closing the one in Ocala. E-One has almost a half-billion dollar annual impact on the county.

"I don't question the 50 percent [construction decrease]," said Marion County Commissioner Stan McClain, who is also a local builder. "We were in a frenzy."

"[Other builders] are telling me their numbers are way off, too," he said. "It's a bust."

And while most skilled construction laborers will survive the slowdown, McClain predicts the hardest hit will be unskilled workers.

"They're going to feel the brunt of this," he said.

Josh Klugger, president of Center State Construction, does not think construction will fall by half, but the decline will be substantial.

"I don't think it will be 50 percent, but rather 25 percent to 30 percent," Klugger said, adding he doesn't think construction will ever get back to last year's level.

Klugger's company built 120 homes in 2005.

The factors that helped create the building boom for Marion County, such as undervalued properties and investors able to build, will not come together again, he said.

The stampede of investors, buying every scrap of available land and building on it is now permanently a thing of the past, Klugger predicted.

Valerie Hance, of Holiday Builders Inc., said people stopped buying new homes recently because they were unable to sell their existing homes. But during the past two months new homes have started selling again.

"I think we're at our worst. I think during the last four months we've bottomed out and now we're picking up," she said.

Holiday Builders builds about 200 homes annually.

But Hance also predicts the construction boom will not be as robust as before, but instead construction levels will go back to 2001 levels.

New construction values in 2001 were $322,601,723. In 2005 it climbed to $781,842,660, according to Property Appraiser records.

Marion County avoided previous Florida construction busts because it was never part of the building booms, Fruth said.

But between 2001 and 2005, the county's construction employment rates increased at an annual rate of 12 percent, the largest in the country's 361 metropolitan areas, Fruth said.

That makes the county ripe for a tumble.
As for talk that the worst was over, Fruth said, "It will get worse."

"I don't think we'll bottom out until June 2007."

Fred Hiers may be reached at fred.hiers@starbanner.com and (352) 867-4157.

Time to get whiney over death of Briny

Palm Beach Post Columnist

Friday, December 15, 2006

We seem to be awash in sentimentality over the impending demise of Palm Beach County's favorite trailer park town.

Briny Breezes, that beachfront bonanza of tuna-can haciendas, the poster child of the real estate agent's credo, "Location, location, location!" may soon be no more.

Grandma and Grandpa are poised to take the money and run. In this case, a $510 million deal has been signed to buy out all 488 property owners, making millionaires of people who had once paid a modest sum for a modest little home near the beach.

The metallic town, sandwiched between Gulf Stream and Ocean Ridge along A1A, is disappearing to make way for a high-rise, high-priced, extravaganza of luxury residences and commerce.

Just what we need, another view-blocker along the ocean filled with mostly shuttered residences owned by people who can only stomach being here for a few months every year.

I'm setting the over-under on showy fountains at the new place at three.

Already, the pining over Briny Breezes has begun. Usually, we don't grieve the loss of trailer parks this acutely.

But under the circumstances, who can blame anybody for a little mawkish reflection?

So, in that spirit, I'd like to announce the Get Whiny 'Bout Briny Poetry Open, an opportunity to gather for better or verse to mark this occasion, as we pass the torch - or is it the porch? - of so-called progress from Old Florida to whatever the heck we're doing now.

Yes, it's time to wag the doggerel.

Get it all out. The only rules are to make your Get Whiny 'Bout Briny poetry submissions short (preferably just four lines), and funny, or poignant. Or better yet, funny and poignant. And it wouldn't hurt to try making things rhyme once in a while.

I'll feature the best of your efforts in a future column.

In the meantime, I'll prime the pump with a few of my own Briny ruminations ...•

Did grandma just go crazy?

She sold her trailer lot.

We thought her mind went hazy

'til she told us what she got.

I drove along that A1A

where Briny's golf carts crossed.

But now there's some monstrosity,

not a hint of what was lost.

I don't think I shall ever use

the expression "trailer trash."

Not after those folks at Briny

made off with all that cash.

Prescription costs, oh big deal.

