Gulf Coast residents greet drilling vote with worry and shrugs

By CRAIG PITTMAN, Times Staff Writer
Published June 30, 2006

For some residents of Florida's west coast, the thought of oil drilling within 50 miles is a terrifying prospect.

"If there's a spill, oh my, would there be hell to pay," said William Ward, owner of Captain's Finest Seafood in Tampa.

Others are not concerned about the possibility of oil spills

"I don't think the risk is that great," said Dutch Woods, ships store manager at the Cedar Bay Marina on Marco Island. Government regulations will prevent any disaster, he said.

No matter what their position, residents from the Panhandle to the Keys, many of them with a stake in the gulf's sparkling beaches, have been closely following the congressional debate over allowing oil companies to drill off the state's shoreline.

The House of Representatives on Thursday approved a bill called the Deep Ocean Energy Resource Act that would allow oil and gas drilling 50 miles off Florida and other coastal states. State legislators could block drilling within 100 miles or allow it as close as three miles. Florida Republican Sen. Mel Martinez and Democratic Sen. Bill Nelson have vowed to filibuster against it in the Senate.

Florida's $50-billion tourist industry depends heavily on its beaches. The slightest taint in the emerald waters of the Gulf of Mexico can be enough to send tourists packing. For instance, when red tide plagued southwest Florida last year, out-of-state visitors who got one whiff of all the dead fish quickly canceled their reservations.

"We need this beautiful white beach because it's our livelihood," said Sandy Johnson, executive director of the Pensacola Beach Chamber of Commerce, explaining why she and her 180 members oppose drilling in the eastern gulf. "Anything that would mar it, we don't need that."

For many businesses along the Gulf Coast, the environment is the economy. For instance, Capt. Adam Brynes' Siren Dive Shop in Summerland Key offers tours of the most extensive living coral reef in North America. If pollution from offshore rigs or, worse, a spill should kill the reef, then that's the end of his business.

Tourism is really the only industry in the Keys, Brynes pointed out. If there's nothing to attract tourists, "then these Keys are worthless," he said. "Everyone's life would be destroyed, including mine."

Other industries depend on the gulf being relatively free of pollution - for instance, the clam-farming industry in Cedar Key. To Cedar Key Commissioner Sue Colson, who serves on the board of the Cedar Key Aquaculture Association, Congress is risking ecological disaster in exchange for something that will be quickly used up.

"This is dumb to ruin valuable resources for what you're going to get," Colson said. "If you want to totally toast this state and make it nothing but Disney World, then go ahead and drill."

But Ken Daniels Jr., owner of Little Manatee Seafood in Ruskin, said Florida's $1.2-billion seafood industry has nothing to fear from offshore drilling because it's safer now.

"I think it would be good for the economy," he said.

Pressure to end the ban on drilling in the eastern gulf began when Hurricane Katrina smashed rigs and pipelines and refineries in Louisiana and Texas, driving up gas prices.

Although drilling proponents have repeatedly said Hurricane Katrina caused no significant oil spills, Coast Guard officials say Katrina caused unprecedented damage requiring the largest environmental response in the nation's history. The storm created an 8.1-million gallon oil spill from multiple facilities along the Mississippi River corridor.

Then, during Hurricane Rita, a barge struck a hurricane-damaged submerged platform off the coast of Port Arthur, Texas, spilling 3-million barrels into the gulf, the largest submerged oil spill in U.S. history.

To see the eastern gulf put at risk by Congress "is absolutely unthinkable," said St. Pete Beach Commissioner Nancy Markoe, who along with fellow Commissioner Michael Finnerty will speak Saturday at a Sierra Club-sponsored anti-drilling demonstration on Pass-A-Grille Beach

The Loop Current means residents and businesses along the state's Atlantic Coast ought to be paying attention to the congressional debate, too, said University of South Florida oceanographer Robert Weisberg.

The current circulates warm water from the Caribbean Sea up toward Louisiana, then sweeps it down through the Straits of Florida, around the Keys and up the Atlantic Coast to join the Gulf Stream. Pollution settling into the Loop Current from drilling in the eastern gulf would flow south to coat the Keys, Weisberg said, and then be pushed north to wreak further havoc on the state's ecology and the economy.

"It could affect the beaches and reefs all the way up the East Coast," Weisberg said last year.

Bush praises offshore drilling bill, Florida delegation split

By BILL KACZOR
Associated Press Writer

TALLAHASSEE, Fla. (AP) -- Gov. Jeb Bush welcomed the passage Thursday of a bill by the U.S. House of Representatives that would allow oil and natural gas drilling 50 miles off Florida's shores, but he promised to ask state lawmakers to keep the rigs 100 miles away.

The vote split Florida's House delegation 14-11 in favor of the bill, which passed 232-187. Both of the state's senators, Democrat Bill Nelson and Republican Mel Martinez, have said they would filibuster to try to prevent it from passing in the Senate.

The bill would lift a 25-year moratorium on drilling off most of the nation's coastlines but replace it with the 50-mile buffer. States then could permit drilling closer to shore or expand the buffer to 100 miles.

Bush was worried that without such legislation the state would have no protection because the moratorium is scheduled to expire in 2012.

"By maintaining a no-drilling buffer zone, which I have long advocated, we protect Florida's coastal habitats," Bush said in a statement released by his office. "Additionally, this bill safeguards the critical training and testing missions of our nation's military for 234 miles from the west coast of Florida."

The bill was amended to forbid drilling in the Gulf of Mexico east of the Department of Defense's military mission line extending due south from the Fort Walton Beach area in the Florida Panhandle near Eglin Air Force Base.

That part of the gulf is used by the Air Force and Navy for training and weapons testing.

Bush said if the bill becomes law, he would call the Legislature into special session in November to exercise Florida's right to extend the buffer to 100 miles.

Only one Florida Democrat, Rep. Allen Boyd of Monticello, voted for the bill while the other six opposed it. Boyd said passage of the military mission line amendment that he and Rep. Jeff Miller, R-Chumuckla, had offered made the difference for him.

"While this bill may not be the ideal for all Floridians, it does provide protections in the gulf that we have never had before," Boyd said. He said the bill may be as good as Florida can expect to get because the nation's political climate is changing in favor of drilling in environmentally sensitive areas.

Rep. Jim Davis, a Tampa Democrat who is running to succeed Bush, a Republican who cannot seek re-election due to term limits, has been a leading opponent of offshore drilling.

"The oil and gas industry already has access to over 80 percent of the known reserves of oil and natural gas in our offshore areas, and they have rights to more than 4,000 untapped leases in the Gulf of Mexico alone," Davis said.

"Does it make sense," he added, "to put our coasts at risk when there is so little to gain and when the industry has not even tapped into the leases they own?"

Thirteen Florida Republicans supported the bill while five - Reps. Mark Foley of Lake Worth, Katherine Harris of Longboat Key, Connie Mack IV of Fort Myers, Clay Shaw of Fort Lauderdale and Ileana Ros-Lehtinen of Miami - voted against it.

Rep. Michael Bilirakis, R-Palm Harbor, offered another amendment that would have increased the maximum protection from 100 miles to 125 but it was defeated 353-65.

Rep. Adam Putnam, R-Bartow, negotiated details of the legislation with House Resources Chairman Richard Pombo, R-Calif.

"The passage of this legislation is a significant victory for Florida," Putnam said. "The Atlantic coasts and the Florida Keys, which currently are not protected by a moratorium, are protected for up to 100 miles under the bill."

Putnam pointed out that the House recently came within 14 votes of passing legislation that would have allowed drilling only 3 miles off Florida's Atlantic coast and 9 miles off the state's Gulf Coast.

Mark Ferrulo, director of the anti-drilling Florida Public Interest Research Group, said the bill's passage shows the degree to which the House "has been hijacked by the oil industry. What makes this assault on Florida's coast even more of an outrage is that for the first time in history, a number of Florida representatives aided the effort."

House approves measure that would end offshore oil and drilling ban.

By H. JOSEF HEBERT
Associated Press Writer

WASHINGTON (AP) -- The House voted Thursday to end a quarter-century offshore drilling ban and allow energy companies to tap natural gas and oil off Florida's coast and the rest of the continental United States.

Opponents of the federal ban argued that the nation needed to move closer to energy independence and insisted the gas and oil could be taken without threatening the environment and coastal beaches. They said a state choosing to keep the moratorium could do so.

The measure was approved 232-187.

But the bill's prospects in the Senate were uncertain. Florida's two senators have vowed to filibuster any legislation that would allow drilling within 125 miles of Florida's coast. Other senators from several coastal states also have strongly opposed ending the drilling restrictions.

Many lawmakers fear that energy development could despoil coastal beaches, should there be a spill, and threatens the multibillion-dollar recreation and tourist economies of states where offshore energy development has been barred since the early 1980s.

An attempt by a group of Florida lawmakers to allow states to maintain a protective zone of 125 miles was rejected.

"Our beaches and our coastline is what is critical to Floridians," declared Rep. Jim Davis, D-Fla. "We should not be sacrificing our economy, our environment for a little oil and gas."

Rep. Richard Pombo, R-Calif., a leading proponent for lifting the moratorium argued that drilling still would be prohibited within 50 miles of shore and states could extend the ban up to 100 miles.

He ridiculed the bill's critics as "opposing everything" when it comes to increasing domestic energy production. "You can't say no on everything," Pombo proclaimed.

But Lois Capps, D-Calif., said states would have to overcome numerous hurdles to continue the drilling restrictions, including having state legislatures and the government seek such protection every five years.

The bill also would revamp how the federal government shares oil and gas royalties with states, producing a windfall for four Gulf states - Louisiana, Texas, Mississippi and Alabama - that currently have oil and gas rigs off their shores.

The eastern and western Gulf of Mexico produces virtually all of the country's offshore oil and gas, with waters off the eastern Gulf, both the Atlantic and Pacific coasts and much of Alaska under the drilling moratorium.

Under the bill, states' share of royalties would increase to 50 percent over 10 years and eventually could rise as high as 75 percent. States currently get less than 5 percent of royalties from offshore oil and gas leases in the central and western Gulf.

The Interior Department estimated that revenue sharing changes could cost the federal government as much as $69 billion in lost royalties over 15 years and "several hundred billion dollars" over 60 years.

The White House issued a statement saying it favors much of the bill, but strongly opposes the changes in royalty revenue sharing which it said "would have a long-term impact on the federal deficit."

The Interior Department estimates there are about 19 billion barrels of recoverable oil and 86 trillion cubic feet of natural gas beneath waters currently under drilling bans from New England to southern Alaska.

But supporters of the drilling moratorium argue there's four times that amount of oil and gas available in offshore waters open to energy companies, mainly in the central and western Gulf of Mexico and off parts of Alaska.

The country uses about 21 million barrels of oil a day.

"We should not be opening all of our coasts to oil drilling when we have not taken the first step to conserve oil," said Rep. Sherwood Boehlert, R-N.Y., who wanted to put into the bill a requirement to increase automobile fuel economy, but was prevented from doing so.

But Rep. John Peterson, R-Pa., argued that developing more U.S. energy resources - especially more natural gas - is needed to ease supply shortages that have seen natural gas prices soar and America rely increasingly on oil imports.

"This is not about oil companies," insisted Peterson. "This is about America competing. ... We're the only society that has said we're going to lock up our resources."

State OKs new pollution standards for power plant emissions

By BILL KACZOR
Associated Press Writer

TALLAHASSEE, Fla. (AP) -- New state clean air standards for mercury and other pollutants approved Thursday for power plant emissions could be costly for consumers, utility officials said, but environmentalists contend they still are too weak.

The Florida Environmental Regulation Commission agreed to the standards designed to meet requirements of the federal Environmental Protection Agency's clean air rules for mercury, nitrogen oxides and sulfur dioxide emitted by power plants.

The latter two pollutants contribute to the formation of fine particles and ground-level ozone. Mercury is a neurotoxin that can cause learning disabilities in children. It falls from the air onto the ground and water. People most commonly suffer mercury poisoning from eating fish.

"We comply with all state and federal regulations and will comply with these as well," said Gulf Power Co. spokesman John Hutchinson. "We'll spend the dollars necessary to meet these regulations."

Gulf Power officials estimate it will cost the Pensacola-based company $700 million in capital outlay and $40 million annually in operating expenses to meet the new regulations. If approved by the Public Service Commission an additional $15 would be added to the monthly bill for a residential customer consuming an average of 1,000 kilowatt hours per month, Hutchinson said.

Progress Energy estimates meeting the new requirements would cost the St. Petersburg-based company about $736 million in capital outlay but has not yet calculated other costs, said company spokesman C.J. Drake.

The financial affects of the rules on Juno Beach-based Florida Power & Light, the state's largest electric utility, haven't yet been calculated but are expected to be much less because FPL has no coal-burning plants in the state, said company spokeswoman Pat Davis. Nearly all of the company's power is generated from natural gas, oil and nuclear fuel.

The Sierra Club's Ed Hopkins called Florida's mercury standard, designed to cut its emission by 45 percent, "very weak."

"A lot of other states are proposing to do a better job than Florida is proposing to do," Hopkins said from Washington, D.C.

They include New Jersey, Illinois, Minnesota and Michigan, which have proposed a 90 percent reduction, he said.

Drake said his company supports the 45 percent mercury rule and other requirements expected to cut sulfur dioxide 55 percent and nitrogen oxides by 75 percent.

"We have to balance environmental concerns with the economic impact to our customers," he said.

Gulf Power's Hutchinson said mercury is difficult to remove from emissions in larger percentages because it occurs in very small amounts - equal to about only 5 grains of sugar in a ton of coal.

Hutchinson said Gulf Power is conducting experiments designed to come up with new methods to achieve those kind of results, but Hopkins said existing technology can do the job.

The federal mercury rule is the first attempt to permanently reduce its emission from coal-fired power plants nationally.

Developer Appeals For Homes On River

By LIZ BLEAU The Tampa Tribune

Published: Jun 29, 2006

RUSKIN - A developer is going back to the county in hopes of breathing life into a proposal that was fiercely contested by environmentalists and rejected by county commissioners.

SWW Inc. says the county commission erred in denying approval of a rezoning to allow 25 homes on a small piece of land jutting into the Little Manatee River, according to the company's request for a relief hearing.

The commission denied SWW's rezoning request in late April even though the Planning and Growth Management Department and the Planning Commission found the project acceptable.

The county Environmental Protection Commission also signed off on the project, including a plan to replace trees that might be removed. SWW representatives said the developer was willing to relocate about 15 gopher tortoises on the 15-acre site to an undisturbed habitat.

About a dozen residents appeared at the zoning and commission hearings to speak against the rezoning, and they are gearing up to do the same at the relief hearing scheduled for 9 a.m. July 13 at the County Center, 601 E. Kennedy Blvd., Room B, in the 26th floor conference center.

The relief hearing process was established by the state Legislature in 1995 and allows developers a second - and sometimes a third or fourth - chance to develop a project even after government denial.

Richard Davis, representing SWW, said the county commission's vote appeared to be based on two conclusions, both in error.

One is that the project would be too dense along the river. The reports by county staff and the zoning hearing officer recommendation show that the rezoning is consistent with land-use regulations, Davis said.

"The board committed error in approving a motion predicated upon the conclusion that this project is too dense," he said.

Also, the board appeared to be concerned the project would be too dense to be in the coastal high hazard area, Davis said.

The board's vote, he said, has placed the property in a state of regulatory limbo and is preventing any development on the site.

The board voted 5-2 to deny the rezoning. Commissioners Mark Sharpe and Ken Hagan voted in support of it.

Environmental activist Mariella Smith, who testified at previous hearings about the project, is encouraging those who previously opposed it to contact the zoning administrator's office to be placed on a list of speakers at the relief hearing. The deadline to do that is July 10.

Contact Liz Bleau at lbleau@tampatrib.com or (813) 865-1557.

 

Borrowers' Pain Up A Notch

By JEANNINE AVERSA The Associated Press

Published: Jun 30, 2006

WASHINGTON - The borrower's pain is not necessarily the saver's gain.

The cost of mortgages, home equity lines and credit card debt has gone up with each bump in interest rates by the Federal Reserve. Savers, for the most part, have not seen comparable increases in their returns.

As expected, the Fed unanimously decided Thursday to increase its federal funds rate by one-quarter percentage point to 5.25 percent - the highest point in more than five years. It marked the 17th increase of that size since the Fed began to tighten credit in June 2004. Although the Fed acts on the federal funds rate, which is the overnight rate that banks charge each other, each increase trickles down to the consumer.

The funds rate influences a variety of interest rates, such as those on adjustable-rate and other mortgages. It also affects rates on business loans.

In response Thursday, commercial banks raised their prime lending rate - for certain credit cards, home equity lines of credit and other loans - by a corresponding amount, to 8.25 percent.

"That will hit people in the pocketbook," said Anthony Sabino, professor of business law and economics at St. John's University.

Greg McBride, senior financial analyst at Bankrate.com, said the latest rate changes make it "imperative for investors to shop around and get the best returns on their savings and CDs, because better returns are available if you are willing to look."

Wrapping up a two-day meeting Thursday, Chairman Ben Bernanke and other Fed policymakers didn't rule out another bump in rates. But they seemed hopeful that a slowing economy would lessen pressure on prices, leaving open the question of whether more increases would be needed to declare victory in their battle against inflation. Ultimately, the Fed's goal is to raise interest rates enough to keep inflation in check but not so much as to hurt economic activity.

Fed policymakers said "the extent and timing" of any additional rate increases would hinge on how inflation and economic activity unfold. They also dropped a phrase - contained in a statement issued at their last meeting on May 10 - that further interest rate increases "may yet be needed" to fend off inflation.

News Pumps Up Market

That omission - along with observations that economic growth was slowing - was viewed by some investors and economists as the Fed striking a slightly less hawkish tone about the future course of interest rates. It was enough to pump up the stock market, which has been languishing since May. On Thursday, the Dow Jones industrial average soared 217.24 points to 11,190.80, its biggest single-day jump in more than three years.

Before the Fed's series of increases, the prime rate stood at 4 percent and the funds rate was at 1 percent. It was a boon for borrowers, a bane for savers.

Those extraordinarily low rates were needed to help brace the economy after the stock market bubble burst, the 2001 recession set in, terrorists struck the United States and accounting scandals rocked Wall Street.

For many borrowers, much has changed over the past two years.

The average rate on a one-year adjustable rate mortgage has risen from 4.13 percent to 5.75 percent, the highest since August 2001, said mortgage company Freddie Mac. Thirty-year fixed-rate mortgage rates have gone from 6.25 percent to an average of 6.71 percent, the highest in more than four years.

The average interest rate on a variable-rate credit card was about 10.5 percent in 2004 and is at 13.82 percent now, McBride said.

Consumers Appear To Be Coping

It's a different picture for some savers. The average interest on a checking account barely has budged over the past two years, inching up from 0.25 percent in 2004 to 0.29 percent currently. A money market savings account is fetching 0.78 percent, compared with 0.45 percent two years ago.

The average rate on a five-year CD is 4.17 percent, compared with 3.60 percent two years ago.

Rate increases for some savings products have been subdued because some banks are flush with consumer deposits and do not feel compelled to pay aggressively to attract more money, experts suggest.

By boosting borrowing costs, the Fed aims to curb consumers' appetite to spend. This would slow overall economic activity and should lessen inflation pressures.

Kathy Sheehan, senior vice president of GfK Roper Consulting, which tracks consumer attitudes, said consumers thus far have shown themselves to be fairly savvy in coping with both rising interest rates and prices.

"They are trying to maintain a lifestyle by using techniques like trading up or trading down. Shopping at a low-cost retailer for certain things but still being able to go to Starbucks for a $4 cup of coffee," she said.

One man revitalizes battle against Wal-Mart

A state House candidate charges irregularities in the permitting process of the Army Corps of Engineers.

By ROBIN STEIN
Published June 30, 2006

TARPON SPRINGS - Just when it seemed the fight against Wal-Mart had fizzled out, there may be a postscript.

This week, activist-turned-candidate Chris Hrabovsky alleged that federal wetlands regulators at the Army Corps of Engineers worked in "lockstep" with Wal-Mart to ensure the retailer received necessary permits.

Hrabovsky, 35, urged officials at Tuesday's City Commission meeting to pressure the corps to investigate the permit approvals for the project, a 204,000-square-foot, Mediterranean-style Supercenter planned for U.S. 19 near the Anclote River.

Hrabovsky, 35, contends that the permits were issued in violation of federal wetlands conservation laws.

Questions about wetlands are just the latest in the litany of concerns sparked by the project.

After the city gave the project a green light more than 18 months ago, a local opposition group called Friends of the Anclote River filed two lawsuits and paid $100,000 in legal bills in an attempt to stop the project.

The activists managed to stall construction, but the group appeared to concede defeat in April after an appellate court issued a unanimous opinion dismissing one of the suits.

Now Hrabovsky remains the lone hold-out in the litigation.

"This is the right fight," said Hrabovsky, who has filed to run for the state House District 45 seat now held by Rep. Tom Anderson, R-Dunedin.

On his own, Hrabovsky has kept the second lawsuit on the docket, which Wal-Mart spokesman Eric Brewer said may further delay the project's groundbreaking.

"Generally speaking, we won't start construction until litigation has been settled ... (but) we don't have a specific time schedule," Brewer said.

Now Hrabovsky is rallying some of his fellow activists to join his lonely last stand.

Many members of the opposition group joined him at a press conference on the steps of Tarpon Springs City Hall on Wednesday morning, laying out new evidence they say indicates Wal-Mart "misrepresented information" to get approval from the corps and the city.

"Mysteriously, about a year ago about 6 acres of the wetlands disappeared so they could qualify for the permit," said Jan Fowler, a member of Friends of the Anclote.

Nonprofit groups such as Wal-Mart Watch, the Sierra Club and Defenders of Wildlife helped Hrabovsky cull information from corps permitting files and prepare a detailed memo outlining how the corps allegedly failed to follow several of its own rules.

In particular, the memo alleges that the agency improperly granted Wal-Mart a "Nationwide Permit," an expedited review program for projects that meet specific criteria, including the amount and types of wetlands they affect.

Wal-Mart applied for, and in early April ultimately received, an NWP 14, a type of permit reserved for "linear transportation projects."

The outcome, Hrabovsky argues, was "predetermined."

The project was never even eligible to apply for an NWP 14, let alone receive it, he contends, arguing that the NWP cannot be issued because of the Anclote River's status as a protected waterway, and that a small driveway, which might not be built, ought not qualify the Supercenter as "linear transportation."

Despite federal prohibitions, Hrabovsky said, the corps allowed Wal-Mart to split the project into smaller components during the permit application process.

So far, there's been no response to Hrabovsky's call.

Tarpon Springs Mayor Beverley Billiris questioned whether Hrabovsky was staying on the issue to help his campaign. City public information officer Judy Staley said the commission's staff had not had a chance to review the document, and referred questions to federal authorities.

The corps had neither received nor reviewed Hrabovsky's memo, Chuck Schnepel, Tampa section chief for the corps, said Wednesday.

"We'd have to take a look at this and we will certainly take a look to determine whether the dimensions given to us were actually accurate so as to meet with the requirements for the Nationwide Permit," he said.

Schnepel said that though it's not unusual to request additional information to address problems, he could recall only a handful of instances in his 25-year tenure when the agency revoked a permit that had already been issued.

Nor is such a reversal expected by Wal-Mart, said Brewer, the company spokesman. Wal-Mart followed all the rules, he said. He said that the corps issued the permit only after 20 months of work and adjustments.

"Certainly if there was an issue that needed independent assessment, that would have been for the corps to determine," he said.

The charges have reignited the fight for some Friends of the Anclote River such as Fowler.

"It's pretty strong evidence that there was some pretty funny stuff," she said.

Lake to cities: Help with our schools

Either reject some developments or find other solution, board says
Robert Sargent | Sentinel Staff Writer
Posted June 30, 2006

CLERMONT -- Lake County's financially strapped schools are falling far behind the area's rapid growth, and officials say they desperately need more help from local cities to catch up.

As south Lake continues to add hundreds of new homes each year, often outdated school campuses are busting at the seams to handle all the new students. Some are critical -- elementary schools in Minneola and Mascotte have twice as many students as they were designed to hold.

The School Board has struggled to find money to build new schools and to expand existing sites. But board members say they still need another $218 million to keep the school system growing for the next five years.

Meanwhile, the county and cities are looking at even more growth. Areas around Clermont, Montverde and Minneola are proposed for more than 10,000 new homes, Groveland expects to add more than 5,000 homes, and Mascotte has plans for another 4,000.

"We need a break," School Board member Scott Strong said at a meeting Wednesday night with elected officials from Clermont and Minneola.

He said that ideally cities could turn down some proposed development to slow the increasing burden on schools. Otherwise, local governments must find new ways to help keep schools in check with growth.

City officials argue that they are working to control new homes and they have tried different options to help the schools. Some also say school leaders need to clearly define how to fix the problem rather than complain about it.

"They need to come together to find a solution and come back to the cities to say that this is what we need," said Minneola City Council member Sue Cordova, who has fought to get money from builders to offset their effect on schools and other public services. "They need to communicate the solutions to us, not the problems."

Some options have been difficult for school officials to handle.

When Minneola approved plans for the 689-home Reserve at Minneola, the city required the developer to provide $200,000 and 19 acres for an elementary school.

School officials planned to have the school open by this fall, but those plans have been pushed back to mitigate for threatened sand skinks..

In another example, the family of local attorney and former state Sen. Richard Langley agreed last year to turn over 40 acres for a new school in Mascotte. In return, the School Board dropped a lawsuit to block Mascotte's annexation of other property the Langleys had planned for residential development. The two sides have yet to agree on a location for the school site despite months of negotiations.

Groveland and Lady Lake have taken a different approach by collecting extra school-impact fees for each new home built within their limits. That money is separate from the county's $7,055 school-impact fee charged to homes built in Lake.

Groveland officials originally wanted to give the impact fees to the School Board. But when the School Board asked for the money last year, Groveland turned down the request.

City Council members later talked about using the fees to help pay for their own charter school. The School Board then sued Groveland, asking a circuit judge to decide whether the city violated its own ordinance that created the supplemental education-impact fees.

The two sides tentatively agreed in February to settle the dispute if the School Board used the money for campuses in the city. Four months later, they are still haggling over a settlement requiring Groveland to turn over about $1 million to school officials.

Robert Sargent can be reached at rsargent@orlandosentinel.com or 352-742-5909

Schools to grapple with crowding as construction bid fails

Susan Jacobson | Sentinel Staff Writer
Posted June 30, 2006
DeLAND -- Double sessions? Year-round school? A new center for ninth-graders?

These are some of the options a committee of Volusia County school employees will consider as the district tries to build schools fast enough to keep up with a growing student population.

The crisis was underscored this week when the School Board rejected the only bid it received to build a 2,500-student high school in Orange City to relieve crowding at DeLand, Deltona and Pine Ridge highs.

Pat Drago, executive director of facilities for the district, said the $99.3 million bid by PPI/Charles Perry Construction of Gainesville was $28.3 million more than an architect's cost estimate less than a year ago.

"We have got to find a way to bring that cost down," Superintendent Margaret Smith said.

Building costs in Florida keep rising because of two straight years of hurricanes and global competition for building materials and labor, she said. A shortage of building materials doesn't help, Smith said.

"We have been experiencing a tremendous development boom," Drago said.

School Board members agreed to put the high school job up for bid again, hoping to get more companies interested and a lower price. The board also agreed to extend the time to complete the work from 27 to 30 months because Drago said she thought that would result in more bids.

The district will advertise for bids starting July 10 and open them Aug. 23, Drago said. If the School Board approves a bid in September, construction could start in late October or early November, she said.

If no lower bids come in, other projects probably would have to be postponed. It's too soon to know what might be put on hold, officials said.

According to current state Department of Education estimates, it should cost between $63.3 million and $63.5 million to build a high school for 2,500 students. Drago said those figures are out of date.

Meanwhile, a committee of about a half-dozen school employees from departments such as transportation, instruction and facilities will meet starting in about two weeks to come up with options for addressing the overcrowding problem until the high school is built.

Because of the construction delays, the school will not open until some time in 2009, officials said. The hope was to open it in fall 2008.

Smith said she is not a fan of double sessions or year-round school, which was scrapped in Central Florida districts in the mid- to late 1990s after it proved unpopular with parents and teachers. Smith, however, said the committee must consider all options. In about three months, it will report to the School Board.

"All we're doing is gathering the information and doing research," Smith said.

Susan Jacobson can be reached at sjacobson@orlandosentinel.com or 386-851-7903.

Boaters not main problem on islands

By C.T. BOWEN, Pasco Times Editor of Editorials
Published June 30, 2006

Re: These islands are for the birds, too, June 26.

If you read this article very carefully, you'll find that both Nancy Douglas, the Florida Fish and Wildlife Conservation Commission representative, and Sally Braem, the Honeymoon Island State Park biologist, have reinforced the case made by Save Our Sandbar several years ago. The existing state management plans for the chain of islands and sandbars off Pasco and Pinellas counties don't work.

It has always been the contention of SOS members that there are no scientific studies to substantiate the proposed heavy-handed management of the sandbar and surrounding islands. And here we have it in print. With no factual evidence to substantiate their opinions, right away they blame all problems on boaters.

It's uninformed and unfair. And how sad it is that once again no one from your paper sought to contact the board members of Save Our Sandbar for information regarding this issue.

The comment by Ms. Braem that SOS "deflated a state proposal to monitor activities more closely" is erroneous. Your reporter should have verified the facts before printing them. The final, agreed upon, management plan by SOS, the Department of Environmental Protection, the Parks Department and our legislators included extensive bird monitoring and protection.

Four years ago, the board of SOS requested bird studies regarding the sandbar. We are still waiting. Choosing not to spend the money to perform these studies is an issue between the DEP and the state Legislature. So once again the first reaction is to blame boaters.

What SOS did deflate were other areas of the plan that wasted hundreds of thousands of dollars of taxpayers' money. Such ridiculous plans as paying a state employee to map and count dog feces with a Global Positioning System. Or spending money to make a permanent dog beach on the south end of the sandbar that no longer exists today because of storms.

Speaking of hurricanes, has it occurred to any of these scientists that the decline in bird populations just happens to coincide with a horrific schedule of hurricane events in the gulf? The fact that these researchers haven't made this correlation is rather disconcerting.

The sandbar is an ever-changing entity. As recently as last weekend, during a high tide, three-quarters of the sandbar was under water. Unless these birds use snorkels, this may no longer be an adequate habitat for them.

Braem makes a perfect case for the very reasons SOS began the challenge to the management plans. If 600 boats bypass the islands and bars controlled by the state to come to a tiny sandbar, then the needs of the vast majority of boaters are not being met. These birds don't nest on islands due to natural predators such as raccoons and snakes.

The logical remedy to this situation would be to relax the state regulations on the islands. This would spread the ever-growing boating population over a larger area and relax the pressure for the birds on sandbars.

We have seen numbers of Pinellas and Hernando county boaters using the sandbar. Most have no idea about the regulations. They have no idea how long and how hard a group of local boaters fought to make the sandbar a glimpse of what Florida used to be. A place to enjoy both boating and camping with friends and family, including the family dog.

Most boaters are professional business owners who pay taxes, love the outdoors, and care for every aspect of it. SOS members walk the sandbar, clean up trash, and educate anyone who will listen regarding the regulations.

What we won't stand for are knee-jerk reactions from scientists, backed by flawed and unfounded science, that encroach on the rights of citizens to utilize land that they own.

Kathleen St. Martin, Holiday

Housing plans go forward
Zoning board gives OK to homes near Marion Villages


BY HARRIET DANIELS
THE STAR-BANNER
OCALA - The pleas of Villages residents to halt nearby developments went largely unheeded Thursday night as the Marion County Planning Commission voted 4-2 to send the housing plans to the County Commission for approval.

Strong opposition from the dozen speakers in the standing-room-only crowd centered on the impact the estimated 500 homes would have to the area bordered by The Villages, namely water and sewer infrastructure, schools and public safety services.

"Everyone bought their property to retire, not to have kids in our backyard," said George Johnson, in opposition to the 32-acre land-use change that could make way for 100 homes near his home.

Thursday's public hearings were the last in the round of large-scale land-use amendments that must still gain approval from the Marion County Commission.

The homeowners are against the requests to change more than 100 rural acres owned by James Bennett, to medium-density residential, along with another 32 acres, owned by John and Connie Wise, from rural to commercial and medium-density residential.

County planning staff recommended denying both amendments mainly because the applicants failed to show the need for additional residential housing, and the lack of existing water and sewer facilities for the properties. Both properties share frontage on County Road 42 west of The Villages of Marion.

Jack Sullivan, representing Wise, said the owners aim to develop non-retiree housing for professionals who work in The Villages. Home prices would average between $250,000 to $300,000.

Sullivan said there is a lack of housing for workers serving The Villages.

Steven Gray, representing the Bennett property, said the owner's development plan is not defined, but believed the homes would be in the similar price range as those in The Villages. He said the owner has also not determined whether the development would be age-restricted.

Marcia Knox of The Villages, who was opposing the Bennett property, was appalled that the motions for both requests - made by On Top of the World President Ken Colen - seemed to be read from a prepared statement.

"They had their minds made up before anyone was done talking," she said of the commissioners.

Dissenting from approval of the amendments were planning commissioners Darlene Wessner and Ruth LaChance. Both said that while the idea to build homes for The Villages work force had merit, the plans were not compatible with the neighborhood.

"Most of the land-use amendments we have had this year have been for medium density . . . it's like a cancer that is metastasizing and destroying our land. I can't support this and I can't believe anyone on this board would vote for approving this," LaChance said.

Johnson said he is disappointed with the action of the planning commission, especially since staff recommended to deny the requests and the number of people in the audience who were opposed to it. He said the group will now start working to appeal to the County Commission.

A public hearing of the amendments is scheduled for 9 a.m. on Aug. 9 before the County Commission.

____
Harriet Daniels may be reached at harriet.daniels@starbanner.com or (352) 867-4125.

ORV ban in Alapaha River affects recreations and economy of county

School's out, summer is here and the Alapaha River is dry - it's time to load up your ATVs behind your four-wheel drive truck and ride the river! Not so fast!

In December 2005, The Suwannee River Water Management District (SRWMD) released a warning that the use of off-road vehicles (ORVs) in the banks of the Alapaha River was banned and that violators will be cited. The rule banning motorized vehicles was adopted by the District governing board in September 2004 and amended in May 2005 following publication of a Department of Environmental Protection report describing ecological damage associated with the use of vehicles in the dry riverbed and on its banks.

Damage cited in the report includes destruction of vegetation, significant bank erosion and smothering of habitats important for fish and wildlife. The report recommended that motorized vehicles be kept out of the entire river system, including the floodplain, riverbanks, and riverbed to prevent further environmental damage.

Jon Dinges, SRWMD Director of Resource Management, said warning signs would be posted on SRWMD land at locations known to be entrance points for riders, such as near the bridge at SR 6 and US 41 in Hamilton County. A sign has been posted on the south side of the river, but there is not one on the north side where most of the ORVs enter the river bed.

Shortly after the ban went into effect, the water level rose in the river and until just recently, the river has not been navigable by ORVs. But when the riverbed is dry, local off-roaders as well as those from all over Florida and Georgia enjoy a day of riding with friends and family.

One life-time resident and land-owner in Hamilton County doesn't agree with the ban.

"I am disappointed that the District made this decision without advertising the public hearings in our area. I enjoyed riding there with my children and now we can't do that."

The notices were posted in the Florida Administrative Weekly in Feb./March 2005, but not in The Jasper News or any other area newspaper, according to Dinges. The Florida Administrative Weekly lists proposed rules and regulations, notices of public meetings and bid announcements.

According to a spokesperson at the Administrative Code and Weekly Unit in Tallahassee, the publication is available at libraries, legislative and state departments and by subscription. The libraries in Jasper, Live Oak and Lake City do not receive copies of the publication. It can be viewed online at http://faw.dos.state.fl.us.

Bob Gonynor questions the effectiveness of a notice that is not posted locally. Gonynor and his family have tried to ride the Alapaha at least once a month since 1993 when they moved to Cherry Lake. He has taken his two sons, who are now in their twenties, camping in the dry riverbed many times. And more recently, he has been taking his grandson.

He is a member of the Florida Explorer Club, which is dedicated to the preservation of forests and campgrounds throughout Florida. According to the club website, the club is for those who are interested in "good, clean family fun," not those who "are looking for a weekend of drinking and blazing the trails."

In other words, Gonynor and his fellow club members just want somewhere to enjoy a weekend of camping and off-road riding with their families.

Another member of the Florida Explorer Club, Gabe Simpson from Mayo, Fla., is very concerned about the closing of the Alapaha River. He and his family have been riding the river since 2000.

"It is one of my family's favorite places to spend time together away from the hustle of the general population and the 'grind' of everyday life," Simpson said.

The club has been hosting rides and camp-outs at the river since 2001. As part of the club's mission, they have always enforced "pack it in, pack it out" on all trail rides and even pack in their own firewood. Simpson said that they make it a practice to remove trash that other, less considerate riders leave behind. All new trail riders are instructed to not ride on the banks of the riverbed and to never destroy vegetation.

Members of Gator 4x4 in Gainesville, Fla., have ridden the Alapaha River on several occasions. According to Lewis Nellinger, a club member, as many as 18 vehicles and as few as seven participated in the rides.

"As a responsible club, we do our best to impact the river and the banks as little as possible," Nellinger said. "I have seen where people ride on the banks, but we do not condone that behavior."

Nellinger added that the club goes to ride and socialize, not to tear up their vehicles or other people's property.

According to Nellinger, all ORVs should not be prohibited, only those causing the problems. Signs should be posted and violators should be fined. The fines could be used to pay for equipment and personnel to patrol the river.

Many off-roaders feel that the river itself causes as much erosion and damage as ORVs do. "The water in the river itself is constantly changing the banks. The rocks that have been eroded by the water over the years are an indication of that," Nellinger said. "The impact we or four-wheelers have is minimal compared to what the water itself does."

Nellinger wonders if the district's ruling was based on an actual process of discovery or on the complaints of a few property owners. According to Dinges, the Alapaha was closed based on observations made by SRWMD staff of the damage to the riverbanks.

"District lands are open for recreational opportunities such as hiking, biking and fishing, and we even allow limited ATV use at Mallory Swamp during non-hunting season," said Dinges. "But our highest priority is the protection of our natural resources and in most cases, ATV use is not compatible with that goal."

Jay Willingham has been hunting and fishing here since 1967 and now lives here. He noted that some erosion is natural but that ORVs "tear the banks to pieces."

According to Willingham, ORV riders cut fences, tear down signs and leave trash everywhere. He added that he can hear the engines revving up as they climb the bluffs near his home and he has even heard them in the early hours of the morning.

Another lifetime resident and landowner who asked not to be identified said that the he agrees with the District's decision. He said that the people on ATVs would drive up the banks and onto private property. He added that the banks were being eroded and that natural areas were being destroyed. He feels that the river is a good area for hiking and horseback riding when it is dry and for canoeing and fishing when the river is running.

"It is bad that a few people can ruin things for so many others, but they won't stay in the bottom," Willingham said.

Part 2 - Sales down

at some businesses in area will appear

in next week's issue.

 

It's official: new state park
for the St. Marks River

By Bruce Ritchie
DEMOCRAT STAFF WRITER

The state Thursday completed a deal with the St. Joe Co. to buy 2,589 acres along the St. Marks River for a new state park.

St. Joe earlier this year had put the land south of U.S. Highway 27 up for sale. That prompted the state to move quickly to complete the $10.6 million deal, negotiated by The Nature Conservancy.

The purchase of the land about 10 miles east of Tallahassee will help protect water quality in the St. Marks and provide recreational opportunities, supporters said. The area also is important habitat for migrating Neotropical birds, black bears, gopher tortoises and eastern diamondback rattlesnakes.

"The birth of a new state park, particularly so near the capital - we are very happy about it," said Victoria Tschinkel, The Nature Conservancy's state director.

“We are thrilled about our role in protecting that resource,” said Will Butler, senior vice president of the St. Joe Land Co.

The new land buy is part of more than 15,000 acres of St. Joe land along the river that the state has identified for purchase. The price and acreage for Thursday's deal changed slightly since it was approved by the Cabinet on May 16.

 

Gulf drilling choice is a high stakes gamble

By HOWARD TROXLER, Times Columnist
Published June 29, 2006

Today is a hugely important day for Florida.

Today, the U.S. House is likely to approve oil and natural gas drilling in the eastern Gulf of Mexico, as close as 100 miles from Florida's shores.

That doesn't mean it's a done deal. The Senate still has to vote. Florida's two U.S. senators say they will try to get different terms. That fight will play out over the next few weeks and months.

But today's vote in the House may have a lot to do with what happens in the Senate. The bigger the margin in the House, the more pressure there will be on the Senate.

Now, I wish that I could say that this was a simple case of Good versus Evil, and that this vote was occurring entirely because of Greedy Oil Companies.

But that's not true.

Some of our fellow Americans, Republicans and Democrats alike, farmers and labor unions and rust-belt-staters as well as big companies, are behind today's vote.

Some of them are mad about high energy prices. Some of them are worried about America's fuel supply. Some of them are motivated by jobs and the economy in their own states.

Collectively, they are asking, "Florida, what makes YOU so special?" They believe that the eastern Gulf of Mexico potentially holds several years of energy for America, especially in natural gas reserves.

We can try to answer, as we always have: "But we are not Texas or Louisiana. Our beautiful beaches are a national asset and a national destination, and a lot of our economy. We simply can't afford this risk."

It has worked until now. Floridians always have managed to keep drilling out of the eastern Gulf of Mexico by hook or crook. We've patched together deals with presidents and Interior secretaries, and in Congress.

But the jig might be up.

That's why some Florida politicians, including Gov. Jeb Bush and several of our House members, support today's deal. They figure that having up to 100 miles of coastal protection, which would be written into federal law, is better than nothing. (The patchwork of temporary protections we have now reaches beyond 200 miles, but it will expire over the next few years.)

Other Florida politicians remained totally opposed to today's bill. They say Florida has to fight drilling to the last breath.

Maybe that is a noble view. Certainly, it sounds the best in an election campaign: "I fought oil drilling off Florida's coast."

On the other hand, maybe it is a stupid legislative strategy. Maybe it's like the guy who stepped in front of the Mack truck, claiming he was in the right. He got smooshed anyway.

There is resentment in Congress toward Florida over the Gulf drilling issue. Last fall, there was an even more favorable deal - 125 miles, instead of 100 - but Florida wouldn't get behind it.

There are members of Congress today who would cheerfully vote to give Florida even less protection - 20 miles, or perhaps nothing at all. If this 100-mile deal falls through, they will get another whack at us.

Here's the short-term strategy for Florida. Let's say that our two senators, Democrat Bill Nelson and Republican Mel Martinez, can get different terms in the Senate.

Or let's say that the House and Senate don't agree by the time the 109th Congress adjourns for the fall elections. Once Congress adjourns, the House bill dies. The House will have to start all over again in 2007.

Maybe by 2007, the political climate will be different. Maybe presidential politics will help Florida. Maybe there will be enough ambitious U.S. senators eyeing Florida's 27 electoral votes to block drilling a while longer.

Maybe. Or maybe we'll end up with something even worse.

So there are two ways to spin today's vote.

A "yes" vote either is a vote to endanger Florida - or it is a vote to lock in 100 miles of protection.

A "no" vote either is courageous opposition - or else it is an election-year cop-out, looking good while putting Florida at more risk down the road.

My heart is with the "no" side. But my head says to take the deal.

Tar blobs wash up on Flagler beaches

By LAUREN SONIS
Staff Writer

THE HAMMOCK -- When Pam Sellers saw a dead bird covered in tar and a crane plucking out its feather, she called her mother and told her not to walk the dog on the beach Friday morning.

"It can't be healthy," she said, standing on the shore in The Hammock where flat pieces of fist-length tar washed up with the seaweed. About half a mile down the coast, children played in the water, tar floating around them.

Chris Jones, Sellers' mother, has lived near the beach for 10 years. Jones said she's seen small pieces of tar in the water before but nothing like what she witnessed Friday.

By afternoon, county officials didn't know what caused the material to appear in the ocean in the northern half of Flagler County. County spokesman Carl Laundrie said tar was unusual for local beaches and it was possible the sediment was oil, left from boats, that had turned into tar.

"We're looking into what we might be able to do," Laundrie said.

He said county officials reported the tar to the state Department of Environmental Protection and the U.S. Coast Guard. Laundrie said county code enforcement officer Norman Deitch was examining the beach Friday and the county might use prison crews to clean up the ocean.

In downtown St. Augustine on Friday, red-colored oil that smelled like diesel fuel was spotted in the Sebastian River, a tributary of the Intracoastal Waterway. The water supply was not contaminated, according to an incident report from the National Response Center, which handles pollution reports.

 

Conservation program looks toward first deal

Philanthropist Frank Morsani is willing to sell 650 acres. If done, the land would never be developed or mined.

By CHUIN-WEI YAP
Published June 29, 2006

The county's fledgling land conservation program could have its first purchase by the fall in a deal with Tampa philanthropist Frank Morsani for 650 acres in central Pasco.

The two-tract Morsani property lies north of State Road 52 and west of U.S. 41, just northeast of the Crews Lake park.

Officials at Pasco's Environmental Land Acquisition and Management Program, or ELAMP, say about two months of work lie ahead in hammering out the final terms and purchase price of Morsani's easement.

"He's willing to sell a conservation easement," said Rene Wiesner Brown, ELAMP's manager. "Because it's the first (ELAMP purchase), it's taken longer than what we expect for the future."

If it succeeds, the easement will represent a first for ELAMP.

Since it began four years ago, officials at the program have had to cope with developers armed with far deeper pockets than the county's and landowners less conservation-minded than the Morsanis.

In December, ELAMP lost a 450-acre conservation prospect in northwestern Pasco, when a deal officials were about to move on was scooped up by Bill Hunt, who owns property in Hudson and Tarpon Springs, officials said.

With just $3.6-million annually funded out of the Penny for Pasco tax, ELAMP has been like a budget-conscious buyer at a high-society auction.

It's a story that's typical of conservation pains in a development-friendly county.

"People flock to ELAMP thinking it's a cash cow, and then they encounter the length of the process and they lose heart," said Jennifer Seney, an ELAMP selection committee member and executive director of Pascowildlife. "You have to want this, as a developer. It has to have a willing seller, and it will not happen in a bidding war."

Seney spoke of a Trinity prospect whose developer told conservationists that he would sell to them for $100,000 an acre - at a time when property prices averaged $20,000 an acre.

In the Morsani deal, the conservation easement protects the property's environmental resources forever, regardless of future changes of ownership.

The property has one mobile home, belonging to a ranch hand. Apart from that home, ELAMP's draft easement agreement would allow no other development, Brown said. No wetlands will be filled, and no mining or harvesting permitted.

"Those are all our terms, our wish list," Brown said.

Officials expect to have experts issue a draft agreement next month, after which it goes to Morsani's attorneys.

The price is to be determined based on two independent appraisals, which set out the before and after values. This means an appraised value of the pre-conservation property, and another that assumes the easement is in place.

The deal would likely seek a medium price. "It's not like we're asking for bargain prices," Brown said.

A third appraiser then reviews the appraisals, Brown said.

On June 1, former car dealer Morsani and his wife, Carol, announced a donation of $10-million to the University of South Florida, including $3-million for a football practice facility and a softball stadium.

Morsani did not return a call for comment Wednesday.

Close Call Spells Trouble For Wetlands

Published: Jun 29, 2006

 

In a decision that nearly pulled the plug on the Clean Water Act, U.S. Supreme Court Justice Antonin Scalia said federal regulators had stretched the definition of protected waters "beyond parody."

It's no laughing matter, because Scalia wants to limit Congress' authority to protect the marshes that filter water, stop flooding, prevent erosion and are essential to fish and wildlife.

Fortunately, the court split on the matter. Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito agreed with Scalia, who wants to drastically curb the U.S. Army Corps of Engineers' oversight of protected wetlands. They said the Corps should focus only on major water bodies or free-flowing waters and any adjacent wetlands.

Justice Anthony Kennedy agreed the Corps' oversight should be narrowed, but took a more thoughtful approach. He said the Clean Water Act protects all wetlands that have some significant connection to a navigable water body, as determined by scientific evidence.

With the splintered vote, the Corps will have to prove its jurisdiction in wetlands cases, where previously its authority was understood. The decision may do little harm since most wetlands drain into major water bodies, but the close call makes it all the more important that Congress quickly reauthorize the Clean Water Act. A bipartisan proposal already exists.

Scalia made clear that he would like nothing more than to wash away environmental protections for wetlands. He ridiculed the protection of "dry arroyos in the middle of the desert" as though wetlands that go dry for parts of the year have no value. The judge failed to understand that some wetland systems, including the Everglades and the Midwest wetlands that sustain much of the nation's waterfowl populations, may be dry much of the time.

It's troubling that Scalia and colleagues would seek to erode protections for valuable wetlands less than a year after Hurricane Katrina swamped Louisiana largely because of its wetlands losses.

Rep. John Dingell, a Michigan Democrat and one of the original sponsors of the 1972 Clean Water Act, rightly characterized Scalia's decision as showing a "disdain for Congress."

Congress should respond by adopting the Clean Water Authority Restoration Act, which would give all the nation's waters - and its wetlands - more regard and protection.

 

Some fear complex will end rural calm

The County Commission approves plans for developing an area south of SR 52 despite the complaints of angry residents.

By BRIDGET HALL GRUMET, Times Staff Writer
Published June 29, 2006

HUDSON - Amy Bowes decided a couple of years ago that the crowding in Pinellas County had become "unbearable." So she traded her Largo home for a rural acre south of State Road 52, just west of Hicks Road, and bought a $1,000 telescope to see the night sky.

Now a developer plans to build a 278-unit complex that Bowes says will obstruct her view and her rural way of life. The County Commission approved the plans Tuesday night.

"I'm going to lose the entire reason I moved here: the deer, the hawks, the eagles and the gopher tortoises that tear up my back yard," Bowes told commissioners. And with the glare of the light fixtures, "I won't be able to see the stars anymore."

But Gerald Figurski, attorney for the Columns at Bear Creek, said the complex will provide affordable housing in an area that already has a mix of uses: rural tracts to the south and west, businesses fronting SR 52 to the north, and the Bayonet Point Mobile Home Village to the east.

And commissioners said the complex is better than the alternative allowed under the existing zoning: nearly 500 single-wide mobile homes.

"Kill me if you want," commission chairman Steve Simon told about 30 frustrated neighbors Tuesday evening, but "I think you're much better off working on this mix.

The plans include eight apartment buildings totaling 204 units on the north side of the lake, and 74 townhouses, condominiums or possibly homes south of the lake. Neighbors said the vacant 58-acre property has flooded in the past, but Simon said the developer, Landmark Communities of Clearwater, would have to design a drainage system in order to get the necessary permits.

"I know the residents have been accustomed to having a beautiful piece of property behind them," Commissioner Ann Hildebrand said. "But this was already approved for a higher density."

Builders look south, see room to grow

Subdivisions may bring homes by the thousands to once-rural areas near Minneola and Clermont.

Robert Sargent
Sentinel Staff Writer

June 29, 2006

MINNEOLA -- Living among the hills in south Lake County has been a spiritual experience for Patricia Donahue.

She enjoys the wide-open spaces, the wildlife and a brilliant view of the night sky. It's a somewhat rural life, and it suits her fine.

"I love it because it has brought me to God," said Donahue, 49, who has lived in the Orlando area most of her life, graduated from Tavares High School and moved to Minneola three years ago.

Now the area is about to change, with large residential developments proposed all around where Donahue lives. Sugarloaf Mountain is preparing to build 2,200 new homes, the Reserve at Minneola is approved for 689 homes and Founder's Ridge is ready to build another 963 homes.

Even more growth is not far off.

Minneola City Council members voted 4-1 Tuesday night to ask state planners to consider Lennar Corp.'s nearly 4,000-home Hills of Minneola -- a preliminary step in reviewing the largest of all the proposed communities in that part of the county. Council member Shane Perreault dissented.

The council later voted 3-2 to postpone annexation and preliminary approval for KB Home's proposal for 483 new homes. Council members Perreault and Ed Earl dissented.

That project could come back before the council on July 11.

Also Tuesday, Clermont City Council members voted 4-1 to ask the county to change its joint-planning agreement with the city to possibly allow annexation of the 584-acre Black West property proposed for up to 1,300 homes just south of the Hills of Minneola. Council member Elaine Renick dissented.

The planning agreement defines an area outside Clermont's boundaries where the city and the county jointly review proposed developments. Clermont is restricted from annexing land outside that area without changing the boundaries affected by the planning agreement.

The northern 140 acres of Black West are outside the planning area. So Clermont wants to expand the area boundary to include the entire project site before voting on whether to annex it.

Lake County commissioners would have to sign off on the deal. City Council members could have the issue before them again by their July 25 meeting.

Supporters say the city is better off incorporating the large Black West property to control how it is developed. Other nearby projects have been approved by the county only to later be annexed into the city.

"Clermont wants to oversee this as a city development so that we can determine the whole build-out of Black West," council member Ray Goodgame said.

That concern has become a big issue for both Clermont and Minneola as they try to control the rapid growth spreading through south Lake. The catch, however, is that the cities often must annex and approve various developments to get the control they want.

Clermont could limit development of Black West to between 1,100 and 1,300 homes, while county regulations could allow almost 2,200 homes, city officials said. The city would keep the project between 1,100 and 1,300 homes.

Minneola has taken a slightly different approach, negotiating with developers to also build roads, parks and recreational facilities and to pay millions of dollars to cover impacts from their proposed communities.

On Tuesday, Minneola council member Sue Cordova pressed representatives for Lennar to commit certain contributions before moving ahead with the Hills of Minneola.

Among her requests: the developer should provide $1.3 million to offset impact on the city's fire department; another $250,000 up front would cover emergency medical services; about $93,000 should be paid for each of the next 10 years or so for law enforcement and public safety; and $147,000 should help pay for parks and recreation services.

"If they're going to develop in our city, I want to make sure there is as little impact as possible to our residents," Cordova said.

A proposal from KB Home would provide Minneola with about $2,000 per home -- or close to $1 million altogether -- to help the city build a new public facility, city attorneys said. A fire station has been discussed, although some City Council members say they do not want it built on that site.

The city could get $100,000 for fire, law-enforcement and emergency medical services. Another $30,000 would pay for parks and recreation and $50,000 would help Minneola pay for consultants and review of the project.

Cordova said Tuesday that she wants more from KB Home: two to three times as much in financial contributions.

The developer also would build a two-lane road from U.S. Highway 27 east along the southern boundary of the proposed site.

Mayor David Yeager said the developer must begin that road before building any roads inside the project site.

Despite the concessions, adding more homes in south Lake has turned up the public debate about crowded schools and roads as well as changing the area's rural character.

Some say governments should prepare for development's impact rather than hold up growth.

Others contend governments should take a tougher stand.

"I hear that development is inevitable -- that is a lie," Donahue told the Minneola council Tuesday.

Robert Sargent can be reached at rsargent@orlandosentinel.com or 352-742-5909.

Talks Begin on Fixing Lake

By
The Ledger

LAKELAND -- With Scott Lake in a holding pattern, engineers are getting closer to finding out what's going on with sinkholes that sucked between 750 million and 1 billion gallons of water from the 285-acre lake.

Rick Powers, president and CEO of BCI Engineers & Scientists, said talks have begun with the Florida Department of Environmental Protection regarding the permitting necessary to deal with the largest of four sinkholes.

"We've given a brief description of what we want to do initially -- encircle the biggest sinkhole with a cofferdam to cut if off from the rest of the lake so we can isolate it," said Powers, whose company has been working with homeowners to fix Scott Lake.

Creating an entryway to the sinkhole would provide a platform for workers. The dam also could keep the water from recent rains from going down the natural drain if the sinkhole becomes active again.

But if engineers succeed with a permanent plug, the next question is: how will the lake fill back up?

Where do you get up to 1 billion gallons of water at a time when the bar for permits has been set high by state water management agencies?

Homeowners drilled a well in 1972 to raise the water level when the lake lost water back then, so is another well in the lake's future?

Powers did not want to talk about the option.

"It may happen, but that will be down the road," said Dave Curry, a spokesman for lake residents.

Michael Molligan, spokesman for the Southwest Florida Water Management District, said Wednesday that there has been no request for a water-use permit for Scott Lake.

But if one was made, there are far more hurdles today than in 1972, when no permit was required. "To get a water-use permit, you have to show you have a reasonable and beneficial use for the water," said Molligan. "You have to show you have an actual need; that the water's available; where you want to take it from; and that the withdrawals will not harm the environment or other, legal water users."

Once the applicant has provided documentation for the request, Molligan said it can take several months for questions to be asked and answered.

"The process goes back and forth until we have all the information we need to make a decision," Molligan said.

There is no set timetable. Molligan said it is a case-by-case process.

For now, though, Powers wants to concentrate on getting to the bottom of Scott Lake.

"We're kind of waiting for DEP to get back with us, to tell us what kind of permit they want and what kind of information they need," Powers said.

Scott Lake has four sinkholes, along with several old, inactive sinkholes, Powers said. The largest of the new sinkholes collapsed just more than two weeks ago. It could be 300 feet deep.

Three other sinkholes are more like depressions and are 8 to 10 feet deep. They have not collapsed, but Powers has said they have the potential to open. In addition, the biggest sinkhole could reactivate.

The current plug in the lake is probably a mixture of sand, muck, trees, boards and fish, Powers said.

"There's all kinds of stuff in there," he said.

But the plug could be 40 feet down, leaving a void underneath. Or it could be 140 feet, Powers said.

"Anything is possible at this point," Powers said.

Diane Lacey Allen can be reached at diane.allen@theledger.com or 863-802-7514.

Allow Nature to Take Its Course on Scott Lake

By Tom Palmer
tom.palmer@theledger.com

I came back from vacation to discover that sinkholes had gulped down much of Scott Lake, a 285-acre lake in the Lakeland suburbs.

Scott Lake may be the most visible location where such a thing has happened here, but it is not the first Polk County lake in recent history to disappear because of a sinkhole or some other reason.

Such things often happen around this time of year.

In 1968, a sinkhole drained Lake Hancock, a 4,519-acre lake near Lakeland, dropping it to 93.98 feet above sea level on May 23, 1968. Its normal level is between 98 and 100 feet.

On April 18, 1976, Lake Garfield, a 655-acre lake near Alturas, dried up. There was no sinkhole that time, simply a reported combination of lack of rainfall, overdrainage and overpumping from the aquifer for agricultural irrigation.

A story in The Ledger at the time reported that 13 lakes in the area ranging in size from 10 to 100 acres had gone dry since 1960, but provided no other details.

Many people consider 1960 the end of the wet period that dominated weather patterns in peninsular Florida during the 1940s and 1950s.

Both lakes refilled and have remained full ever since except during the 2001 drought when Lake Hancock was a giant mud puddle, unnavigable even by airboat.

The most regularly disappearing Polk County water body has been not a lake, but the upper Peace River between Bartow and Homeland.

There are about a dozen sinkholes or cracks in the limestone in or near the riverbed.

That results in the unusual situation where water flow is lower downstream at Fort Meade than it is at Bartow during dry periods because a significant amount of the river flow is going down the holes instead of down the river.

Back on Scott Lake, I can't recall so much feverish activity and press attention to a sinkhole in Polk County since one opened beneath a gypsum stack at Mosaic's New Wales plant in 1994.

History shows natural forces eventually allow lakes to refill, but in the era of instant messaging, high-speed Internet and meals to go, slow natural solutions may not be as attractive as fast, artificial outcomes.

The lake is lower than has been within anyone's memory. Until now, the lowest recorded level was 159.4 feet above sea level on Nov. 18, 1972.

In those days the solution was simply to sink a well and augment the lake from the aquifer, something that may not be as easy to do today. In 1972, wells didn't require permits. Today they do. We'll see.

There's no doubt engineers can design a relatively quick fix to plug the sinkholes faster than nature can, though I haven't seen any cost estimates, so sticker shock or permitting issues could be the next story.

Even if Scott Lake homeowners can get a water-use permit and work out the other details, there are some arguments against haste.

First, drying out of some of the muck on the lake bottom will provide an opportunity to naturally get rid of a lot of the organic material that accumulates on the bottom of any lake over time.

According to the Polk County Lake Atlas, water quality in the lake is poor, so this natural drawdown could have set back any decline the lake has been experiencing and could benefit lakefront residents, who have been active for years to maintain the lake's quality.

Second, anyone with some time and some good optics should be prepared for the best wildlife viewing they've ever experienced on the lake.

I noticed a recent photo that depicted gatherings of wood storks, roseate spoonbills, white ibis and various species of herons and egrets.

In another month, if the dry lake bottom and shallows persist, residents can expect to see large numbers of migrating shorebirds streaming in from as far away as the Arctic and who knows what else.

Third, if the experience during the 2001 drought on Lake Hollingsworth is any guide, residents could -- if they haven't already -- go on a scavenger hunt for whatever may have fallen out of a boat or somehow ended up on the bottom of the lake over the years. At the least they can retrieve the stuff that didn't drift into the deep spots that plunge to 13 feet when the lake is full and are still covered by water even now when it is not.

Scott Lake isn't the only Florida lake in a diminished state at the moment.

I read that Lake Jackson, a 4,004-acre lake in Tallahassee, is dry again, too.

Lake Jackson has a couple of sinkholes in the bottom that open from time to time, creating quite a spectacle of people arriving to scoop up dying fish when the water disappears.

Although I read that in 1956 local authorities dropped some crushed automobiles and a school bus into a couple of holes to stop the drainage, since then they have been content to let nature take its course.

It's an option worth considering.

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

 

S. Florida Lake Disaster Looms

By Kevin Bouffard
The Ledger

CLEWISTON -- Les Bromwell doesn't aspire to telling fortunes, particularly of the apocalyptic variety.

But the soft-spoken principal engineer at BCI Engineers & Scientists Inc. in Lakeland said he fears a re-enactment of the postHurricane Katrina deluge that destroyed New Orleans if the Herbert Hoover Dike around Lake Okeechobee fails.

Such a flood has happened before. In 1928, an unnamed hurricane sent Lake Okeechobee pouring into the surrounding area, killing as many as 2,700 people and prompting construction of the dike.

The chances of a new disaster caused by a dike collapse are one in six during any given year, according to a no-holds-barred technical analysis of a roughly 140-mile, dam-like, earthen mound encircling Florida's largest lake.

"This is the same as rolling any one face of a six-sided die, which is not an altogether inappropriate analogy in this case," says the April 27 report written by Bromwell with engineers Robert Dean of the University of Florida and Steven Vick, an expert in dam safety and risk analysis.

The chance of dike failure is 50-50 within the next four years, 90 percent within 13 years and 95 percent within 17 years, it says.

Moreover, the $300 million in repairs designed by the U.S. Army Corps of Engineers won't improve those odds significantly, the report says.

The South Florida Water Management District gave BCI a $300,000 contract to do the study in January. Bromwell retained Dean and Vick as consultants.

"The overarching conclusion from our work is that the current condition of Herbert Hoover Dike poses a grave and imminent danger to the people and environment of South Florida," the report states. "A remedial design has been proposed that seeks to provide a permanent solution, and initial construction is now underway. We have serious reservations, however, about its prospects for success."

The report's conclusions have captured the attention of state officials and South Florida residents. In May, Gov. Jeb Bush ordered the development of an emergency evacuation plan for the surrounding communities, including Clewiston, Moore Haven and Pahokee.

"We didn't want to write another report that would sit on the shelf," Bromwell said. "(New Orleans) was definitely in our minds."

LEAKS AND DEPTH MEAN DANGER

The biggest problem is lake water seeping through crevices across the dike's entire 140-mile expanse, said Bromwell. Engineers call the phenomenon "piping."

Large and small puddles of water at dozens of points along the dike's outside edge give visible evidence of piping, but probably many more haven't broken through yet, he said.

As every child learns from the tale of the Dutch boy, cracks in a dike eventually spread, bringing the structure down.

A piping-related failure could happen within hours, which means even daily inspections may not spot the problem in time, Bromwell said.

The other major problem is rising water levels on Lake Okeechobee, Bromwell said. More water is flowing into Okeechobee because of changes in water flows caused by development and restoration of the Kissimmee River, which ends at the lake.

"The danger level increases as the lake gets above (an average depth of) 18 feet," he said. "It has hit 18 feet four times in the last 10 years. The only other time before than was in 1947."

Okeechobee's normal depth is about 10 feet.

The higher water level increases the risk of "overtopping," or water running over the top, Bromwell said. That happened to the much shorter levee in 1928.

Once overtopping begins, failure is inevitable and imminent, he said. That's true even for dams built to much higher standards.

Overtopping is the leading cause of earthen dam failures, followed by piping, the BCI report says. It identified 24 conditions that could lead to the dike's failure.

"We are unaware of any other structure for which so many uniquely identified seepage and piping failure modes have been defined in such detail," it says.

THE LAKE HAS KILLED BEFORE

History shows a calamity of that magnitude is not out of the question.

Residents of these south central Florida counties still tell stories, passed on from parents and grandparents, of the "Great Okeechobee Hurricane" of September 1928, which killed between 1,800 and 2,700 people when the lake overflowed its banks and flooded surrounding areas.

Those stories sound familiar now after Hurricane Katrina and New Orleans: Boats cruising along flooded roads looking for survivors, corpses floating by and thousands of refugees, including orphaned children.

The 1928 hurricane happened before the National Weather Service gave names to the storms and before the development of the Saffir-Simpson scale that measures their strength.

But historians have estimated the hurricane hit Okeechobee as a category 4 -- wind speeds from 131 to 155 mph.

"Nobody wants to repeat what happened in New Orleans," said Alex Damian, South Florida water district's director of operations in the Clewiston area. "The report, if nothing else, generated discussion and the public awareness of the need for a plan. This is a clear correlation with Katrina and New Orleans."

The federal government, under the direction of the Army Corps of Engineers, built Herbert Hoover Dike in the 1930s to prevent another catastrophe like the 1928 hurricane. The Corps still has complete control.

The dike's current problems begin with the original design, Bromwell said.

"Because Herbert Hoover Dike was originally intended to be a levee, it was not designed and built to the high standards applied to impoundment dams," he said. "The seeds were sown then for the problems that have now become manifest."

The dike essentially functions as a dam, Bromwell said, but federal guidelines for dam construction would have pushed costs too high for the Okeechobee area, which was still sparsely populated at the time.

The Army Corps made improvements over the decades, but it could not correct the flaws in the dike's original design, he said.

Several other engineering studies since 1986 clearly identified those problems, and his team relied heavily on them, Bromwell said.

But the reports sat on the shelf until the 2004 and 2005 hurricanes and New Orleans raised concern among state officials about the dike, he added.

Before Hurricane Wilma hit in October, Army Corps officials acknowledged the storm could lead to dike failure.

"As an engineer, I thought they (earlier studies) were pretty straightforward, but they did not get attention," he said. "It's been 20 years since the problems were known, and only now are they beginning the first repairs."

Based on the BCI team's interviews with Corps officials about past incidents, it's amazing the dike did not fail earlier, Bromwell said. The report documents six near failures in 1974, 1995 and 1998 and other close calls in 2003, 2004 and 2005.

CAN IT BE FIXED?

Bromwell and the report also expressed pessimism about the capability of the Jacksonvillebased Army Corps to rehabilitate the Herbert Hoover Dike.

The Corps divides the dike into eight different sections, called "reaches." Its proposed $300 million in repairs during the next 25 years is further divided into "subreaches," each potentially with a different design and engineering company through competitive bidding.

The BCI report questioned how effectively so many different competitors would share information about the problems they encounter and how they dealt with them. Employee turnover in the Jacksonville district only adds to the communication problems, it says.

"For Herbert Hoover Dike, the very nature of the contracting and procurement process makes it difficult to assure that geologic and engineering knowledge gained during design or construction of one subreach will be applied to any other," the report says.

The Army Corps did not return phone calls from The Ledger, but its officials have criticized the tone of the BCI report in other newspapers as "hyperbole" and "sensationalism."

However, Lt. Col. Robert Carpenter, the head of the Army Corps in Florida, was quoted that he did not dispute the facts in the study.

Richard Powers, the chief executive officer at BCI, defended the report. He noted the New Orleans flooding could have been avoided if more people had heeded engineering studies before Hurricane Katrina.

"This is not the first report we've written that some people didn't like," he said. "It's our duty to tell it like it is. Let the chips fall where they may."

Bromwell told The Ledger he doesn't know whether the report will change the course of the Corps' plans. A lot depends upon the reaction in Congress, which is scheduled to hold hearings later this year, he said.

"I think the jury is still out. I'm not going to predict the future. I hope people listen," Bromwell said. "The risk of failure is higher than most people realize. The consequences of a failure could be more catastrophic than people believe."

Kevin Bouffard can be reached at kevin.bouffard@theledger.com or 863-802-7591.

America's highway

At 50, the interstate system has profoundly altered the nation, but long-postponed decisions lie ahead.

By DALE WHITE

dale.white@heraldtribune.com

Without it, North Port and Lakewood Ranch would not be the fast-growing communities they are today. Disney World would not have been built near Orlando, and Florida would not have grown to a state of nearly 18 million residents attracting 80 million tourists annually.

If the most ambitious public works project in the nation's history had never been undertaken, the entire continental United States would not be what we recognize today.

The interstate system supercharged the American lifestyle as its nearly 47,000 miles of highway unfurled over more than three decades.

Yet 50 years later, it's also become an underfunded, often-congested example of a painful side effect of suburban sprawl and Americans' love affair with the automobile. And it has exposed Congress' reliance on an antiquated gas tax that can't cover the costs for an ever-lengthening list of overdue road projects.

Once considered a superhighway, Interstate 75 -- which slices through this region -- is called "the new Main Street" by developers.

And it looks it, especially when commuters use it instead of so-called "local roads" to get to and from their homes and jobs.

For better and for worse, the interstate system has significantly altered how Americans live, work and play.

"The interstates have changed the landscape and fabric of the United States," said Shane Artim, communications specialist for the American Association of State Highway and Transportation Officials.

Now, America must face the long-term consequences of those changes and make some decisions regarding the future of transportation that it has long postponed.

Mobility and trade-offs

With the advent of the interstates, the movement of people and freight across long distances was transformed.

That, in turn, changed how Americans chose places to live, got to work, moved products, stayed in contact and went on vacation.

Still being expanded and redesigned, the interstate system greatly improved Americans' mobility.

Yet that mobility came with trade-offs.

It boosted the trucking industry and Americans' dependence on cars, but also derailed much of the nation's reliance on trains for freight and passenger service -- and postponed interest in other investments in mass transit.

It cut through many inner-city neighborhoods, dividing them and making them less desirable places to live.

Meanwhile, the distance between jobs and homes for the middle class got stretched. And the interstates became the only way to get to either.

"The interstates accelerated the development of outer rings of suburbs," said Eric Olson, transportation specialist for the National Sierra Club.

People who could afford to do so abandoned the cities and flocked to new neighborhoods with easy access to these speedways. They opted to commute to their jobs, which could well be dozens of miles away in another city or county.

Yet, as increasing numbers of commuters have come to rely on the interstates, the highways intended to keep traffic moving now slow it to a crawl.

"It's called 'induced traffic,'" Olson said. "It's somewhat counterintuitive. As you build more highways and more lanes, you create more traffic. Then you get to the point of gridlock."

Every day, more than 100,000 vehicles cross the Sarasota-Manatee border on I-75 and more than 43,000 use the highway to cross the Charlotte County line.

The Florida Department of Transportation predicts that, by 2030, that northern traffic count could climb to 156,000 vehicles each day and the southern count could be more than 104,000.

Alternatives to asphalt

"Most interstates' designs are for 20 years' life," said Jim Drapp, a vice president of HNTB Corp., a national engineering, design and construction management firm that has worked on the interstate system since its inception -- including I-4 and I-75 in Florida.

"Obviously, many sections of interstate are much older than that," Drapp said.

In Southwest Florida, I-75 aged more quickly because the population swelled faster than anticipated, Drapp said.

If the interstate system is to survive another 50 years, it's going to require life support.

Yet whatever is done to increase its capacity requires money.

Florida already pays more in federal gas taxes than it gets back. And the gas tax itself, a per gallon charge, is looking increasingly archaic -- especially as more Americans switch to fuel-efficient or hybrid-engine cars.

On top of that, right-of-way, labor and materials costs are making interstates increasingly expensive to expand and repair.

In the early 1980s, a 38-mile stretch of I-75 through Sarasota and Manatee counties cost about $400 million.

Today, contractors are telling the state that widening and repairing a three-mile stretch of I-275 in Tampa will cost more than $350 million -- $100 million more than the agency budgeted.

Engineers have designed and redesigned a long-anticipated interchange at I-75 and Central Sarasota Parkway. Yet funding for the $46.2 million project is nowhere in sight.

With transportation dollars so constrained, the National Sierra Club insists that the federal government's priority should be keeping up the existing interstate network rather than adding to it.

An estimated 16 percent of the interstate system needs repairs.

Yet, ultimately, transportation planners don't see laying and patching asphalt as the ultimate solution.

"The problem with adding lanes in the existing alignment is that, in some places, the right of way is available and, in some places, it is not," Drapp said. "The cost of the right of way can be more than the cost of building the additional road. And six or eight lanes, in some areas, can be overkill, a safety issue."

Transportation planners say the nation has options, such as better traffic management.

Such ideas include "intelligent transportation systems," which Sarasota and Manatee counties are working on. An ITS enables traffic controllers to monitor highways with cameras and flash messages on roadside electronic signs that inform drivers about accidents and detours.

The Bush Administration wants the nation to have a 511 traveler information service widely available by 2010. Similar to the 911 service used for emergency calls, the 511 service would enable drivers to use their cell phones, or even call before leaving home, to get updates about travel conditions.

The 511 service is in effect in Tampa and the state is working on expanding it into Sarasota-Bradenton.

Converting some interstate lanes into toll express lanes and using interstate medians for mass transit, most likely rail or an express bus lane, are also feasible ideas that get frequent mention.

Yet, whatever changes are ahead for travel within the continental United States, it's likely to remain largely dependent on the interstates, congested or not.

At least for the foreseeable future.

Or until we all get jet packs

Riverfront condo plan advances

BY ANTHONY CORMIER

BRADENTON -- City officials are inching closer to approving a project that would bring 15-story condominium towers to a residential neighborhood on the Manatee River.

The Tarpon Pointe project came to the city council Wednesday without the support of area residents or the city's planning staff. The riverfront neighborhood in East Bradenton where the condos are slated to go is among the city's oldest, with dozens of historic homes.

The City Council gave its preliminary approval to the project, pending a second, final vote.

Tarpon Pointe developer Scott Tibbetts, the former director of the Downtown Development Authority, bought and will raze seven homes on Sixth Street Northeast.

In addition to the condo towers, plans call for a 198-slip marina and restaurant.

"This project is going to be a catalyst for a lot of things in this neighborhood," Tibbetts told the council Wednesday.

But area residents said the condos would overshadow their homes and wipe out views of the river in their community.

"The overall impact on our neighborhood would be disastrous," Joanna Williams said.

City staff said the towers were poorly designed and too tall.

Tibbetts wanted to build 19-story towers, but lowered the height after city planners objected.

The council put off voting on a second large-scale, high-rise condo project planned for the same area.

The Riviera Southshore project calls for the demolition of 60 homes, which have been bought and boarded up by a St. Petersburg developer.

With four towers between 10 and 14 stories, it is the more ambitious project. It would consist of four towers, 534 units and 20,000 square feet of retail space.

Board should abide by Old Homosassa building limits

Letter to the Editor
Published June 29, 2006

Editor: I strongly oppose any plan that would render meaningless the Old Homosassa Overlay District that limits building heights to two floors over parking - the plan that the Board of County Commissioners adopted last July by a 5-0 vote.

I supported the adoption of the Old Homosassa Overlay because we wanted to ensure future development would be compatible with our existing community. The Old Homosassa Overlay District was the result of years of effort and involvement by county staff and members of the community.

This is the first challenge to our overlay. If this challenge is successful, the adopted plan to protect our community will be worthless. Commissioners should affirm their decision last year to support the overlay district and not gut the plan that was adopted to protect what makes our community special.

Any change to the adopted requirements would potentially increase the allowable density of the property. Under current rules, the property owner can have only two floors over parking and must meet all other development conditions including drainage retention, etc. It may not be possible for the property to be developed at 70 percent lot coverage and still meet all the development requirements.

I am requesting that the BOCC abide by the adopted plans for our area by supporting the Old Homosassa Overlay plan and deny three floors over parking in ANY proposal within the overlay area.

Diann G. Schultz, Homosassa

Yankeetown shenanigans are baffling to residents

Editor: Wanting it both ways - there seems to be a lot of this going around these days.

First it was the spin by developer Peter Spittler that Izaak Walton Investors was going to put in "resort residential units" so that their projects could be interpreted as "resorts" to get one permit and as "residences" to get another.

The current argument is that because his resignation was not formally accepted by the Yankeetown Town Council, Roger Myrick is entitled to continue to serve and to vote as a council member.

Does it not follow, then, that, since acting City Attorney David La Croix's resignation also was not formally accepted by the same Town Council, that he is still employed by the town and is therefore in violation of ethics to take on the position of private attorney for Mayor Joanne Johannesson?

Further, using the same reasoning, cannot Debbie Stines, whose resignation was never formally accepted by the council, now resume her duties as town clerk?

There's also the matter that (using the endearing phrase of her close friend) "her mayorship," who has been quoted numerous times in the media as "just trying to keep the town from being sued," is now suing the town herself because she "is not part of the governing body" and therefore not subject to recall.

If that is indeed the case, then the opinion of legal counsel that "the governing body can choose its own agenda" must mean that the mayor has no authority to do so since she professes not to be "part of the governing body."

All this is terribly confusing to the ordinary citizen who has no trouble "living in the 19th century" because then, at least, people said what they meant.

Patricia Candela, Yankeetown

Bush meets on drilling, dike, Everglades in Washington

TALLAHASSEE, Fla. (AP) -- Gov. Jeb Bush said Wednesday he would support more offshore drilling protection than offered by a bill pending in the U.S. House, but that Florida should take what it can get before it's too late.

The Deep Ocean Energy Resources Act, which could allow drilling as close as 50 miles from Florida's beaches, may come up for a vote as early as Thursday.

"The tide has turned against Florida's interest," Bush said before meeting in Washington, D.C. with U.S. Rep. Adam Putnam. The Bartow Republican negotiated the Deep Ocean bill with House Resources Chairman Richard Pombo, R-Calif., before his panel approved it last week.

The governor also met with federal officials to discuss the Everglades restoration project and efforts to strengthen a dike around Lake Okeechobee that could cause massive flooding if it should fail.

The Deep Ocean bill would lift a 25-year moratorium on drilling off much of the nation's coastline and replace it with a 50-mile buffer. But it would allow states to permit rigs closer or extend the no-drilling zone to 100 miles.

Bush said he would support a stronger measure, which many Florida representatives are seeking. It would include a 125-mile buffer in most areas and a ban east of a military mission line in the Gulf of Mexico that would keep rigs more than 200 miles from the west coast of Florida's peninsula.

The mission line was established by the Department of Defense to protect air space over the gulf for training and weapons testing but it does not have the force of law.

"The question isn't what we're for," Bush said. "The question is what can pass the Senate and the House."

Pressure to open offshore waters to drilling has been building as a result of rising fuel prices.

Bush also said Assistant Secretary of the Army for Civil Works John Paul Woodley told him that shoring up the Herbert Hoover Dike around Lake Okeechobee is a top priority for the Army Corps of Engineers.

"It's 100 percent responsibility of the Army Corps. We want to be a partner in it, but they have a duty to fix this," Bush said. "We'd like to see a little more oomph."

State-commissioned experts in May found the structure is highly vulnerable to breaches that could be caused by hurricanes and heavy rains. Bush responded by ordering emergency managers to develop a mass evacuation plan for up to 60,000 people living in the potential flood zone near the lake.

Bush discussed modifications to a consent decree for the Everglades restoration with Interior Department officials.

Clean energy a hot topic in Tallahassee
Debate over coal moves to the cost

By Julian Pecquet
DEMOCRAT STAFF WRITER

The debate over the health and environmental effects of a proposed coal plant has shifted to one over the plant's estimated price: $800 million.

That's how much City Commissioner Allan Katz, who is against building the plant in Taylor County, estimates financing the city's 150-megawatt share of the plant would cost. City staff members said the price tag represents the biggest investment any of them can recall in the city's history.

It's not clear how much it would cost utility customers. But Katz thinks the potential savings from the coal plant aren't worth the investment, an analysis city staff members dispute.

Commissioners are set to adopt a 20-year power plan for the city at their Sept. 13 meeting. Their decision includes whether to participate in the coal plant, an alternative Tallahassee voters allowed the city to consider in a referendum last fall.

"It becomes an irrevocable financial commitment," said Katz, the lone commission to call for a no vote in the referendum. "That is, you're borrowing the money. You're stuck."

But city staff members say Katz's estimate is unfair because it includes the cost of financing the plant over 30 years. In today's dollars, the price tag is about $360 million.

If you said you paid $40,000 for a car, "everybody would think you're driving a Lexus," said Kevin Wailes, the general manager of the city's electric utility. "But what you're really driving is an Impala."

Wailes said the city might have to raise utility rates to pay for the plant, if commissioners were to choose traditional financing, which could start becoming due in 2009, three years before the proposed plant would go online. But other financing alternatives would delay payment until customers started seeing the benefits in lower electricity bills, he said.

The power plan that includes the coal plant would cost about $4.815 billion between 2006 and 2035, in today's dollars (that's without taking into account interest rate payments.) That includes everything from construction to operational to fuel costs. The next cheapest option is estimated at $4.87 billion, a $55 million savings.

Katz called the savings from what could be the city's largest ever investment "statistically insignificant."

Gary Brinkworth, the manager of strategic planning for the utility, agreed that savings wouldn't be the deciding factor.

"This plan is less about dollars," he said, "and more about diversity."

The coal plant plan presented Wednesday was coupled with a $141 million energy savings component and a 30-megawatt biomass plant that commissioners asked staff to move forward with. Under that option, natural gas, whose recent price hikes have been blamed for high electricity bills, would account for slightly less than half of the city's energy production. Under the second cheapest option, natural gas would account for almost 80 percent of energy production.

Katz said there were other options the city could consider, including the possibility of buying 150-megawatts from an LS Power coal plant in southwest Georgia. Over the next few weeks, city utility staff members will be fine-tuning their analysis.

July 5th: Staff update on the power plans.

July 12th: Presentation of power-plan rankings by city staff.