Health care woes won't faze us

Once we get that Briny money

we're heading off to Vegas.

You can pine for simple things,

for sea breezes in the night.

But paradise is negotiable

when the money's right.

The ocean view from your condo nest

is like from a mountain crag.

Yet once there stood, on this very spot

a trailer with Canada's flag.

Let them gripe and rhapsodize:

"Old Florida lost, it stinks."

We'll be in the Caribbean,

sipping umbrella drinks.

They had a yard sale in the Briny,

Many people were at hand.

Astroturf carpets, lots of trinkets,

Nothing of value, but the land.

We came down south from Canada,

for a cheap, sunny place to go.

But they gave us enough money

to send us back to snow.

When planning for my future,

I considered buying stock.

But Briny Breezes has shown me

an investment that's a lock.

So I'll buy into a trailer park

by the South Florida Fair,

and wait for global warming

to bring the oceanfront there.

Board asks for plan on relocation Developers who plan to build 700 apartments on the 40-acre property that now houses Alamar Gardens Mobile Home Park will have to provide concrete evidence that they made arrangements for residents living in 126 mobile homes on the property.

Members of the Gainesville City Plan Board voted 5-1 Thursday to delay making a decision on rezoning the property, at 4400 SW 20th Ave., recently annexed into the city.

The plan board generally approved of the relocation plans by the Biltmore Corp., the company that plans a development called SoHo on the property. But board members wanted Biltmore to show proof of the plans by putting them in writing.

"I think their offers are wonderful, certainly they're nicer than we saw with Candlelight," said board member David Gold, referring to a mobile home park whose rezoning the board turned down last month.

Developers proposed several options for residents who would be forced out of the park, going "above and beyond" a state law that requires developers to make sure affordable housing is available for mobile home residents being relocated by development, said board member Adam Tecler, who voted against the option to delay. Tecler argued the developer had met the criteria and should be allowed to bring the rezoning to the City Commission.

At the meeting, Jon Wershow, an attorney representing the developers, presented plans that would provide incentives, comparable rental rates and the payment of moving costs to mobile home owners relocated to other parks.

About a half-dozen residents showed up Thursday to argue against the rezoning.

"Most of the families in this trailer park are low income — as my family is — and we just got through paying for our mobile home and it would be an imposition to us to take on another mortgage," said Nancy Shepherd, who has lived at Alamar for four years with her husband.

Thursday's decision comes as two recent mobile home issues are still fresh in the mind of City Plan Board members. When presented with a plan to develop Candlelight into a shopping center, Plan Board members ruled that there was not enough comparable affordable housing available and recommended the City Commission deny the proposal. Developers withdrew their request before it could be heard by the City Commission.

The Plan Board was also still smarting from plans to evict residents from Buck Bay Mobile Home Community in 2008 following a rezoning the board endorsed.

At the time, the property's owner promised to not evict any residents but then sold the property to a developer who plans to build single-family housing on the lots.

Residents of Candlelight and Buck Bay also showed up at Thursday's meeting to object to the plan, arguing that with a rash of mobile home park closings there would not be enough room in the remaining mobile home parks for all the displaced residents.

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

Project Is 'True Ecosystem Restoration'

Published: Dec 15, 2006

TERRA CEIA - A handful of long sand fingers jutting into the eastern fringes of Bishop Harbor will soon become part of a massive restoration project.

On land originally created as peninsulas for houses with boat docks, shoreline experts are re-creating coastal habitat destroyed years ago to create a gladiola farm, then contoured for development.

When the developer went bankrupt in the 1990s, the state stepped in, said Brandt Henningsen, senior environmental scientist with the state's Surface Water Improvement and Management program.

Terra Ceia is a 1,900-acre tract of land purchased at auction by environmental agencies in the mid-1990s.

It is the southernmost piece of land in a chain of protected parcels that make up a wildlife corridor stretching more than 20 miles south of the Little Manatee River.

The property is west of U.S. 41, just south of the Hillsborough-Manatee county line.

It is owned by the Florida Department of Environmental Protection and the Southwest Florida Water Management District.