Mid-July to mid-August: Public involvement period, including proposed program to be aired on WCOT, two open houses and a possible online survey.

Aug. 30: Opportunity for public input during a public hearing at the regular commission meeting.

Sept. 13: City commissioners expected to vote on a 20-year power plan for the city, including whether to participate in the coal plant.

New life for lighthouse
By Gerald Ensley
DEMOCRAT SENIOR WRITER

It's almost official: Ownership of the St. Marks Lighthouse is finally being shifted to the U.S. Fish and Wildlife Service, which means it'll eventually be opened to the public.

The U.S. House and Senate on Tuesday passed the Coast Guard and Maritime Transportation Act of 2006, which includes language transferring lighthouse ownership from the U.S. Coast Guard to the U.S. Fish and Wildlife Service. The wildlife service operates the St. Marks Wildlife Refuge, which includes the lighthouse.

The transfer had been discussed since the 1960s and actively pushed by U.S. Rep. Allen Boyd, D-Monticello, since the 1990s.

President Bush is expected to sign the bill in a few days. The transfer is official upon his signature.

"Transferring this land to the Fish and Wildlife Service will allow for the restoration of this beautiful site and the protection of its distinctive heritage," Boyd said in a statement.

The lighthouse was originally constructed in 1831 and was added to the National Register of Historic Places in 1972. The last lightkeeper and his family moved out in 1960, when the lighthouse was automated. Visitors were permitted inside only during an annual visitation day from 1989 to 1999.

The lighthouse is one of 30 in Florida and the only one in which the lighthouse and the keeper's house are connected.

Once the transfer is complete, plans are to refurbish the facility and turn the keeper's house into an interpretive center. It's unlikely the public will be allowed to climb to the top of the 81-foot lighthouse, though plans are to install a revolving camera on top of the lighthouse to provide images on a big screen in the interpretive center.

"I'm excited. This has been a long time in coming," said James Burnett, manager of the wildlife refuge. "We see this as an opportunity to interpret our mission and showcase some of the historical aspects of the refuge and the area."

Restoration of the lighthouse is a project of the St. Marks Refuge Association Inc., a 300-member citizen support group. The group has raised $80,000 already - though restoring the site "will take 10 times that much," said Gail Fishman, president of the refuge association.

The keeper's house needs new flooring, new windows, an air-conditioning system and asbestos removal. The association hopes to raise most of the restoration money from government grants. It submitted a grant application to the state Division of Historic Resources earlier this year but had to withdraw it when the ownership transfer stalled.

There is no timetable for opening the facility to the public. The 70,000-acre wildlife refuge attracts 300,000 visitors a year.

"This is a site of historical and cultural interest, not only to the people of Wakulla County but to people all over the world," Fishman said. "It's a resource that needs to be protected. We're champing at the bit to get going."

Burnett acknowledged many visitors will want to climb the top of the lighthouse for the panoramic view from the old lantern room. But he said it's doubtful that can be permitted: To reach the top, visitors must climb steep, narrow stairs, then clamber through a small trapdoor. He said the arduous climb raises liability and physical fitness issues.

"I'm not going to say a definitive 'No,' ” Burnett said. "But if we opened it to the public it would be under extremely tight controls and in limited circumstances."

Rising costs threaten school projects

District's building plan up 50% since April 2005, nears $1 billion

BY KATE BRENNAN
FLORIDA TODAY

In more than a year, estimated costs for Brevard Public Schools' seven-year building plan increased 50 percent to nearly $1 billion, according to a construction cost analysis recently released by URS Corp.

That's more than the 30 percent cost increase district officials estimated in March and depicts a cost-escalating trend that's expected to continue in Florida and across the nation for the next several years, according to the San Francisco-based engineering company.

The price increases are a result of devastating hurricane seasons the past two years, which led to a rise in construction activities, a shortage in labor and material, and an increase in fuel costs.

When they approved the plan in April 2005, school board members set aside $65 million or a 10 percent reserve in case of such increases. No one anticipated the $325 million rise the district is facing, said the Michael Degutis, assistant superintendent of finance.

"We have good processes here in the district, but there are some extraneous factors that we don't have control over," he said. "The construction market is just going nuts as is the insurance market and the oil market. We don't know when any of it's going to stop."

Degutis and other districtofficials met this week to discuss funding sources, including additional property tax revenue, that might help offset rising construction costs and property insurance premiums, which are expected to more than double this year for a 10th of the coverage.

"I don't think it's all doom and gloom," he said. "But the board does have some decisions to make."

Based on construction cost increases, URS recommended the school board consider these options when re-evaluating its building plan:

Eliminate some projects.

 

Land use plan wins county's approval

The plan now goes before state officials. And at home, the threat of a Pasco Building Association lawsuit to challenge the plan appears less likely.

By CHUIN-WEI YAP
Published June 28, 2006

NEW PORT RICHEY - Commissioners unanimously voted Tuesday to approve the county's comprehensive land use plan, which has been four years in the making.

Also, the threat of a lawsuit by the Pasco Building Association contesting the plan appeared to recede, as association officials and their lawyers softened an approach previously set for a head-on collision with county officials.

The commission's decision now hands the amendments over to the state Department of Community Affairs, which has 45 days to decide whether it finds the changes in compliance.

It's the next 21 days that are likely to be more closely watched.

That's when the window opens to file legal challenges to Pasco's proposals.

Earlier this month, the Pasco Building Association had asked its members for $500,000 to fund a lawsuit against Pasco.

On Tuesday, lawyers with Hopping Green and Sams in Tallahassee, the association's counsel, backed away from the language of confrontation.

"The PBA has a couple of issues with comprehensive plan amendments," said D. Kent Safriet. "The PBA welcomes the opportunity to work with the county to come up with a plan that is financially feasible and works for both sides of the fence."

Dan Stengle, the lead attorney, told the St. Petersburg Times that a legal challenge may not happen. But he said no final decision has been made.

The focus of the association's grievances may shift from conservation subdivisions and mixed-use developments to asking Pasco to clarify its rules on expecting developers to shoulder road-building costs as a price for bringing in developments, Stengle said.

He said a discussion between the association and comprehensive plan expert Charles Gauthier had influenced the shift in position.

"The PBA did not want a hired gun to come in and attack the plan," Stengle said. "The discussion with Gauthier put it slightly more in perspective. Transportation has been brought more to the fore."

The association's president, Alex Mourtakos, said he had no comment when asked Tuesday if a lawsuit was still being contemplated.

Protesting the association's original threat, a few major developers and their allies, including Newland Communities, Lexington Homes, engineers Heidt & Associates, and attorneys Figurski & Harrill resigned from the association.

Association officials say Crown Community Development remains a member, but the developer had distanced itself from the association's plans in an e-mail to County Administrator John Gallagher. Crown's general manager, Craig Weber, had criticized the association for taking a position "without full membership participation and support."

At Tuesday evening's final hearing, most speakers cheered the end of a crucial chapter in the plan's evolution.

"It took us this long because of the diversity of the Citizens Advisory Committee," said Jennifer Seney, a committee member and executive director of Pascowildlife. "If we all thought alike, we would have whipped through this process like you know what."

"I think we ended up at a destination that's good for all of us," said Dr. Octavio Blanco.

At a work session Tuesday morning, the county's consultants appeared confident that the comprehensive plan changes would fare well at the state level.

"The DCA only had nine objections," said Frances Marino, of the firm Glatting Jackson. "That's particularly phenomenal, and they weren't extensive objections."

State officials want to be more convinced of county analyses on transportation, utilities and school issues. They also want clarifications on density calculations in different kinds of land uses, among other concerns.

County officials are sending a 62-page attachment as a reply to the state, along with the adopted plan.

Chuin-Wei Yap covers growth and development in Pasco County. He can be reached at (813)909-4613 or e-mail cyap@sptimes.com.

[Last modified June 28, 2006, 07:25:37]

County OKs New Growth Guidelines

By JULIA FERRANTE The Tampa Tribune

Published: Jun 28, 2006

County commissioners signed off on major changes to their comprehensive growth plan Tuesday night, despite concerns from some builders and landowners.

The board unanimously approved new guidelines for future growth and development, including rules for large, open tracts in northeast Pasco County.

The plan will be sent to the state Department of Community Affairs, which has 45 days to review it. After that, anyone affected has 21 days to file a challenge, or the plan will take effect Sept. 18.

The DCA in an initial review found that Pasco officials did not provide enough information about how projected growth will affect schools, roads, water and sewer service.

County planning consultant Frances Chandler Marino, of Orlando-based Gladding Jackson Kercher Anglin Lopez and Rinehart, told commissioners at a workshop early Tuesday in New Port Richey that the plan has been revised to address the DCA's concerns.

Parts of the plan still don't pass muster with the Pasco Building Association and the East Pasco Agricultural Landowners.

D. Kent Safriet, a Tallahassee attorney for the building association, said his clients continue to object to rules for conservation subdivisions. Those allow for increased density on parcels larger than 100 acres if at least half is set aside for open space. The association also takes issue with rules for town centers, which must be at least 40 acres, and traditional neighborhood design standards for architecture, streets, amenities and businesses.

Safriet said after the hearing the association has not decided whether to challenge the plan.

Clarke Hobby, lawyer for the east Pasco landowners, said after the workshop his group also has not decided whether to launch a challenge, but members are troubled about restrictions on road expansions and other issues.

"Our clients still have concerns about the road network," Hobby said. "They think it is very short-sighted of the county to discourage any additional laneage [expansion] from the road network when you are going to have 1,700-unit developments."

The group also says owners of large tracts in northeast Pasco should not be treated differently from landowners in other parts of the county.

"It's not mandatory anywhere else," Hobby said. "If you are Joe Blow, and you have 150 acres which allows one unit for 10 acres, if you want to rezone, you have to do a conservation subdivision. Your neighbor could have 75 or 99 acres, and it does not apply to him."

Other residents, such as Richard Riley, of Trilby, commended the plan.

"What you've designed will help control growth," he said. "It will help promote controlled growth and thoughtful growth, particularly in northeast Pasco, where I live."

Jennifer Seney, who was on the Citizens Advisory Committee that helped revise the plan, said it represents points of view of land-use attorneys, developers and citizens.

Earlier in the day, commission Chairman Steve Simon asked that more specifics be included on "green building standards" or measures to conserve energy and limit environmental impacts.

Commissioner Ted Schrader asked whether there is a separate standard for "village centers."

Marino said those guidelines can be created, but typically a village center is smaller than a town center, and land uses are more limited.

Contact Julia Ferrante at jferrante@tampatrib.com or (813) 948-4220.

Homestead mayor stresses need to preserve land, quality of life


ebatista@MiamiHerald.com

Homestead officials have focused on the city's booming growth and development, but now it's time to switch gears and preserve some green space, including 530 acres the city owns on the east side of town, the mayor said in his fourth annual State of the City address.

''It is my conviction that this property should be saved and set aside for the benefit of Homestead's residents,'' Mayor Roscoe Warren told about 300 people at the Homestead Miami Speedway Champions Club on Tuesday. ``As the last of our land assets, this property should be preserved for our children.''

The land, located just south of the speedway, is zoned for agricultural use now.

Warren's main themes were the city's unprecedented development and the need to maintain its unique identity as more people move in. Homestead led South Florida in recent population growth, with an 18-percent growth rate between 2004 and last year, according to population estimates released last week.

''We must strike a balance to maintain our character in the process of our development and growth,'' he said. ``We must preserve our past to ensure our future.''

Property values are rising and the state of the city is good, Warren said. As a result, he said he will recommend cutting the city's tax rate for a second year in a row.

It's too early to say whether property owners' tax bills would go up or down, however, because next year's budget has yet to be compiled.

The increase in residential and business development has hiked Homestead's taxable property value to $2.9 billion from $1.6 billion last year, officials said.

One of the larger projects in the pipeline is the 300,000-square-foot, 120-bed Homestead Hospital expected to open later this year, which will replace the existing facility and will be the city's biggest employer. The city's first big-box mall is in planning stages as well.

The city has come a long way since Hurricane Andrew devastated the area in 1992, the mayor added.

Developers plan 9,500 homes around Edgewater

By KELLY CUCULIANSKY
Staff Writer

EDGEWATER -- Developers of a planned 6,281-acre residential project west of Interstate 95 intend to submit a project application in early September and begin construction in 2007, the City Council learned Monday.

Most of the land is in Edgewater, with about 1,101 acres in New Smyrna Beach. Known as Hammock Creek, plans call for up to 9,500 homes and more than 20,000 residents. About half the acreage is wetlands but developers say they plan to cluster housing to save parts of the environmentally sensitive property.

Edgewater's comprehensive land use plan must be amended to include a new land-use category that can accommodate a project of this size and complexity. If an amendment is approved, it must be submitted to the Volusia County Growth Management Commission for review.

Similar agency review also will take place in New Smyrna Beach.

The East Central Florida Regional Planning Council then will coordinate the reviews with area agencies to check the project's consistency with state and regional plans.

So far, two meetings about the project are scheduled in August -- a citizens-input meeting on Aug. 9 and public officials from both cities will meet on Aug. 24.

 

Area Home Prices May Be In Danger

Published: Jun 28, 2006

TAMPA - The Tampa Bay area's strong job growth continues to fuel demand for homes and push prices upward, but those jobs aren't paying enough to keep up with the cost of housing, the PMI Mortgage Insurance Co. said Tuesday.

The Tampa-St. Petersburg-Clearwater metro area has a 29 percent chance of seeing home price declines in the next two years, according to the U.S. Market Risk Index, released by PMI. The area ranks 23rd among the 50 riskiest metro areas nationwide.

The area's risk score of 294 is up 77 percent over 2005's score of 166. Areas with scores of more than 100 are considered risky.

"In Tampa, property prices have increased much more than income," PMI spokeswoman Beth Haiken said. "This can happen for a while, but it can't happen indefinitely. At a certain point, people won't be able to stretch anymore."

Walnut Creek, Calif.-based PMI, one of the largest insurers of mortgages, bases risk factors on price appreciation, the labor market and affordability.

The Tampa market, Haiken said, fared well in healthy job growth and low unemployment categories. The report then compares home price acceleration with how much of a person's monthly income is spent on housing. That gave the Bay area an affordability index of 72.9. A score of 70 indicates that the average person is spending 30 percent more of their income on housing than in 1995.

PMI is concerned about cities with low scores because they indicate less affordable markets, Haiken said.

"We do this so we and our clients are well informed about what markets are at risk for price declines," she said.

San Diego topped the list of risky cities, Haiken said. The area has a 59.9 percent chance of seeing home price declines in the next two years. Haiken said the group expects falling prices along the West Coast and in the Northeast.

The Tampa Bay area created 46,000 jobs last year, according to commercial real estate firm Cushman & Wakefield.

On average in Florida, wages are rising. Last year, the average wage was $33,219, up 5.6 percent from 2004. That's still below the national average of $37,870, according to the Bureau of Labor Statistics.

Meanwhile, the cost of goods has increased. The Consumer Price Index for Tampa-St. Petersburg-Clearwater was 4.6 percent last year, without taking into account spikes in home prices. That's higher than it has been since the index was first measured here in 1987. In comparison, the national average last year was 3.4 percent.

Chris Smith, spokesman for the Tampa Chamber of Commerce, said the area is bringing in higher-paying jobs. The approximate average salary of jobs created this year is $43,691, up from $37,500 in 2004, he said

Smith said the 29 percent risk factor PMI reports is relatively low.

"That, to me, means we have a 71 percent chance that our homes' sales prices will at least hold steady," he said. "And the types of jobs we're bringing in are making people able to buy homes."

The Florida Association of Realtors released data Tuesday showing that the median home sale price for the Tampa-St. Petersburg-Clearwater area was $230,900 in May, up 18 percent from $196,100 during the same month last year.

Brad Monroe, president of the Greater Tampa Association of Realtors, said he doesn't expect prices to drop. Instead, he said, the rate of acceleration will taper off.

"We still have homes in the low $100,000 range, but they aren't the most desirable," Monroe said. "But who said your first home would be $250,000?"

Information from Tribune archives was used in this report. Contact Shannon Behnken at (813) 259-7804 or 

sbehnken@tampatrib.com

Existing homes sales plummet

Palm Beach Post Staff Writer

Wednesday, June 28, 2006

Local sales of existing single-family homes and condominiums in May continued their double-digit downward spiral for the fifth straight month, the Florida Association of Realtors said Tuesday.

Home values, however, held steady with where they were a year ago, when records were set nearly every month.

That's good news for owners who want to draw on their equity, but bad news for buyers as the affordability crunch continues to squeeze crucial community workers out of home ownership.

The number of condominiums sold took the biggest hit last month, dropping 40 percent in Palm Beach County compared with May 2005. That decline follows an even bigger slump in April, when condo sales plunged 50 percent from the previous year.

"When prices have been artificially increased by speculators flipping units back and forth, always at a higher price, that works fine until you reach the end of the 'greater fool theory,' when there's nobody out there to pay a higher price than you paid," said real estate consultant Jack McCabe, chief executive of McCabe Research and Consulting in Deerfield Beach.

"We reached that point at the start of 2006," McCabe said.

Single-family home sales also tumbled as Palm Beach County buyers closed on 982 purchases last month, down 26 percent from May 2005.

"Thirty percent of the market is investors, and they got burned at the end," said Mike Dooley, president of the Florida Association of Realtors. "It takes a lot for their properties to be absorbed."

Prices remained flat last month. The median price of an existing home in Palm Beach County was $391,000, up minimally from $390,900 in May 2005, the association said.

The record median price of $421,500 was set in November. The median is the midpoint at which half the homes cost less and half cost more.

Existing condo prices in Palm Beach County rose 10 percent in May, to a median of $218,900, the association said. By comparison, the county's existing condos in January were appreciating at a rate of 31 percent year over year, association records show.

It is the actual number of condo sales that plummeted: 552 units were sold in Palm Beach County in May, down from 920 in May 2005.

"We're seeing inventories skyrocket and sales dwindle, and the logical outcome — as anyone who has taken Economics 101 can tell you — is that price corrections always follow," analyst McCabe said.

In the Treasure Coast, existing-home sales fell 22 percent, to 519 from 662 in May 2005. The median price of an existing home in Martin and St. Lucie counties dipped slightly to $252,300, from $253,200 in May 2005.

"The housing market will soften throughout this year as affordability continues to erode," said Celia Chen of Moody's Economy.com in West Chester, Pa.

Condo sales in the Treasure Coast also lagged behind last year's sales, falling 17 percent to 85 closings. Prices fell slightly, to $202,100 from $206,300 in May 2005.

"Save Our Homes has caused sales to drop," said Dooley, of the Realtors' association. The 1992 constitutional amendment caps the amount a homesteaded property's taxable value can increase each year at the lesser of 3 percent or the state's consumer price index.

"Folks say, 'I can't sell my house because when I buy something else my tax bill is going to be three times what it is now,'" Dooley said.

Rising interest rates also are applying the brake to home sales. A 30-year fixed-rate mortgage averaged 6.6 percent in May, up from 5.7 percent in May 2005, according to mortgage giant Freddie Mac. The rate was 6.5 percent in April.

"Interest rates, while up from last year, aren't having nearly the impact on the market as the number of investors are that have homes for sale," said Jim Sahnger, vice president of Palm Beach Financial Network. "The inventory levels we see today are predominantly from those caught holding the bag when sales slowed with the hurricane triplets, Katrina, Rita and Wilma last year."

Statewide, sales of existing homes fell 24 percent, to 18,860 from 24,523 in May 2005. The slowdown in single-family home sales was so widespread that only three markets posted sales gains: Pensacola (1 percent), Tallahassee (2 percent) and Gainesville (4 percent).

The median price of an existing home in Florida rose 11 percent, to $256,400 from $232,000 in May 2005. Existing condominium prices remained stable at $222,000.

Nationwide, existing home sales dropped 7 percent, the National Association of Realtors said. The price of an existing U.S. home rose to a median of $230,000, a 6 percent increase over May 2005.

Despite the decline, the national association expects 2006 to be the third-highest on record for sales

 

Worries don't stop water system despite objections, Chassahowitzka water system a go

Residents say they can't afford the costs, but the county says it has no choice but to go ahead with the project.

By CATHERINE E. SHOICHET
Published June 28, 2006

Times Staff Writer

INVERNESS - After more than three hours of heated debate Tuesday, county commissioners voted unanimously to set assessments to fund the construction of a central water system in Chassahowitzka.

Residents of the coastal community packed the County Commission chambers. During the meeting's public comment period, many of them urged commissioners to scrap the project because they could not afford to pay for it. Most of the audience responded with applause and an occasional "Amen."

But commissioners said they had no choice but to go forward with the assessment program.

"I'm not sure we have an alternative," commission Chairman Gary Bartell said. "We're either going to fix this problem or we're not going to fix it."

Calculations by county staff members indicated that each residential unit in Chassahowitzka would have to pay at least $6,361.88 for the water project, in addition to a 6 percent interest rate and possible administrative fees.

Residents said they worried that the costs would be so high that they would lose their homes.

Chassahowitzka resident Jim Bennett apologized to his neighbors for encouraging them to support the push to bring central water to the community.

"I was misled, lied to and played like a cheap fiddle," he said.

Now, he said, he's worried that people will be forced to sell their homes.

He described the project as a "travesty" and accused commissioners of violating the public trust.

"You may still have the chance to help us, but I won't be holding my breath," Bennett said.

Matthew Corona told commissioners that Chassahowitzka residents were "families struggling to make it on an income already stressed."

Bringing water and wastewater service to the community would change it forever, he said.

Bartell, whose district includes Chassahowitzka, has been a vocal proponent of bringing water and sewer to the area. On Tuesday, he said he understood the dilemma that residents faced.

"The issue does not have to do with the need," he said. "It has to do with how we pay for it. I don't know the answer. I don't know any magical wand that we can wave in front of this."

Commissioner Jim Fowler said an idea he proposed earlier this year was a possible solution: capping assessments.

"These things are not going to get cheaper. I just don't know how we could in good conscience allow someone to lose their homestead to correct an environmental problem that was not of their making," he said.

But he said the water and sewer project in Chassahowitzka was "a done deal."

"This is going to happen, but you shouldn't have to pay 100 percent of the cost," he said.

The water and sewer projects in Chassahowitzka have been in a tailspin since August after the county received only one bid, from Danella Construction Corp. The $11.1-million bid was more than double original estimate.

At that time, the county had secured about $4-million in state grants for the project. To make up the difference, county officials originally said they would have to levy assessments of more than $10,000.

Commissioners decided to separate the water and sewer portions of the project to cut down on its costs.

But director of public works Glenn McCracken said Tuesday that decision may have ultimately cost the county more money.

"We thought we were doing the right thing by trying to get additional bids," Bartell said. "It didn't work out that way."

The county is slated to receive $2-million in additional state funding for the project, which will help pay for the construction of the sewer system.

Bartell also asked county staffers to look into establishing a 20-year payment option for residents, rather than limiting it to 10 years. County staff members will also look into adjusting the county's administrative fees and evaluate how future developments outside the assessment district could help pay for the water and sewer projects.

The cost of assessments to pay for the sewer portion of the project has not yet been calculated.

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.

Bush ready to step in, but gives town last chance

The Yankeetown council has been unable to reach a quorum for a third time and may need the governor to intervene.

By ELENA LESLEY
Published June 28, 2006

YANKEETOWN - Gov. Jeb Bush is prepared to intervene in Yankeetown's municipal anarchy, but he's giving the town one more chance, town attorney Kenneth Warnstadt says.

Warnstadt said he and Mayor Joanne Johannesson contacted the governor's office Monday after they were unable to make a quorum for a third council meeting on Friday.

Citizens had urged officials to try to schedule an emergency meeting instead of contacting the governor, but Warnstadt said he and the mayor viewed this suggestion as "a futile effort."

A regular council meeting is scheduled for Monday.

Warnstadt said the governor hoped Yankeetown's problems could be resolved at the local level.

"The governor intervening is kind of a nuclear option," he said. "He's prepared, but he's giving the town one last chance."

Council member Mary Pate said she had not been notified of any upcoming council meetings.

It's unclear at this point whether the council has a quorum. Council member Dan Bowman gave a verbal resignation Friday night. Roger Myrick had rescinded a resignation to make quorum for Friday's meeting, but decided not to participate after residents questioned the legality of that action.

If Bowman and Myrick are no longer on the council, that would leave the body with only two voting members - one short of a quorum.

Town Hall has been closed this week, because there is no town clerk.

If the council cannot muster a quorum for Monday's meeting, Warnstadt said he will contact the governor's office again.

"Maybe they'll say 'give it one more try,' " he said. "Or maybe they'll say, 'nuts with it.' "

Elena Lesley can be reached at 564-3627 or elesley@sptimes.com.

Article published Jun 28, 2006

UPDATE

WHAT'S NEW: The City Council approved an agreement that would restore Venice's compliance status with the Environmental Protection Agency.

THE STORY SO FAR: The city of Venice pleaded guilty to a three-county felony violation of the Clean Water Act last year and paid a $110,000 fine for dumping wastewater into Curry Creek in 2001.

WHAT'S NEXT: The EPA is expected to approve the agreement within 30 days, according to city attorneys.

'Boom' could be a bad thing for Orange County's Innovation Way

Officials say the chance of old bombs won't halt a tech corridor.

Jeannette Rivera-Lyles and David Damron
Sentinel Staff Writers

June 28, 2006

Ambitious development plans for an "Innovation Way" corridor in southeast Orange County have hit a snag with the belated realization that the area could be riddled with buried bombs and other explosives from a World War II-era testing range.

Orange County Mayor Rich Crotty said he learned only in the past week about a bombing range that once operated on some of the land near the BeachLine Expressway that he is pushing to become home to high-tech businesses and new upscale neighborhoods.

The Army Corps of Engineers says it's likely that the former 12,483-acre Pinecastle Jeep Range has unexploded ordnance and chemical contamination. The corps has informed the county it will begin conducting soil tests in October. Crotty said he found out about the range only after inquiries by the Orlando Sentinel late last week.

The old testing site falls partially on a proposed highway Crotty wants built to anchor the Innovation Way area, but it also partly covers or abuts three pivotal developments of homes and high-tech jobs around that road corridor. One large tract, owned by Carlsbad Orlando LLC, appears to be the most affected. Carlsbad officials could not be reached.

Cleanup of the site, paid for by the corps, could take up to a decade. Innovation Way development is expected to begin in the next few years, and construction plans to build Crotty's highway connector may be just two years away, Orange chief planning official Jim Harrison said.

But county officials think the cleanup work can be done quickly and delays would be minimal.

"This is not a show stopper," said Lori Cunniff, Orange's Environmental Protection Division manager. "We're expecting that this is not going to be a big issue."

The bombing range is the latest problem to plague Innovation Way. At least one developer has objected to the county's requirement that jobs are created before homes are built. And environmentalists are worried that not enough is being done to protect sensitive wildlife corridors.

To get around the bombing problem, Innovation Way's saving grace could be that most of the heavier artillery and bombing ranges appear on old maps to have been north of the BeachLine Expressway, where a county landfill operates and no immediate development is planned.

The highway and smaller road network that would support the high-tech job and home corridor would be south of the BeachLine, where maps indicate smaller rifle-range activities took place. County environmental officials are confident that would make for a quicker and less-expensive cleanup in the vital Innovation Way corridor areas.

Staffers plead ignorance

Corps officials say they first informed the county of potential hazards in the area in the early 1990s. Corps documents show the area was identified as a former bombing site at least as early as 1994. But county staffers insist they only learned about it from the corps in February, and developers say they found out about the range in the past two months.

It's not clear why it took Crotty and other top county officials four months to learn what the staff had been told in February. During those months, commissioners cast key votes to approve the Innovation Way development concept.

Jay Berlinsky, a manager of the proposed Innovation Place housing and commercial development, said less than 5 percent of his land is affected, but even that is likely to trigger additional testing, possibly a cleanup and delays.

"If there was something massive out there, it seems like when they were laying down two major freeways, they might have come across something," said Berlinsky, referring to the Central Florida GreeneWay and the BeachLine.

Neil Frazee, vice president of Miller, Sellen, Conner and Walsh, the developer for Innovation Place, said his company was taking "one day at a time."

Only a small portion of Frazee's property falls within the old bombing site, but the developer was unhappy not knowing about it earlier.

"We are trying to identify who knew this bombing range was out there and when," Frazee said.

Crotty said the county didn't try to hide the problem.

"My historic memory is pretty good. But I had forgotten that one ever existed," said Crotty, who added that in his nine years as former county property appraiser, the range had not surfaced as an issue.

According to Army documents, the Pinecastle range was used from 1943 to 1946 as a training site for air-to-ground rocket firing and high-explosive bombing, among other things. It was also a demonstration site for politicians and military top brass to view firepower.

A 1948 corps document shows the area was "partially cleared," but records don't show where any cleanup happened or how effective it was, said Robert Bridgers, a contractor coordinating the inspection for the corps.

County officials said that when the county studied the area for the Innovation Way proposal, information about the bombing range never surfaced. Before the GreeneWay was built, soil and environmental work done near the site didn't turn up anything troubling, officials said.

"I don't suspect that they'll find much of anything [in the Innovation Way area]," Orange County environmental manager Hamp Pridgen said. "But we've got to keep our minds open. It's an unknown at this point."

Bombs could go off

Corps officials said although the bombs aren't dangerous for people walking around the area, the buried explosives could go off if subjected to pressure, extreme temperatures or impact.

Because some people have been killed or injured at old bombing-range sites, Congress in 1986 mandated a project to identify and clean "formerly used defense sites," or FUDS. Nationwide, more than 11,000 FUDS have been identified; 714 of them are in Florida, including the Pinecastle site.

About 123 of the Sunshine State's FUDS are likely to have unexploded devices, ordnance debris and contamination.

After soil tests at the Pinecastle site, workers plan to map the area -- inch by inch -- using oversized metal detectors linked to seven satellites. Weapons would then be excavated by hand.

Crotty and his top environmental lieutenants are confident Innovation Way will move forward.

"If I had to put a quarter down on whether it will cause delays [for Innovation Way], I'd put a quarter down that it doesn't," Pridgen said.

Jeannette Rivera-Lyles can be reached at jrivera@orlandosentinel.com or 407-420-5471. David Damron can be reached at 407-420-5311 or ddamron@orlandosentinel.com.

Surgeon continues push to revamp city's skyline

Neighbor plans to fight towers

BY RICK NEALE
FLORIDA TODAY

Dr. Richard Hynes is continuing his campaign to construct a new downtown skyline.

If the real estate market allows, the Melbourne back surgeon wants to build twin 17-story buildings on the grassy banks of Crane Creek, across the water from the central business district.

Plans call for eventual construction of 346 hotel rooms and timeshare suites, 54,000 square feet of retail and office space, a 250-seat restaurant and 21 boat slips, City Hall records show. The South Crane Creek towers will reach heights of 149 feet, 4 inches along Prospect Avenue, flanking both sides of the Florida East Coast Railroad tracks.

"I love this property. We've got nothing to lose," Hynes said. "There hasn't been a new building built there in 25, 30 years. It's a blight zone. It's a real tough area. And we're taking all the risk."

Hynes is hardly alone in his quest to create new Melbourne landmarks: Developers have submitted documents for nine downtown housing structures standing 76 feet or higher.

But condominium sales across Brevard County plunged 76 percent last month compared to May 2005, the Florida Association of Realtors reported.

Indeed, as Mayor Harry Goode has publicly quipped during recent months, "they haven't turned a shovel of dirt" and all condo-tower plans remain on the drawing board. The exception: The 80-foot Harbor Edge Condominiums, where heavy equipment operators are excavating off Melbourne Avenue which is being built by another developer.

"Which (towers) will be built? Which ones won't?" Hynes asked. "I don't know, and I don't think anyone does. The market's real slow. The market has to catch up."

Hynes received approval in February to build the Harbor City Center -- twin 159-foot towers -- near the Melbourne Causeway.

Engineering work is under way. The Melbourne planning and zoning board will discuss Hynes' South Crane Creek project July 6.

Opposition is afoot: Tuesday, a nearby property owner picked up petitions to try to force a super-majority city council vote on the zoning change.

The South Crane Creek development would occur in three construction phases.

Hynes will first build a three-story office-medical structure containing his back surgery center, a restaurant, medical offices and a research laboratory.

After completion, which could take two years, he will reassess the inventory-rich housing market before building additional stories.

The 5.8-acre project boundaries lie within a recently designated, dilapidated "blight zone" south of the creek, which was added to the downtown redevelopment district last month.

Hynes said he wants the Melbourne City Council to "stand shoulder-to-shoulder" and endorse a 10-year development agreement for the entire project.

He said the property could include a creekfront boardwalk that links with the downtown manatee-viewing promenade via a footbridge.

Meanwhile, about two blocks away, Hynes has submitted plans to build an 80-foot "Harbor Vues" condominium tower between New Haven Avenue and Bean Park on Melbourne Avenue.

The Bethel Marine building would be demolished.

Cindy Dittmer, planning and economic development director, said the housing towers -- if built -- will have profound economic repercussions.

"I think it'll have a tremendous impact on the downtown because it'll bring a 24-hour life to the downtown," Dittmer said.

"It would hopefully lessen the impact on traffic downtown -- people are going to walk to go get dinner, to go shopping," he said.

Contact Neale at 242-3638 or rneale@flatoday.net

Venice may be near end of water scandal

The dumping of treated waste water has been a costly lesson

VENICE -- Nearly five years after the city began illegally dumping treated wastewater into Curry Creek, Venice seems poised to close the book on one of the most expensive and embarrassing chapters in its history.

But current and former employees involved in the scandal may not be off the hook.

As a result of the city's guilty plea and settlement agreement, Venice agreed to cooperate with a grand jury convened to consider bringing indictments against individual employees.

The city's attorneys Tuesday would not comment on the grand jury proceedings and steadfastly refused to say who is under investigation.

In December, the city reached a settlement in federal court on a three-count felony violation of the Clean Water Act, which included a $110,000 fine.

Since then, the city has negotiated a deal with the Environmental Protection Agency that would essentially keep Venice off a blacklist of Clean Water Act violators. The deal announced Tuesday will preserve the city's eligibility for federal contracts, assistance and loans for the water plant.

In exchange, the three-year compliance agreement includes requirements that Venice establish a code of conduct and ethics for city employees and have its utilities workers attend at least one hour annually of ethics training. The agreement also calls for an audit within the three years to ensure the terms are met.

On Tuesday, the city council approved the agreement, on which federal environmental authorities are expected to sign off within 30 days, said attorneys representing the city.

"We feel that we have a final settlement with these folks. The EPA is anxious to have this issue resolved," said Ron Noble, a Tampa attorney who has represented the city throughout the case. "It's been a long process, and this should be the final stage of it."

It remains unclear whether federal investigators might bring charges against plant operators or managers responsible for the dumping, which occurred in 2001 and 2002, when the plant was operating well beyond its capacity.

According to the plea agreement, city employees knowingly dumped excess treated wastewater into Curry Creek and sprayed it onto a field at Knights Trail, even though the systems designed to measure and limit the flow weren't working.

City workers then falsified measurements of how much water was discharged in reports to the EPA which managers later certified as accurate.

City Manager Marty Black said Tuesday costs stemming from the case -- including fines, attorney and engineering fees, and monitoring hardware -- will be at least $2 million. That is double what the city previously estimated.

One repercussion of its agreement with the state environmental authorities has angered some local homeowners. The city has stopped piping reclaimed water into 10 of the 13 ponds -- most located along local golf courses and developments -- which risk overflowing into protected waterways.

"Ask yourself if you'd like to see your pond go dry," Joe McKee, a resident of Bridle Oaks, told the City Council. City leaders defended the decision, saying it was made out of an abundance of caution when they are under tight scrutiny.

I-275 plan hits $100M bump

Prices for a new Tampa stretch are 40 percent higher than expected, the latest transportation sticker shock. Oil prices are blamed.

By KEVIN GRAHAM
Published June 28, 2006

TAMPA - State transportation officials say the rising cost of oil has pushed bids for a portion of Interstate 275 construction to $100-million more than engineers' estimates.

"We've had problems with materials," said Marian Scorza, spokeswoman for the Florida Department of Transportation. "The price of materials, the cost of asphalt, that's the reason why the bids are going up."

The DOT had budgeted $250-million to rebuild and widen I-275 from the Howard Frankland Bridge to Himes Avenue, near downtown Tampa. But the two bids they received came in at more than $350-million, or 40 percent higher than expected.

"That's a shocker," said Ron Rotella, executive director of the Westshore Alliance business group. "Hopefully the department can come to grips with the construction costs and get the improvement done. You wonder if the project would proceed if those bids are the best they can do."

Hillsborough County Commissioner Thomas Scott, who sits on several transportation boards, said the same problem has plagued Tampa's N 40th Street project, bids for which came in at $4-million more than the city's highest estimate.

"I guess the state and county governments will have to reassess the whole issue," Scott said. "This is a major hit in terms of transportation given the fact of the rising costs. It's unbelievable."

Scorza said the DOT has just started to think about options.

"We're reviewing the bids, so we don't really have alternatives being considered yet," she said.

Construction plans call for at least four traveling lanes in each direction. The new interstate would have up to 64 feet of median between the northbound and southbound lanes, which means the highway will expand one to two blocks closer to adjacent neighborhoods.

Early renderings of the project showed special features at each exit that would symbolize the surrounding community. A design for the Dale Mabry Highway exit, for example, showed a 25-foot-tall statue of a football player atop a giant pedestal.

To compensate for the inflated costs, Scorza said the DOT may consider doing the project in smaller segments.

"But right now it's too early to say," she said.

Asphalt is a tarlike substance used in road paving that is made from petroleum. The surge in oil prices has pushed fuel prices up 20 percent in the past year and asphalt by a comparable amount, according to economists.

The cost of road construction rose 18 percent in the United States last year, according to the Federal Highway Administration. It shot up 45 percent in Florida.

The price of asphalt had remained flat for so long that transportation officials haven't had to worry about its cost, said Margaret Cervarich, spokeswoman for the National Asphalt Pavement Association. That all changed when the price of crude oil began to rise, she said.

"The price of everything goes up with the price of oil," Cervarich said. "Even the price of grapes at the grocery store. Construction materials are a lot heavier than a bunch of grapes."

The National Asphalt Pavement Association plans to work with state departments of transportation to find ways to cut costs because there are few alternatives to building roadways with asphalt, Cervarich said.

"Unless you're going to start building streets out of bricks again, which I don't think you're going to do," she said.

The association helps asphalt companies learn the latest technology and gain market insight.

One way to cut costs is to recycle the asphalt taken off the road before it's resurfaced. A roadway is generally made from 5 percent asphalt and 95 percent rocks and gravel. Cervarich also said that using larger rocks to cover the road surface would mean using less asphalt.

"There's a lot of confusion right now in the markets," Cervarich said. "Long term, we still need good roads, and adjustments are going to need to be made."

It's a pinch being felt by Hillsborough County transportation officials, as well.

A Bruce B. Downs project estimated last year at $173-million is up to $211-million. A future four-lane connector between Sheldon Road and Linebaugh Avenue has ballooned to $136-million from $20-million.

In south Hillsborough, officials had hoped to six-lane a 2.9-mile stretch of Big Bend Road for $27-million. The estimate now stands at $111-million.

Scorza said the rising price of materials for road construction likely will affect other planned DOT projects.

The construction along I-275 from the Howard Frankland Bridge to Himes is part of a project that will eventually stretch north to the Hillsborough River. Construction for the entire project was initially scheduled to begin in 2007 and end in 2013.

Times researcher John Martin contributed to this story. Kevin Graham can be reached at 813 226-3433 or kgraham@sptimes.com.

[Last modified June 28, 2006, 02:16:34]

Drilling bill roils Florida delegation

WASHINGTON - In a sometimes-raucous two-hour meeting Tuesday, Florida House members tussled over an offshore drilling bill slated for a floor vote this week. They agreed only to try to renegotiate a last-minute deal that would win more of their votes.

After the meeting, Rep. Adam Putnam, R-Bartow, asked the House leadership to delay the bill until after a weeklong July 4 recess. Whether the legislation, which would allow drilling 100 miles from all U.S. shores or closer if states allow it, will be pulled from Thursday's floor schedule should be clear today.

The picture that emerged from the unusual meeting, attended by 18 of Florida's 25 House members, was of a delegation keenly aware of its tenuous position and the raw political calculations that will define how, not if, drilling will occur off Florida. With many assuming the current bill could pass the House, the lawmakers weighed how their disunity would play in the Senate.

"We are past the point of getting what we want," said Rep. Jeff Miller, a Chumuckla Republican who supports the current deal. "We have to get what we can because Florida is going to get rolled."

Supporters of the bill tried to cajole opponents and a few undecided members, but no minds appeared to change. Partisan tensions flared occasionally and flashes of mayhem erupted as participants debated the pros and cons of the bill that Putnam helped negotiate with Rep. Richard Pombo of California, Republican chair of the House Resources Committee, and other drilling supporters.

The legislation unveiled last week is the latest in a long series of proposals to allow drilling in waters that have been off limits for 25 years. Florida lawmakers have long opposed drilling but they have lost ground, since Hurricane Katrina shut down production in the central and western Gulf of Mexico last summer, sending gasoline and natural gas prices soaring.

Points of greatest contention in the current bill are:

Gar, Bowfin May Live in Scott Lake

LAKELAND -- Efforts are under way to salvage the few remaining fish at Scott Lake.

Gar and bowfin have the best chance of surviving in the one remaining pocket of shallow water on the lake, provided daily thundershowers maintain or increase the water level.