Once the restoration work is complete, Terra Ceia will be the largest ecosystem restoration project ever completed along Tampa Bay, Henningsen said.

"This is true ecosystem restoration," Henningsen said.

Randy Runnels, state manager of the Tampa Bay Aquatic Preserves, said the state has long wanted to restore habitats near aquatic preserves.

Yvette C. Hammett

Sewage plant agrees to quit dumping waste near reef

Palm Beach Post Staff Writer

Friday, December 15, 2006

DELRAY BEACH — A sewage treatment plant sending an average of 13 million gallons of partly treated wastewater into the sea each day will discontinue the practice within the next few years, board members of the utility decided unanimously Thursday.

The vote will make the outfall pipe carrying the waste of Delray and Boynton Beach residents the first of six remaining such pipes in South Florida to go out of regular use. The plant will instead use a deep well to dispose of more highly treated waste.

The decision was the culmination of a four-year struggle by the nonprofit Palm Beach County Reef Rescue to draw attention to the effects of the outfall on the nearby coral reef system, which has been suffocating in recent years under a pollution-fed toxic algae bloom.

"I'm glad they made the right decision. We support them one hundred percent, and we'll do anything we can to help them," Ed Tichenor, the group's director, said.

The decision also represented a major step toward a resolution of the plant's 18-month-long quest to renew its permit in the face of mounting public resistance and criticism from county environmental officials. In the course of negotiations for that permit, the South Central Regional Wastewater Treatment Plant agreed to spend $600,000 to study the effects of its discharge.

Instead the two cities will spend $17 million over the next two years to build a deep well on the plant's site.

"We will probably need to revisit our sewer rates pretty quickly," said Delray Beach Commissioner Jon Levinson, who along with the other commissioners of both cities, sits on the board.

While the plant now treats and sends about 25 percent of the wastewater into reuse for irrigation, finding customers for the reclaimed water and building additional pipes has been a challenge. At the same time, a condition for the plant's new permit would have restricted its use of the outfall to the present average of 13 million gallons a day, which would have interfered with the continued population growth of both cities.

While Levinson and plant operator Robert Hagel continued to question whether the plant's discharge was responsible for the algae bloom, Rep. Richard Machek, D-Delray Beach, who attended the meeting, said that if the board had not agreed to close the outfall, he would have introduced a bill to limit the amount of potentially algae-feeding nitrogen the plant could discharge through the pipe. He cited research from the Harbor Branch Oceanographic Institution linking nitrogen from outfalls to nitrogen feeding the algae.

"I think Delray Beach and Boynton Beach made a giant step forward," he said.

But with the decision to close the pipe, County Commissioner Mary McCarty questioned if the plant still needed to spend $600,000 on a study of its effects, adding, "It's ridiculous."

Delray Beach Mayor Jeff Perlman noted the study was one of the state's requirements for the permit, remarking, "another unfunded mandate."

Levinson questioned if the deep-well alternative also would face controversy.

"I don't want another group sitting around 20 years from now saying, 'What were you thinking?'" he said.

Boynton Beach Commissioner Brenda Montague asked if the state would write a letter supporting the change.

"A permit is the best letter of support," Hagel noted.

Venice squares off with Corps over use of south jetty land

Feds say city has encroached on its land

VENICE -- It is the jewel of the city, Venice's south jetty, where the Gulf curls into the Intracoastal Waterway and visitors can park in the sand to drink in an orange sunset or spot a running dolphin.

In an act of municipal hospitality, the city built Anita's Sandcastle here, a restrooms-and-concession facility to cater to the essential needs of gawkers.

But in what some call an ugly display of federal hostility, the U.S. Army Corps of Engineers has countered with a stern demand:

Get off our property.

Now a city-federal land dispute has flared, reminiscent of two stubborn neighbors bickering over whose property the oak tree sits on.

The city wants Anita's to stay put. The Army Corps has floated a six-month deadline. Either move the hut elsewhere on the property, they say, or get rid of it altogether.