Freddie Langford of Lakeland, a consulting lake management biologist who works with the homeowners in the Scott Lake Association, installed an aeration device in the three- to five-acre pocket of water on Saturday to infuse oxygen and possibly save the remaining fish after the lake was drained by a series of sinkholes along the southern shore June 13-22.

"They've got a chance if they've got an air pump," said Jeff Willitzer, a fishery biologist in the Lakeland office of the Florida Fish and Wildlife Conservation Commission. "It could be a possibility that some survive.

"But they've been put through quite a bit. What fish are in there are probably crowded, which also is pretty stressful," added Willitzer. "What does survive is going to be pretty limited."

Thursday, commission biologist Tom Champeau estimated that 100 percent of the fish in Scott Lake would probably perish because of heat and lack of oxygen after most of the lake bottom was exposed.

And while almost all of the fish have died -- 75 percent of them swallowed into the deepest sinkhole within a 24hour period last week -- Willitzer said gar and bowfin can survive even in extremely poor water quality. "Gar and bowfin, which are prehistoric species, have withstood the test of time, so to speak," said Willitzer. "They're an older fish in the timeline of everything."

Sport fish including small bass, bluegill and speckled perch are not likely to live, even if they found refuge in the small pool.

But as area anglers know, gar and bowfin, also known as mudfish, prevail in isolated pockets that are left when local lakes recede.

There could also be a few tilapia, bullhead catfish and mosquitofish in the pool, said Langford, a former commission biologist who now owns Langford Aquatics.

While rains have been welcome, Willitzer said, the mostly cloudy days earlier this week are starting to cause minor fish kills in a few other lakes around Central Florida. Those lakes aren't getting enough sunlight to fuel the process of photosynthesis and oxygen is being depleted.

"I've started seeing some fish-kill calls come in from around the region with the overcast conditions for a couple of days," said Willitzer. "Basically, the oxygen is dropping out of a couple of lakes."

Because Scott Lake is private, commission biologists are not actively involved, although Willitzer said they will provide technical assistance if requested.

But should the lake need to be restocked, it is not eligible for state stocking unless otherwise directed.

Meanwhile, conditions at the lake remained stable Tuesday.

"As far as I can tell, the lake's not going down any more. And if we get rain, it'll rise," Dave Curry, spokesman for lake residents, said Tuesday night. "It's held its own the last 24 hours.

"It looks good."

Del Milligan can be reached at del.milligan@theledger.com or at 863-802-7555. Ledger staff writer Diane Lacey Allen contributed to this report. She can be reached at diane.allen@theledger.com or 863-802-7514.

 

Demolition is halted at mobile home park

The buyer is told to stop demolishing a produce stand at Bay Pines. He has pulled a permit, but the bigger question swirling around the park continues. Leo Plenski wants to rein in development. It's a personal matter.

By ANNE LINDBERG, Times Staff Writer
Published June 28, 2006

SEMINOLE - Developer John Loder hit a temporary snag in his plans to raze the Bay Pines Mobile Home Park when the city ordered him to stop tearing down a vegetable stand on the property.

The stop-work order was issued in mid June when the city discovered that Loder did not have a demolition permit for the fruit and vegetable stand, said Bill Sanders, a Seminole building official.

The city also had received complaints that Loder had taken down a carport and utility shed attached to one of the mobile homes in the park, Sanders said.

It'sr unclear if that actually happened, Sanders said, because any work was completed before city officials arrived.

"It's kind of hard to tell after it's gone," Sanders said. "That (complaint) was questionable."

Loder's attorney, Stan Martin of Ruden McClosky in St. Petersburg, declined to comment on the case because of a lawsuit filed by the homeowners association to stop the redevelopment of the park.

The lawsuit, which targets Loder and the attorneys who represented the trust that sold the park, contends that the mobile home owners have the right to remain in the park until 2020.

For now, Sanders said, the situation has been worked out.

Loder halted work on the vegetable stand and applied for a demolition permit on June 19. As of Tuesday, work had not resumed. Loder is looking for a contractor to do the work, according to the application.

The stand was abandoned this month after Loder gave Kimberly Hill of PK Produce one day to get out. Hill, who had run the 20-year-old stand for about six months, managed to get a few days more before she moved all her produce to her stand in the Oakhurst area of Pinellas County.

Loder also will need to get a $50 demolition permit for each trailer he plans to raze on the property at 10005 Bay Pines Blvd., rather than moving them intact, Sanders said.

It is unclear how many of the trailers Loder might have to destroy. Owners have until late this year to decide whether to try to move them or to accept the state-mandated reimbursement for mobile homes that cannot be moved elsewhere ($1,375 for a single-wide, $2,750 for a double-wide).

If the mobile home owners have their way, Loder will not be able to develop the property at all, at least until 2020.

Leo Plenski doesn't think the city is doing enough to control developers. So he's running for mayor.

Plenski, head of the Bay Pines Homeowners Association, is tired of the city not doing enough to protect mobile home park residents. Plenski also helped start Floridians Against Injustice to Residents of Mobile/Manufactured Homes, or FAIR, an activist group that promotes the interests of mobile home owners across the state.

He had lobbied for the Seminole City Council to place a moratorium on development, but officials' refusal to do so helped push Plenski into running for office.

He hoped a moratorium would, at least temporarily, prevent developers from razing mobile home parks to build condos and townhomes.

"I'm definitely going to run for mayor and we're going to take on Jimmy Johnson and the bird flu man, Dan Hester," said Plenski, who is 68.

The reference to council member Hester concerns a question Hester raised a few weeks ago about the threat of bird flu striking Pinellas. Hester is up for re-election in March, as are Johnson and Patricia Hartstein.

Plenski told Hester after the council dismissed the possibility of a moratorium that mobile home activists would target him in the next election.

Johnson is frequently mentioned as a candidate for mayor in next March's race. The seat is being vacated this year by Dottie Reeder, who is running for state House District 51.

Johnson said Monday he had not decided whether to run but welcomed Plenski's interest.

"It's still in limbo," Johnson said. "I think it's wonderful that Leo's running. That's the American way."

Johnson said he will decide in the next two or three months. "We have plenty of time," he said.

There is a possible question of residency for Plenski.

If the association's lawsuit does not prevail, Plenski will have to move out of Bay Pines Mobile Home Park by the end of this year, three months before the election.

Plenski maintained that it would not be a problem. The courts, he said, will enable him and other residents to stay in Bay Pines. But if the courts do not side with him, he said he will move elsewhere in the city so he will remain eligible to serve as mayor.

The Florida Times-Union

June 28, 2006

Mayor does not use veto

By BETH KORMANIK
The Times-Union

Mayor John Peyton declined Tuesday to use his veto to block an upscale residential development on Jacksonville's Black Hammock Island, hoping instead that the developer can negotiate changes to the plans with opponents who have threatened a lawsuit.

But Peyton refused to sign the bill, letting it take effect without his signature. A veto would have been symbolic because the 19-member City Council had the 13 votes necessary to override it.

Peyton has opposed the development, siding with groups including the Nature Conservancy, Sierra Club and the St. Johns Riverkeeper that argue the project would harm the environment.

Adam Hollingsworth, the mayor's policy chief, said Peyton hopes that negotiations between opponents and developer Paul Fletcher result in a better proposal.

Any changes would be incorporated into the development's site plan, which needs city approval.

The planned 358-acre development surrounded by the Timucuan Preserve would add 143 single-family homes on lots of about 1 1/2 acres.

beth.kormanikjacksonville.com, (904) 359-4619

 

Intent to sell
Apartment complex site listed at $4.65 million


BELLEVIEW - In September 2005, Belleview city officials gave Dennis Ferguson permission to build a 166-unit apartment complex off Southeast 102nd Place. Nearly a year later, it appears Ferguson, a New York developer, has intentions of selling the site.

According to www.listing.loopnet.com, the 15.20-acre property is listed at $4.65 million. ERA Tom Grizzard Inc. is the real estate company. In late 2004, Senior Adult Management Services Inc. sold the land to Densan Partners LLC for $585,000. At one time, the property was one of the city's prospective sites for a new library.

Though Fran Dann, a realtor with ERA Tom Grizzard Inc., declined to provide any details about the property, she did confirm that it's for sale. Another Realtor involved in the possible transaction, Bill Keedy, could not be reached for comment.

The Web site describes the site as "multi-family ready for builder and marketing! 15 acres with most of the infrastructure complete." It continues with, "building permit applications, have been submitted to City of Belleview." It also states "all of the architectural and engineering design is completed and available for your review. Seller financing available."

Ferguson did not return several phone messages left on his cell phone seeking comment. It's not known why he's trying to sell the property.

Ken Ausley of Ausley Construction Inc., the manager for the site, said he "did a significant amount of work" for Ferguson. Ausley would not say how much money Ferguson has spent on infrastructure.

"We have an open contract with him, and I don't want to divulge his personal interest without jeopardizing my relationship with him or without him telling me to release that information," Ausley said.

Andrew Copeland, of Andrew Copeland Architect PA, said he hasn't heard from Ferguson. Copeland said his firm did the design for the project. Those plans, he said, already have a permitting contract and they were submitted to Belleview city officials for approval. If Ferguson does sell the property, he cannot "transfer our designs to the new owners without our consent," Copeland said.

"If someone wants to buy it and just do it without our designs, that's fine," Copeland said.

Copeland speculates that Ferguson may want to sell "to recover his investment." City officials also have not heard from Ferguson.

In an interview earlier this year, Ferguson sounded confident that something would happen this summer. At the time, he said the cost of building the apartments was $16 million. Presently, the area is fenced with no trespassing signs posted. Pipes protude from the ground and the property is surrounded by undergrowth.

_________
Austin L. Miller may be reached at austin.miller@starbanner.com or 867-4118.

 

County, Wal-Mart seek deal on permit Wal-Mart and Alachua County are trying to resolve concerns over a stormwater permit for a supercenter in the city of Alachua and want more time from water managers to work out a compromise and avert a lawsuit.

Alachua County commissioners voted Tuesday to ask the Suwannee River Water Management District to extend the deadline by which challenges to the permit must be filed.

County officials contend the stormwater system allowed in the permit can cause pollution of springs at Camp Kulaqua and the Santa Fe River.

"I believe the district has been somewhat reluctant to grant an extension but hopefully with the consent of all the of the parties they will be agreeable," said Assistant County Attorney David Schwartz. "We will proceed with the challenge if the extension is not given."

The district has issued a general stormwater permit to Wal-Mart to build at U.S. 441 and Interstate 75 without any special conditions. The deadline for contesting the permit is July 6 and the county wants it extended to July 14.

Commissioners voted last week to write the district outlining conditions it wants in the permit - and inform the district of the county's intent to sue if the permit is not reconsidered.

A primary issue is the retention system. Wal-Mart is proposing a "dry" system that quickly drains water, while the county believes it should be a "wet" system that allows better filtration of stormwater before it reaches the aquifer.

County environmental officials say dye-testing shows that water from the site moves quickly and directly to Hornsby Springs and the Santa Fe River. They believe the stormwater would be more polluted with the dry system.

Wal-Mart attorney Ron Carpenter said talks are under way between the county and Wal-Mart, and that the company favors an extension of the deadline to allow more time.

"I believe a majority of the issues were resolved, tweaked or taken off the table," Carpenter said. "We have a conference set for Friday with engineers. We're working on the issues and we hope to have resolution on all of the issues."

Several speakers urged the county to keep open the option of a lawsuit, saying documentation shows pollution concerns are valid.

One speaker said Wal-Mart's plans should not be jeopardized because the community needs the jobs it will provide.

The High Springs City Commission last week passed a resolution supporting the county's request, saying it wants an administrative hearing so all affected parties can comment on the effects of the proposed supercenter on the environment.

Officials in High Springs have written letters to the Suwannee River Water Management District expressing concerns about the supercenter's effect on the city's water supply and its namesake springs.

Cindy Swirko can be reached at 374-5024 or at swirkoc@ gvillesun.com.
  • Alachua County commissioners voted Tuesday to ask the Suwannee River Water Management District to extend the deadline by which challenges to the permit must be filed.

This area's way too quiet, builders say

Some major projects are on the radar in sleepy northwest Citrus County.

By CATHERINE E. SHOICHET, BARBARA BEHRENDT and ELENA LESLEY
Published June 26, 2006

CRYSTAL RIVER - Northwest Citrus County is quiet. It always has been.

Homes are few and far between. Ditto for businesses. Progress Energy's sprawling power complex sits on the coast, surrounded by vacant land and the Gulf of Mexico.

This part of the county is remote even to most Citrus residents.

It isn't where government planners expected, or encouraged, major growth.

But some of the North Suncoast's largest and most controversial projects - including a second Progress Energy nuclear plant, a large marina, extensive lime rock mining, a residential development and an extension of the Suncoast Parkway - may be on the way.

If approved, any one of them would have a major effect on the region's landscape, geographically and politically.

The combination "would obviously change the area significantly," said Gary Maidhof, Citrus' director of development services.

For developers, the pristine property and waterfront access are untapped gems that could attract businesses and home buyers priced out of Pinellas and Hillsborough counties.

For Progress Energy, the deep-seated local political support of the company's existing nuclear plant and the proximity to gulf waters make the area a contender in the search for a nuclear plant site.

But for environmentalists and some longtime residents, the region is one of the last footholds of Old Florida - and one of the least appropriate places to develop.

More than 2,000 years ago, the area's natural resources caught the eye of American Indians, who established a flourishing trade center in Crystal River.

In 1942, some untouched land attracted Pinellas County's Hollins family, which bought thousands of acres for cattle ranching and eventually timber and lime rock mining.

Florida Power built two coal-fired power plants west of U.S. 19 in the 1960s. A nuclear plant and two more coal-powered plants followed during the '70s and '80s.

Fueled by Northern retirees, Citrus County's population soared from 9,268 in 1960 to more than 132,600 in 2005. But the area known locally as Red Level - so named after dust from dolomite mines blew over the area and stained roads and trees red - remained largely untouched.

One exception was the Nature Coast Landings RV Resort, just north of Red Level and east of U.S. 19.

Its most famous resident is Gary Burghoff, who played Radar O'Reilly on the hit TV show M*A*S*H. He moved to the 239-unit park in 2004 "because things got too congested and hectic" elsewhere.

"This area will be the last to go, if it has to go," the 63-year-old actor said.

Some worry it's already starting to slip away.

* * *

In October, Progress Energy officials said the company was considering building a second nuclear plant at Crystal River. The decision will come this summer.

In February, Citrus Mining & Timber president Dixie Hollins unveiled his proposal to move the mining on Hollinswood Ranch to make way for a commercial port district, a large marina and at least 22 boat ramps on the Cross Florida Barge Canal.

Hollins said he planned a top-notch, environment-friendly development that would make his father and grandfather - who was Pinellas County's first school superintendent - proud.

The owners of Madeira Beach Seafood, one of the gulf's largest grouper distributors, are considering moving or expanding the fish house's operations there.

A few weeks after Hollins' announcement, developers presented plans for the Izaak Walton Lodge in Yankeetown, just over the river in Levy County. They want 190 resort hotel rooms, a bed-and-breakfast, marinas, a wastewater treatment facility and an environmental preserve.

"Development is coming. We're raising the bar. We want to be the leaders," developer Peter Spittler said.

In December, the Citrus County Commission settled a lawsuit with the estate of W.W. Caruth Jr. by allowing 50 waterfront homes with 25 boat docks on the Withlacoochee.

Less than 5 miles away from these proposed projects is the spot where the Suncoast Parkway will end if officials decide to build an approximately 26-mile extension through Citrus. The road now stops near the Hernando-Citrus border.

* * *

Making any of this happen would be much easier said than done.

Maidhof, the development services director, is quick to note that the county's comprehensive plan directs growth toward the center of Citrus, not its outer reaches.

That's because the west coast is environmentally sensitive and prone to flooding in low-lying areas. Even relatively weak Tropical Storm Alberto put parts of Citrus under water. Water and sewer infrastructure hasn't made its way to northwest Citrus yet.

The comprehensive plan also prohibits residential development within 5 miles of Progress Energy's existing nuclear plant, though at least one local land use lawyer has questioned the logic behind that regulation.

And the nuclear plant is not the only thing developers have to worry about: If the Inglis Lock, located east of U.S. 19 between the barge canal and Lake Rousseau, breaks during a storm, much of the surrounding area will flood, according to sheriff's Capt. Joe Eckstein, the county's emergency management director.

Eckstein says growth in northwest Citrus is a "major concern" from his perspective. The area has only one hurricane evacuation route, U.S. 19, which could be covered by flooding during a severe storm.

"There's a reason why the studies show these to be coastal high-hazard areas," he said.

Moreover, any large change to the comprehensive plan in Citrus requires an extensive public hearing process. The same is true in Yankeetown, with the Town Council having the final say.

* * *

Though the projects are almost all in their early stages, citizen groups are already starting to speak out.

Yankeetown residents have protested the development plans, and sparked political chaos in the process.

A group vocally opposed to a Suncoast Parkway extension has been meeting for years. Two Citrus landowners stopped the Turnpike Authority in its tracks for more than a year with a lawsuit concerning open meetings.

"You're starting to see more organization," Maidhof said. "This has got neighbors talking to each other."

Many of them are gearing up for a war. Leading the charge on at least one front is Charles Miko.

The retired physics teacher lives just north of Citrus Mining & Timber's property. Hollins' latest proposal excited many local business leaders but riled nearby residents like Miko who say the project would place disruptive and destructive mining closer to their homes.

Miko, 80, said he never expected the area where he lives to remain untouched by development. Growth, he said, is going to come.

"The question is not whether or not it's going to happen, but how do you do it," he said.

"I worry about what compromises will be made."

Helen Spivey, co-chairwoman of the Save the Manatee Club, said compromise is not an option.

Spivey has repeatedly spoken out against the Hollinswood project, telling officials that increased boat traffic on the barge canal would endanger manatees. She also has concerns about a second nuclear plant, particularly the prospect of more spent fuel rods being stored on site.

"We just need to start saving what we have left," she said.

"It's Mother Nature's savings account, and we're spending her down to nothing."

After being driven out of North Wildwood, N.J., by development, Dave Gatelein moved to Yankeetown 10 years ago in search of "a more quiet place."

At the time, locals still outnumbered retirees, and most people earned their living on the local fishing economy. But things started to change. More and more couples bought vacation homes in the area, and it started to become more "civilized," he said.

And now, the blow the 57-year-old never expected: a proposed 190-unit resort hotel.

"I knew development would come someday," he said, "but I thought I would be dead by then."

* * *

But even as opposition mounts, growth is coming.

The Nature Coast Landings RV park, where Burghoff lives, is nearly sold out. Building is starting to heat up in areas that have been dormant for years, like the Crystal Manor subdivision just east of U.S. 19. Ritzy redeveloped homes where Cracker houses once stood are an increasingly common site on the shores of the winding Withlacoochee.

In 2008 the Florida Transportation Department plans to start building another bridge over the Cross Florida Barge Canal and rebuilding the existing bridge to allow for four lanes of traffic instead of two.

But the biggest change may come in the next few months, when Progress Energy officials say they'll announce their pick for a possible nuclear plant site.

If they choose Crystal River, local public hearings won't be necessary, since their property is already zoned appropriately.

Citrus officials are excited about the prospect of more jobs and more property tax dollars from the county's largest private employer. They have passed a series of resolutions to show the utility that expansion is welcome.

"It would have a tremendous impact in every shape, manner and form," County Commissioner Dennis Damato said.

Thousands of construction workers would come to one of the county's sleepiest corners, Damato, 53, said, and the plant would also create long-term, high-paying jobs.

"I lived here when they built the other one. It was wild," he said. "There was dancing and there were bands and there was partying. It was a whole different time when they did that."

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 352 860-7309.

Take park buyout or fight? Either choice is a loss

As a mobile home park closes, residents split over what to do. Either way, they're told, the park will close.

By ANNE LINDBERG, Times Staff Writer
Published June 26, 2006

SEMINOLE - Frank Laczo settles against the freshly fluffed pillows in the bed where he lies dying.

Over the soft hiss of the oxygen that feeds him through a plastic tube, Laczo says he has one question about the plight of mobile home owners who must find new homes after they are displaced for new development.

"Where are the churches?" Laczo asks. The churches should be there helping the elderly and poor who need it so badly, he says. But they have been silent.

Laczo's wife, Pat, doesn't have an answer. That's not surprising. There have been few answers about an issue that pits the rights of landowners against the rights of those who own the homes attached to that real estate as mobile home parks across Florida make way for condominiums, townhomes and other development.

It's a dispute that has hit the Laczos and other residents of the Harbor Lights Mobile Home Park hard. They've known for a year that the park was on the block. But a deal fell through and they were given a respite while the property owners and buyer went to court.

That suit has not been settled, but a new buyer has surfaced. Add to that the fact that the original buyer still wants the property. Then last Monday, residents were notified that the park is closing. Period. Full stop. Closing.

They have yet to receive their six-month eviction notices as required by law. They also were offered a buyout. But the offer has split residents between those who want to fight to stay and those who want to take the offer, cut their losses and get out, said Mike Rizzo, head of the homeowners association.

It's the vote of the association's board that will decide whether the deal is accepted. That vote should come sometime around July 5.

Pat Laczo, who serves on the association board, said she wants to fight. If she fights, Mrs. Laczo knows she'll do it alone. Her husband, 88, has congestive heart and kidney failure. Hospice workers visit her home. She does not expect him to live long enough to have to move.

"I'm stubborn. I want to stay," she said. "I would like to fight it to the end."

Mrs. Laczo also is aware of the difficulties many of her neighbors will face by having to move.

Tess and Joe Ladone, both 83, come to mind.

Mrs. Ladone is blind from macular degeneration. She also suffers from many other illnesses. But it's the blindness that will cause the most difficulty. She's able to cope at Harbor Lights because she knows the layout well after having lived there for 32 years.

Then there's finding a place. The Ladones live on a combined income of $1,100 a month from Social Security. Mr. Ladone has begun looking for a new place, preferably in a park where the residents own the land. One place, he said, wanted $93,000 for a trailer and lot.

"We can't get mortgages at this age," Mr. Ladone said.

Under the terms offered by the Travis family of the East Madeira Corp., which owns Harbor Lights, the residents would get $3-million to be divided according to the length of time people have been in the park.

The Laczos, who have been there 18 years, and the Ladones would get about $15,000 each if they took the deal. Those who have been there the least amount of time will get $3,000 no matter what they paid for their homes.

If they don't take the deal, they'll get only the state-mandated $1,375 for a single-wide and $2,750 for a double-wide. If they take it to court, they get nothing, according to a June 16 letter from East Madeira to the homeowners.

And, in the end, the owners will lose their homes no matter what, because, as the letter says, "The park will be closed."

The letter gives the Harbor Lights Homeowners Association three choices:

"A. Do nothing. Result - our offer will be withdrawn.

"B. Reject the offer. Result - the law requires that we pay $1,375 for a single and $2,750 for a double.

"C. Accept the offer. Result - each resident has a choice. They can settle and get a share of the $3-million. They can refuse to settle and do as they wish. Each resident decides what is best for them."

"Our offer is simple," the letter says. "It allows those who want to settle to do so. Those who do not want to settle can do what they think is best for them."

The association has until July 10 to decide.

The association has sent letters to all residents in a kind of straw poll to see what they would like to do.

Rizzo said last week it appears the majority want the board to accept the offer.

Those who want to take the deal, Rizzo said, tend to be the longer-term residents. Those who have not been there as long are more prone to want to fight because they stand to lose the most.

Some of those, he said, have paid as much as $95,000 for a trailer in the past year or two. Those people will get only $3,000 back.

It's a difficult decision, Mrs. Laczo said, because someone will be hurt no matter what happens.

"I don't feel like it's the board's place to tell everybody their mobile's going to go," she said.

"It a very hard thing to make a decision like that. I don't know if I'd want someone making that decision for me."

[Last modified June 26, 2006, 07:31:20]

Distrust and discord in Yankeetown

The Town Council is in shambles. Members quit, rescind the decision, then quit again. The governor may be asked to intervene.

By ELENA LESLEY
Published June 26, 2006

YANKEETOWN - The embattled town's political drama was kicked up a notch Friday in the wake of yet another meeting canceled because not enough council members could be assembled.

By the time the rowdy evening was over, two elected officials gave their verbal resignations; a yet-to-be-hired town clerk announced that she didn't want the job; and officials told residents that they wanted the governor to intervene to help quell rising tension in the town.

Rancor starting building during the premeeting workshop. Roger Myrick, who had already submitted and rescinded his resignation to the Town Council, rescinded it once again so there would be a quorum.

He said he didn't think it was appropriate to quit because council member Mary Pate would be absent much of the time while she attended to health problems in her family.

That angered some residents, who said Myrick couldn't rescind his resignation because it was marked "effective immediately."

Lawyers had advised Myrick that his resignation wasn't valid until accepted by the Town Council. Still, after hearing from residents, he said he didn't feel comfortable rescinding it once again.

"There seemed to be a real discussion of whether or not I could do this," Myrick said.

So he resigned - again.

That left the council without a quorum. But it didn't end discussion.

Town Attorney Kenneth Warnstadt and Mayor Joanne Johannesson told residents that they would notify the state that the town couldn't conduct business.

"The government is at a standstill," Warnstadt said. "The only resort is to write the governor that the town is at a stalemate."

At that suggestion, residents cried out. The council does have a quorum, they said, if all three members would just show up at the same time.

"Can we please try to get along?" Johannesson said, pleading.

"Get along with the law," some residents shouted back.

Town business isn't getting done, Johannesson said: "We have stacks of bills that need to be paid."

Insinuating that the council couldn't get a quorum because members disagreed on a resort hotel project facing the town, some residents suggested that the mayor schedule a meeting that would address only the mundane business of government.

"Either we're going to have a meeting or we're not going to have a meeting," Johannesson said. "There are issues such as the contract that needs to be signed."

She agreed to try to schedule another meeting, but if that doesn't work, she said, the town may have to contact the governor's office for help.

"This is getting so ridiculous, it's pitiful," council member Dan Bowman said, as tempers in the crowd rose. "If you're going to continue acting like children fighting over toys in the playground, then you don't need a town, Folks, do we want a town or don't we want a town? If you want the governor to make that decision, say so now."

"Yes," cried some.

"No," shouted others.

Then Dorothy Duran, who worked in the Town Hall during the last week and was expected to be hired as the clerk Friday, had her say.

"This week, I volunteered to keep business going, so you all could yell at me while I paid your bills and smiled at you," she said from the front of the room, where she sat with the council, ready to take notes. "Monday, I'm going to go get me a job!"

And then Bowman made his big announcement.

"Folks, I'll tell you what, I'll make it easy for you."

He stood up, confronting the angry townspeople.

"You can have my resignation as of right now. If this town doesn't want to survive, then so be it."

The audience started to disintegrate. Residents swarmed around Bowman, begging him to reconsider so the council could have a quorum. Johannesson, Warnstadt and several residents huddled, trying to decide what to do next.

With her eyes bleary, the mayor said: "The attempted mob rule has left us in this situation."

Four Corners plays catch-up

Lack of planning leaves few public services

Amy L. Edwards
Sentinel Staff Writer

June 26, 2006

FOUR CORNERS -- Take a drive through Four Corners and you'll notice something: There are a lot of subdivisions. More than 80, actually.

But there are some things you won't see mixed in with the rows of rooftops: Schools. Parks. A sheriff's station. Decent roads.

For years, officials in the region where Lake, Orange, Osceola and Polk counties meet have approved developments with little to no thought of cooperating with one another and few plans to provide the booming population with public services.

Today's result -- thousands of residents frustrated by fragmented government, traffic and crowded schools -- epitomizes what continues to occur throughout Florida with a lack of regional planning.

A recently released study by the Urban Land Institute in Washington, D.C., said regional cooperation in Florida is "neither widespread nor widely encouraged." And Central Florida -- with 183 government agencies in a seven-county area, ranging from county and city commissions and school boards to water-management, conservation and special taxing districts -- could be Exhibit A.

Counties are at war over water rights; cities and counties quarrel over annexation of land; so-called planned communities in one jurisdiction butt up against sprawling subdivisions in another; and developer-paid roads in one community dump traffic onto too-narrow highways in another.

As Florida grows -- almost 5 million new residents are expected by 2020 -- that will have to change, the study found. It's a lesson that leaders in the informally named "Four Corners" area southwest of Orlando say they have learned from unpleasant experience.

"We didn't do the best job with water, sewer and roads. When there's that concentration of people . . . they expect more," Polk Commissioner Paul Senft said. "I can only apologize for the deficiencies in the past, but we've been doing everything we can do to fix it and catch up."

'Just ignored'

Randy Lyon, chairman of myregion.org, an organization created six years ago to focus on Central Florida's growth issues, agreed.

"If you look at the past, I think Four Corners was just ignored," he said.

There are no regional parks in Four Corners. There is only one north-south thoroughfare -- U.S. Highway 27 -- because none of the counties has built its own.

There are two charter schools, but no centrally located traditional public schools to serve the thousands of residents now living there.

Water is in such short supply in northeast Polk that residents may water their lawns just one day a week, and there are some development restrictions.

These issues frustrate Four Corners residents such as David and Karen Gould, who continue to watch rooftops replace citrus groves while public services remain strained.

"Here it is, summer -- we have no parks," said David Gould, a father of two boys living in Polk County.

Residents in Lake County voice the same concerns.

Sharon Schifano said if her 9-year-old son didn't attend the nearby charter school, his commute to Lake County's closest school would be about 30 minutes. And there are no recreational facilities.

"There's nothing for them to do out here," Schifano said.

Cooperation encouraged

The Urban Land Institute's study suggests a network of leaders be developed to encourage cooperation among jurisdictions in Florida.

But there are few mechanisms that encourage such regional communication and cooperation among the state's government, business and civic leaders. A lack of trust plagues governments, many bent on protecting their own interests, as well as the private sector and citizens groups, the study found.

Getting officials together is difficult, and turnover of key leaders makes things even harder for any real long-range planning, Four Corners officials said.

But a few regional projects have proved successful in Four Corners. Some say they could even be a beacon to others.

For instance, county fire/EMS departments in that area respond to calls based on who can get there fastest, regardless of county lines. Polk and Osceola share a station near Poinciana.

The area's only library is in Lake, but residents of all four counties can use it.

And several proposed road projects involving both Osceola and Polk are in the works.

Lyon, of myregion.org, said Four Corners leaders began to take steps toward cooperation three years ago.

"You started to see Polk County commissioners, as well as planners and staff, attend commission hearings in, for example, Osceola County or Lake," Lyon said.

"That sends a clear message: . . . Elected officials want this to happen," Lyon said.

At least one official said that's the intent.

Said Osceola County Commissioner Atlee Mercer: "I think all the counties now understand that either we all hang together or surely we will all hang separately."

Amy L. Edwards can be reached at 863-422-3395 or aledwards@orlandosentinel.com.

Work on state road threatens wildlife

BY NATHAN CRABBE

SUN STAFF WRITER


The area is a corridor used by black bears.

A plan to continue the expansion of State Road 20 is raising questions about whether wildlife will be able to safely cross the road.

The proposal, which is in the early planning stages, would expand the road from two to four lanes between Hawthorne and Interlachen. Some wildlife advocates say the expanded road would threaten a wildlife corridor used by the Florida black bear.

"It's going to be a danger for the bears and the people driving," said Kathy Cantwell, public lands chair for the Florida Sierra Club.

Florida Department of Transportation officials say they're studying ways to allow bears and other wildlife to safely pass. Culverts would likely be built under the roadway, said Pete South, the department's environmental administrator for the region.

He rejected Cantwell's suggestion the road be raised as impractical.

"A bridge would be the ultimate type of wildlife underpass," he said. "But we're in a position where we have to balance cost and needs."

The project isn't on the department's funding plan for the next five years, he said, which means it would likely be built after that time. The expansion of SR 20 between Gainesville and Hawthorne was completed earlier this year, so the project to Interlachen would help create a four-lane roadway all the way to Palatka.

The area includes a corridor for Florida black bears that travel between the Ocala and Osceola national forests to find food and mates, said Walter McCown, a biologist with the Florida fish and wildlife commission.

Traffic has been a major threat to those bears, he said. Between 1995 and 2004, there were five bears killed on SR 20 east of Hawthorne into Putnam County and 28 killed by vehicles in the rest of that county, according to department statistics.

He described wildlife corridors as being similar to rivers but with wildlife flowing through them. A high-speed, high-volume highway acts like a dam to that river, he said, isolating populations and posing a challenge to the continued survival of the already threatened species.

The transportation department has tried to accommodate wildlife corridors by putting passages under roads, including at Paynes Prairie Preserve State Park. Wildlife moving from the park across U.S. 441 were being killed in large numbers, including as many as 10,000 southern leopard frogs in one night, said Jim Weimer, park biologist.

"Two-lane roads are bad, four-lane divided highways are simply killing machines," he said.

Weimer said culverts placed under U.S. 441 have been a huge success in protecting wildlife. A wall along the prairie leads animals to the openings, where they can pass to the other side.

The transportation department is planning larger culverts under an expanded SR 20, Southall said. But he said the lack of public land in the area prevents the department from building fences, which would help lead bears to the passages.

Land conservation groups in Alachua and Putnam counties have been trying some of that land. But Cantwell said the Alachua County Forever program is running out of money, while the Putnam Land Conservancy has only recently formed and is still getting into gear.

The area is significant for reasons beyond wildlife. Fowler's Prairie is a rare bog near the road where the endangered hooded pitcher plant grows, said Kathy Fanning, natural resources program manager for the Alachua County environmental protection department.

"The area is significant because it has a lot of plants that have adapted to a unique way of life," she said.

She said the plants have grown accustomed to direct sunlight, high water levels and a lack of nutrients. She said the department has expressed concerns about how the road would affect the water and nutrient levels of the bog.

Southall said the expansion would be done north of the existing roadway to protect the bog, which is to the south. But Cantwell said unless the road is raised, the hydrology of the bog will be adversely affected.

While bears may the focus of her concerns, she said harm to the species is merely an indicator of bigger problems.

"It's the whole ecosystem that's reflected in that," she said.

Nathan Crabbe can be reached at 352-338-3176 or crabben@gvillesun.com
Continued from 1BCulverts may be built under road

Mixed-use plan for downtown

A construction group proposes shops and upstairs living for Crystal River. While it has appeal in some corners, the project would require modifying the land development code.

By ELENA LESLEY
Published June 26, 2006

CRYSTAL RIVER - The city could get its first mixed-use development downtown if officials can make provisions for such a project in the land development code.

A local construction group made an informal presentation to the Community Redevelopment Agency in late May, showing preliminary sketches of a development that would have shops downstairs and apartments upstairs and be built at the corner of U.S. 19 and Citrus Avenue.

"This would fit with making a true downtown, a walkable downtown," said Kurt Woerner, director of planning and community development.

But the city has never had a similar project before, and there are no rules to guide its progression - at least not yet.

"I'm researching," Woerner said. "We'd first need to create a vehicle in the land development code for mixed use."

Chris Ensing of Southern Exposure, who made the presentation, said he didn't want to give too many details because the project is in its early stages. But he said he felt a mixed-use development would "broaden downtown, make more activity."

"Crystal River kind of rolls up the sidewalk when it gets dark," he said.

Though Woerner said he thought residents could benefit from a greater range of shops and the city could use the tax money, there are some concerns associated with a mixed-use development.

There may be problems with noise and the increased density.

"The designs they showed us were innovative and exactly the type of thing we'd like to see happen," said Roger Goettelmann a consultant for the CRA. "If done correctly, mixed-use could be very desirable."

Contractor begins removal of river barriers

By TONY MARRERO
lmarrero@hernandotoday.com

WEEKI WACHEE — The county considers them a hazard, but others wonder if removing them is a mistake.

Either way, the wooden structures that have protruded from the surface of the Weekiwachee River for more than 30 years will soon be gone.

A contractor working for the Southwest Water Management District, or Swiftmud, began work this week to remove 22 groins from along the southern bank of the river between the springs and Rogers Park.

Larry Chapman, project manager for Hendry Construction of Tampa, said the project should take about two to three weeks.

Crews will work from 7 a.m. to 7 p.m. Monday through Friday, Chapman said.

Constructed in the 1970s, groins were meant to repair damage caused from illegal dredging by directing water toward the river’s channel.

Many are now falling apart. The Hernando County Port Authority, an advisory board to the county commission, asked Swiftmud to remove all but two of the structures, stating they pose a hazard to boats and other river users.

Residents who showed up to meetings of the Hernando County Weekiwachee River and Springs Task Force last year, however, said they worried that removing them would allow the river to widen, slowing its flow and causing parts of the river to become too shallow to navigate. They also worried that sand would pile up near their docks.

Swiftmud engineers have said that removing the groins would have little or no impact on the flow of the river.

Task force members weren’t convinced, though, and recommended that Swiftmud do a study to make sure the structures shouldn’t be repaired rather than removed, but the district’s engineers said that was unnecessary.

Former county commissioner Paul Sullivan chaired the task force.

“It’s going to be very interesting to see if the removal of those weirs impacts that direction of the river,” Sullivan said Friday.

Chuck Morton, member of the port authority, compared the groins to a pool without fence around it.

“If someone gets hurt on one of them, a lawyer could have a ball,” he said.

Hendry also is working on an unrelated project, this one for the county, to dredge Big Cypress Canal, one of the largest canals off the Weekiwachee River.

A sandbar at the entrance of the manmade waterway had grown so much that it did not allow any water into the canal at certain stages of the tide, making navigation from some craft difficult, Chapman said.

“It was totally silted in,” he said.

Workers will remove 770 cubic yards of silt, roughly 18 dump trucks full, Chapman said, to restore the canal to a depth of roughly three feet at low tide.

Crews will keep the same work schedule as the groin project and are expected to complete the dredging about a week after they resume work on Monday, Chapman said.

Reporter Tony Marrero can be contacted at 352-544-5286. 

Endangered or not, what changes?

Since the red-cockaded woodpecker was reclassified, it isn't worse off. But that doesn't mean its outlook is good.

By CRAIG PITTMAN, Times Staff Writer
Published June 26, 2006

Two weeks ago, when critics questioned the wisdom of dropping manatees off Florida's list of endangered species, state officials reminded everyone of what happened with the red-cockaded woodpecker.

Four years ago, state wildlife commissioners said the woodpecker should be dropped down a peg on the list of protected species - and so far, nothing bad has happened, they pointed out. So to believe that by reclassifying manatees from "endangered" to "threatened," would lead to their extinction would be "an erroneous assumption," said Ken Haddad, the agency's executive director.

In fact, the manatees' protection might even improve, state wildlife officials contended, because the next step calls for writing a plan for managing the species.

Yet if what happened to the red-cockaded woodpecker is a guide, not much will change for manatees, or for the boaters who have spent the past five years chafing under regulations designed to protect manatees.

Ornithologists say the management plan the Florida Fish and Wildlife Conservation Commission came up with for helping red-cockaded woodpeckers did not require the state to do much that was different from what it already had been doing.

"It really hasn't changed," said Jim Cox, an ornithologist with the Tall Timbers Research Station near Tallahassee.

State wildlife officials do not track how much money they spend on the woodpecker or how many people are working on the species, said Robin Boughton, the commission's red-cockaded woodpecker coordinator for the past three years. So there is no way to tell whether the state is spending more or less or devoting more or fewer people to the job. But the likelihood is that little changed.

"We were already at 100 percent," Boughton said.

The plan listed seven "priority actions" that the state should pursue, such as creating a database showing where all the woodpeckers remain. So far, the state has completed five of them, she said.

In recent years, Haddad pointed out, the woodpecker population has increased in Florida. But experts say the increase was brought about by expensive artificial measures and not natural means.

If biologists stopped helping the woodpeckers spread out, "they would revert right back to going downhill again," Florida Gulf Coast University professor Jerry Jackson said.

The red-cockaded woodpecker, just 7 inches long, has not sparked nearly as much controversy as the 1,000-pound manatee, which has been the subject of debate in the halls of Washington as well as in Florida.

But just as boater groups opposed to increased regulations to protect manatees questioned whether they really deserved protection, so timber and development interests contended four years ago that the woodpecker was on the rebound and thus did not deserve its place on the state's protected species list.

And as with the manatee, amid a storm of controversy the state wildlife agency voted to take the woodpecker down a peg from "threatened" to calling it a "species of special concern."

Yet despite Florida's change of its status, federal officials still consider the red-cockaded woodpecker to be endangered.

* * *

A century ago, red-cockaded woodpeckers roamed as far north as New Jersey, but they were particularly populous in the South. But their choice of homes has made them extremely scarce.

They spend years excavating cavities in mature pine trees, particularly long-leaf pines, which once covered as much as 90-million acres across the South. Because their old cavities become homes for others, including bees and screech owls, they are regarded as a keystone species for forest health.

Logging and development have wiped out most of the South's long-leaf forests and put a stop to the regular burning necessary to maintaining most healthy pines. Now the red-cockaded woodpecker has disappeared from six of the states where it was once common. In the rest of its range its numbers have plummeted. The bird has lost an estimated 97 percent of its population over the past 100 years.

In 1968, at the urging of a Texas ornithologist, federal wildlife officials put the red-cockaded woodpecker on one of their earliest lists of endangered species, according to papers found by Jackson of FGCU.

When federal officials asked state officials throughout the South their opinion, most agreed. Virginia, for instance, said that rather than calling the woodpecker "endangered," a better term would be "doomed."

Only Florida officials openly opposed the move, arguing that the so-called experts didn't know what they were talking about.