"They'll have to work out some kind of agreement," said Carl Zanner, weighing in on the matter from just outside Anita's Sandcastle as he clutched a hotdog. "Personally, I would tell them (the Corps of Engineers) to go to hell."

The Corps of Engineers, which carved out the Intracoastal Waterway in the late 1960s to form Venice island, says the city has encroached on a federal easement, which prohibits anyone but the Army Corps from building anything on the less than two acres of beachhead.

"Under those rights, the underlying owner cannot do much of anything but walk across that land," said Sharon Conklin, real estate chief at the Corps' Jacksonville District. "The main thing they can't do is build improvements."

Unless that is respected, the Corps says contractors would have no room to stage the construction equipment that will one day be brought in to maintain the jetty's rock walls.

But Venice is not budging. Instead, the city has unearthed faded deeds from Sarasota County dating back to the late 1970s that they contend grant rights to build what they want, where they want.

"We aren't encroaching on our own property because that's something you can't do," said city attorney Bob Anderson.

Anita Deans, the snack stand's namesake, owner and seven-day-a-week operator who ran the business when it was just a stand on wheels, said she expected as much help from her patrons as city officials.

"All I know is, I have a lot of loyal customers," said Deans, 35.

Customers agreed.

"This is the best thing that happened to this little area," said Jo-Ann Preville, as she sat eating lunch with her husband.

City officials have yet to back down.

They note that in navigating the labyrinth of permitting and public notice requirements that go with building anything within sight of a waterway, the Corps voiced nary a peep of objection.

The Corps' response? "We didn't know about it," Conklin said.

What the Corps does know, Conklin said, is that they met with city engineer Nancy Woodley in August to discuss the matter.

In November, Conklin fired off a letter to Woodley along with paperwork for signature.

The papers grant Venice six months to move Anita's Sandcastle and all underground utilities, at considerable city expense, or clear it out altogether.

Rather than sign, City Attorney Anderson responded with a polite refusal stapled to photocopies of the county deeds.

Conklin said the Corps noticed the problem last year, when a nearby portion of the jetty needed maintenance.

Although no plans exist to maintain the portion of waterway rock wall that lies just yards from the Sandcastle's grill, they will not drop the matter, arguing that maintenance will come due one day.

"We'll let you have it," said Conklin, "but just on a different part of that easement."

But on a cloudy Thursday that still brought a crowd to fill the picnic tables and line up at the counter, Anita voiced skepticism.

"Hello, look at this location!" Deans said. "Where else am I going to go?"

Interstate widening gets nod

By KORI FREDERICK
Hernando Today Correspondent

RIDGE MANOR — With plans still in the developmental stage to eventually widen Interstate 75 to eight lanes, the Florida Department of Transportation (FDOT) may find it still has a long road ahead.

More than 40 Hernando and Pasco county residents attended the public hearing at the Ridge Manor West Community Center to voice their comments about the project on Wednesday night.

The plan to widen I-75 starting from State Road 52 in Pasco County to County Road 476B in Sumter County would take place in two phases. The initial phase would involve adding a lane on each side in the existing median. The second phase would be a widening to the outside on the existing shoulder of the interstate. New land would only be acquired for retention ponds and additional shoulder space, said John Kenty, the consultant project manager.

Most residents agree that widening the road is long overdue.

“They need to do it badly,” said Ken George, a Ridge Manor resident. “If there’s an accident — forget it. We were stuck behind one for four and a half hours last month. Tampa has three or four lanes on each side; it’s about time we got more lanes, too.”

The project also calls for the construction of new on- and off-ramps at the State Road 50 interchange and the County Road 41 interchange.

The current design at County Road 41 no longer meets design standards for ramps, Kenty said. The new design would be a half-diamond shape — similar to the one currently used at S.R. 50 — and would implement gentler, higher speed ramps. This design would not be used until I-75 went into the second phase of construction when it widens to eight lanes.

The interchange at State Road 50 is a stickier situation. There are two proposed options for construction: Option C and Option D.