"I do know that quite a few old-time ornithologists ... are saying that the species is diminishing," a Florida game official wrote. "It could be that their eyesight is failing, or something."

When federal officials nevertheless included the woodpecker on their list of endangered species, all the Southern states followed suit - except Florida, which in 1974 listed it as "threatened." A year later, Florida upgraded the woodpecker's protection to "endangered," but then in 1979 dropped it back down to "threatened," and that's where it stayed for 20 years - until the state changed the way it lists species as endangered.

The vote to no longer call red-cockaded woodpeckers "threatened" went against the recommendation of the state Department of Forestry, the Treasure Coast Regional Planning Council and the South Florida Water Management District, which all said the change wrongly suggested the bird no longer needed as much protection.

Federal wildlife experts also said reclassifying the woodpecker may "reduce the management attention that is given to the species, particularly on private and state-owned lands in Florida."

Even Haddad, the agency's executive director, warned his bosses that the vote would be seen as a sign "that we're not taking this species as seriously as we should." But they did it anyway.

"My conclusion is that the only way the red-cockaded woodpecker will ever be designated endangered, or indeed threatened, in Florida is if it goes extinct," Virginia Polytechnic Institute professor Jeffrey Walters, who has spent 20 years studying the woodpecker, wrote at the time.

* * *

When the state changed its system for classifying species, state officials did not want to use the same definitions that the federal system follows because they thought those definitions were too vague.

Instead, they adapted a set of criteria from an international agency, the World Conservation Union. But rather than keep the same terms, they changed them to match what was in state law, a move that still sparks debate.

The state's new criteria say a species that's "endangered" is one that has lost 80 percent of its population during the past 10 years - even though the World Conservation Union would call that "critically endangered."

To qualify as "threatened" under the state's new system, a species must have lost at least 50 percent of its population during the past 10 years, even though to the World Conservation Union, that still would count as "endangered."

The red-cockaded woodpecker did not qualify for anything but the lowest rung on the state's ladder because its remaining estimated population of 12,500 had not dropped by 80 or even 50 percent in the past decade. And while its future did not look rosy - state wildlife experts said the population could decline another 23 percent by 2020 - that wasn't bad enough to merit a higher listing, either.

A coalition of environmental and animal welfare groups petitioned the state recently to overturn the new system, but wildlife commissioners went ahead with the manatee vote anyway. During the same meeting they also upgraded gopher tortoises, which have been hurt by both disease and development, from a "species of special concern" to "threatened."

In a report on the gopher tortoise's status, state wildlife biologists said a major factor in the animal's poor prospects was the fact that Florida's human population, now at 16-million, is projected to grow to 25-million in the next 30 years, converting another 3-million acres of natural land to urban uses. That could spell bad news for other species such as the red-cockaded woodpeckers.

"I'm rather pessimistic about the future for many of these endangered species," Jackson said, "because of our increasing inability to save habitat."

Board To Ask County To Delay Impact Fee Vote

By JOE SEELIG
jseelig@highlandstoday.com


SEBRING — Reacting to a request from a concerned citizen, Will Randall, the Sun ’n Lake of Sebring Improvement District Board of Supervisors will ask the Highlands County Board of County Commissions to delay its vote on impact fees.

The district board voted 4-0 to draft a resolution asking the county to wait three or four months so it has time to study the impact of the impact fees on the district’s interests.

The district board of supervisors held a four-hour-long meeting Friday morning, stretching into the afternoon at the Sun ’n Lake Community Center.

Nearing the end of the meeting, Randall addressed the board.

“I’m not here to say the impact fees are good or bad,” Randall said. “I simply want to slow the process down.”

He held up a book of figures arrived at by Tindale-Oliver, an Orlando-based consulting firm hired by the county to determine how best to implement impact fees in the county.

Using the impact fee figures supplied by Tindale, Randall read from a paper what the impact fees would be on existing structure if built under the plan.

For example, to build another Lakeshore Mall, the impact fees paid to the county would be in excess of $5 million, Home Depot would come close to $2 million. Building another Wendy’s in Sebring would cost an extra $300,000 and an 18-hole golf course would bring the county more than $600,000.

Another Tanglewood community (non-55 and over) would cost the developer $11.6 million.

The 38-bed addition to Florida Hospital would have cost the hospital $500,000-plus, not to mention its $300,000-plus per bed investment, said Supervisor John Negley.

Negley spoke of the challenges to get doctors to move their practices to Highlands County and how adding hundreds of thousands of dollars to their building costs would make those moves prohibitive.

He addressed the fact that they have been able to attract nurses due to the low cost of housing. That, too, would change.

Ultimately, the fees could add $11,000 to $17,000 to the cost of a single-family home.

It was also pointed out that banks were not going to finance these fees because they essentially add no value to the property. Developers and property owners will have to finance them out of their own pockets before the costs are passed on to the ultimate consumers.

Randall said more than half of the counties in the state do not use the fees. He suggested looking at what those counties without fees were doing.

“All these fees need to be reviewed, but they’re too daggum high to begin with,” yelled a man, who, throughout the meeting addressed board from his seat, not from the podium, and did not identify himself.

Four resolutions will be covered during a special meeting and workshop starting at 7:30 a.m. Monday, back at the center.

The board will consider:

 

Then at 8 a.m., it will hold a workshop on setting district goals for next year.

Hometown Democracy means war is brewing

By HOWARD TROXLER, Times Columnist
Published June 25, 2006

If you could line up all the Florida residents who ever fought a Wal-Mart or a new development on one side, and every city council or county commission member who ever approved one on the other side, you would have one heck of a war.

Well, that war looks like it's coming.

This past Thursday, the Florida Supreme Court approved a voter petition that goes by the nickname of "Hometown Democracy."

Hometown Democracy is the ultimate citizen revolt. It would take power away from Florida's city and county elected officials, and give that power directly to local voters.

How? By requiring voter approval for every change to a city or county's "comprehensive plan," which determines what kinds of things get built where.

Each city and county in Florida has one of these maps, usually called a "comp plan." They are the backbone of each community's decisions about future land use.

Where should the industry go in our town? Where should the stores go? Where should the homes, the parks, the green spaces go?

Imagine such decisions placed directly in the hands of voters, instead of city councils and county commissions!

(Just to be clear: The amendment would not require voter approval for rezonings or building permits. But any zoning decision still has to obey the comprehensive plan.)

Assuming that Hometown Democracy gets enough petition signatures, it will go on the statewide ballot, most likely in 2008.

This proposed amendment to the state Constitution is the result of a tide of resentment against local government that has been building across our state.

We have seen it in fights over big box stores and shopping centers. We see it today in Yankeetown in Levy County, where development issues have divided the people and led to a state investigation.

We see it in our own back yard in Treasure Island and St. Pete Beach, where voters have risen up to try to take decisionmaking away from City Hall. St. Petersburg right now is deciding whether to amend its comp plan at the request of the Sembler Corp.

Now we are likely to see the fight played out across the entire state. This kind of amendment, more than pregnant pigs or choo-choo trains, is why the Legislature and Florida's business community have fought for the past few years to crack down on voter petitions.

But the Supreme Court's ruling was unanimous, a slam-dunk. The court said that:

1) Hometown Democracy does not violate the rule that all proposed amendments must stick to a "single subject."

2) The ballot language of Hometown Democracy is clear and not misleading.

The second part of the ruling was especially important, because the court had thrown an earlier version of Hometown Democracy off the ballot in 2005 on those grounds.

The amendment was opposed by the Florida League of Cities, the Florida Association of Counties and the Florida School Boards Association.

The court's ruling not only shot down the cities, counties and school boards, but it also contained encouraging language for future voter petitions.

The court said that once a problem in the language of a petition has been fixed, opponents can't just keep raising new arguments and new challenges.

"Allowing piecemeal attacks on a proposed amendment," the court said, "would not only be fundamentally unfair to the proponent of an amendment, it would be a misuse of the process for approval of citizen initiatives."

What happens now? First, Hometown Democracy's organizers have to get enough signatures. Only 69,000 signatures have been officially verified and they need 611,000. But the backers say they already have more signatures in hand, and experience shows - as the critics of petitions themselves admit - that it is highly likely they can succeed.

Barring some other successful challenge to the amendment, that will leave Florida's cities and counties with one last option:

Prove to the voters that Hometown Democracy is a bad idea.

That will be a fun debate. Local officials will have to defend their track record and make the case as to why they, and not the voters, are better suited to decide what gets built where.

And if Hometown Democracy passes? Then those who want to build things in places in Florida where they weren't originally intended will have to convince the entire community it's a good idea. What a concept!

In town's turmoil, opinions run deep

By ANDREW SKERRITT
Published June 25, 2006

After I drove 90 miles north to Yankeetown last week, I stopped to ask for directions to Town Hall. Folks suggested I turn around. Town Hall was the last place I wanted to go, they said. On my way there, though, I couldn't miss the "Save Yankeetown" signs on the front lawns and utility poles.

As I walked into Town Hall on Wednesday afternoon, one of the few remaining municipal employees was hanging a framed picture of radar maps of the four hurricanes - Charley, Frances, Jeanne and Ivan - that struck Florida in 2004.

If that picture were more current, it would have shown Yankeetown in the path of all that trouble.

Minutes later, as I sat in the tiny office talking to Mayor Joanne Johannesson, two Florida Department of Law Enforcement agents walked in and asked to interview two of the other people in the office. Hours earlier, word had spread quickly that the FDLE had launched a full scale investigation into the town's affairs.

This is the new normal in once quiet Yankeetown, where the town's handling of a developer's proposal to build a hotel and condos along the Withlacoochee River has pitted neighbor against neighbor, those who see growth as progress against those who favor the status quo.

The thin veneer of civility that used to reign in this waterfront Levy County community has cracked. In its place is a lot of anger and frustration. Rumors and accusations abound.

As one person said, Yankeetown needs a good chiropractor for all the people who have strained their necks trying to avoid looking at their neighbors.

In many places in the news, locals are media shy. Not in Yankeetown. You stop by the public library, the Yankeetown General Store or the point where folks launch their boats, and everyone has an opinion on what's wrong in this town of charming Florida Cracker cottages and old moss laden trees.

This town west of U.S 19 is the setting of a real Florida drama that seems perfect for television: arrogant we'll-build-whatever-we-want developers, secret negotiations, pliant town officials, neighborly animosity and a state investigation.

You spice up the development battle with threatening phone calls, resigning town employees and council members, lawsuits, a mayor recall petition drive, town documents being shredded on a Sunday afternoon, Dumpster diving FDLE agents, and the mayor's stolen garbage, and you have a real page turner. A local Web site has almost hourly updates of the plot.

The biggest question is this: If the hotel and condo are built and new residents move in, will the animus that has dominated this town fade? Even at this stage, will tempers cool if the developers take their hefty checkbooks and their blueprints and sail off into the Gulf of Mexico?

Some folks don't think so.

"Some people are going to put their homes up for sale after this is done," said Lee Parker, a friend of the mayor who was volunteering at Town Hall on Wednesday.

Some feel bitterly betrayed by those who were seduced to sell their property to wealthy developers. Others think that the town charter and local codes are out of date and can't cope with the demands of modern development. They see this controversy as an opportunity for real progress.

To appreciate the passion of folks in Yankeetown, it helps to visit the place. The biggest tourist attraction is the now closed Izaak Walton Restaurant and Lodge, the property where the development is proposed. The only place to fill up is at the Yankeetown General Store, with its 1950s era gas pumps and the best fried chicken around.

Sometimes, the place makes you feel like you're in the middle of nowhere 30 years ago.

No wonder some are fighting so hard to keep Yankeetown that way.

Andrew Skerritt can be reached at 813 909-4602 or toll-free at 1-800-333-7505, ext. 4602. His e-mail address is askerritt@sptimes.com.

U.S. population to hit 300 million in 2006


Associated Press

The U.S. population is on target to hit 300 million this fall and it's a good bet the milestone baby - or immigrant - will be Hispanic.

No one will know for sure because the date and time will be just an estimate.

But Latinos - immigrants and those born in this country - are driving the population growth, accounting for almost half the increase last year, more than any other ethnic or racial group.

White non-Hispanics, who make up about two-thirds of the population, accounted for less than one-fifth of the increase.

When the population reached 200 million in 1967, there was no accurate tally of U.S. Hispanics. The first effort to count Hispanics came in the 1970 census, and the results were dubious.

The Census Bureau counted about 9.6 million Latinos, a little less than 5 percent of the population, but the bureau acknowledged that figure was inflated.

In 1967, there were fewer than 10 million people in the U.S. who were born in other countries; that was not even one in 20.

Today, there are 36 million immigrants, about one in eight.

"We were much more of an insular society back then," said William Frey, a demographer at the Brookings Institution, a Washington think tank.

As of early Sunday, there were 299,058,932 people in the United States, according to the Census Bureau's population clock. The estimate is based on annual numbers for births, deaths and immigration, averaged throughout the year.

The 300 millionth person in the U.S. will likely be born - or cross the border - in October, though bureau officials are wary of committing to a particular month because of the subjective nature of the clock.

ON THE NET

U.S. and world population clocks: http://www.census.gov/main/www/popclock.html

 

Greenland Thaw Heats Up Global Warming Theory

Published: Jun 25, 2006

JAKOBSHAVN - GLACIER, Greenland - Gripping a bottle of Jack Daniel's between his knees, Jay Zwally savored the warmth inside the tiny plane as it flew low across Greenland's biggest and fastest-moving outlet glacier.

Mile upon mile of the steep fjord was choked with icy rubble from the glacier's disintegrated leading edge. More than six miles of the Jakobshavn had simply crumbled into open water.

"My God!" Zwally shouted over the hornet whine of the engines.

From satellite sensors and seasons in the field, Zwally, 67, knew the ice sheet below in a way that few could match. Wedged between boxes of scientific instruments, tent bags, duffels and survival gear, the raffish NASA glaciologist with a silver dolphin in one pierced ear was dismayed by how quickly the breakup occurred.

Weather Influence

The Greenland ice sheet - two miles thick and broad enough to blanket an area the size of Mexico - shapes the world's weather, matched in influence by only Antarctica in the Southern Hemisphere.

It glows like milky mother-of-pearl. The sheen of ice blends with drifts of cloud as if snowbanks are taking flight.

In its heartland, snow that fell a quarter of a million years ago is preserved. Temperatures dip as low as 86 degrees below zero. Ground winds can top 200 mph. Along the ice edge, meltwater rivers thread into fraying brown ropes of glacial outwash, where migrating herds of caribou and musk ox graze.

The ice is so massive that its weight presses the bedrock of Greenland below sea level, so all-concealing that not until recently did scientists discover that Greenland actually might be three islands.

Should all of the ice sheet ever thaw, the meltwater could raise sea level 21 feet and swamp the world's coastal cities, home to a billion people. It would cause higher tides, generate more powerful storm surges and, by altering ocean currents, drastically disrupt the global climate.

Climate experts have started to worry that the ice cap is disappearing in ways that computer models had not predicted.

By all accounts, the glaciers of Greenland are melting twice as fast as they were five years ago, even as the ice sheets of Antarctica - the world's largest reservoir of freshwater - also are shrinking, researchers at NASA's Jet Propulsion Laboratory and the University of Kansas reported in February.

Zwally and other researchers have focused their attention on a delicate ribbon - the equilibrium line, which marks the fulcrum of frost and thaw in Greenland's seasonal balance.

The zone runs around the rim of the ice cap like a drawstring. Summer melting, on average, offsets the annual accumulation of snow.

Across the ice cap, however, the area of seasonal melting was broader last year than in 27 years of record-keeping, University of Colorado climate scientists reported. In early May, temperatures on the ice cap some days were almost 20 degrees above normal, hovering just below freezing.

From cores of ancient Greenland ice extracted by the National Science Foundation, researchers have identified at least 20 sudden climate changes in the past 110,000 years, in which average temperatures fluctuated as much as 15 degrees in a decade.

The increasingly erratic behavior of the Greenland ice has scientists wondering whether the climate, after thousands of years of relative stability, may start oscillating again.

For those assessing the effect of global warming, there may be no more perfect place than this warren of red tents on the Northern Hemisphere's largest ice cap. Here, the theoretical effects seen in computerized climate models take tangible form.

University of Colorado climatologist Konrad Steffen set up Swiss Camp 155 miles north of the Arctic Circle in 1990 to study the weather along the equilibrium line. As a precaution, Steffen, 54, built the camp on a plywood platform to keep it afloat when the ice turns into summer slush and open lakes before refreezing in the fall.

Zwally joined his colleagues there May 8 in the regular spring migration of scientists to the Arctic. He has been coming to Swiss Camp every year since 1994 and has been studying the polar regions since 1972, monitoring the polar ice through satellite sensors. Eventually he realized he had to study the ice firsthand.

Expectations Of Cold

The ice sheet seemed such a stolid reservoir of cold that many experts had been confident it would take centuries for higher temperatures to work their way thousands of feet down to the base of the ice cap and undermine its stability.

By and large, computer models supported that view, predicting that as winter temperatures rose more snow would fall across the dome of the ice cap.

Indeed, Zwally and his colleagues in March released an analysis of data from two European remote-sensing satellites showing the amount of water locked up in the ice sheet had risen slightly between 1992 and 2002.

Then the ice sheet began to confound computer-generated predictions.

By 2005, Greenland was beginning to lose more ice volume than anyone had anticipated - an annual loss of up to 52 cubic miles a year - according to more recent satellite gravity measurements released by JPL. The volume of freshwater ice dumped into the Atlantic Ocean has almost tripled in a decade.

Most of the computer models on which climate predictions are based did not take the dynamics of the glaciers into account.

Contrary to appearances, the monolith of ice is constantly on the move. Swiss Camp has been rafting on the ice stream toward the sea, on average, at about 1 foot every day. Since Steffen pitched the main tents, the camp has moved about a mile downhill.

When Zwally started tracking the velocity of the ice with Global Positioning System sensors in 1996, the ice flow maintained a steady pace all year.

He soon discovered that the ice around Swiss Camp had abruptly shifted gears in the summer, moving faster when the surface ice started to melt. By 1999, the ice stream had almost tripled its speed to about 3 feet a day.

In an influential paper published in the journal Science, Zwally surmised that the ice sheets had accelerated in response to warmer temperatures, as summer meltwater lubricated the base of the ice sheet and allowed it to slide.

In a way no one had detected, the warm water made its way through thousands of feet of ice to the bedrock - in weeks, not decades.

So much water streamed beneath the ice that in high summer the entire ice sheet near Swiss Camp briefly bulged 2 feet higher, like the crest of a subterranean wave.

"This meltwater acceleration is new," Zwally said. "The significance of this is that it is a mechanism for climate change to get into the ice."

Sea-level rise would change bay
Report predicts 24,000 acres face flooding

Kathy Robinson, who runs a fishing-guide business along Apalachicola Bay, says that if there are changes to the bay because of sea-level rise, as some scientists predict, it could have a huge economic impact on Franklin County.

"Our whole way of life is based on the estuary here," said Robinson, who books trips for Robinson Brothers Guide Service in Apalachicola.

A recent National Wildlife Federation report predicted dramatic changes for Apalachicola Bay and other estuaries in Florida if global warming and sea-level rise continue.

The study determined that in Apalachicola Bay there would be a 67-percent loss in salt marsh and a 76-percent loss of tidal freshwater marsh. Vast expanses of swamps and freshwater marsh would become brackish marsh, and some salt marsh would become tidal flats.

The report focused on the harm to sport fish in nine Florida estuaries. But it also noted that at Apalachicola Bay, almost 24,000 acres of dry land would become inundated and there would be more flooding and erosion of barrier islands, such as St. George Island, during storms.

The report shows the need for "serious planning" to guide development away from coastal areas, said Dan Tonsmeire, the executive director of the Apalachicola Riverkeeper group in Franklin County.

"It's a real issue, and it's coming at us," he said.

Some scientists said sea-level rise could cause more beach erosion that could destroy homes or lead property owners to build sea walls. Sea walls can cause a loss of public beaches and habitat for nesting sea turtles, shore birds and other wildlife.

Many scientists say there is consensus that increased carbon-dioxide concentrations in the atmosphere are causing global warming. Sources of carbon dioxide include coal burning and the use of oil for cars, power plants and industry.

There are a few scientists who dispute the data and models used to predict the effects of climate change and whether it is occurring.

The average sea level has risen 6 inches during the past century, the National Wildlife Federation said in its report, "An Unfavorable Tide."

The Intergovernmental Panel on Climate Change predicts that sea levels will rise between 5 and 27 inches by 2100. The National Wildlife Federation used computer modeling to predict the consequences of an average 15-inch rise in sea level.

Jeff Ueland, an assistant professor of geography at Ohio University, said the group did a nice job of modeling. As a doctoral student at Florida State University in 2005, he modeled changes in the distribution of mangrove trees. He's now working to incorporate sea-level rise into the model.

But Ueland said he would have preferred to see the lowest and highest predictions of sea-level rise also modeled to emphasize the range of possible outcomes.

"I think if you are talking about future speculation," Ueland said, "you need to incorporate the uncertainty into your output."

Marshes along the coast provide important habitat for tarpon, sea trout, shrimp, crabs and smaller fish that are food for larger fish, scientists say.

Ueland said it's difficult to know how much ecological harm could occur because of sea-level rise. But he said it's not safe to assume that the changes will be subtle or desirable.

"The economic reality and biological reality of those changes are something that is going to have to be played out," he said.

Jay Lehr, science director of the Heartland Institute, a nonprofit group that challenges assertions that global warming is occurring, said global warming could lead to more rainfall at the Earth's poles. And that, he said, means more ice at the poles, which could reduce sea-level rise.

"There just seems to be some kind of impetus to grab these worst-case scenarios," said Lehr, who has a doctorate in groundwater hydrology from the University of Arizona.

Apalachicola's Robinson said she's doesn't know whether the scientists' predictions about sea-level rise are correct.

"But if it (sea level rise) were to happen," she said, "it would have an impact on this area."

 

Cracks In The Ice

To better track the seasonal movements, Zwally and Steffen set up two new GPS stations around Swiss Camp, while a team led by University of Vermont geophysicist Tom Neumann set up an additional 10 GPS sensors to map the changing velocity.

At the same time, University of Texas physicist Ginny Catania pulled an ice-penetrating radar in a search pattern around the camp, seeking evidence of melt holes that could so quickly channel the hot water of global warming deep into the ice.

To her surprise, she detected a maze of tunnels, natural pipes and cracks beneath the unblemished surface.

"I have never seen anything like it, except in an area where people have been drilling bore holes," Catania said.

No one knows how much of the ice sheet is affected.

Developer threatens to leave tainted soil


The LandMar Group is willing to clean up hazardous waste on the site of an old cement plant along the western boundary of Flagler Beach, but if the Flagler County Commission won't soften its demands, the developer might decide to leave it where it is.

The developer wants to put homes on the 144-acre tract after hauling contaminated soil to a 12-acre corner of the property and sealing it. But county commissioners told LandMar representatives on Monday they want the soil hauled out of Flagler County.

LandMar project manager Jay Brown said that demand is unfair.

"You have a developer here willing to clean up contamination we didn't cause and put in a great project," Brown said. "But they (the commissioners) aren't going to let us do it."

LandMar consultant Shaw Environmental Inc. determined the former Lehigh Portland Cement Plant site contains copper, lead, vanadium and thallium in quantities unsafe for residential development.

LandMar hopes to build 475 homes in the development, dubbed Grand Reserve West. The developer also hopes to build 511 homes on a site it calls Marina Village, which also was part of the cement plant property.

In its application to turn the site into a Planned Unit Development, the developer agreed to dispose of the contaminated soil according to guidelines laid out by the state Department of Environmental Protection.

Department spokeswoman Jill Johnson said that if LandMar wants to permanently store contaminated soil on the property, covered and sealed, it must apply for a state permit by Aug. 22.

So far, the state has only granted the developer permission to temporarily store the contaminated soil on the property.

But commissioners remain adamant that the dirt be hauled out of the county. And they want that done before they approve the project.

"I won't be supporting this unless these items are removed," Commissioner George Hanns said.

Commission Chairman Jim Darby said approval of the project on the condition that the contaminants be removed would reduce the incentive of the developer to actually remove the soil.

Commissioner Blair Kanbar said, "the public perception is that the material shouldn't be there."

Brown and project manager Chris Miller, along with LandMar attorney Gary Davenport, told commissioners that the contaminants already are in Flagler County and have been since Lehigh opened in 1951. The plant, which closed in 1965, generated cement kiln dust as a byproduct of cement production. The dust was scattered over the ground at the site.

Once thought to be a desirable soil supplement, cement kiln dust came under increased scrutiny in the 1980s and 1990s.

A Lehigh site in the state of Washington, which also contains cement kiln dust, is the subject of a cleanup order from the Washington state Department of Ecology. And the company's Mason, Iowa, facility is a federal Superfund cleanup site.

The Flagler County site could be cleaned up more easily than those, but Davenport said the cost to haul an estimated 117,000 tons of soil out of Flagler County to a state-approved site would be expensive and "makes the project just about not feasible."

He told commissioners LandMar could decide to develop the site for commercial businesses, which would relieve the developer of any obligation to remove the tainted soil.

After conferring with Miller and Brown, Davenport suggested putting the matter on hold. The issue likely will come back before the commission in August.

jim.witters@news-jrnl.com

Planners OK changes for 1,224-acre project


PORT ORANGE -- A proposed 1,224-acre complex that would be built near an ecologically sensitive preserve inched closer toward materializing when the city's planning board approved an early step.

The Port Orange Planning Commission OK'd changes to the future land-use map last week, a precursor to rezoning the land to accommodate a developer's plans for 1,300 homes, 300 townhouses and 330 condominiums on the east and west sides of Interstate 95 in south Port Orange. The complex would be named Woodhaven.

Mori Hosseini, whose company ICI Homes is developing the property, also hopes to create as much as 2.5 million square feet of commercial space on the land.

The City Council plans to look at the map changes before sending them to the state for review. The state will make suggestions, and the council plans to vote on whether to rezone the land.

The project then must go through the city's normal review for land use, site design and building permits, said Pete Atwood, a planning commissioner.

"It's still a long way from turning any dirt," Atwood said. "This is the first step in a lot of hoops they're going to have to jump through to do anything."

Environmentalists and some neighbors oppose building on the eastern portion that abuts the 2,200-acre Doris Leeper Spruce Creek Preserve.

With construction set to gobble up most of this area's pastoral beauty, the Spruce Creek preserve will be the sole natural gem, so it should not be compromised, said Tomm Friend, who heads a task force to protect and expand the preserve.

"In this part of Volusia County, there will be no more green other than what we are saving right here, right now," Friend said.

The state and Volusia County are trying to buy 450 acres near the preserve from Hosseini. The land would be turned into a conservation area under the county's Volusia Forever program.

Hosseini couldn't be reached for comment. He has said he'd be willing to sell the 450 acres at a price that would give him the money to buy a similar parcel elsewhere.

Friend questioned why the commission voted to change the land-use map. City staffers, he said, issued a report a week before suggesting the commission put off voting until September so the city and developers could hash over problems.

Friend said he also was flabbergasted that the city would let ICI build a 2.5 million-square-foot business park so close to the preserve. The business park, coupled with long-range plans for a freeway off-ramp nearby, will generate heavy traffic, spoiling the residents' quiet way of life, Friend said.

Atwood said just because there is a potential for 2.5 million square feet doesn't mean ICI will get to use all of it.

Roughly three-quarters of the commercial development would be west of I-95, Atwood said. ICI also tweaked the plans to shift and consolidate density, opening another 50 acres of green space.

Atwood said the city and ICI resolved most of the problems in the week before the Planning Commission met.

One snag had to do with the amount of money the company would pay to improve roads, he said. Another involved the school impact fees that ICI would shell out.

"Apparently, they worked through the sticking points quicker" than requested, Atwood said.

scott.wyland@news-jrnl.com

Couple's land wild enough for habitat designation

Rosalind Jennings
Special to the Sentinel

June 25, 2006

Carl and Mikki Byerley's single-acre property in Leesburg recently gained certification as a National Wildlife Federation official wildlife habitat.

The NWF, which has its headquarters in Reston, Va., certifies yards, vast green spaces and far smaller pieces of property as wildlife habitats in the United States and abroad.

The federation intends to certify 70,000 sites by year's end, NWF spokeswoman Mary Burnettesaid.

The Byerleys' land, which forms a peninsula within a canal leading to Lake Harris, was designated the NWF's 60,306th habitat site in March.

"I just love it," Mikki Byerley said. "I love plants and I love seeing how wildlife lives."

Burnette would like to see others in Lake County follow the Byerleys' lead.

"We hope this will inspire other people to certify their habitats," Burnette said. "They are helping us achieve our goal."

To be certified, property owners must have available food, water, shelter and space to raise young wildlife.

The Byerleys' property supports waterfowl, hummingbirds, butterflies, owls, snakes, opossums, raccoons and even river otters.

"I've seen them [otters] get out of the water and run from an alligator," said Mikki Byerley, whose property also boasts tilapia breeding in a sandy waterbed.

After the Byerleys filled out an application, which NWF naturalists reviewed and approved, the couple received a certificate and an NWF sign to post on their property.

Just about any habitat, regardless of size, can be certified -- from an urban balcony to a 1,000-acre rural property, Burnette said.

"Habitat restoration is critical in urban and suburban settings where commercial and residential development encroaches on natural wildlife areas," Burnette said.

NWF habitats can emerge in unexpected places.

"You can even do this on a little balcony for say a cardinal, a sparrow, a finch, even lizards," Carl Byerley said. "We just happen to have a diverse population because of the water. Water is the big attractor here."

NWF requires people wanting certified habitats to eliminate or reduce chemical use. They also should grow native plants.

The Byerleys, longtime NWF members, use no chemicals. They have planted butterfly-friendly plants, and are in the midst of planting citrus trees.

Their land borders a canal with many aquatic plants where young fish can hatch and hide from predators.

A pile of logs serves as a home for a rat snake. Spotting field mice and rats on occasion, the couple figures some critters become snake food.

Carl Byerley said urban development is encroaching on land for gators and other wildlife.

"Nothing is really after you in the wild," he said. "My idea is that the whole Earth is the Garden of Eden. We are just passing through, and we are the caretakers."

Mikki Byerley is keeping close watch over a baby cypress tree -- so it doesn't get choked out by surrounding vegetation and can one day grow to maturity.

They have seen woodpeckers, bald eagles and many other animals.

"We are just really lucky," Carl Byerley said.

The NWF formed in 1936 to protect America's wildlife, and launched the Backyard Wildlife Habitat program in 1973.

"The majority of these sites represent the hard work and commitment of individuals and families providing habitat near their homes," Burnette said.

The program also has certified schools, businesses and community sites.

Carl Byerley plans to place his NWF sign in plain sight of fishermen moving through the canal. He said he hopes the sign will encourage them to be more careful with fishing lines because they can inadvertently hurt some animals.

"Especially the saltwater pelicans. They get tangled up a lot," Carl Byerley said.

"The turtles get all tangled up in them [fishing lines], too," Mikki Byerley said. "We have several different kinds of turtles."

The Byerleys bought their home and land about four years ago, and have set up outdoor furniture to be people-friendly, too.

"It's easy to feel that there is no hope for wildlife in our modern world of smog, traffic and asphalt," said David Mizejewski, NWF host of the television series Backyard Habitat. "But there is hope. Each of us can make our own piece of the Earth a healthy, green space that helps restore the ecological balance."

For more program information, go to nwf.org/backyard wildlifehabitat.

Development could double Minneola's size

Officials insist on turnpike interchange

Robert Sargent
Sentinel Staff Writer
June 25, 2006

MINNEOLA -- One of south Lake County's largest planned developments could drive up growth with a new interchange proposed along Florida's Turnpike.

Hills of Minneola, proposed by builder Lennar Corp. of Miami, would cover 3 square miles straddling the turnpike with nearly 4,000 homes and 3 million square feet of commercial, office and industrial buildings.

The single project could double the size of Minneola. If approved, it would be -- by far -- the biggest of several communities proposing to transform a vast rural area around Minneola with more than 10,000 new homes.

To make it all happen, however, city officials say Lennar must follow through with plans for a large turnpike interchange to alleviate traffic demands from all the new growth.

"It just won't work without it," Mayor David Yeager said.

On Tuesday, Minneola will consider plans to annex Hills of Minneola into its borders, a preliminary step toward approving the mammoth development. City Council members also will decide whether to transmit the project to state planners for review.

The meeting will begin at 7 p.m. at Minneola City Hall, 800 N. U.S. Highway 27.

Immense traffic from Hills of Minneola and surrounding development will add even more burden to local roads already strained from south Lake's rapid growth. A county study last year estimated that needed road improvements in that area -- including the proposed interchange, new roads, lane additions and the resurfacing of existing roads -- could cost up to $146 million.

So far, representatives from Lennar have shared preliminary plans for a new interchange with Florida's Turnpike Enterprise. The estimated cost of the project could run up to $26 million that turnpike officials say they will not pay for.

"The funding for this project wouldn't be in the turnpike work program," Turnpike Enterprise spokeswoman Christa Deason said. "This interchange needs to be funded by all the interested parties in that area."

Private developers hope to share financing with state and local governments, said T.J. Fish, executive director of the Lake-Sumter Metropolitan Planning Organization. He said the interchange would be a much-needed fix for traffic problems throughout that part of Lake.

"There's no question that the developments proposed would benefit from the interchange," Fish said. "But all of south Lake needs this interchange."

How much the private developers will pay to accommodate their share of growth is unknown.

Minneola already has approved two developments in the area -- the 689-home Reserve at Minneola and the 963-home Founder's Ridge. Even though the city is considering preliminary approval for the Hills of Minneola and an additional 483 residential units proposed by KB Home, city officials refuse to pay for any portion of the interchange.

A proposed agreement with Lennar would require Minneola to lend support for the turnpike addition and to seek money from the state and benefiting property owners. However, "the City shall not be obligated to provide any financial support," according to legal documents.

Besides traffic, Hills of Minneola also is expected to have a tremendous impact on Lake's burdened school system -- adding an estimated 1,463 students. Minneola is trying to ease that impact by requiring Lennar to follow pending school-concurrency guidelines to make sure enough classroom space is available to accommodate the proposed homes.

The proposed agreement with Lennar could require Minneola to support an educational-facilities benefit district to pay for schools or similar financing to draw tax dollars from future residents.

The city also is concerned about environmental impacts that Hills of Minneola would have on the rural landscape. An estimated 1,790 threatened gopher tortoises live on the 1,850-acre site, according to a 2002 study.

Minneola's proposed agreement with Lennar would require the developer to make every effort to protect or relocate the tortoises. The developer also would not seek a state-issued permit to kill tortoises without consent from city officials.

Robert Sargent can be reached at rsargent@orlandosentinel.com or 352-742-5909.

Homes plan for rural enclave makes Brooks Lane folks edgy

Mary Knowles
Sentinel Staff Writer

June 25, 2006

A rural enclave a few blocks from the busy intersection of Tuskawilla and Red Bug Lake roads could soon get busier itself with a new subdivision.

But not if neighboring homeowners have their way. They say they want to preserve their laid-back lifestyle along Brooks Lane in south Seminole County and have collected nearly 350 signatures on a petition to persuade the County Commission to side with them.

The dispute centers on two 5-acre plots where developer Jay Barfield of Florida Home Constructors Inc. wants to put as many as 30 homes.

Barfield is buying the land from Walid and Cassia Akkawi and Edwin Fernandez and Vissette Gordero, if the county approves his rezoning request.

The land is zoned for agriculture and is surrounded mostly by lots that range from about 2 acres to much larger, including some farms. Barfield wants to rezone the 10 acres to four houses an acre so he can build 2,500- to 4,000-square-foot custom homes that could sell for $500,000 to $750,000 each.

At a planning and zoning meeting in May, county staff recommended lot sizes of one-third of an acre, saying that would be a better fit for the surrounding area. It also would align with an existing subdivision immediately to the west.

In 1995, residents to the south of the site, wanting to preserve their community's rural feel, changed the zoning of their properties to allow for only one home an acre. They say the Akkawis, Fernandezes and Gorderos should do the same.

"We're not telling our neighbors you can't sell your land and make money on it," said Stephanie Black, who bought a 2-acre lot on Brooks Lane 10 years ago. "We're just trying to keep a subdivision from being leapfrogged between two agricultural pieces of land."

Black and Michelle Turner, who are leading the petition drive, say their neighborhood is a paradise of green space, horse farms and peacocks.

A large sign alternates between their two yards, calling their neighbors to action, and the pair have walked door-to-door asking for support. They will present their case Tuesday at the next County Commission meeting.

One of the property owners says he has every right to sell to Barfield.

Walid Akkawi has owned his land for 20 years and wants to sell it to cover college expenses for his two children. He said he tried splitting the tract into 1-acre plots about a year ago but ran into problems when the county required him to put in a wider driveway so that each lot would have access to Brooks Lane.

Akkawi said he asked his neighbor to sell him a strip of land that would allow him to put in the wider driveway, but she wasn't interested. The neighbor could not be reached for comment.

Now, Akkawi said, selling is his only option.

Barfield isn't the first developer in the area. The Cobblestone and Stonehurst subdivisions lie to the north and west, respectively, of the Brooks Lane site. Kenmure, a new Ryland Homes subdivision, is directly across Brooks Lane.

Black and Turner say those other subdivisions don't produce as much traffic as the new one would, because they either back up to Brooks Lane or are farther down the road.

But they do cite existing drainage problems. Runoff from the Brooks Lane area flows northeast to Bear Gully Creek and eventually to Howell Creek and Lake Jesup via a ditch system known as the Slavia Drainage District. That system dates to the 1930s and was abandoned for several decades before it was reopened.

Heavy rain causes flooding in low-lying areas along Brooks Lane, and adding more dense development could worsen the situation, according to Ed Torres, a civil engineer and former manager for Seminole County Stormwater Capital Projects. Torres lives in the Stonehurst neighborhood.

Torres said that with 5 inches of rain, water spills onto Brooks Lane and creates the risk of hydroplaning and road erosion. Adding a new subdivision will be "putting water into a system that already has problems," he said.

Akkawi said he has approached the county several times about improving drainage, but it's not his fault the system is outdated.

Barfield would add two retention ponds, possibly featuring a fountain, in the front of the subdivision to collect runoff.

The engineer for the planned subdivision said the ponds will more than compensate for the new development.

"My analysis is that the property is perfectly suited to support single-family development," said John J. Herbert III of American Civil Engineering. "Drainage is not that big a deal."

Barfield has made two concessions to the neighbors: a 6-foot-high block-and-stucco wall at the front of the subdivision to act as a visual buffer and a 200-foot setback from the road, instead of the 30-foot setback originally planned.

Central Florida's booming population growth makes development inevitable, Barfield said. "We don't create the change," he said. "We just try to meet the needs of the change."

Jack Krips, a business partner, said the existing rural character of the area combined with the convenience of nearby grocery stores, restaurants and shops makes the area desirable for development.

"The reason we're interested in developing here is the same reason that they would like to have their cows and chickens and be able to go to their downtown," he said. "It's location, location, location."

Mary Knowles can be reached at mknowles@orlandosentinel.com or 407-322-7668.

Mary Knowles can be reached at mknowles@orlandosentinel.com or 407-322-7668.

Mary Knowles can be reached at mknowles@orlandosentinel.com or 407-322-7668.

Try our own little corner of world cuisines

Published June 25, 2006
Today's Southwest section features a story on the annual survey of Polk businesses sounding off on things that need changing if the economy here is to thrive.

I think it's important to listen -- and not only for government, but also for industry leaders to listen to themselves. In some cases, they can remedy their own woes, by doing such things as offering better pay and benefits to attract higher-quality workers.

But last week, there was a grand lesson in economic development playing out near the junction of Interstate 4 and U.S. Highway 27 at The Pub in Davenport. Picture this: A standing-room-only crowd of tourists and residents, children included, ordering food and drinks, in a locally owned restaurant-pub -- all gleefully enjoying a sporting contest on the television.

The restaurant's Irish owner brings a diverse cultural taste to Central Florida, offering British cuisine such as bangers and mash (sausage and mashed potatoes) and authentic fish and chips with malt vinegar and a variety of beers from the United Kingdom, a nice addition to this growing area.

The pub's televisions are nearly always set to European sports such as soccer and rugby, and this day's huge event: England versus Sweden in the World Cup.

Red jerseys fill the place, tourists and expats and local soccer fans filling every seat, oohing and ahhing at each nail-biting Swedish corner kick. Darn Swedes. The game ended in a 2-2 tie on a late goal by the Swedes.

At the Polo Park intersection with U.S. 27 is Barry Patel, who is of Indian descent but comes to Central Florida via London. He owns an Indian-cuisine restaurant, serving authentic dishes that even Londoners praise as the real thing.

Go the other direction into Haines City, and the Hispanic influence is unmistakable. Spanish-speaking merchants find their place and bring authentic sounds and wares to the shelves.

But with every new strip shopping center comes another chain restaurant. We all get excited and cram into them as if we've never seen them before. By golly, it's another Cracker Bee's. We even stand in line with a beeper in our hands waiting.

Silly us.

I watched people cram into a family chain restaurant near I-4 and U.S. 27 while The Pub in Davenport had a nearly empty parking lot one evening.

Maybe diners didn't realize The Pub was a restaurant with a full menu of American and Brit cuisine, with many items familiar to those who frequent the chains but also several unique offerings. Let's assume.

Otherwise, I'd think our community wasn't being as supportive as it could be of the many diverse, locally owned places we have here. And I think this is the kind of thing that can really drive significant economics.

Let's put it this way: Have you ever heard anyone say, "I went to Savannah, Georgia, and I ate at the coolest Applebee's."

Kelly Griffith can be reached at kgriffith@orlandosentinel.com or 863-422-5908.

Ethanol Refueling Rural Economy

Published: Jun 25, 2006

 

Dozens of factories that turn corn into the gasoline substitute ethanol are sprouting up across the nation, from a brewery in Fulton, N.Y., to Savannah, Ga., and across the continent to Kansas and Oklahoma, wherever the yellow grain can be grown or shipped.

Once considered the green dream of the environmentally sensitive, ethanol has gone mainstream: Agricultural giants are moving to control a vast new market, raising concerns over food prices and land use.

Even in the small town of Hereford, in the middle of the Texas Panhandle's cattle country and hundreds of miles from the agricultural heartland, two companies are rushing to build plants to turn corn into fuel.

The companies, White Energy and Panda Energy, are driven by a number of factors: generous government subsidies for turning corn into ethanol, surging demand for it as a gasoline supplement, a potent blend of farm-state politics and the prospect of generating more than a 100 percent profit in less than two years.

As a result, Hereford, Texas, an isolated cattle town, has become one of dozens of flashpoints in the ethanol bonanza that is helping to reshape rural America's economic base.

World's Next Top Producer

Despite continuing doubts about whether ethanol provides a genuine energy saving, much of the nation's heartland is in the middle of an explosion of turning corn into fuel. At least 39 new ethanol plants are expected to be completed over the next 12 months, which will push the United States past Brazil as the world's largest ethanol producer.

Current production is 4.6 billion gallons a year; the new plants will produce an additional 1.4 billion gallons a year, a 30 percent increase, according to Dan Basse, president of AgResources, an economic forecasting firm in Chicago. By 2008, analysts predict, ethanol output could reach 8 billion gallons a year.

For all its allure, though, there are hidden risks to the boom. Even as struggling local communities herald the expansion of this ethanol-industrial complex and politicians promote its use as a way to decrease America's energy dependence on foreign oil, the ethanol phenomenon is creating unexpected jitters in crucial corners of farm country.

A few agricultural economists and food industry executives are quietly worrying that ethanol, at its current pace of development, could strain food supplies, raise costs for the livestock industry and force the use of marginal farmland in the search for more acres to plant corn.

"This is a bit like a gold rush," warned Warren R. Staley, the chief executive of Cargill, the multinational agricultural company based in Minnesota. "There are unintended consequences of this euphoria to expand ethanol production at this pace that people are not considering."

Staley has his own reasons to worry, because Cargill has a stake in keeping the price of corn low enough to supply its vast interests in processed food and livestock.

But many energy experts also are questioning the benefits of ethanol to the nation's fuel supply. Although it is a renewable, domestically produced fuel that reduces gasoline pollution, large amounts of oil or natural gas go into making ethanol from corn, leaving its net contribution to reducing the use of fossil fuels in doubt.

Get-Rich-Quick Atmosphere

As one of the hottest investments around, however, few in farm country want to hear any complaints these days about the risks associated with ethanol. Archer Daniels Midland, the politically connected agricultural processing company in Decatur, Ill., and the industry leader that has been a longstanding champion of transforming corn into a fuel blend, saw a doubling in its stock price and profits in the past year.

One ethanol producer has already sold shares to the public, and two more are planning to do so. The get-rich-quick atmosphere has drawn in a range of investors, including small farm cooperatives, hedge funds and even Bill Gates.

For all the interest in ethanol, however, it is doubtful whether it can be the energy savior President Bush has identified. He has called for biofuels - which account for just 3 percent of gasoline usage - to replace about 1.6 million barrels a day of oil imported from the Persian Gulf.

To fill that gap with corn-based ethanol alone, agricultural experts say production would have to increase to more than 50 billion gallons a year; at least half the nation's farmland would need to be used to grow corn for fuel.

Doubts aren't stopping out-of-the-way towns looking for ways to pump life into local economies wracked by population loss, farm consolidation and low prices.

"These projects are bringing 100 new jobs to our town," said Don Cumpton, Hereford's director of economic development. "We'd be nuts to turn something like this down."

These islands are for the birds, too

A declining number of nesting shorebirds on barrier islands shows the effects of human-animal interaction.

By THERESA BLACKWELL, Times Staff Writer
Published June 25, 2006

DUNEDIN - Approaching the sand bar north of Anclote Key on Friday for the first time since Tropical Storm Alberto, her fears for the colony of birds nesting there intensified.

"What I hope we don't see are fireworks," said Sally Braem, Honeymoon Island State Park biologist. "Two years ago, they were shot into the colony."

Closer to shore, 14 boats surrounded the small island. Some boaters were fishing, some floated on tubes in the water, and others were walking the beach.

Most of the twine and posts surrounding a nesting colony of least terns, a species Florida lists as threatened, had survived the winds of the storm.

But one section was down and a small dog ran into the colony from that direction. A group of least terns, feisty little terns with Batman-like masks, flew up in the air.

When birds that nest on the beach are frightened away from their nests, officials say, eggs and chicks can dehydrate in the heat of the sun and waiting predators can swoop in for lunch.

Brandy, a young Papillon-shelty mix, didn't know about that, nor did her owners.

"Not thinking, like probably a lot of people don't think, that the dogs could be stepping on eggs," said Leslie Holmes of Hudson, after hooking a leash back on Brandy. "But we're catching on."

Braem said as many as 600 boats have been counted using the small sand bar in one day. A few years ago, boaters organized as "Save Our Sandbar" deflated a state proposal to monitor activities on the sand bar more closely.

"On Saturday, it's wild here," Holmes said. "They have all kinds of dogs running around here."

This year, Pinellas beach-nesting birds have all but abandoned mainland municipal beaches in favor of barrier islands, where storms, predators and human disturbance threaten nesting success each year.

The resourceful least tern also is moving to flat, gravel roofs in increasing numbers, where they face a new set of perils. And black skimmers, a Florida species of special concern, seem to be increasing their roof nesting, even though they generally have less success there.

As the Fourth of July, a big boating weekend, draws near, state officials and Audubon Society volunteers who do their best to protect beach-nesting birds through nesting season hope boaters will give the birds a little space so they can fledge their next generation.

Officials also point out that fireworks are not allowed on any of the islands.

"This is the birds' last chance," Braem said.

Tracking the nesting success of beach-nesting birds such as least terns, black skimmers, American oystercatchers, snowy and Wilson's plovers, laughing gulls, and other terns is kind of a shell game. As colonies are destroyed, the birds often fly to another location and try again.

But Audubon volunteers and state parks officials do their best to piece together a count, to make sure no population is decimated before anyone notices.

The overall numbers they report in the last few years show a dramatic decline in the number of beach-nesting least terns and black skimmers

Beth Forys, a professor of biology and environmental science at Eckerd College, collects data on least terns and black skimmers nesting on Pinellas beaches and rooftops, as well as those nesting in Sarasota and Manatee counties and on Egmont Key in Hillsborough County. The number of least terns counted nesting in 2003 was more than twice the number counted this year: 1,042 to 418. And the number of black skimmers counted nesting in 2003 was nearly twice the number counted this year: 2,568 to 1,355.

Audubon of Florida, which counts beach-nesting birds in Hillsborough Bay and on other Tampa Bay islands, reports a similar decline in numbers for least terns and black skimmers.

Those numbers have some overlap with the numbers compiled by Forys, as both include some islands.

In the Audubon count, the number of least terns declined by about two-thirds, from 514 in 2003 to 158 in 2005.

Black skimmers declined by more than half, from 2,454 in 2003 to 978 in 2005.

Talk with Nancy Douglass, a nongame biologist with the Florida Fish and Wildlife Conservation Commission Southwest Region, and interpreting those numbers becomes dicey.

"From the hodgepodge of what we can put together, it looks pretty grim," she said. "But the truth is, we don't have the good science that backs up that anxiety."

She said a lot of people are trying desperately to count the birds, but "nobody has their eye on the ball from the big-picture perspective."

That would take funds and a scientific study design that measures nesting success, not just the number of birds nesting. Douglass said the commission did a comprehensive study of colonial nesting seabirds from 1998 to 2000. But due to competing priorities, that study has yet to be published. But when it is, the study will provide a baseline for future studies.

"These birds are my passion," she said. "I would like to see us commit the resources to do this work."

She describes the black skimmers like this:

"On the one hand, they are clowns and bark like dogs on the beach," she said. "Then they take off with those long, elegant wings..."

And as a small and scrappy person herself, she feels a kinship with the least terns.

"It's so cool that they fly all the way to South America for the winter," she said. "And they are such pioneers. They are always the first one to colonize a new habitat."

She admires the way the least tern has tried to work with humans, even adapting to roof nesting.

"If we can't find it in our hearts and lifestyles to accommodate them," she said, "what hope is there for all the other species that might not be so adaptable and tenacious?"

[Last modified June

Endangered turtles threaten efforts to replenish Gulf beaches


NAVARRE BEACH, Fla. (AP) -- Michael Martino's specialty license plate reads "Helping Sea Turtles Survive." He rents kayaks and bicycles instead of Jet Skis and motor scooters at his eco-friendly beach shop on this Florida Panhandle barrier island.

But the San Francisco native, who has seen two homes destroyed by hurricanes since 2004, calls himself "an environmental hypocrite" because he supports sand dredging that will help protect the island's homes from storm surge but has killed three rare sea turtles.

One more turtle death would likely result in the project being shutdown until fall, leaving two miles of shoreline exposed through the bulk of hurricane season, which began June 1. The turtles are close to shore because it is mating season.

"There is a saying about how you can be a tree hugger until you start to get splinters," said Martino, who lost his home to Hurricane Ivan two years ago, rebuilt, and saw the new home washed away by Hurricane Dennis less than a year later.

"We are on the edge of our seats over the turtles. We are into their season. It's just like with the hurricanes - we know they are out there and it's just a matter of when are we going to kill another one of them and the project is going to have to stop," Martino said.

The beach replenishment is a frantic round-the-clock process. Machines use pipes to suck sand from the ocean floor and put it back on shore. The pipes also suck up shrimp and crabs, two of the turtles' favorite foods, luring them near the pipes. If the turtles, which can weigh 350 pounds, get too close, they get sucked into the pipe and die.

The U.S. Army Corps of Engineers has a per-species quota of turtles that can be killed through annual dredging projects in each of its Gulf Coast districts.

Ron Silver, who tracks turtle deaths for the corps' Jacksonville district, said managing the projects requires a careful balancing of the overall turtle allotment for the region.

In May, Silver's office shutdown dredging in Destin after three died. The city had hoped to buffer five miles of beach before hurricane season. Under federal guidelines, dredging cannot resume until October when districts receive new turtle allotments for the year.

Florida isn't the only place where sea turtles are holding up plans to rebuild beaches. South Padre Island, Texas, is awaiting a decision from the corps on a variance from the Endangered Species Act that would allow it to begin dredging this summer during mating season for the Kemp's ridley turtle.

"The fact is that we've had two very active storm seasons in a row and that has resulted in an additional need for beach renourishment. This has been coupled by milder winters, which has lead to more turtles," Silver said.

U.S. Rep. Jeff Miller, R-Fla., has spent months trading and borrowing allotments of endangered turtle species among corps' districts to allow several Florida projects to continue.

"There needs to be some type of recognition that sea turtles are important, but there are a lot of homeowners and taxpayers in harm's way without any type of protective barrier or beach and they are being hung up because of the turtle issue," Miller's spokesman Dan McFaul said.

The congressman supports changing the federal Endangered Species Act as a long-term solution, McFaul said.

Such talk worries Florida sea turtle advocates including David Hochberg who serves on Brevard County's Sea Turtle Preservation Society. Although his county has the largest nesting population of loggerhead turtles in the country, Hochberg said the turtles are not plentiful.

"This time of year you will see a lot of them in Florida waters, but there is a reason (cities) have to have incidental take permits to be allowed to dredge in case they kill a sea turtle. The sea turtles are in trouble. Certain species, if we don't act, might not survive beyond 15 to 20 years," he said.

While converted shrimp trawlers used by dredging companies to catch turtles and remove them from the path of the equipment are effective in preventing many turtle deaths, dredge work done in the summer mating season poses a danger to the animals, said Peter Eliazar, a scientist with the University of Florida's Archie Carr Center for sea turtle research.

At Longboat Key, a barrier island of 7,500 residents north of Sarasota, a 10-mile beach restoration is weeks away from completion. The Florida Department of Environmental Protection had listed the beach as "critically eroded," meaning residents were especially vulnerable to hurricanes.

Juan Florensa, Longboat's public works director, points to the 112 turtles relocated by trawlers during the work as proof the region's turtle population is strong. Three turtles have perished there since work began last year.

Florensa advocates increasing the number of turtle deaths allowed for some species in dredging projects.

"I think people can be protected and turtles can be protected at the same time," he said.

Destin Mayor Craig Barker said beaches in front of the hotels and condominiums that line his popular tourist town are so washed out "tourists cannot even put chairs and umbrellas in some places."

With dredging on hold until October, even a mild hurricane or direct hit from a tropical storm could mean big trouble, he said.

"I am vitally concerned about what is going to happen here in the next few months with hurricane season," he said.

At Navarre Beach, Martino monitors the progress of the dredging work in his office by a webcam mounted on a pole on the lot where his home once stood. He celebrated when construction crews reached the area in front of his property.

As he watched the piles of sand go up, he talked about plans to rebuild his home for a third time - this time on 48 pilings 48 feet above sea level.

"This good," he said. "They are getting it done. I understand (the turtles) are a protected species, but my children have lost their nest twice and I am looking out for my children."

--

On the Net:

http://www.navarrebeachwebcam.com/

http://accstr.ufl.edu/

http://www.seaturtlespacecoast.org/

Head of Everglades group stays true to her roots

Palm Beach Post Staff Writer

Sunday, June 25, 2006

WEST PALM BEACH — Tucked between a florist and a Realtor on busy South Dixie Highway in West Palm Beach, the Arthur R. Marshall Jr. Foundation is an unassuming storefront.

Inside, a tight grouping of desks, some recently donated, are jammed into 1,125 square feet of space. On the walls is a smattering of photos depicting cypress trees, egrets and other wildlife that make their home in the Everglades. Lining the shelves are books about saving the River of Grass.

Tucked in the back is another office, no bigger than a bathroom, where Josette Kaufman sits. It's a far cry from her spacious office in Washington, where she spent 19 years working as a financial analyst for Fannie Mae.

A year ago this month, Kaufman chucked her "much higher"-paying job to become the foundation's first-ever paid executive director. She makes $60,000 a year.

The health club, social activities and extracurricular social spending that went along with her previous job are a distant memory.

Founded in 1998 by Kaufman's mother and stepfather, Nancy and John Marshall, the organization is dedicated to Everglades restoration. John's uncle, Arthur Marshall, is the organization's namesake. Before his death in 1985, he dedicated 30 years to saving the Everglades.

The board's decision to hire Kaufman, who previously served on the board of directors as its treasurer, was "a leap of faith that has paid off," said Rosa Llaguno, a member of the board of directors. "She is moving the organization forward in ways we didn't expect."

Since Kaufman became executive director, the foundation has made huge strides in its educational component. It offers an "Ambassadors to the Everglades" program that helps students develop an appreciation for wetlands by learning about the history of the Everglades through classroom education and field trips.

It exceeded its goal to offer the program in 18 schools this year, adding another five. Since its inception, it has awarded more than $250,000 in scholarships and internships. This month, Florida Power and Light Co. made a $25,000 donation to help pay for environmental education programs and restoration activities.

It also has engaged in an annual tree planting at Torry Island, a 700-acre tract in Belle Glade. So far, more than 76,000 trees have been planted with the help of more than 4,000 volunteers. In 2001, the tree planting project started with just a few volunteers planting 8,000 cypress seedlings.

Although the organization had accomplished much prior to Kaufman's hiring, there had been no one person at the helm handling the day-to-day operations.

"Before, everyone was running around doing their own thing. Now there is structure," said Kaufman, who believes she has brought "new ideas, organization, motivation and a fresh face" to the foundation, which has an operating budget of about $600,000. Six years ago its operating budget was about $20,000. The organization runs off an endowment, grants and donations.

The decision to hire a paid executive director grew out of discussions the Marshalls had with the executive director of Messenger of Healing Winds, a foundation in New Mexico that is one of their sponsors.

"They wondered about sustainability of the organization," Kaufman said.

If something happened to the Marshalls, what would happen to their organization? Would their dream die with them?

"Having them focus on the question made the relevance of hiring an executive director more important," Kaufman said.

Because a majority of not-for-profits start small and generally are the brainchild of people who are committed to a cause, the money simply isn't there for an executive director, as was the case with the Marshall Foundation. In the early stages, boards serve that function. But as not-for-profits grow and paid staff are hired, someone is needed to oversee the day-to-day operations, said Jocelyn Harmon, director of development and communications for the National Council of Nonprofit Associations, a network of state and regional nonprofit associations.

"Having a professional director helps your institutional donors to feel comfortable in terms of giving because they know there is someone on staff who can execute programming," Harmon said.

Timothy Keyser, an attorney in Interlachen, was a graduate student assistant of Arthur Marshall. He has seen the the quick growth from a small, all-volunteer staff to one that has four full-time and two part-time employees.

"Volunteers can only do so much. When you have a paid employee, an organization can accomplish many more things and have more credibility," said Keyser, a member of the board of directors.

Since Kaufman joined, Keyser believes, the quality of the board and advisory board has "increased substantially," which has translated to "greater credibility and increased effectiveness."

Kaufman measures success in the organization's ability to reach out to the community. Getting its message out is key. She figures it has reached more than 200,000 people.

"I measure it in terms of education," she said. "How many schools did we get into? How many young people did we inspire?"

Kaufman's financial background also has proved to be a big plus when it comes to fund-raising, said board member Debbie Sears.

"A lot of people start nonprofits with the best intentions, but they may not be businesspeople and know how to get to the next level," Sears said. "Josette understands the importance of fund-raising to keep the programs going through contributions and grants. I have been extremely happy with her performance. She has been a terrific fit."

 

Riviera redevelopment effort stunned

Palm Beach Post Staff Writer

Sunday, June 25, 2006

RIVIERA BEACH — The strategy seemed simple: The city would preserve its right to use eminent domain by reaching an agreement with its master developer before Gov. Jeb Bush signed a bill into law stripping cities of such powers.

Mayor Michael Brown called a special city council meeting for May 10. Council members voted unanimously to contract with master developer Viking Inlet Harbor Properties.

After years of big promises, Riviera Beach's $2.4 billion redevelopment was finally going to happen — or so it seemed. The celebration has been short-lived.

Since making the deal with Viking, the city has fielded a series of blows, including a backlash from Bush, two lawsuits by residents and the withdrawal of all offers to buy land in the 400-acre waterfront area by the master developer.

In addition, the two attorneys contracted to advise the community redevelopment agency abruptly resigned two weeks ago. Their departure comes on the heels of the CRA board hiring a California consultant to take over negotiations with developers just nine days after the city signed its deal with Viking.

While the redevelopment appears to be on the ropes, the mayor and city council stand by their strategy. Ultimately, a judge will decide whether the decision to rush the deal with Viking was the best way to jump-start the project.

Brown, also an attorney who practices eminent domain law, believes the courts will look favorably on the city's position. The May 10 special meeting was a continuation of Viking's relationship with the city, which began in September when the council selected the company as master developer, he said.

"For the governor and the state legislature to pull the rug out from under us... there's got to be relief in the court system that we can get," Brown said.

City Council Chairwoman Ann Iles, who is also CRA chair, has no regrets about the manner in which the deal was done.

"I thought we made a prudent move," Iles said. "We had to continue our process regardless of what the state legislature and the governor were going to do."

Expediting the deal with Viking is one of the few issues on which Iles and Brown agree. Often, the mayor, Iles and Councilwoman Liz Wade are at odds.

That was underscored shortly after the Viking deal, when Brown pushed to have the council hire the California consultant, Bernard Kinsey. Iles and Wade vehemently opposed the idea, but Brown was able to get council members Vanessa Lee, Jim Jackson and Norma Duncombe to vote for Kinsey, a former Xerox executive who is originally from West Palm Beach.

His $3,000-a-day six-month contract has been the source of public criticism and has divided the council. While Kinsey settles in, a 30-day deadline to finalize the agreement with Viking has passed, raising the question of whether the May 10 deal is still valid.

Tied also to the deadline is Viking's pledge to pay off $8 million in bonds that the CRA borrowed to operate in 2003. With no deal, the council voted last week to have the city put up the money on behalf of the CRA to cover the bonds, which come due July 5.

Iles said she doesn't know where the city stands as far as its deal with Viking. No revised deal or extension request was ever brought to the CRA or the council for approval, she said.

"I have no clue where we are," Iles said. "I don't have a crystal ball."

Strategy may need analyzing

Bob Healey, Viking's chairman, said the recent opposition, including the lawsuits, has forced developers to rethink their plans. Viking isn't abandoning the project, Healey said, but the idea of the project being tied up in court isn't a pleasant thought.

According to Healey, the 30-day deadline has been extended to August to give developers time to negotiate with Kinsey.

Despite the slowdown, Viking is still in the driver's seat: It has acquired $50 million in land throughout the city, Healey said.

The city has to make some tough decisions very quickly, said Frank Schnidman, an expert on eminent domain — the power of governments to seize private property for public use after compensating the owner. Now that the battle over eminent domain has reached the courts, Riviera Beach officials must reevaluate their priorities.

"There is a substantial cost in holding up the project in the courts," said Schnidman, senior fellow at Florida Atlantic University's Center for Urban and Environmental Solutions in Fort Lauderdale. "The city needs to bring everybody to the table and talk before everyone runs off to the courthouse."

Council members will meet Wednesday in an executive session to discuss how to defend against the two lawsuits sparked by the Viking deal. The city has 20 days to file an official response with the court.

Following the executive session, the council will sit as the CRA at its regular meeting, where Executive Director Floyd Johnson is expected to provide an update on redevelopment efforts.

Schnidman said the city has been a casualty in the national private property-rights movement following the U.S. Supreme Court decision Kelo vs. City of New London. The court ruled that the city could use eminent domain to take private land for economic purposes, but the decision also allowed states to amend existing laws.

A year after the ruling, state legislatures across America, including Florida, have passed reforms limiting the use of eminent domain when it comes to economic development.

There's already been fallout from the legislature's changes in the eminent domain law. Boynton Beach officials decided last week to abandon three eminent domain lawsuits filed prior to changes in the law, and a Broward County judge tossed out a case where Hollywood officials tried to take a business by eminent domain, but the judge ruled that the land wasn't necessary for the redevelopment.

Fane Lozman, a newcomer who lives on a houseboat at the city marina, sued the city June 7, claiming the public didn't get proper notice of the May 10 meeting, where the deal with Viking was struck. Lozman and fellow plaintiff Virginia Merchant — owner of Sea Shell City, a gift shop in the CRA area — want the meeting ruled illegal and any decisions made deemed invalid.

Weeks after the meeting, Pacific Legal Foundation, a California private property rights group, sued the city on behalf of residents Jerry and Rene Corie. Pacific, which has an office in Coral Gables, is seeking an injunction to keep the city from moving forward with using eminent domain as part of its redevelopment plan.

Miami attorney Toby Price Brigham, whose law firm represents some residents of the redevelopment area, strongly supported Florida's reforms to its eminent domain law. Brigham contends that the city's deal with Viking is flawed because it left it up to the developer to pick the properties to be targeted by eminent domain.

Since those properties weren't listed as part of Viking's agreement, the courts may find that the city must operate under Florida's new eminent domain law, he said. Viking issued offers to buy land from 23 property owners nearly a week after Bush signed the eminent domain bill into law.

Given Riviera Beach's resources, such as its proximity to the Atlantic Ocean and Intracoastal Waterway, Brigham believes the city's redevelopment plan can move forward despite of changes in the law.

"I think it will not be necessary to use eminent domain," said Brigham, who has practiced private property rights law in Florida for more than four decades.

Samuel Goren, a Fort Lauderdale attorney whose firm represents CRAs in Delray Beach, Lake Worth and Oakland Park, said the new eminent domain law forces governments to rethink redevelopment. He also said cities like Riviera Beach could try to persuade state lawmakers that the eminent domain reforms are overreaching and require tweaking in the next year.

Yet Goren also has learned that sometimes governments find better results by taking their case directly to the people.

"Oftentimes the hammer of eminent domain is less important than a cordial exchange with property owners in order to get them what they want," Goren said.

The quest for a downtown

The Lake Mary City Commission approved a plan to develop a downtown 5 years ago -- and since then little has happened.

Mary Knowles
Sentinel Staff Writer

June 25, 2006

LAKE MARY -- Dreams of a thriving downtown center are remaining just that for now as the city struggles to attract developers.

Five years after the City Commission approved a master plan to create a downtown on a 74-acre swath of land near City Hall, only one developer has built in the area.

The plan envisioned one- and two-story town houses, apartments and retail-residential buildings. Wood-frame houses and businesses dominate the area, which is bounded by Fourth Street on the west and West Lake Mary Boulevard on the south.

The goal is to create a "viable downtown," which would draw people to live, work and play in a common area, Lake Mary Deputy Mayor Michael McLean said.

But the only developer who has bought into this plan is Terry Shaw, who is completing the second phase of a 24,000-square-foot office center directly behind City Hall.

Two other developers approached the city in 2002 and 2003 with plans for office and residential buildings, but those fell through.

An Atlanta company wanted to develop the entire downtown area, but the city didn't want to put all of the land in the hands of one company, McLean said. The other developer backed out before making a serious proposal.

Developers say the difficulty lies mainly in the in-fill style of development, which builds in and around existing neighborhoods. This format is common in Lake Mary, which is quickly running out of large undeveloped parcels. Before they can build, developers must buy the property from homeowners and petition the city to rezone the land to "downtown center."

"To assemble anything of any size, you have to deal with 10, 15, 20 different homeowners, with different concerns and desires," said Bill Harkins, whose company, Harkins Development Corp., has done work at Baldwin Park in Orlando.

"To pull all that together is next to impossible. It's a lot easier to go buy a single tract somewhere else."

Harkins said he considered developing in the area two or three years ago but didn't want to negotiate with multiple homeowners, particularly those seeking high prices for their lots.

A big, expensive job

The median sale price for single-family properties in Lake Mary was $359,900 in 2005 and early 2006, according to the Seminole County Property Appraiser's Office. Shaw said he has talked to some homeowners who want $500,000 for a single lot.

The inflated prices may stem from "option contracts" that the Atlanta developer offered to homeowners a few years ago, City Manager John Litton said.

Some residents eager to sell are trying to appeal to developers by combining lots with their neighbors. Crews and Amy Sanders live on Crystal Lake Avenue between Fourth Street and Country Club Road. They have four lots for sale and are trying to organize a joint sale with their neighbors, with the goal of turning over the entire block to one developer.

Other residents oppose any development, saying it would disrupt Lake Mary's historic character. Harriet Mixon, who has lived in Lake Mary since 1936 and is across the street from Shaw's office center, said she resents the changes it brings to her lifestyle.

The city has no plans to get involved in the process by buying land in large chunks.

"We've set the plan up, but it doesn't force anyone to sell their homes," said Commissioner Janet Jernigan. "We're not going to buy it up."

The city does own 161/2 of the 74 acres and has several revitalization projects in the works: a new community center near West Crystal Lake, park improvements, an interactive fountain and a band shell. City Hall boasts recent renovations, including a clock tower and gazebo.

Introducing the "downtown center" zoning category to the city code in 2002 was another effort to bring developers on board, city planner Gary Schindler said.

The city is also working on infrastructure improvements. New sewer lines will run along sections of Wilbur Avenue, a project that has been planned for years but is now seen as a bargaining point with developers.

Those efforts aren't enough of a draw, developers say.

"There have been no incentives," Shaw said. "The city has given us latitude to change the rules, but I put all the money out."

Shaw provided his own parking lots and stormwater system for his office center. He said the city should improve its infrastructure if it wants to see the master plan become reality.

Visibility is even more important for developers looking to turn a profit, Harkins said. To drivers whizzing by on Lake Mary Boulevard, City Hall obscures the view of the planned downtown.

"No business wants to go back there," Harkins said. "They're invisible."

To address that challenge, the city plans to create a prominent entrance using signs and decorative road pavers. Marking the boundaries of downtown will help change the perception of the area, city officials say.

Perception is everything, Shaw says. The main challenge he faces in leasing office space is that "no one knows where downtown Lake Mary is."

Shaw, his wife, Linda, who works with him as a contractor, and daughter Ryan, who owns a cafe in the office center, have all invested in the city's vision. They picture a friendly community where people can walk downstairs to work, stroll a street over for lunch, and conduct their lives in a comfortable radius of a few blocks.

Progress seen, even if slow

Ryan Shaw said she has seen hints of this lifestyle already at her business, Delano: The Everyday Cafe, which opened several weeks ago. Neighboring residents have become regulars, dropping in for coffee or a sandwich. Shaw and her parents say it is only a matter of time before the vision pans out.

Patience is the key to developing Lake Mary, agrees community development director John Omana. He cites the 13-year creation of West Palm Beach's CityPlace, which he helped develop in the 1990s and which Lake Mary is using as its model.

"It took 13 years for them to become an overnight success," Omana said.

The downtown master plan is meant only to be a snapshot of opportunities, not a blueprint for the area, Omana said.

However, the plan's supporters say progress is overdue. When the Sanderses first put their properties on the market three years ago, they anticipated a quick sale.

But now, Amy Sanders says, "It's at a standstill. No one wants to invest in that."

Mary Knowles can be reached at mknowles@orlandosentinel.com or 407-322-7688.

Who will pay to improve roads?

Because of rising costs, state funding is drying up. Unless the county or developers pay, some projects won't get done.

By DAN DEWITT
Published June 25, 2006

BROOKSVILLE - State Road 50 just west of Brooksville was widened to four lanes less than a decade ago and still seems like more highway than is needed along that stretch.

It passes woods, pasture and the isolated grounds of Brooksville Regional Hospital. Even during morning rush hour, the space between cars often stretches beyond 100 yards.

But think ahead to 2025, said Dennis Dix, the county's transportation coordinator. Medical offices and condominiums will surround the hospital. The hundreds of acres to the north will be filled with subdivisions and shopping centers; the county's population could be as high as 277,000.

The road, meanwhile, may look exactly the same.

Because of the fast-rising cost of building roads, $45-million the state Department of Transportation had planned to use on this and two other sections of SR 50 will be absorbed by other projects in the county, including the higher-priority widening of SR 50 between the Suncoast Parkway and U.S. 19.

That means that unless the county or developers who build projects near SR 50 pay for improvements, three key sections of the major east-west thoroughfare will remain four lanes rather than six: the 4-mile stretch between the Suncoast Parkway and the Brooksville truck bypass, the bypass itself, and a 1-mile section east of Interstate 75.

More bad news: The true cost of all this work is not $45-million, but $135-million, Dix said. Worse still, this does not cover other stretches of the road - such as sections farther east of the interstate - that need to be widened to accommodate expected increases in traffic.

"The problem is, there is nowhere near the funding needed to maintain the long-range transportation plan," Dix said. "Unless we come up with a significant local funding mechanism, we're going to be losing a significant number of improvements that we have in the plan."

The information about the shortfall of state funds comes on top of another sobering assessment.

The county passed its long-range transportation plan in early 2005; a year later, dramatically rising transportation costs forced the county to re-examine its feasibility. That study, performed by the consulting firm of Tindale-Oliver & Associates in Tampa, came to these conclusions:

* The total projected costs of all the planned road projects in Hernando between 2011 and 2025 jumped about three times in one year, from $373-million to nearly $1.1-trillion.* The cost of needed improvements on county-maintained roads between 2011 and 2015 climbed from $65-million to $183-million.* The gap between the money the county will be able to raise for this work and its expected cost is $141-million, a number that county officials have cited frequently in recent months. Less well-known is the amount of this shortfall through 2025: $431-million.

The situation is the same across the state, said Bob Clifford, planning manager for the DOT district based in Tampa. He emphasized that the state has not pulled money out of Hernando, but that the price of the work has climbed far above the amount available to pay for it.

The underlying cause, he said, is a booming real estate market that forces the state to pay more for road rights of way and to compete with private builders for labor and materials - costs that escalated further after the devastating hurricane seasons of 2004 and 2005.

County Commission Chairwoman Diane Rowden said she does not see how the county can raise the money for these improvements considering the stance of Commissioners Robert Schenck and Jeff Stabins. Both recently spoke against raising the gas tax to cover a much smaller revenue shortfall - $1.4-million for the county's road-paving program. They did not return telephone calls to the Times on Friday.

"We don't have any long-range plans. We don't have any vision," Rowden said. "We have no alternative plans to fund what is happening to road costs."

Commissioner Nancy Robinson also opposes raising taxes, but agrees with Rowden on another point: Developers will have to pay their share.

"It's going to fall to development to step to the plate, pure and simple," she said.

And, in a major shift in recent years, developers are increasingly willing to pay for substantial road improvements.

"The state's leadership has placed the concept of growth paying for itself under the microscope," said Cliff Manuel, president of Coastal Engineering Associates of Brooksville. "I think it's a very healthy way to plan for a community."

This shift has come for two reasons, Manuel and others say. A growth management law passed by the state last year tightened what is known as "transportation concurrency." That means roads must be available to serve developments at the time they are built or shortly afterward.

To make sure local governments did not strike down developments that are not near adequate roads, lawmakers included a provision - called "proportionate share" - that allows developers to build if they pay for their share of needed road improvements.

The other reason that Hernando has seen more transportation agreements with developers is simply that it has seen more development, Clifford said.

"Counties to the south have been dealing with this for years now," he said. "They have been getting money and projects out of developers for years now. Hernando is just beginning to see that."

That does not mean developers will be willing to pay the prices the county demands, said Manuel, whose company is representing the developers of four subdivisions planned on 4,800 acres designated for future growth near I-75 and SR 50.

County planners expect 12,000 residential units to eventually be built in this zone. Along with 1,750 homes and three golf courses in the proposed Hickory Hill development nearby, $782-million in long-term transportation improvements will be required, the county says. That includes the widening of Old Trilby Road, now a quiet rural lane, into a four-lane highway that would cross over I-75 and provide a connection to the interstate at the SR 50 interchange.

Manuel and other development representatives have argued that some of these improvements are not necessary. They also say the work could be done for far less money if the county allowed developers to build the collector roads.

The state recently released estimates that building and buying right of way for a two-lane highway costs $13.4-million per mile. A more accurate figure, based on recent local projects, is $5-million, Dix said. Developers put this cost at $1-million or less.

"There is an efficiency in letting the private sector build roads," Manuel said. "We think there are savings to be had."

For example, he said, developers building on their own land don't have to pay for the land. Nor do they have to foot the bill for appraising the land or potentially defending those appraisals in court, as a government must do when it condemns private property to build a road.

But he also agrees with Dix on some other points. The stretch of SR 50 near I-75 is the most important part of the area's transportation network. Because this is a state road, its widening will have to conform to state procedures. Manuel and Dix also said it is likely to cost nearly as much as the state estimates to widen it from four to six lanes: $14-million per mile.

The county has scheduled a meeting to discuss the cost of improvements to serve the developments near I-75 and SR 50. That will give the county a firm idea on how much the developers are willing to contribute, Robinson said.

If the developers and county don't work out a plan to meet the needs, the consequences could be frightening, the commissioner said.

"I think the price of roads is going to continue to rise and to rise at a relatively rapid rate," she said. "It is not going to get any better. It's going to get worse."

Dan DeWitt can be reached at dewitt@sptimes.com or (352) 754-6116.

Estimate to drain county: $260M

And that's the low-ball, an official says. At the county's current spending rate, it would take 2,600 years, so a consultant is working on a proposal to charge fees to speed up the process.

By BRIDGET HALL GRUMET, Times Staff Writer
Published June 25, 2006

Of all of the numbers that Michele Baker threw at the County Commission last week, $260-million was the most sobering.

That's the estimated cost of drainage improvements needed countywide to stem flooding problems and meet federal water quality standards.

"And when you look at the study, that's the low-ball," Baker, the county engineering program administrator, told commissioners.

The county spends about $100,000 a year on new drainage improvements: "We're not doing much but a little ditch maintenance," Baker said.

At that rate, it would take 2,600 years to finish the job.

That's why a county-hired consultant is working on a proposal to charge a stormwater fee to homeowners and businesses, to raise the millions of dollars needed to do the work sooner.

The proposal is to come before commissioners this fall, after consultant Camp Dresser & McKee gets more specific estimates for the drainage projects needed. As with any new fees, the County Commission would have to hold public hearings before voting on them.

But a report that went to commissioners last week gives a rough idea of the costs in store.

Using the $260-million estimate, the consultant said the work could be done in 23 years if homeowners pay $113 a year businesses also would contribute, based on the size of the property.

Other options provide lower fees, but it would take longer to do the work. If homeowners paid $79 a year, the improvements would take 31 years; if they paid $55 a year, the work would take 51 years. For a $35 annual fee, the improvements would be done in 74 years.

Those fees assume that everyone pays the same countywide. Commissioner Ted Schrader said he would rather see a proposal in which people pay for the specific projects in their drainage basin.

The report that comes to commissioners in the fall will have that option, too, Baker said.

As the proposals take shape, county officials plan to meet with residents in the soggiest basins to answer questions and enlist their support, Baker said.

"We had 30-plus years of drought where this really wasn't an issue," Baker told the Pasco Times. "Then we had the flooding in 1998, 2003 and 2004. The forecast now is for normal rainfall and heavier hurricane seasons.

"I think people will be asking us to fix these problems," she said, "and in order to fix these problems, we will need a funding source."

But the clock is ticking. If commissioners want to get a stormwater fee on the 2007 property tax bills, they will have to make a decision by Nov. 8, Assistant County Attorney Barbara Wilhite said.

"That's what we're shooting for," said Baker, although she said that will hinge on whether the consultant has the updated estimates in time.

The $260-million in new projects is only one piece of the county's drainage program. The county also plans to spend $450,000 on a firm that will identify every culvert, storm drain and holding pond in Pasco, so officials can come up with a maintenance plan to keep the water flowing.

As it is now, county crews do little preventative maintenance. Most of the time, they're called out to fix a problem after the flooding starts.

Camp Dresser & McKee found that the crews provide "less than full response to all complaints." Responding to all complaints would cost $2.1-million a year. Hiring the crews to perform all of the necessary preventative maintenance would run $8.8-million a year.

Those costs would be discussed with the stormwater utility proposals coming before commissioners later this year. Paying for everything likely would involve a mix of existing property tax dollars and a new stormwater fee, plus grants from the Southwest Florida Water Management District and other agencies, Baker said.

"Good report," Commissioner Ann Hildebrand told Baker after hearing the early estimates at Tuesday's meeting. "But just don't let it sit on the shelf. The longer we carry (on), the more expensive it's going to get."

Bridget Hall Grumet can be reached at (727) 869-6244 or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is bgrumet@sptimes.com.

Curry Fills Job at Lake

By
The Ledger

LAKELAND
In Lakeland, there's limited sympathy for people who live in posh homes overlooking a near-dry lake. That's the case for the wealthy homeowners near Scott Lake who have watched a source of pride dwindle to pond status.

Dave Curry, 66, who is leading an effort to restore the lake, said he knows that's true, and he understands that people are ambivalent about seeing the well-to-do in a fix.

But what he can't understand is the joy that some people feel in seeing the temporary doom of the lake.

He said he was a little irked by a letter to the editor in The Ledger that said Scott Lake residents got what they deserved, a shrunken lake.

People are envious of others in big houses, Curry said, "but if they work hard enough and get ahead, they can have one too."

Curry said his wife, Edris, was livid about the letter, but Curry wasn't peeved enough to respond to it, saying nothing good would have come from doing so.

"I don't expect people to have sympathy for us," he said. "But don't hold it against me or the other homeowners that we've been successful."

Curry is the owner and president of Curry Controls in Lakeland, a thriving business that made him a millionaire. "The good Lord has been good to us," Curry said.

He said Scott Lake residents never conspired years ago to eliminate public access to Scott Lake.

He takes a "never say never" stance about Scott Lake residents asking for public money to restore the lake, but doesn't anticipate that happening.

Curry is a doer with an engineering background. He's smart and personable, a well-liked and respected pillar of Lakeland who knows everyone. He gives plenty to charity, but prefers not to talk about it.

He's politically conservative and a leader and adult Sunday school teacher at the First Baptist Church of the Mall.
In other words, Curry is a perfect fit for the job that he's been asked to do by friends, neighbors and members of the several homeowners associations surrounding Scott Lake. He's accepted the task of leading the effort to restore the lake. He's got a great view and a short walk to survey the challenge.

"Dave has been involved with the lake for a long time and he's a guy who's up to the challenge," said Barney Barnett. "He's an engineer and he's a great guy. He has more integrity than anybody I know."

Curry said he intends, with plenty of help, to succeed.

"I have somewhat of a technical background (beginning with an engineering degree from Auburn University), and I didn't want to shirk the responsibility," he said. "Somebody had to do it."

People just a stone's throw from what was Scott Lake would make the list of the richest and most powerful people in town.

Influential homeowners surrounding that lake include Barnett and his wife, Carroll Barnett, both of Publix Super Markets; Ed Crenshaw, also of Publix; John Watkins and Buzz Watkins of Watkins Motor Lines, developer Joe Ruthven, State Farm Agent Buzz Tarver, Oz Mutz, the father of Lakeland Automall owner Bill Mutz, Realtor Bob Harper, contractors John and Carolyn Prahl, and August A. Busch III, the beer baron.