Option C would use a fly-over ramp, literally a ramp that flies 50 feet in the air over the interstate, from the westbound side of S.R. 50 to the southbound on-ramp of I-75, connecting the east and westbound on-ramps. The fly-over ramp would start in the median of S.R. 50, several hundred feet before Windmere Road, Kenty said.

Option D would also use a fly-over ramp, he said, this time as an off-ramp from the northbound lane of I-75 to the westbound traffic of S.R. 50. The off-ramp would still end in the median of westbound traffic and then merge with the rest of the road.

With either option there are a few problems. Additional property would be needed on either side to allow for the construction of embankments. In the case of Option D, part of the parking lot of the Cracker Barrel restaurant would be needed. Option C doesn’t allow for any left turns onto the westbound side of S.R. 50 from the Racetrac gas station up to the Winn-Dixie shopping plaza. All traffic would have to go to Sherman Hills Boulevard and make a u-turn to get back to the interstate or to head into Brooksville.

David Hill, a Sherman Hills resident and Ridge Manor business owner, did not favor Option C.

“Option C will adversely affect businesses and residences on the north side of highway 50,” Hill said. “Option C disallows entrance to any of the businesses or residences on that side of the street. We will have to go to Sherman Hills Boulevard and make a bunch of u-turns. With the volume of traffic the DOT is expecting that can’t be a safe way to direct the flow of traffic.”

James Nico, a Ridge Manor West resident agreed.

“There’s another option you can use,” he said of the ramp issues. “That’s extending the exits. If you start back a mile or two, you can put in an exit that’s one or two miles long. You don’t have to spend the excess of hundreds of thousands of dollars to build your fly-overs. You’ve got 300 miles between here and Georgia. Just extend it.”

The main issue that concerned the residents was the removal of the light at Windmere Road, an intersection where more than 600 Ridge Manor residents had petitioned the DOT to install a light almost 10 years ago.

“How many people must die before you will put in a traffic light?” Nico implored. “For the safety of the people do not take away these traffic lights.”

In addition to the safety issue of removing the light, concerns were also voiced about the increased noise level that would occur as the interstate would be moved closer to homes.

Rex Hobbs, a Pasco County resident, owns four of the 22 homes in Pasco County the DOT cites will experience an elevated noise level; a level their own plan says exceeds the standard allowed. The DOT currently has no plans to build a wall that would buffer the noise off the houses.

“It (the noise level) is tolerable the way it is,” Hobbs said. “If you bring it 20-24 feet closer, it makes a difference. If they build a wall it drops the noise by five decibels. They are neglecting safety in favor of cost. I hope they will spend the money and reduce the noise.”

Those who were unable to attend the meeting can still voice their concerns to the DOT about the project. They may mail a formal comment to project planning and development manager, Robert Clifford: FDOT District Seven, 11201 N. McKinley Dr., MS 7-500 Tampa, Fla., 33612. All correspondence must be postmarked by December 23.

Kori Frederick can be contacted at 352-442-2871.

DOT Reveals Road Plans

Published: Dec 15, 2006

DADE CITY - The Department of Transportation will delay until 2011 its plans to widen U.S. 41 north of Tower Road, according to a new work schedule released Thursday.

The delay is part of more than $400 million in road, transit and aviation projects the DOT has scheduled for Pasco County starting in summer.

The agency presented its pending five-year work plan to county officials Thursday. It covers the various steps needed to plan, design, build and buy land for projects through mid-2012.

The list includes repairing several chronically congested intersections, along with widening highways and improving bus and plane service in the county.

The work plan must win approval from higher-ups in Tallahassee before going into effect in July, said Bob Clifford, planning director for the DOT's Tampa regional office.

The pending plan reflects the new realities facing DOT in terms of costs for materials, land and labor, Clifford said. In recent years, the agency has seen its costs soar for things such as asphalt and earth work.

"We're at the point now where dirt is no longer cheap," Clifford told the Metropolitan Planning Organization, Pasco's transportation planning board. The price of a cubic yard of fill dirt has tripled to $30 since 2003.

"The numbers are pretty staggering," said County Commissioner Jack Mariano, who leads the MPO.

Projects Are Pushed Back

The DOT also has had difficulty lining up contractors. Last year, 70 percent of the agency's projects drew fewer than three bids, forcing the DOT to delay them for lack of competitive prices, Clifford said.

As a result of those problems, some Pasco projects have been delayed in hopes of making them more feasible, he said.

One such delayed project is widening U.S. 41 between Tower Road and Connerton Boulevard. Originally set for 2009, the work has been bumped to 2011.

And the design phase of widening State Road 54 from Curley Road east to Morris Bridge Road was postponed a year, to 2012.

Friends In Tallahassee

County Commissioner Ted Schrader reminded his MPO colleagues that Gov.-elect Charlie Crist, who is from St. Petersburg, and state Sen. Mike Fasano, R-New Port Richey, could strengthen the Tampa Bay area's position in the state capital where road funding is concerned. Fasano will chair the Senate's Transportation and Economic Development Committee and be majority whip.

"The stars seem to be aligning for the Tampa Bay area and Pasco County," Schrader said. "The needs are there, and simply delaying them doesn't solve the problem."

The MPO also heard from the DOT about plans to expand Interstate 75 to eight lanes from State Road 52 to just inside Sumter County. All of the widening can be done within the interstate's existing boundaries, but land will be needed for drainage, Clifford said.

DOT officials expect the project to win approval from the Federal Highway Administration early next year.

DOT'S PLANS FOR PASCO

The state plans to spend more than $400 million during the next five years on road, transit and aviation projects in Pasco. Here's some of what's on the agenda for 2007-08:

•$26 million to widen State Road 54 between Bruce B. Downs Boulevard and Curley Road in Wesley Chapel. Half the money will come from Pasco County.

•$14.8 million to buy land for the Interstate 75 widening between State Road 56 and County Road 54 in Wesley Chapel.

•$321,000 to buy land along State Road 39 south of Zephyrhills before replacing the bridge over the Hillsborough River in 2008-09.

•$5 million to repave eight miles of U.S. 41 north of State Road 52.

•$131,500 to design and build a taxiway at Zephyrhills Airport.

•$350,000 to develop a bus route in the Moon Lake area.

Source: Florida Department of Transportation

Kevin Wiatrowski can be reached at (813) 948-4201.

County chooses roads to fix first

BY JAMES DEAN
FLORIDA TODAY

A $50 million infusion of borrowed money will complete a handful of road projects, help secure the route for a new parkway and add sand to depleted beaches, Brevard County commissioners decided at a workshop Thursday afternoon.

But money to widen Palm Bay Road -- where five motorists have died in recent accidents -- remains in doubt despite county leaders' pleas to state transportation officials at an earlier public hearing Thursday.

"This is an issue of safety," Commissioner Helen Voltz said.

At the afternoon workshop, commissioners discussed how to divvy up $83.4 million the county plans to borrow. That's the most they could raise by leveraging $7 million in gas and property taxes set aside for that purpose in this year's budget.

They decided to commit $21 million for purchasing right-of-way for the St. Johns Heritage Parkway, the planned 40-mile north-south connector formerly called the Palm Bay Parkway. Another $14.4 million will complete five road projects in progress.

The new money only scratches the surface of a roughly $450 million backlog of road improvements.

And $15 million over the next six years will dump sand and stabilize dunes in an area known as the "Mid Reach," which includes Satellite Beach and Indian Harbour Beach.

Commissioners will decide at a future workshop how much of the remaining $33 million to devote to additional roadwork or facilities upgrades.

At the workshop, various county department and agency representatives made their preference known, urging the improvement of their cramped or dilapidated buildings, from the jail and courthouse to space for prosecutors, public defenders, elections officers and county archives.

"We have lawyers now and we have no place to put them," Public Defender James Russo said.

During the morning public hearing, South Brevard representatives and residents blasted the state Department of Transportation for pushing back the widening of Palm Bay Road until 2012 in their work plan.

"It just doesn't make sense," said Carl Wannamaker, a member of the Lockmar Homeowners Association board. "We're throwing money away."