Curry joked that there has been some thought of filling the lake with Budweiser.

So far, the only home on the lake known to have suffered significant damage because of the sinkholes belongs to Glenda Fontaine and Steve Beebe, on Pier Place Drive.

Curry vows the Scott Lake story will have a great ending.

"Right now it's a negative story, but it's going to end up being a positive story," he said.

As the leader of the lake revival effort, Curry has been and will continue to meet with the engineers hired to figure out the extent of the problem and how to fix it.

He's been talking with the Southwest Florida Water Management District, which tracks sinkholes. Curry said Swiftmud has so far been a great help.

Curry, as the public face of the effort to restore the lake, will also speak with the media about whatever needs to be done and what progress has been made.

Curry built the family home on Lakepoint Drive in 1975. He bristles at any suggestion that Scott Lake residents conspired to eliminate public access to a boat ramp on the lake, which was on private property.

There are numerous and conflicting accounts of what happened decades ago, but Curry said he has the correct one.

"I've got it right here," he said, pointing to his noggin. "The county let the lease expire. They didn't renew it. It's that simple."

Curry said Scott Lake residents haven't asked for public money to restore the lake and have no plan to do so anytime soon.

"But it hasn't been entirely ruled out," he said. "If there's some program that comes up later, we might apply. And we might not."

Curry said it would be impractical for Scott Lake residents to trade public money to fix the lake for another public boat ramp.

"First off, nobody is waving checks at us," he said. "And the lakefront is developed now. This isn't 1979. Where would people park?"

The restoration of Scott Lake "may take two or three years, but the lake will be back," Curry said. "And it will be better than ever, better than what it was."

Rick Rousos can be reached at rick.rousos@theledger.com or 863-802-7516.

Maxcy Group Plans Condos for Chain of Lakes

WINTER HAVEN -- Viewing the Chain of Lakes as an underutilized resource, developers with the Maxcy Development Group decided some improvements were in order.

So they purchased about 10 acres between lakes Howard and May, and plan to build some high-end condominiums in an eight-story building.

"We were fortunate enough to get a good site close to downtown development," said Hood Craddock, president of Latt Maxcy Corp., the umbrella corporation for the development.

"The (city's) planned pedestrian path is a real important benefit to this development," said John Blakley, president of Maxcy Development Group Realty. "We're trying to be a catalyst for that whole process."

Winter Haven is planning to build a walking path around the east side of Lake Howard in the next few years. The path is expected to link to the South Lake Howard Nature Park.

The property was the former site of the city's Public Works yard and Osborn Marine.

The site is being cleared in preparation for construction planned for the fall, Blakley said.

"There will be 82 units in the first building facing Lake Howard," he said. "Eventually we'll have somewhere between 160 and 190 residences."

The total value of the project is estimated at $50 million, including a second building that will be constructed later, Blakley said.

Latimore Landings, within the city's downtown redevelopment district, is a great asset to the Community Redevelopment Agency for two reasons, said Dale Smith, assistant city manager and CRA director.

For one, the additional tax increment-funding dollars will benefit the CRA, he said.

And the development will be a catalyst for additional redevelopment in the Lake Howard/Lake May vicinity, Smith said.

Joy Cochran can be reached at joy.cochran@theledger.com or 863-401-6970.

Stuart may relax mixed-use projects

By Rachel Simmonsen

Palm Beach Post Staff Writer

Sunday, June 25, 2006

STUART — Imagine living a few blocks from downtown. Your office? Right below your second-story condo. And once 5 p.m. rolls around, all you have to do is walk down the street to find restaurants, shops and a theater.

The idea has caught on with a number of developers who have drawn up plans for mixed-use projects, most of them downtown. But city officials hope to see more of the projects, which they say promote open space and pedestrian traffic better than other types of development.

To that end, Stuart city commissioners Monday will consider an ordinance to make it easier for developers to build projects that combine offices, shops and residences, said Development Director Kevin Freeman, who drafted the proposal.

The city's comprehensive plan allows mixed-use development, but zoning regulations don't always make it easy for developers to build the best kind of mixed-use project, according to the "planned unit development" process under which the city and developer negotiate specific terms, Freeman said.

"If we're trying to get development which is more compact and pedestrian-friendly, then the existing rules discriminate," he said.

For instance, developers can opt for a commercial planned unit development with residences occupying up to 30 percent. Or they can build a residential planned unit development with up to 30 percent of the space devoted to businesses. But developers cannot do an even split: half residential and half commercial.

That would change under the proposed ordinance, as would some housing density rules.

To create more affordable housing, the city would allow developers to have slightly more dense mixed-use planned unit developments if at least half of their condos or apartments are 1,500 square feet or smaller. For example, if half a project's residential units have an average floor space of 1,000 square feet or less, the developer would get to add five units per acre, bringing the total allowable density to 20 units per acre.

The ordinance also would make it easier for developers to use "shared parking," that is, designate the same parking space for more than one purpose, Freeman said. Under current rules, developers must follow a fairly rigid formula — based on whether a building has commercial space, residential units or both — to determine just how many parking spaces to include.

The problem is that commercial parking spaces, such as those for a boutique, usually are empty at night, when the business is closed, Freeman said. Likewise, parking spaces around apartments typically are empty during the day while people are away at work.

By allowing developers to use shared parking, the proposed ordinance could cut the number of paved parking spots in some cases by 15 percent, Freeman said.

Mayor Carol Waxler said she had reservations about where shared parking should be allowed.

"I certainly agree with the theory of people living and working in one place, but there's a place for that," she said, adding that shared parking will have to be evaluated case-by-case. Some spots downtown already may be too congested for shared parking, she said.

Still, many urban planners and developers applaud the idea of an ordinance that would encourage more mixed-use projects. The alternative — urban sprawl — just doesn't make sense, said Frank Wacha Jr., who is building the mixed-use development Avonlea on 50 acres in north Stuart.

"Everybody has to get in their cars everywhere they go," Wacha said. "They burn gas, which drives up the cost, and they waste their time getting in traffic. It's just not an efficient use of our resources."

A rule change would make it easier for developers to build mixed-use projects, said Dan Lundstrom, a developer and investor behind a number of planned mixed-use projects downtown, including the Venetian. That project, stalled by a lawsuit, calls for retail space and condos in a three-story building on what is now a parking lot at the corner of Seminole Street and Colorado Avenue.

"Ideas and thoughts are great, but we need a definitive set of rules and codes that everybody can follow," Lundstrom said. "Without proper guidelines for a developer to follow, it's very difficult to present a project that would be acceptable to the city."

Commissioners will consider the ordinance at their regular meeting at 7 p.m. Monday at city hall, 121 S.W. Flagler Ave. in Stuart

 

A project developer with fans

Don Whyte is just about to change Bexley Ranch forever. But his past gives him currency - and the benefit of the doubt.

By CHUIN-WEI YAP
Published June 25, 2006

In the sunny cradle of a Florida morning, the 7,000 acres of Bexley Ranch are a pause in Pasco's frantic pulse. A flock of sandhill cranes wheel low in languid flight, past cattle herds, miles of cypresses and the purple-headed bayonets of bull rushes in bloom.

New houses nip at its southern edge, and the Suncoast Parkway is a distant throb to its west. But hemmed in the heart of development country, Bexley Ranch may at least save some of its grace.

"We're going to keep 50 percent of it intact," Don Whyte said.

The 52-year-old head of Newland Communities' southeast operations says this as his Cadillac Escalade shivers through an unpaved road on the ranch where Whyte plans to develop 7,000 homes, 540,000 square feet of offices, 206 acres of parks and three schools.

The proposal is still in the planning stages and is about to enter rezoning hearings.

As he crafts it, the man behind Hillsborough County's Tampa Palms, FishHawk Ranch and MiraBay draws on the memory of his first development project, Lake Midnapore in Calgary, Alberta.

"It was open farm field," he said. "We constructed toboggan hills, vegetated it like a forest, created natural features from scratch. We planted more trees ... I thought that was spectacular."

* * *

Bexley Ranch's sheer size carries an ecological significance that must influence how it is developed, environmental activists say.

The question so far is its impact on flooding.

The Anclote River ribbons through the 100-year floodplain that Bexley sits on before spilling into the Gulf of Mexico.

The Bexley proposal includes a 176-acre wildlife corridor along the Anclote River and a 1,433-acre green-way belt with walking trails and bike paths.

Bexley's county development order shows 86 acres of wetlands - less than 5 percent of its total - would be impacted. The order commits Newland to avoid "Category I" wetlands, meaning those connected to natural water bodies or the Floridan Aquifer, a major source of groundwater.

But, for its staggering size, the proposed development has so far not attracted fire from environmental concerns the way others have, for example, the Richard E. Jacobs Group's plans to remove 55 acres of wetlands at its Cypress Creek Town Center project, and Standard Pacific Homes' attempt to dig a 40-acre pit at the Ashley Glen proposal south of Bexley.

So far, Whyte enjoys the benefit of the doubt among environmental interests.

"I met with Don Whyte to talk about the size of his project, to ask him what steps he's taking to build within green infrastructure," said Jennifer Seney, executive director of Pascowildlife. "As far as I'm concerned, with Don Whyte or Newland, nothing's developed to an issue level. There wasn't much for me to do that he wasn't already trying to do. For a corporation of that size, they do have a green sense. I would rather have Don Whyte and Newland develop all of Pasco than half a dozen others that I won't name."

* * *

For a guy who takes helicopter ski vacations in British Columbia and wears faux snakeskin shoes, Whyte grew up in what he describes as a background of modest means in Calgary.

His father was an accountant turned Mobil crude oil trader, and his mother worked first as a day care center operator, then as a legal secretary.

It was during his college days at the state University of Calgary, as a civil engineering undergraduate, that Whyte became struck by Calgary's boomtime opportunities.

"I thought, gee whiz, you can actually shape this," he said. "You can actually name the roads and build the golf courses."

He took on an array of development-related stints, from testing materials to paving parking lots in schools.

At 31, two years after moving to the United States, Whyte settled in Florida to helm Tampa Palms, at the time the region's largest residential community.

"At the time, no one had done something on that scale," he said.

Next came FishHawk Ranch, where Whyte passed an unexpected test.

* * *

In 2003, traffic problems cropped up at Newland's FishHawk Ranch, a 7,500-home development in Brandon, whose community center entrance sits directly across from Bevis Elementary School.

When Whyte met county and school officials, he offered solutions at Newland's expense, one Hillsborough School Board member recalled.

"I think he should be the poster developer on how to work correctly with government agencies to build communities," said Jennifer Faliero. "He should formula it and package it."

But despite its reputation as an environmentally sensitive developer, California-based Newland Communities has not escaped controversy.

In Montgomery County, Md., Newland's Clarksburg Town Center was built in apparent violation of height and setback requirements, amid a slew of other traffic and occupancy-permit problems.

When asked about Clarksburg, Whyte said Newland took over the property from the developer, Terrabrook. As head of southeast operations, Clarksburg was never under Whyte's charge. Still, he acknowledged that the company failed to listen closely to residents there.

In central Pasco, Octavio Blanco, the northern end of whose 100-acre property butts up against Bexley's southwestern corner, has a more jaded eye.

Blanco has spent nearly three years and thousands of dollars fighting Standard Pacific Homes' efforts to dig a sand pit that may drain wetlands on land Blanco owns next door.

He wants to know that Whyte's plans won't also affect his swamp.

"He's cordial," Blanco said of Whyte. "Says he wants to work things out. But everybody starts out that way. They say they want to move trees and save stuff. It's a wonderful thing if it's true. I'm not positive or negative about them, but it sounds like they are being proactive."

* * *

At Bexley Ranch, the idea is to "re-naturalize" the streams.

Cattle grazing altered the water network that criss-crosses the pastures' wetlands, Whyte said.

"It's very difficult to bring the streams back to exactly what they were," he said. "But we'll return them to the manner they were, where there's tree cover around them, and we'll put walkways along them to allow public use, as opposed to just walkways along the road network."

As part of the Bexley deal, Newland will also pay $78-million for road improvements, including widening part of SR 54 and building most of Sun Lake Boulevard, a new north-south road linking SR 52 and SR 54.

For those like Blanco, the jury is still out on whether Bexley will remain an oasis of calm.

For Whyte, it comes back to the Clarksburg experience.

"The lesson learned from that is that you can never fully tell what the issues are," he said. "The best thing is to talk to people and always work with residents."

Chuin-Wei Yap covers growth and development in Pasco County. He can be reached at 813 909-4613, or e-mail cyap@sptimes.com.

Growing Strains

Some Homosassans are urging opposition to a resort's expansion, setting the stage for a standoff with the county.

By BARBARA BEHRENDT, Times Staff Writer
Published June 25, 2006

HOMOSASSA -- Over the past several years, Homosassa residents came together to adopt a vision of what they wanted growth in their community to be like.

They helped devise the Old Homosassa District Overlay, a set of development rules embracing the old fishing village's rustic charm and Florida Cracker lifestyle.

But as the first major project since the approval of those overlay rules has moved toward acceptance, the harmony seen in the past has dissipated like a mist rising from the Homosassa River on a humid dawn.

The Homosassa River Alliance last week issued a Homosassa Citizen Alert urging all residents in the Homosassa and Homosassa Springs areas to inundate county officials with their concerns about the proposed expansion at the Homosassa Riverside Resort.

Owners propose leveling all buildings on the east side of the main entrance road and replacing those offices, commercial structures and rooms with 72 motel suites in buildings of three stories over parking, and 15 regular motel rooms in two stories over retail.

The alliance's call for action urged residents to come out to a planned July 11 public hearing before the County Commission to express their concerns that the height of the buildings won't meet the standard set in the overlay district rules.

But the alert also notes that the project would increase unit density beyond what is allowed, would tax limited road access and boat ramp usage, and would threaten water pressures in the area.

Not since the controversial Halls River Retreat project has the alliance used such a call for action to bring out opposition to a project.

"This should be the standoff here," said alliance member Jim Bitter, who argues that the project as proposed is just too much for the site.

While the final hearing and vote on the project has been slated for July 11, on Friday Carl Bertoch, attorney for the Riverside Resort, wrote a letter to county Development Services director Gary Maidhof seeking a delay until July 25.

Bertoch noted that he has had further discussions with the county staff concerning the overlay district rules. Some of those discussions revolve around the language in the overlay rules that describes and limits the number of stories allowed over parking for any future development.

Bertoch and county planners have been corresponding about the definitions of the term "stories" and what is meant by the phrase "lowest floor."

In addition, Bertoch's Friday letter states that he has not yet heard whether the county staff has determined whether the Riverside project even falls under the overlay rules.

The original plan for the expansion was submitted before the rules were adopted, but opponents say that the county's Planning and Development Review Board members never really had their first full discussion on the project until months after the rules were approved.

That is because Riverside Resort didn't provide enough information on the project at the first meeting. Planning board members didn't discuss much at that time other than asking for more details.

"We have not had the benefit of being made aware of such a determination having been made and we would request that, because of the importance of that issue, this matter be deferred until that ruling is made in writing, and because of the July 4 holiday, a reasonable time granted to respond if necessary," Bertoch wrote.

County staffers responded that they do not have a problem with the delay but will bring that issue before the county commissioners on Tuesday.

Riverside resort's managing partner Gail Oakes said she thinks that her project fits with Old Homosassa. She proposed leaving more green space by building higher. She also said that she can build as high as 50 feet in two stories over parking or three stories over parking.

If the commission doesn't allow three stories over parking, she said, she could just build a taller parking area for bigger boats.

Oakes said she thinks that the small group of people who oppose the project don't fully understand it. Some have criticized her expansion of boat docking areas but she said there are no expansions planned for boat docks.

By forcing her to cover more green area with buildings, Oakes said, "they lose and so do the common people. I'd have nothing to donate in terms of green space."

But Bitter argues that no rules would prevent Oakes from taking up whatever green space is left after the expansion with development in the future.

He also wants people to look at the condominium-owned resort suites not as hotel rooms, but as residences. Owners will be able to spend up to 180 days in their units; if there are two owners, he said, "I guess they never have to leave."

The River Alliance alert notes that this would be "an intense residential enterprise."

While current coastal high-hazard zoning would allow six units per residential acre, this project would instead translate into more than 11 units per acre.

Some in the Homosassa community have come forward to support Oakes and her project. Even Lewis Ranieri has written a letter supporting the project.

"I recently became aware of the redevelopment plans for the Homosassa Riverside Resort and I wanted to extend my support to you for proposing a waterfront project that appears to be river-friendly, aesthetically appropriate and environmentally conscientious," he wrote.

Ranieri's support is curious to some in the River Alliance group. He was their savior when they fought the Halls River Retreat project.

Alliance member Bitter said he thinks Ranieri got all his information from Joanne Bartell, wife of County Commissioner Gary Bartell. Bitter also said the Bartells are friends of Gail Oakes and her husband, Phil.

Bitter worries that Bartell will side with the Riverside owners because of that connection.

Mrs. Bartell said she hasn't talked to Ranieri in awhile and has not talked to him about the project. She also said that she and her husband see more of Bitter and the River Alliance members than they do of Oakes.

Bartell himself cannot comment on the issue or have others talk to him about the issue because the hearing is quasijudicial. He must base his decision strictly on what he hears in the upcoming commission meeting.

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

A Grass Act

Published: Jun 25, 2006

DADE CITY - Anyone who has toiled to create an appealing lawn or pasture ought to appreciate the labors of the Meltons and the Hancocks.

The families operate the two remaining grass seed companies based in Pasco County. Their operations step into high gear this month, harvesting Bahai grass, millet and other seeds for yards, farms, government lands and roadsides.

"A lot of the seed that we harvest is used by people in their yards," said Steve Melton, who works with his two brothers and nephew in the family business his dad, Jack, started in the 1950s.

Making grass grow in the sunny South - it sounds so simple. Not so, though.

To start with, no one has enough open land to grow all the Bahai grass Floridians need. So the Hancocks and Meltons negotiate with ranchers throughout Central Florida for use of selected pasturelands. The landowners permit the seed producers to mow their pastures for an equal share of the seed crop.

Just getting to work can be a job for seed producers, who truck their combines as far as Arcadia.

Farmers spend hours behind the wheels of their combines, which mow the grass and separate seeds from the blade.

They race to harvest the seeds before the summer rains.

"The thunderstorms shatter the seed," Melton said.

Then the seeds are brought back home for drying and processing.

Harvesting can last through September, depending on the weather and the type of seed being harvested. Oats are ready first, then Bahai grass, which provides a bulk of the seed producers' business; other varieties, such as millet, ripen later.

The harvest companies bring in extra workers during the summer season. Even still, work weeks can last 80 or 90 hours.

"Finding adequate help is tough," said Chris Hancock, 27, who is taking over the family business from his parents, Francine and Richard. "You can only employ people for two to three months a year."

The quality and size of the harvest, which determines the selling price, depends largely on the weather. Farmers never know how things will go.

"This is what makes farming interesting," said the 57-year-old Melton. "We have no clue" - even after decades in the business.

The Hancocks and Meltons sell wholesale to seed distributors. The seeds end up in garden centers, often under the Pennington brand.

Hancock Seed also sells directly to customers out of its Blanton warehouse. This year, Chris Hancock created a Web site, www.hancockseed.com, to reach more customers. By eliminating the middle man, Hancock can sell its seed cheaper: A 10-pound bag of Argentine Bahai - a variety recommended for lawns - is priced at $35 on the Hancock Web site, compared to about $68 at Lowe's Home Improvement. Shipping costs extra.

Once the companies get their seeds to market, they face another challenge: competition from trendier grasses. Bahai grasses and related blends from South America took hold in Florida because they are drought-resistant and require little maintenance. They also proved to be a good food source for cattle and horses.

But St. Augustine grass has become more popular with home builders looking to grow lush lawns.

"It's a high-quality turf look," said B. J. Jarvis, director of the Pasco County Cooperative Extension Service.

St. Augustine takes much more water to maintain, though, and recent watering restrictions have forced some homeowner associations to look more favorably at Bahai, Jarvis said. St. Augustine grass, which only comes in ready-to-lay sections of sod, also costs more than Bahai seeds.

COMPARING LAWN GRASSES

Bahai

Perennial. Comes in seed or sod, so it can be more affordable. Requires little watering and is shade-tolerant. Resists most pests, though mole crickets can damage it. Makes a softer play surface for children and animals. Goes dormant in the winter.

St. Augustine

Perennial. Comes only in sod, so it costs more. Considered more attractive because it produces a thicker lawn, with broader blades. Requires more watering. Not all varieties tolerate shade well. Susceptible to cinch bugs and fungus.

Source: B.J. Jarvis, Pasco County Cooperative Extension Director

Contact Jo-Ann Johnston at jfjohnston@tampatrib.com or (353) 521-3062.

Quaint & Quiet

Published: Jun 25, 2006

MOUNT DORA - It's easy to imagine Mount Dora as the backdrop for a movie set in small-town America.

Magnolias and old oaks shade neighborhoods of homes built in the '20s and '30s, back when yards were bigger and houses had front porches.

White picket fences and honeysuckle hedges march from yard to grassy yard. Behind them, hammocks swing from trees, cats nap, and kids don't think to lock their bikes.

Townspeople think nothing of walking to breakfast, lunch and dinner and to Lake Dora in the heart of town to watch sunsets. Every evening, they stream to the Lakeside Inn's wide front porch to toast cocktails to the sun going down over the 4,200-acre lake.

At a nearby park, others gather by the lake to watch the sun sink in a salmon sky.

As if on cue, a chubby kid sings "I wish I were an Oscar Mayer wiener" at the top of his lungs. The girl he's with bursts into a fit of giggles. Just then, two white geese rush across the park to follow two women down the sidewalk.

"I had one follow me home one day," one of the women tells her friend. "He ended up in my garage!"

Life in this Central Florida town of 9,500 seems a tad slower than in many parts of more urbanized Florida. People take time to chat, linger over lunch, watch sunsets and speak to strangers.

"Nice skirt!" a man wearing a billowing work apron yells to a woman as he rides past her on his bike. "Really nice!"

Rather than act wary, she smiles and thanks him.

Some locals moved to Mount Dora for those small-town charms. Others came to get away from more populous parts of Florida - Orlando, West Palm Beach, Fort Lauderdale - and they pray Mount Dora won't become like them.

"I moved from a glamorous spot to a little hamlet for peace and quiet," says a retired lawyer who moved to Mount Dora from Fort Lauderdale in 1992 and has no regrets. "It got to the point where I was afraid my car would be stolen when I stopped to get gas."

Not here. Now, he can walk safely to restaurants, to the Lakeside Inn for sunset cocktails, to shops and to his friend's antiques store, seeing people he knows along the way.

"I have a feeling of community. That's the reason I moved here," he says. "And, for a village, we have some very good restaurants and a lot of activities. Our art festival in February has some of the same artists that go to festivals in Fort Lauderdale and Winter Park. It used to be cornstalk dolls. Now it's art."

Where Everybody Knows You

The town's 20 festivals add to its sense of community. Plus, they bring in overnight visitors from all over the state, says Nancy Howell, who helped launch the Fourth of July Festival and owns the Coconut Cottage Inn bed and breakfast.

She moved to Mount Dora from Orlando in 1992 to get out of the "craziness" - her word - of living in the world's vacation mecca.

"It was just nice to get some peace and harmony in our lives," she says.

"People here may not like the name, but it is the Mayberry syndrome. When you go to the post office and to Publix, everybody knows everybody."

Visitors can experience that hometown feel in the shops and restaurants downtown, at the inns and bed and breakfasts, and at Renninger's Antique Center and Farmers & Flea Market on U.S. 441.

The best place to start is the old train station, at 341 Alexander St., where the Mount Dora Area Chamber of Commerce hands out free maps and travel guides and welcomes visitors with a sign promising, "Tourists treated same as home folks."

Downtown buildings look almost as they did in the early 1900s, giving the town a quaint Victorian air. Some shops specialize in Victorian decor and gifts. But all sorts of other things - from T-shirts that proclaim "I Love Mount Dora" to gourmet salsa and sauces - are sold in the dozens of shops.

Still Plenty Of Antiques

In the past 10 years, several antiques stores have closed and restaurants and gift shops have replaced them. But downtown still has some good antiques shops, especially Pak-Ratz on Donnelly Street (the main drag), which has an inventory of top-quality furniture, chandeliers, lamps, glassware and other collectibles.

Not far from downtown, Renninger's, one of the largest antiques centers in Florida, sells everything old and much of it of high quality. Thousands flock to its antiques extravaganzas three times a year, but there's plenty to buy on ordinary weekends.

Like the retired lawyer says, the town has many good restaurants, too. Locals highly recommend The Goblin Market Restaurant, 330 Dora Drawdy Lane, for its crab bisque, Asian-style duck, hoisin marinated pork, rack of lamb, cashew-crusted chicken and other items. Diners can eat inside amid modern paintings or under umbrellas in the shaded courtyard.

The Lakeside Inn's Beauclaire Dining Room, with the feel and service of an exclusive country club, describes its food as "American cuisine with a Dixie accent." That translates into tasty salmon cakes, homemade chicken pot pies, apple brown betty and chicken sauteed with roasted pecans, honey and bourbon.

The Lakeside Inn's roots go back to 1883, making it one of Florida's few remaining historical wooden hotels. One of its claims to fame: Calvin Coolidge and his wife spent a month there in 1930, after the president left the White House.

Victorian Bed-And-Breakfast Inn

Lately, the town has become well-known for its dozen or more bed-and-breakfast inns. Visitors driving into town can't help but notice Heron Cay Lakeview Bed & Breakfast, a 9,000-square-foot, Victorian-style gray clapboard beauty on a hill overlooking Lake Dora.

On two acres, it features seven rooms (three are suites) with plush bed linens, custom comforters and paintings by the famed Florida Highwaymen. Some rooms have fireplaces, four-post canopy beds and views of Lake Dora or of the inn's swimming pool and landscaped back yard.

Owners Margie Salyer and Randy Burgener moved to Mount Dora last year from Palm Beach Gardens to get out of the traffic and crowds and into a more peaceful lifestyle. They say most locals they've met have moved north from South Florida, too, from Naples and Broward, Dade and Palm Beach counties.

"We wanted to live in a smaller, quieter place," says Burgener, who grew up in Chicago but spent summers as a boy in Lake Worth. "We wanted to get away from all the growth, the influx. I like it here. I suppose it's like Lake Worth was 30 years ago."

To entice guests, they put those sentiments on their Web site, www.heroncay.com:

"When you want to 'Get out of Florida,' but only have a couple of days, come to beautiful, mystical Mount Dora," it says. It is "truly an escape to a place lost in time."

DIRECTIONS: Mount Dora is about 125 miles from Tampa and 20 miles from Orlando. Take Interstate 75 north to State Road 50 East. Go left on State Road 19 North, which leads to Old County 441 into Mount Dora. It takes about two hours.

INFORMATION: Call the chamber of commerce at (352) 383-2165 for lodging, dining and shopping information, or see www.mountdora.com.

INNS AND EATS: For a list, go to www.mountdorainns.com.

•For Heron Cay Lakeview Bed & Breakfast, 495 Old Highway 441, call (352) 383-4050 or go to www.heroncay.com.

•For Lakeside Inn and its Beauclaire Dining Room, call 1-800-556-5016 or go to www.lakeside-inn.com.

•The Goblin Market Restaurant, (352) 735-0059 or www.thegoblinmarketrestaurant.com; Dickens-Reed Books & Bistro, (352) 735-5950 or www.dickensreed.com; Pisces Rising, (352) 385-2669.

ANTIQUES: Renninger's Antique Center and Farmers and Flea Market is open every weekend on 117 acres at 20651 U.S. 441. It has antiques "extravaganzas" on the third weekend of January, February and November and antiques fairs every third weekend except in December. For details, call (352) 383-8393 or go to www.renningersflorida.com/.

Karen Haymon Long

DOWNTOWN HIGHLIGHTS

Piglets Pantry, 400 N. Donnelly St., sells bakery goods for dogs and all sorts of other doggie gear - collars, leashes and even hats with special dog ear cutouts touting the University of Florida and other universities.

Tierra Fina, 418 N. Donnelly St., sells hand-painted ceramics from Mexico, Portugal, Spain and other countries.

Instead of Flowers, 411 N. Donnelly St., specializes in barbecue sauces, teas, marinades, nuts and other goodies and gifts.

The Wow Factory, 134 E. Fifth Ave., features irreverent T-shirts - "It's been lovely, but I have to scream now"- as well as humorous cards, sushi dishes, frames and other gift items.

Dickens-Reed Books & Bistro, 145 E. Fourth Ave., treats bibliophiles to books as well as to tasty meals and bistro entertainment on weekend nights.

Contact Karen Haymon Long at (813) 259-7618 or klong@tampatrib.com.

Rare bear sighting draws crowd OCALA - It's not often you see a young black bear stretching, looking around and laying back in a tree with his feet dangling - especially in Ocala.

But on Saturday morning, that is exactly what people saw when a bear wandered from his natural environment.

The surprise visit startled Sheila Arnold, who owns a vacant building downtown. Arnold said she was was looking for one of her cats when she saw the bear.

"It ran up the tree, and I ran in the opposite direction," said Arnold, who called the police. "I feel sorry for that bear."

News of the bear spread quickly. One by one, gawkers gathered in the parking lot, staring, talking and admiring the bear. Bill Birdsall, who described himself as an animal lover, said a neighbor called and told him about what was happening.

"We have all kinds of wildlife, raccoons, possums, but I've never seen a black bear around here," Birdsall said. "Poor fella, it looks like he walked the wrong way."

Andrea Boliek, a biologist for Florida Fish & Wildlife Conservation Commission, said it's not uncommon for bears to travel up to 20 miles in a day. Typically, the ones who stray into human territory are like Ocala's temporary resident - a male about a year old, who weighs 150 pounds to 175 pounds. Though he's not of breedable age, the youngster was kicked out of his home by his mother because it's time for him to live on his own, Boliek said. The mother likely sent the young male away so that she could breed again, she said.

"They're the ones typically on the move, trying to find their own home. And, in doing so, they get into trouble."

Both Boliek and the commission's spokeswoman Joy Hill, think the lost bear may have traveled in the cover and concealment of the dark.

"It's highly unlikely that he was here for any length of time because people would've seen him," Boliek said.

Hill and other commission employees did not want to create any undo excitement around the bear for fear he might be spooked. A man, who was using a leaf blower close by, was asked to shut it off.

At 1:10 p.m., the bear, appearing bored, slowly made his way down from the tree and went into some thick bushes. Five minutes later, a heavy rain came down and scattered what was left of the gathering.

Hill said she believed once darkness fell, the bear would leave for home.

Up to late Saturday night, it was not known if the bear had left his new found camp ground, or if he just walked off in the night, without anyone noticing him.

"We are not concerned that this will be a safety risk. The bear will do his best to avoid people," Hill said, adding that people should just stay clear of him.

 

Supreme Court OKs planning amendment likely for the 2008 ballot


TALLAHASSEE, Fla. (AP) -- A revised citizens initiative that would give voters the final say on where new homes, roads and other development should be allowed received the Florida Supreme Court's approval Thursday to go on the ballot but probably not this year.

Florida Hometown Democracy, the group sponsoring the proposed state constitutional amendment, missed a Feb. 1 deadline for submitting enough signatures - 611,009 - to get on the ballot Nov. 7, but it would be eligible for the 2008 ballot.

The group has challenged the deadline in Circuit Court, but even a favorable decision certainly would be appealed, said Hometown Democracy lawyer Ross Burnaman. Another problem is that only 69,317 signatures have been obtained.

"In all likelihood it's improbable that we will make it to the ballot this year," Burnaman said.

The Supreme Court last year rejected a similar proposal because the ballot summary was misleading and used "emotional rhetoric" by referring to Florida's natural resources and scenic beauty, but the justices unanimously ruled the revised version corrected those mistakes.

The Florida League of Cities, Florida Association of Counties and Florida School Boards Association opposed the proposal. It would require voter approval for new local land use plans and amendments to such plans.

The opponents are worried it would block the construction of new schools and other needed public facilities.

"It comes as close to totally stopping growth in the state of Florida as anything we're going to face," said School Boards Association executive director Wayne Blanton. "We will be forming a coalition to oppose the amendment."

The high court did not address the merits of the proposed amendment but focused on whether it meets criteria for getting on the ballot by addressing no more than one subject in clear and unambiguous language.

The opponents argued the terms "local government," "comprehensive land use plan" and "local planning agency" are ambiguous and misleading.

The justices wrote in their unsigned opinion that those terms cannot be challenged because they were used in the previous proposal and no one objected to them in the first case.

They wrote that citizen initiative reviews are intended to let proponents remedy any flaws and that the fact they found a problem only with the first sentence of the ballot summary indicated they implicitly had rejected other challenges.

"To hold otherwise would allow serial attacks on a proposed amendment, thwarting a proponent's efforts indefinitely," the justices wrote.

Having said all that, though, they still addressed the objections and found them to be meritless.

Blanton said his group would try to enlist builders and businesses to oppose the amendment. Officials with the city and county groups have not yet decided whether to participate.

"It's a tough thing to oppose when you are talking about the power of the people to vote," said Association of Counties spokeswoman Kriss Vallese.

The Lake is Dry

LAKELAND -- After more than a week of losing water to what may be four sinkholes -- where fish and turtles were gobbled in dramatic gulps -- Scott Lake is now little more than a stinky, puddled beach.

"The lake is dry for all intents and purposes," Rick Powers, president and CEO of BCI Engineers & Scientists, said Thursday.

It has taken nearly 10 days for the 285-acre lake, which is ringed with the Who's Who of Lakeland's bestknown businessmen and executives, to drain.

Powers, whose company has been working with homeowners on the exclusive lake, said Thursday there is still residual water in the lake, with about 10 to 12 feet near the biggest sinkhole along with pools of muck and water that are inches to about a foot deep.

The vanishing lake left boats stranded, a buffet of dead fish for wading birds and traffic concerns for the Sheriff's Office as the receding banks brought gawkers with cameras to its westernmost shoreline.

On Pier Place Drive, where a dock and gazebo were consumed last week, more land has dropped into the lake to form a cliff hundreds of feet wide. Two of what now appear to be four sinkholes are located where residents first noticed changes in the lake. One sinkhole is located to the east. Another is suspected to be at play somewhere else in the lake.

Only one home has been severely damaged since the sinkholes began appearing. But the sand revealed by an exposed lake bottom is riddled with cracks.

Yellow caution tape and "no trespassing" signs have become the latest trend in Pierpoint, the gated South Lakeland community betrayed by nature.

What was left of the lake turned into riverlets this week in a race to the biggest sinkhole.

Powers said the sinkhole consumed "as much water as was available."

Then its ravenous appetite sucked muck, sediment and wildlife, all of which has provided the fill for a sort of cap.

"It looks quiet," Powers said. "It's choked itself off, to some degree."

So for now, Scott Lake is on hold.

"It's inactive right now, but we're not sure if it will reactivate," said Powers.

He said it will be next week before it is safe enough for scientists, engineers and workers to investigate the lake and its problems.

Although a more humble sinkhole was good news Thursday, residents were still concerned about what might happen next.

"You never know how big this is . . .," said Nicky Longtin, staring down at two-by-fours stuck in the muck and dead fish.

"I sleep," she said. "But there's still that thought in the back of your mind. You never know. We sleep fine. But if we hear anything, we're going to get up and run."

Scott Lake could fix itself and simply fill back as Lake Morton is expected to do this summer after a construction-induced drawdown.

Or the current watery truce could end, and Scott Lake residents might have to look to an engineering solution such as filling a sinkhole with cement grout, clay or some type of barrier.

"It's an expensive fix," Powers said.

If the lake does not heal on its own, Powers estimated other options could cost "hundreds of thousands (of dollars)."

Restoring the lake will most likely fall to homeowners as it did in the 1970s, when the lake also lost water. Back then, homeowners drilled a well and pumped water into the lake until the lake gradually returned to its normal state. That effort took at least a year to accomplish.

Scott Lake has been a private lake since the county lost its lease to a boat ramp on what was the only public access in 1979.

The county has been monitoring the sinkhole dilemma from a public safety standpoint to make sure houses are safe. It has no plans at this point to help resurrect the lake.

The Southwest Florida Water Management District also has no plans to correct the problems in Scott Lake. It is currently serving as a liaison between homeowners and Florida's Department of Environmental Protection.

Under state law, the DEP owns the bottom of the lake and any fixes would require its approval.

The DEP sees its role as a regulatory agency that issues and enforces permits. But would the DEP help pay for a Scott Lake restoration?

"I have never heard of any funds going toward something as similar as this," spokeswoman Pamala Vazquez said Thursday.

But routines continue, despite the brutish sinkhole on the south end of the lake that has eaten at least one alligator.

Gary Radsick, a landscaper, continued to make sure the grass around the dangling boat ramp got mowed.

"You've got to keep it up." Radsick said. "You know these people around here. It's the day to cut. If I don't get it done, it'll look like a jungle."

"I really believe that this lake (will come back)," Franco said. "It will take a while. But the people here are not going to let it go.

"In the end, people will come together -- have to chip in (our) fair share and try to bring this lake back," she said. "I don't know how many years, but I'm sure in the end we will recoup this beautiful lake. We can't afford to let this nature go."

Radsick, though, was careful to avoid cutting too close to the caution tape. And he tried to be sympathetic to his crew that typically does not work near the aroma of dead fish.

"The smell is unbelievable," he said.

Longtime resident Hilda Franco said she's optimistic that the lake will return.

Diane Lacey Allen can be reached at diane.allen@theledger.com or 863-802-7514.

Plan to dredge sand from shoal halted

Palm Beach Post Staff Writer

Friday, June 23, 2006

Federal officials have pulled the plug on a plan to use sand off the coast of St. Lucie County to repair erosion on beaches about 100 miles to the south.

The U.S. Army Corps of Engineers decided last week to stop studying the proposal, which had called for dredging up to 1 million cubic yards of sand from the St. Lucie Shoal to renourish beaches in Miami-Dade County, corps spokesman Barry Vorse said.

Corps officials working directly on the project were not available for comment Thursday, and Vorse said he did not know why the agency had decided to stop studying the plan. But opponents were quick to claim victory, saying public outcry rung the plan's death knell.

"This is testimony that when people get together, they still can fight city hall and be victorious," said state Sen. Ken Pruitt, a Republican from Port St. Lucie who had vowed to fight the proposal "until the bitter end."

He and members of the Treasure Coast chapter of the Surfrider Foundation have gathered more than 4,000 signatures of opponents of the plan. The corps also received more than 100 official comments in writing, most of them negative, from local residents and state and federal agencies.

Officials with the federal Environmental Protection Agency, for instance, raised "significant concerns" in their letter to the corps about how the dredging could change the natural wave patterns around the shoal, a giant underwater hump about 3 to 5 miles east of the St. Lucie Nuclear Power Plant. The agency, which had called for the most thorough of environmental studies, noted that altering the shoal could "drastically reduce or eliminate" shoreline protection.

Opponents to the plan also complained that dredging the shoal would destroy important fisheries there, and the sand may not be compatible with the natural grains in Miami-Dade County anyway.

Officials there have said the St. Lucie Shoal was not their first choice for sand, but their near-shore sources are limited, since the continental shelf in Miami-Dade County is so narrow; sand that erodes from the beach quickly falls into areas too deep to dredge.

They considered a local upland source of sand, like the mine that produced the sand for St. Lucie County's 2005 dune restoration, but the cost was too high. They also looked at sand from the Bahamas, but federal law won't allow a foreign sand source until all domestic sources are exhausted.

Miami-Dade officials now are waiting for the corps to suggest other sources of sand, said Carlos Espinosa, director of the county's Department of Environmental Resources Management.

"Our greater concern is the long-term sustainability of this project," Espinosa said. "Miami Beach, South Beach, and so on — this has become a pretty famous area, so this is an area that is going to have a beach forever. But where's that sand going to come from?"

Temperature Study Gives Credence To Global Warming

By THOMAS H. MAUGH II and KAREN KAPLAN Los Angeles Times

Published: Jun 23, 2006

After a comprehensive review of climate change data, the pre-eminent U.S. scientific body found that average temperatures on Earth have risen by an average of about 1 degree during the past century, a development that "is unprecedented for the last 400 years and potentially the last several millennia."

The report from the National Academies of Science also concludes that "human activities are responsible for much of the recent warming."

Coupled with a report last month from the Bush administration's Climate Change Science Program that found "clear evidence of human influences on the climate system," the new study signals a growing acceptance in Washington of widely held scientific views on the causes of global warming.

The academies' review focused on the controversial "hockey stick" graph, which shows Earth's temperature rising abruptly to its highest point in 1,000 years after a long period of stability.

The panel dismissed critics' charges that fraud and error are responsible for the graph's sharp upward swing, noting that many studies had confirmed its essential conclusions in the eight years since it first was published in the journal Nature.

The finding was a rebuke to global warming skeptics and some conservative politicians who repeatedly have attacked the hockey stick as the work of overzealous scientists determined to shame the government into imposing environmental regulations on big business.

"There is nothing in this report that should raise any doubts about the broad scientific consensus on global climate change ... or any doubts about whether any paper on the temperature records was legitimate scientific work," said Rep. Sherwood Boehlert, R-N.Y., chairman of the House Science Committee, who requested the study last November.

Time For Action

Geophysicist Michael Mann, of Pennsylvania State University, lead author of the study that debuted the hockey stick graph, said it's time "to put this sometimes silly debate behind us and move forward to do what we need to do to decrease the remaining uncertainties."