Department officials said increases in material and labor costs resulted in a $300 million deficit in the district that includes Brevard and eight other counties.

But local leaders said they were mystified by the recently announced delay.

Just a month ago, state officials were working with them to make up the projected $15 million increase in the project's cost, to $51 million, so it could begin on schedule next month. The work is projected to cost $67 million in 2012.

"There's got to be a better solution than simply punting the project until 2012," said Sue Hann, Palm Bay's deputy city manager.

DOT representatives said they would consider the feedback and examine alternatives.

"The game is not over," said Noranne Downs, department secretary for District 5.

After the public hearing, the Brevard Metropolitan Planning Organization unanimously approved a motion objecting to the project's deferral and pledging to pursue any legal or legislative options that might restore the money.

Contact Dean at 242-3617 or jdean@flatoday.net.

Record downpour causes sea of problems

Palm Beach Post Staff Writers

Friday, December 15, 2006

Bill Saunders stood in knee-deep water in West Palm Beach's Pineapple Park neighborhood, his tow truck's headlights flashing a message to other motorists: Stay away.

In the town of Palm Beach, where Army surplus vehicles rumbled to rescue stranded drivers, Jennifer Uhlinger waited outside the Brazilian Court Hotel for someone to tow her BMW. "My hair's fabulous," she joked, fresh from a stylist appointment, "but it's wet."

The downpour dumped 7.85 inches of rain from 7 a.m. to 7 p.m. at Palm Beach International Airport, the National Weather Service reported. That shattered the previous Dec. 14 record for that site, 3.75 inches in 1955.

About 20,000 Florida Power & Light customers lost power, water crept up to front doors, and the American Red Cross opened a shelter as Palm Beach County residents awoke to a dark day that delivered the freakish winter storm.

The rain - more than 8 inches in places - swamped streets and intersections with as much as 3 feet of water, snarling traffic, making manholes bubble and springing new leaks in roofs still damaged from the 2004 and 2005 hurricanes.

Expect more rain today, meteorologists say. They blamed Thursday's deluge on a complex blending of causes, including a soggy trough streaming from the Gulf of Mexico and a train of thunderstorms pinwheeling from the Atlantic.

The rain poured mainly over Palm Beach and Broward counties. It might have been the region's first taste of the wet winter that meteorologists have predicted after this year's return of El Niño.

But here's an irony alert: The drenching did little to ease the threat of drought in South Florida, which has been experiencing one of its driest years in nearly seven decades.

Forecasters said they won't know for sure that El Niño caused Thursday's soaking unless more storms like it appear.

"We probably need about a dozen of them to make the water shortage go away," said Eric Swartz, a meteorologist at the South Florida Water Management District's headquarters in suburban West Palm Beach.

More than 7 inches of rain fell in Lake Worth by late afternoon. More than 6 inches fell west of Boca Raton and nearly that much in North Palm Beach, according to the South Florida Water Management District's rain gauges.

A whopping 8.47 inches fell in the heart of the Arthur R. Marshall Loxahatchee National Wildlife Refuge west of Boynton Beach. In Palm Beach, town officials claimed unofficial readings of up to 12 inches between 8 a.m. and 3 p.m.

But water managers noted that little rain fell where the region most needs it, especially over Lake Okeechobee, the Kissimmee River valley and the Treasure Coast.

"It's too little too late for this year," water district spokesman Jesus Rodriguez said. "We're still looking at the driest or the second-driest year on record."

Not everyone was complaining, though. National Hurricane Center Director Max Mayfield, visiting the district to receive a proclamation of thanks for his years of service, was almost beaming at the soggy scene outside.

"This is beautiful - the grass will turn green again," said Mayfield, whose agency has credited El Niño with calming this year's hurricane season. "I pray for El Niños."

But outside, things were ugly.

In notoriously flood-prone Pineapple Park, Saunders stood by his Sheehan's Towing truck at the intersection of Mercer Avenue and Whitney Street, the vehicle's lights flashing. He said he had rescued two swamped cars between 1 and 2 p.m., then stuck around to warn other drivers.

"They can see me standing here in a yellow