Though scientists have documented global warming in myriad ways - including the melting of polar ice caps and measurements of atmospheric carbon dioxide - the hockey stick stood out for encapsulating the issue in an instantly recognizable way.

The graph shows a stretch of stable temperature lasting for 900 years that suddenly arcs upward in the past century, resembling a hockey stick laid on its side.

"It's a pretty profound, easy-to-understand graph," said Roger Pielke Jr., director of the University of Colorado's Center for Science and Technology Policy Research. "Visually, it's very compelling."

The graph actually drew little attention until it was highlighted in a 2001 report by the United Nation's Intergovernmental Panel on Climate Change.

After that, "the hockey stick was everywhere," Pielke said.

It also became an easy target. "If you are someone who's interested in critiquing climate science," he said, "the hockey stick would be a lightning rod."

Science Challenged

One attack came from Rep. Joe Barton, R-Texas, who last year launched an investigation of Mann and his colleagues. The chairman of the House Energy and Commerce Committee demanded information about their data and funding sources - an effort widely viewed as an attempt to intimidate the scientists.

The crux of the dispute is that humans have only had thermometers for 150 years. To determine temperatures before that time, scientists have to rely on indirect measurements, or proxies, such as tree ring data, cores from boreholes in ice, glacier movements, cave deposits, lake sediments, diaries and paintings.

Mann and his collaborators attempted to integrate data from many such sources to produce climate records for the past 1,000 years. Their report was laced with caveats and warnings about the uncertainties of their conclusions - caveats that were overlooked as the icon achieved more celebrity.

The panel affirmed that proxy measurements made during the last 150 years correlate well with actual measurements during that period, giving confidence that the proxies provide an accurate picture of earlier times.

They concluded that, "with a high level of confidence," global temperatures during the past century were higher than at any time since 1600.

Although the report did not place numerical values on that confidence level, committee member and statistician Peter Bloomfield, of North Carolina State University, said they are about 95 percent sure of the conclusion.

The report also says the panel is "less confident" that the 20th century was the warmest century since 1000, largely because of the scarcity of data before 1600.

The panel placed the least confidence in Mann's conclusion that the 1990s was the warmest decade since 1000 and that 1998 was the warmest year.

The use of proxies, they said, does not readily allow conclusions based on such narrow time intervals.

The report says that establishing average temperature before 1000 is difficult because of the lack of data but that the trend appears to indicate that stable temperatures could extend back several thousand years.

Bush Urges Gulf Drilling Compromise

Published: Jun 23, 2006

Gov. Jeb Bush gave his strongest comments to date for drilling in the Gulf of Mexico, appearing to step back from his previous position and join at least three other Florida Republicans who support a bill that would allow drilling for oil and natural gas off the state's coast.

A once-united delegation of Florida officials opposed oil and natural gas drilling in the Gulf of Mexico until last week, when U.S. Rep. Adam Putnam, R-Bartow, negotiated a bill that passed the House Resources Committee on Tuesday by a 29-9 vote. The proposed Deep Ocean Energy Resources Act is headed to a vote in the House of Representatives next week.

The bill, supported by some Florida Republicans but so far opposed by state Democrats, would lift a 25-year-old ban on drilling off Florida's coast.

It would keep the drilling at least 50 miles from the sandy beaches that are the keystone of the state's $50 billion tourism industry. It also gives the Florida Legislature the power to expand the ban on drilling to 100 miles off the state's coastline and to determine whether the drilling moratorium remains.

Bush said Thursday that officials should "craft a compromise" that protects parts of the Gulf and the Atlantic Ocean outside an area known as "Lease Sale 181." He said Congress appears set to allow drilling in Area 181, about 300 miles from Florida's coast, by 2007, so this is not a time for political posturing.

Instead, officials must come up with a consensus on protections from drilling for oil and natural gas in other parts of the Gulf.

"If that can happen and there's at least 100 miles of protections - permanent in the sense that the state would make the determination of continuing to have a moratorium there - then I think that would be a win," Bush said.

John Hambel, Putnam's chief of staff, said the representative supported a 125-mile ban last year that failed. So, it's no surprise that Putnam negotiated the proposed legislation with the House Resources Committee.

"He believes it is up to Florida to do its part to not only be an energy consumer but also an energy producer," Hambel said.

Kathy Castor, a Hillsborough County commissioner who is one of eight people seeking the District 11 House seat, joined the National Resources Defense Council and the National Outer Continental Shelf Coalition on a conference call Thursday to oppose the Deep Ocean Energy Resources Act.

The Tampa Democrat called the bill a "dire economic threat" to Florida. "Big oil holds too much sway in the halls of Congress, and Congress is on the wrong track to solve our energy problems," Castor said.

Citizens To Limit Sinkhole Coverage

By RANDY DIAMOND The Tampa Tribune

Published: Jun 23, 2006

TAMPA - Citizens Property Insurance Corp. announced Thursday that it plans to end coverage for screened swimming pool enclosures and limit coverage for sinkhole damage.

The sinkhole coverage changes - which must be approved by state insurance regulators - present a mixed scenario for homeowners in Pasco and Hernando counties, where a lot of sinkhole claims have been made to Citizens. The company paid $60 million for such claims last year, primarily in the Tampa Bay area.

Citizens' proposal for limited sinkhole coverage would mean potentially smaller rate increases. But such rate relief wouldn't come until 2007 or 2008, depending on when homeowners covered by Citizens renew their annual coverage. That delay may be the last straw for many policyholders in Pasco and Hernando who already have seen premium increases of 100 percent or more in the past year and face another jump in the fall.

Sinkhole coverage would be reduced to nothing under the proposal unless policyholders paid an extra fee to buy back limited sinkhole coverage for up to $50,000.

"This is the only way to give folks rate relief," said Paul Palumbo, Citizens vice president of claims.

Citizens has not released specific rates for the optional sinkhole coverage, and it has not said what the cost will be for a policy without sinkhole coverage. The company hopes to figure out the new rates by September and implement them by March.

Douglas said the savings "would be significant" but that Citizens still was calculating the premiums under the various options of its plan.

Pool Enclosure Change Unique

Also Thursday, the state-sponsored insurer of last resort announced plans to end coverage for screened swimming pool enclosures. Citizens officials said such structures do not stand up well to hurricane winds and thus are uninsurable.

Citizens is thought to be the first insurer in Florida to propose ending coverage for pool enclosures. Some insurers have coverage limits, such as State Farm, which caps coverage at $15,000.

"We lost tens of millions of dollars replacing pool structures destroyed in the hurricanes," said Bruce Douglas, chairman of Citizen's board of governors.

The surprise announcements came at the insurer's board meeting in Orlando. The company said the new measures would help the insurer in its effort to stabilize rising rates for its 850,000 policyholders. Both plans are subject to approval by the state Office of Insurance Regulation.

Lost Houses Would Be Covered

The broad sinkhole coverage Citizens would eliminate is now a standard part of insurance policies in Florida. Instead, customers could either go without sinkhole coverage or buy optional coverage of $10,000, 25,000 or $50,000.

Despite the limits, the company noted that it still would cover a house being swallowed by a sinkhole - even for those who waived coverage for what is known as a cover-collapse sinkhole.

But the majority of the company's sinkhole claims - that Citizens officials say amount to nothing more than minor foundation cracks due to house settling - would not be covered unless optional coverage were purchased.

One advocacy group is not impressed with Citizens' latest proposals.

The insurer's plan comes a little too late for help, said Barbara Polsky, a founder of the Homeowners Against Citizens organization and a Port Richey homeowner.

"People will be losing their homes before the end of the year," she said. "We can't afford the rates now."

Polsky, 64, and her husband, Harold, saw their Citizens rates double at renewal time in November from a little above 1,000 to more than $2,000.

Polsky said the couple can't pay the high rates on their modest one-story house, a situation faced by many in Pasco County.

She said she is retired and her husband makes $13.20 an hour as a customer service representative at Home Shopping Network.

Polsky said she is dreading her new Citizens bill this fall.

"We will be forced to move out of the state of Florida by the end of December," she said.

Contact Randy Diamond at

rdiamond@tampatrib.com or (813) 259-8144.

Investors Drive Mortgage Rates To 4-Year High On Inflation Fears

Published: Jun 23, 2006

WASHINGTON - Mortgage rates rose this week, with 30-year mortgages climbing to the highest level in more than four years on investor fears about inflation.

The mortgage company Freddie Mac reported Thursday that rates on 30-year, fixed-rate mortgages rose to a nationwide average of 6.71 percent, up from 6.63 percent last week.

It was the highest level for 30-year mortgages since they averaged 6.76 percent the week of May 31, 2002.

The housing sector is slowing this year under the pressure of increasing mortgage rates after five boom years powered by the lowest mortgage rates in four decades. Analysts are predicting that sales of new and existing homes will decline by more than 10 percent as higher mortgage rates make homeownership more costly.

A variety of mortgage types saw rates increase this week, gains attributed to growing worries about inflation and the likely reaction to those concerns at the Federal Reserve.

The Fed meets next week, and financial markets view it as a virtual certainty that the central bank will boost rates for a 17th consecutive time.

"Financial markets believe that the current rate of inflation is above the Fed's comfort zone, which will lead to more rate hikes in the near future," Frank Nothaft, Freddie Mac's chief economist said.

Nothaft said markets are not only expecting a rate increase in June, but also there is growing concern the Fed will raise rates in August.

A year ago, 30-year mortgages averaged 5.57 percent.

Building Influence: Industry Holds Sway In Hillsbrough County

By MARK HOLAN The Tampa Tribune

Published: Jun 23, 2006

TAMPA - Imagine being able to negotiate the fees you pay for water and garbage service.

For years, the building industry in Hillsborough County has played a big role in deciding how much it pays in permit fees to the county for the cost of reviewing designs and inspecting home sites.

"There's been a culture, or practice, of the industry having more input in the budgets," said Bruce McClendon, director of the county's Planning and Growth Management Department. "I'm not saying that's wrong. It's just different than most places."

Recently, a county auditor told commissioners that Hillsborough lost $2.6 million in fiscal 2005 because the permit fees had not been raised since 2002. The lost revenue meant fewer inspectors could be hired at a time of unprecedented growth in the county.

The county is considering increases in the fees and is re-evaluating the influence builders have over fees and other matters related to how the county regulates the building industry.

Permit fees charged to the building industry pay to fund the county's Building Services Division. McClendon said the county rarely has asked builders to pay more than the bare minimum.

"We self-imposed ourselves with the smallest amount to get by on," he said. "I fault us. I fault the bureaucracy."

Bernardo Garcia, a former assistant county administrator of development and infrastructure, said the Tampa Bay Builders Association has been involved with the wording of ordinances and in hiring decisions involving the building division.

"They would get involved whether you wanted them or not," said Garcia, who retired in March.

With 1,800 members in Hillsborough and Pinellas, the TBBA is the second largest builders group in Florida and among the largest in the nation. Joseph Narkiewicz, the association's executive vice president, said there's nothing unusual about the industry's relationship with the building division in Hillsborough.

"It's a relationship between the regulated industry and the regulators," he said. "There's no such thing as a cozy relationship in that regard."

The cost of permit and inspection fees and other impact fees typically is passed along to buyers, and Narkiewicz said that's why builders want a say about the fees and other regulatory decisions.

"It's in our interest to make sure the final product is affordable," he said. "New regulations and fees drive up costs; then people wonder why there's an affordable housing crisis."

New Director

In the fall, Garcia and McClendon say, the Builders Association asked to participate in the hiring of a new director for the Building Services Division, which assesses the permit fees. They said the request was denied.

Jerry Sparks, who got the job, soon noticed the county had lost millions of dollars because it had failed to update permit fees since 2002.

Building permit fees are charged to pay for plan examiners, construction inspectors and other costs associated with regulating the building industry. The fees are calculated based on construction values and home size and can range from a few hundred dollars to several thousand dollars.

The fees generated $19.1 million last year, up from $15.1 million the previous year, and the number of permits being processed increased to 138,822, up from 109,889.

To contend with that growth, the builders supported a county plan last year to add 21 positions to the Building Services Division.

Instead of raising rates, the county and builders agreed to rely on a reserve fund created by the fees, then began arguing over the appropriate size of the reserve as the fund dwindled more quickly than expected.

County Administrator Pat Bean said she wasn't aware the fees had been stagnant since 2002 until Sparks proposed an increase and she began hearing complaints from builders.

"I still don't know why they weren't updated," she said.

Dave Ford, who held the job before Sparks, did not return calls.

Builders and county officials are meeting periodically to discuss the fees and other issues in dispute. In the meantime, five of the 21 positions requested last summer remain open, contributing to a work backlog.

Bean said builders don't have any undue influence over the county's building department.

"I wouldn't say the builders were controlling the decisions," she said.

Differing Relationships

Neighboring counties work with builders in different ways.

In Pinellas County, building permit fees have increased 10 percent each of the past five years, said Jack Tipton, assistant director of the building department.

"We've never had any input from the builders, and they don't seem to complain," Tipton said. "They realize that costs are going up."

Pasco County hasn't changed its fees since 2001. Polk County plans to update its permit fees for the first time in about two decades, said John Hall, the county's building division director.

Hall said a consultant is being hired to review the charges and make recommendations. He said builders will have input on the consultant's recommendations.

"It is their dollars that pay for the service," Hall said. "Because we know the homeowner is ultimately the payer of the fees, we don't want it to be unduly high."

There are signs that Hillsborough is beginning to distance itself from builders.

In addition to the discussion about raising permit fees, county commissioners have signaled they are ready to increase the impact fees homebuilders and developers pay for new schools associated with growth, and staff regulators are enforcing tougher rules on stormwater retention associated with development.

"I feel the relationship has become more adversarial," said industry veteran Jim Lee, president of Sabal Homes Inc.

On the other hand, a TBBA representative was on the committee that hired a replacement for Garcia, the former assistant county administrator, and the group reviewing the fee rates will have four builders and three county officials, including Sparks. That group will make a recommendation on permit fees to the county commissioners, who have the final say.

McClendon said it's important to maintain good communication with the industry.

"We don't want to steamroll the builders," McClendon said. "We want a partnership."

Contact Mark Holan at (813) 259-7691 or mholan@tampatrib .com.

The River's Health Is Necessary Expense

Published: Jun 23, 2006

Mayor Pam Iorio clearly recognizes the value of the Hillsborough River. She wants the downtown Riverwalk to become the city's focal point.

Yet her administration appears reluctant to do what's needed to restore the health of the lower river. Tampa gets most of its drinking water from a river reservoir, and during dry months the city virtually cuts off freshwater flow below the dam, though that cleansing flow is essential for fish and wildlife.

Now the Southwest Florida Water Management District, which regulates water use in the region, is preparing to establish minimum flow requirements for the river. City officials are less than enthusiastic about the prospect of releasing more water downstream.

During a discussion of the matter before Tampa City Council last week, Tampa public works and utilities director Steve Daignault pointed out state law does not mandate the adoption of minimum flow levels and implied the district might want to forgo the standards.

The statute does exempt some water bodies from the minimum flow levels, but only if they have been so altered they no longer retain any natural function. That would not apply to the Hillsborough, which needs only its freshwater flow restored to function naturally. The city should drop such talk.

And while he said the city was open to compromises about increasing flow, Daignault insisted the water should not come from the reservoir, "which is vital to protect the health, safety and welfare of our citizens."

This too was an overstatement. Releasing reservoir water would reduce Tampa's drinking-water supply. But the city could buy more water from Tampa Bay Water, which supplies Pasco, Pinellas and Hillsborough counties. This might increase citizens' water bills a few dollars a month, but it wouldn't leave them thirsty or broke.

City officials, of course, should try to hold down costs as much as possible. If the city can find other ways to augment flow without harming the Hillsborough, that's fine. Possibilities include using spring water, diluted wastewater or water that's been stored underground.

But it's time the Hillsborough River was recognized as an asset that merits protection, not a channel for cutting costs.

COMMENTARY LAKE FRONT

Kids' essays show they grow into environmental activism

Lauren Ritchie
COMMENTARY

June 23, 2006

The best thing about the Ocklawaha Valley Audubon Society's essay contest is the candid observations of the kids who enter it.

They're a hoot.

The contest was this spring after third-, fourth- and fifth-grade students across Lake learned about "The Watery World of Waterbirds" from a nationally distributed Audubon Society "newspaper." The local chapter sponsored fundraisers to buy the materials, and about 400 teachers spent time during National Environmental Education Week instructing students on the topic.

Afterward, the kids wrote on the essay topic "My Favorite Waterbird."

Thousands of children competed, and the first-place winners in each grade got $50 and a trophy. All winners were treated to a boat tour of Lake Eustis and the Dora Canal for a close-up look at the birds they studied.

Through the essays, you can see kids try to get close to creatures that they'll probably never touch and which they often see only as the family van whizzes by a lake or retention pond.

Birdwatching, after all, is a subtle hobby. Participants have to enjoy the nuances, or it can be a drag. Topics without explosives often fail to grab the interest of the average elementary-schooler.

By the fifth grade, however, students start to become activists. It's cool to watch the transformation from observer to participant.

Third-grade winner Jessica Chimento of Tavares Elementary started her essay by noting that all waterbirds are "awesome," but she chose the great blue heron as her favorite.

"It has nice long brown legs that makes it just about my size," she wrote.

While Jessica admires the heron, which can be can top 4 feet with a 6-foot wingspan, she's satisfied just watching.

"Blue herons eat fish, frogs and many other things. I wish I could have one as a pet, but I don't want to feed it frogs and fish," she wrote.

Yich. She's got a point.

The fourth-grade winner researched why the pied-billed grebe is classified as endangered in three Northern states.

"If you are speeding and driving your boat, you will probably destroy the pied-billed grebe's nest and disturb the breeding with your increased wave action," warned Mariah Shirley of Pine Ridge Elementary in south Lake.

She likes the grebe because it has a "cute" beak and "gorgeous green legs."

"This world would be very different without a pied-billed grebe . . . If we don't have a pied-bill grebe, the world would be a less beautiful place and very dull," Mariah wrote. "I hope you can enjoy the beauty of the pied-billed grebe as much as I do!"

By the fifth grade, the tone of the winning entry had changed. The writer, Brianna Piasecki of Tavares Elementary, focused on solving the problem to help the long-billed curlew.

"There is a bright side to this. You can help these birds by simply saving water and protecting their habitat. So the next time you're brushing your teeth, try to turn the water off, and maybe you can take a shorter shower," she wrote.

"We also need to keep the habitats clean and free of pollution. Put trash in garbage cans! Together, we can make a difference!"

Lauren Ritchie can be reached at Lritchie@orlandosentinel.com or 352-742-5918.

Mall sues Zephyrhills in rezoning case

The owners say the city did not follow procedures in allowing commercial space across the street.

By CHUIN-WEI YAP
Published June 23, 2006

ZEPHYRHILLS - The owners of the Town View Center mall sued the city Tuesday for a rezoning decision that could bring in a potential rival across the street.

Town View's lawyers say the crux of the case centers not on competition, but on the city's accountability in following proper procedures, especially on traffic studies.

"I don't think one retail establishment can stop another properly accommodated establishment," said Hutch Brock, Town View's attorney and Dade City's mayor. "But I do think holding development accountable for its costs is what should rightly be expected."

City Attorney Joseph Poblick said he could not comment before receiving an official copy of the lawsuit.

Zephyrhills Retail, which owns Town View, has 17 acres on U.S. 301 and Pretty Pond Road, home to a Publix supermarket, a Blockbuster video store and a clutch of smaller stores.

The contested 65-acre Gore Dairy Supply property is across Pretty Pond Road. The rezoning would allow for its change from agricultural to 700,000 square feet of commercial space.

Among other complaints, Zephyrhills Retail said insufficient notice was given for the rezoning decision, and traffic studies were not properly introduced.

"One of the options is for the judge to say (to the city), "Go back and start over," Brock said.

The lawsuit may be one unexpected symptom of Zephyrhills' catching part of Pasco's boom.

As development applications backlog in county offices, mid-sized developers have been increasingly interested in Dade City and Zephyrhills because of faster city rezoning processes, real estate brokers say.

Article published Jun 22, 2006

A pristine, serene trip along the river

Leave the scenes and sounds of the city behind and settle into a kayak or canoe to commune with nature. This scenic journeywill take you on the Weeki Wachee,where marine life and wildlife are just around the bend.

By LOGAN NEILL, Times Correspondent
Published June 23, 2006

WEEKI WACHEE - Once summer arrives, most Floridians tend to disappear from the outside world, holing themselves up in air-conditioned cocoons as they wait for the heat and humidity to subside. If they do venture outside, it's usually in pursuit of the cool comforts that the beach or a swimming pool provide.

Sadly, the Central Florida outdoors is perhaps at its most beautiful during the months when folks are less likely to enjoy it. Many native trees and shrubs are at the height of their green splendor this time of year, and innumerable critters scurry about in the lush habitat.

All of which is why we North Suncoast residents should be thankful to live near such an environmental jewel as the Weeki Wachee River. Fueled by a 64-million-gallon-per-day charge from the Floridan Aquifer, the pristine waterway flows from its headwaters inside the Weeki Wachee Springs theme park through one of the area's most scenic wild spaces.

The only legal way to get on the northern stretch of the river is via Weeki Wachee Canoe and Kayak Rental, where, for about the cost of a ticket to an overhyped summer blockbuster movie, you can spend a few leisurely hours enjoying the wonder and beauty only nature can bring to the screen.

Since taking over the business in December, owners Lou and April Olivas have endeavored to make the river accessible for the seasoned paddler and novice alike.

"We get quite a few people who have never operated a kayak or canoe before,'' April Olivas said. "Fortunately, it's one of those activities where you can make a few mistakes without worrying much about the consequences."

True. Even if you have fairly limited physical capacity, paddling a kayak is a fairly easy endeavor once you get the hang of it. It's one of those activities that actually takes very little practice to get good at.

Once you plunk down your rental fee for a single-seat kayak $30, plus tax, two-person kayak or canoe ($38, plus tax), the Olivases' staff will assist you in launching the boat. The nice thing about the Weeki Wachee River is that it flows fairly steady its entire length. Most of the time you don't even need a paddle, except to steer.

There are, however, a few stretches where the water narrows into some tight turns - not too difficult for a solo paddler, but for two-person vessels it means having to do some work in order to stay out of the bushes.

The first hour of the journey is a dream. As you traverse the heavily wooded Weekiwachee Preserve, which is managed by the Southwest Florida Water Management District, you are unaware that bustling Cortez Boulevard lies just a few hundred yards north. Even on a hot day, the 74-degree water keeps you cool and comfortable as you slip quietly beneath the canopy of oaks, bay and cypress.

The abundance of wildlife that thrives along the sandy banks is amazing. You'll see lots of birds - egrets, hawks and ospreys - and it's not unusual to find otters popping their heads up or manatees floating beneath the surface. If you're quiet, they might even venture closer.

What you likely won't see are alligators and poisonous snakes. These critters don't like living in clear, spring-fed waters, preferring to reside in murkier confines where they can hide. If you do encounter them, they'll usually head in the opposite direction.

Later in the trip, the river flattens into a sparse scrub pine area on the southern edge of the Chassahowitzka Wildlife Management Area. Though still scenic, you won't find the cool shade of the journey's first stage. There are some beach-like spots where you can stop if you want to take in lunch or a swim, but be wary of venturing onto private property.

The final third of the 7-mile journey is something of a mixed blessing. The shady trees return, but at the cost of having to travel through a heavily developed area. In this stretch, you will likely encounter more people on the water than anyplace else. Most are friendly, though, and will give you plenty of room to maneuver. By the time you reach your pickup spot at the Weeki Wachee Christian Camp, you will be surprised how quickly three hours went by.

A few things worth considering:

First, don't bring anything you don't really need. The rental vessels, especially kayaks, have limited storage.

Snacks and drinks are okay, but alcohol is not permitted on the river. (There's a $148.25 fine for a single unopened beer.) And be sure to bring something to stow trash until it can be properly disposed of.

If you bring cell phones, cameras and other gadgets, be certain they're packed in water-tight bags and secured in case of a tip-over.

Finally, it's worth noting that most people consider river sightseeing a quiet leisure activity where they can get away from it all. Be considerate when you approach others on the river, and remember that excessive noise drives away shy wild creatures.

Logan Neill can be reached at lneill@sptimes.com or (352) 848-1435.

He's not quitting after all--again

A Yankeetown council member rescinds his resignation for a second time to assure a quorum for the embattled body.

By ELENA LESLEY
Published June 23, 2006

YANKEETOWN - In what is becoming another part of the saga of this embattled town, council member Roger Myrick has rescinded his resignation for the second time.

Myrick turned in a letter to Town Hall dated Monday.

"I feel it would be best for me to continue on the council so town government can function while Mary Pate takes time off to help her husband through his illness," Myrick wrote.

The council has been forced to cancel two recent meetings because of a lack of quorum. Only Pate, Glen Spetz and Dan Bowman remained on the council after Myrick and council member Diane Blomgren resigned May 11.

But Myrick rescinded his resignation a few days later, so the council could make quorum for a regular meeting May 16 because Pate was absent.

At the meeting, the three council members present voted to enter into negotiations with developers who want to build a controversial resort hotel on the Withlacoochee River.

Some residents questioned whether the vote was valid, since Myrick had written "effective immediately" on his original letter of resignation.

But Myrick and other town officials said the resignation was not effective unless accepted by the council.

"At this time, it is my understanding that no council action has been taken to accept the resignation submitted," Myrick wrote in his second letter to rescind the resignation.

A council meeting is scheduled for today at 7:30 p.m.

The Florida Department of Law Enforcement began officially investigating allegations of wrongdoing in Yankeetown Tuesday.

Elena Lesley can be reached at 564-3627 or elesley@sptimes.com.

Despite demolition, builder named to Lake Worth preservation board

Palm Beach Post Staff Writer

Friday, June 23, 2006

LAKE WORTH — A builder who accidentally demolished a historic house in Lake Worth was appointed last week as an alternate member of the city's planning and zoning board, which doubles as the historic resources preservation board.

Vincent DeVito, owner of Kingdom Construction Corp., was appointed by the city commission with a 3-2 vote. Mayor Marc Drautz and Commissioner Cara Jennings dissented.

DeVito will serve as second alternate, which does not allow him voting privileges unless two board members are absent.

Still, the appointment frustrates residents who are concerned that a builder will not take historic preservation into account when approving new development or restoration in the city's 11 historic neighborhoods.

"I want someone on the planning and zoning board that values historic homes as much as the public does," Jennings said. "To me, that (demolition) puts into question his appreciation for historic homes in the city."

In October, Kingdom Construction told the city it planned move a 1939 three-bedroom house from 209 S. Federal Highway to the corner of Third Avenue South and Federal Highway. Instead, the company demolished all five structures on the property.

After the incident, DeVito openly accepted responsibility and paid a $39,000 fine. He plans to open a 20-unit townhouse complex called Tuscany Square within a year.

Responding to his critics' concerns, DeVito said he applied to the board so that he could foster more-productive restoration that also would allow for new development.

"Preservation without restoration just leads to deterioration," DeVito said. "The code to date has been abused, in my eyes, to slow development."

"What I want to do is help re-create a code that is pro-restoration," he said, adding, "We have a code that doesn't provide for historic restoration."

Commissioner Dave Vespo, who voted for DeVito, said he believes in second chances.

"I know there are a lot of people who are upset about what happened in the past," Vespo said. "It was an accident and he paid the fine. I'm not going to hold it against him for life."

Vespo said he felt it was important to have a builder on the board as a person who is familiar with the city's codes.

"He is a builder in the truest sense of the word," Vespo said. "Nothing will go over his head or sneak past him."

DeVito was among four new appointments to the board, joining architect Edmond C. Le Blanc; former planning and zoning alternates Lisa Maxwell and Jamie Todd Foreman; and planning and zoning consultant Anne Hoctor as first alternate. They will start Aug. 1.

The appointments leave the board without a member with a strong historical preservation background.

That's why some residents and city officials are fighting for the separation of the planning board from the historical board.

"I really feel we need to separate those two," Mayor Marc Drautz said. "It's political and all tied to development.... I think that's way too unbalanced."

Others say the separation would simply create another layer of bureaucracy. The city is researching the feasibility of adding staff to separate the boards.

County can't decide on new Wal-Mart
Retail giant still wants to build
on old Sam's site on North Monroe

After hearing more than five hours of public testimony Thursday, a Leon County board couldn't decide whether to allow a proposed new Wal-Mart on North Monroe Street.

Wal-Mart asked the Board of Adjustment and Appeals to exempt the former Sam's Club site from regulations limiting new commercial development near Lake Jackson. New commercial development is limited to 20,000 square feet per building unless a waiver is granted.

But neighboring residents and the Friends of Lake Jackson group argued that Wal-Mart's proposed SuperCenter of more than 120,000 square feet doesn't meet waiver requirements. They said the proposed store threatens forested ravines behind the property and water flowing to the lake more than a mile away.

"Our position is this is the wrong project on the wrong site," Bob Pannell, who lives nearby on Glennis Court, told the Board of Adjustment and Appeals.

Some board members said they were unsure of the legality of the Wal-Mart request. They asked board attorney Harold Knowles to research the matter before the July 13 board meeting.

The Wal-Mart company operated Sam's Club from 1986 to 2004, when a new Sam's opened on Capital Circle Southeast. The closed Sam's covers 102,000 square feet, the company said.

In 2004, Wal-Mart proposed a 200,000-square-foot SuperCenter at the Sam's site. But the proposal was withdrawn after opposition arose because the store was to be built over the ravines.

Under the new proposal, the company would purchase the Folmar's Gun & Pawn shop site, the Northwest Branch YMCA and four smaller commercial buildings along North Monroe Street.

The Sam's Club, the YMCA and the other buildings would be demolished for the expanded store and new stormwater treatment ponds. Wal-Mart representatives said the new development would exceed stormwater treatment requirements for Lake Jackson.

The company also would buy and conserve the 20 acres of ravines. The new 24-hour SuperCenter, Wal-Mart representatives said, would be smaller than the combined size of the buildings that are being demolished.

"We are not doing any more than is existing on site today," said Nancy Linnan, an attorney who represents Wal-Mart.

She said Wal-Mart also had agreed to measures requested by residents, such as restricting lighting and noise from the site. But she said Wal-Mart would not agree to limit business hours or reduce the building size, which is about half the size of the Thomasville Road store.

Friends of Lake Jackson and other opponents said they would accept the new Wal-Mart only with those limitations. Attorneys for the opponents urged the board to deny Wal-Mart's request because they said any store of more than 20,000 square feet is not eligible for a waiver.

Board attorney Harold Knowles said he didn't buy the argument that only a 20,000-square-foot store was allowed. But he also said he wasn't sure Wal-Mart was eligible to build a larger building by purchasing and demolishing other buildings.

Board member Hank Rye said, "I don't think this legalese is set in my mind."

 

In their view, local scenes are naturally works of art

Paintings by Citrus artists will be on display through August in an exhibit that presents visions of the natural and man-made beauty here.

By JORGE SANCHEZ, Times Staff Writer
Published June 23, 2006

Citrus County has so many scenic places it's sometimes easy to take them for granted.

It's a good thing we have plenty of talented painters here who know a thing of beauty when they see one.

"History Rendered: Artistic Visions of Citrus County" features local landmarks as painted by local artists. Many of them, such as Marie Bellamy, have been painting here for decades.

This is a county full of beautiful rivers, lakes and backwaters. Take a bicycle ride on the Withlacoochee State Trail through Inverness and you'll see a couple of scenic lake overpasses.

In Floral City, who can drive beneath the oak canopy of County Road 48 and not enter an instant state of bliss?

Citrus County also is brimming with historical structures that add their own texture to towns and neighborhoods.

The Historic Courthouse, the only one in the state that sits diagonally on a block, is the crown jewel of Courthouse Square.

The Plantation Inn in Crystal River is also an architectural beauty.

Many of the artworks were inspired by historic landmarks, people of the past, picturesque communities and natural resources and rendered in different media. Several artists are still living, but the ones who have died are remembered through their art.

Artists include Anita Roy, Dorothy Freeman, Phyllis Milton, Esther Hampton, Epie Boatright, Vance Hendrix, Jean Innis, Walt Huffman and Joseph Newton.

Jorge Sanchez covers arts and entertainment in Citrus County. Contact him at sanchez@sptimes.com or 860-7313.

"History Rendered: Artistic Visions of Citrus County," an exhibit of local scenes painted by local artists, opens Saturday at the Old Courthouse Heritage Museum, One Courthouse Square, Inverness. Free admission. Exhibit runs through Aug. 15. Hours are 10 a.m. to 4 p.m. Mondays to Fridays, and 10 a.m. to 4 p.m. Saturday. Admission is free.For information, call Laurie Diestler at 341-6429. There is a reception and sneak preview from 5:30 to 7:30 p.m. today at the museum. The life and works of the late Anita Roy will be discussed at the reception, plus six of her paintings that are not part of the exhibit will be on display. Cost is $20.

Ruskin Incorporation Movement Has 'Plan B'

By LIZ BLEAU The Tampa Tribune

Published: Jun 22, 2006

RUSKIN - Hidden amid the smaller print of the final budget approved by the state Legislature last month is $50,000 for a new feasibility study on turning Ruskin into Hillsborough County's next incorporated municipality.

That means a proposal ushered to Tallahassee by a grass-roots band of Ruskin residents but killed by state lawmakers last session could be resuscitated.

"This was the Ruskin Incorporation Committee's Plan B, should there not be enough support for the 2005 bill," said Denise Layne, a lobbyist the committee hired to push passage of the bill.

The measure was killed in committee by members of the Local Government Council, who stopped short of vetoing it and told incorporation supporters they would revisit the proposal with new financial calculations.

Opponents of incorporating Ruskin criticized the original feasibility study drafted by consultant Joe Markiewicz, of Coral Gables, as not using realistic numbers in calculating how much the new city would have to pay to contract for municipal services.

The new study would be done by contract with the state Department of Community Affairs and could be completed in time to put a new bill before legislators next year, Layne said.

The original bill, which was introduced by state Rep. Ron Reagan, R-Bradenton, earned unanimous support from the Hillsborough County delegation in late 2005. It would have let Ruskin voters decide whether to incorporate in this November's election.

Just before the bill was considered by the Local Government Council, the Hillsborough County Sheriff's Office released a report that said Markiewicz's study had underestimated the cost of contracting for services by at least $1.6 million.

By then, several community groups had organized in opposition to the bill, county officials had said the study was flawed and county commissioners voted to lobby against the proposal.

Apollo Beach development lawyer Mike Peterson spearheaded an opposition group called Citizens for Sensible Taxes Inc., made up of about 25 people, many of them developers and large landholders.

Peterson was unavailable to comment on the new feasibility study.

Wade Clark, president of the Ruskin Incorporation Committee, said his group welcomes it.

"If the state redoes the study and the numbers show it's feasible, then maybe there will be no complaints," he said. "The main complaint we heard before was that the study was flawed. So, if the study is not flawed, we are ready to go forward and work to bring this to the voters of Ruskin."

Draft Appraisal Is City's Crystal Ball

By RAY REYES The Tampa Tribune

Published: Jun 17, 2006

PLANT CITY - County planner Terry Cullen stood before the city commission Monday and compared cities to forests. Both are always changing - boundaries expand, sections wither, parts are reborn, he said.

"The city is an organic being," Cullen said. "It lives. It's the sum total of all the people who live here."

Cullen's metaphor introduced commissioners to what he called "an audit" of Plant City's comprehensive plan, a work-in-progress that, when completed in 2008, will set guidelines for the community's growth for two decades.

At a workshop Monday in city hall, Cullen and his staff unveiled their audit: a 186-page draft document identifying what's missing in the city's comprehensive plan with suggestions on how to enhance it.

Mark Hudson, principal planner with Hillsborough's City-County Planning Commission, said the report shed light on two concerns that must be addressed in the finished comprehensive plan: preserving the city's small-town charm and avoiding the label of bedroom community.

Hudson said the draft does "very well protecting the physical assets of the city" and the historical district, yet a vision is lacking for preserving the small-town ambience.

"We are not planning for buildings; we are not planning for roads," Cullen said. "We're planning for people."

The report offered few specifics on how to maintain Plant City's small-town feel; it would be up to city leaders to come up with more precise plans.

Hometown Charm?

Mayor John Dicks said because of the city's anticipated growth, it would be difficult to maintain that small-town identity.

"I think the buzzword is maintaining the 'hometown' charm," Dicks said. "We're not going to be a small town."

According to the report, the city's population is expected to grow from 33,650 to more than 50,000 by 2025. From 1995 to 2005, the city gained about 7,300 residents, an average annual growth rate of 2.5 percent.

The expected population boom also presents an opportunity for the city to develop a stand-alone economy to prevent becoming a bedroom community for Tampa and Lakeland, Hudson said. The report mentioned a need for the community to formulate an economic strategy to attract and sustain a skilled workforce and encourage new minority-owned businesses.

"There is no overall strategy in attracting new businesses," Hudson said.

Dicks and Commissioner Bill Dodson said new industry was needed - high-tech industry, not "smokestack" industries and factories. Dodson said attracting industrial research firms would be a boon for the city.

"If we continue to emphasize Plant City as an agrarian society, we fall into the trap of thinking we're a bedroom community," Dicks said.

Several Key Points

The report, titled Embracing the Future while Preserving Our Past, also included these findings:

&bullThe city's Hispanic population has grown from 1.5 percent of the population in 1980 to 17.4 percent in 2000.

&bullAs compared with other jurisdictions in Hillsborough County, Plant City has the largest percentage of residents younger than 18, almost 30 percent.

&bullAt 28 percent, the city has the highest percentage of adults in the county who had not attained a high school diploma.

&bullFrom 1995 to 2005, the city grew by 1,752 acres.

&bullMore than 80 percent of voluntary annexations, by area, have been to the northeast of the city.

Vice Mayor Rick Lott praised Cullen and Hudson for their efforts.

"I felt that you and your team did a great job reaching out to the community and getting to know who we are," Lott said. "We're more than just bricks and mortar."

A public hearing for the report will be held at the next city commission meeting, 7:30 p.m. June 26 at city hall. Planners must submit the approved draft of the report to the Florida Department of Community Affairs by July 1.

Cullen said appraisals for Plant City, Temple Terrace and Tampa were initiated in 2003. Since then, more than 50 public, town hall or focus group meetings, which involved about 3,000 people, were held to produce the appraisals for each of Hillsborough County cities, Cullen said.

Contact Ray Reyes at (813) 865-4433 or rreyes@tampatrib.com.

Developer ramps up projects

Crescent Resources says market is ready for more office space.

Jack Snyder
Sentinel Staff Writer

June 23, 2006

Crescent Resources LLC, a developer with one of the bigger land banks in the Orlando area, is cautiously restarting its development engine after having paused to wait out softness in the market.

The Charlotte, N.C.-based company has land in three prime locations that, taken together, can hold more than 4 million square feet of offices or other commercial space.

Crescent began banking land for future development more than a half-dozen years ago. Most of its acreage -- all vested with government approvals for development -- is in prime locations in Lake Mary, Altamonte Springs and east Orange County:

In New Century Park, off Rinehart Road and north of Crescent's Primera office park in Lake Mary, the company can develop 2.8 million square feet of commercial space.

In Gateway Center, off State Road 434 at Maitland Boulevard in Altamonte Springs, 1.5 million square feet of development is planned.

In Central Florida Research Park, where Crescent has already completed four buildings with 550,000 square feet of space, there's room for another 450,000 square feet of offices.

The company is planning to build a 150,000-square-foot building in the research park -- possibly on speculation, meaning no tenants have been signed beforehand. That's because the research park has proved to be a strong leasing submarket, even during slow periods, said Whit Duncan, Crescent's director of Florida operations.

Crescent is also looking for tenants for a 150,000-square-foot building it wants to start building by March of next year at Primera in Lake Mary. The company already has five buildings there.

Meanwhile, Crescent is starting construction in Primera on a 170,000-square-foot headquarters for the Central Florida Educators' Federal Credit Union.

"Our land position is what got us that build-to-suit deal," Duncan said.

Holding a lot of land primed for development is an enviable position, Duncan acknowledged. "We have competitors asking if we want to sell some," he said.

Cliff Stein, co-owner of Tower Realty Partners, said he's not surprised Duncan has put Crescent in such a strong position.

"I've known him for years and he's a very savvy guy," Stein said.

The only development constraint facing Duncan is the timing of the new construction -- made more costly by rising labor and material prices -- so that it coincides with the arrival of higher rents.

Rents locally are beginning to rise as new leases are executed and old contracts come up for renewal.

Damien Madsen, a longtime office broker now with Broad Street Partners Inc., expects office rents to increase by at least 15 percent over the next two years.

Commercial rents were depressed by the 2001 recession, when demand sank and inventory grew.

There has been a surge in office-condominium construction -- commercial space that has sold, not rented. The biggest example is Premiere Trade Center and its two towers in downtown Orlando, but office-condo development has been strong in the suburbs as well.

One challenge for developers contemplating rental-office projects is figuring out how much of the space in office condos is being bought by investors and winding up in the market's rental pool.

Research by Advantis Commercial Real Estate Services in Orlando found more than 1 million square feet of office-condo space under construction or in planning stages during the first quarter of this year.

Still, if demand remains strong and available space keeps filling up, tenants will have to accept higher rents, which will spur further construction, Duncan predicted.

Jack Snyder can be reached at 407-420-5094 or jsnyder@orlandosentinel.com.


Franklin, Gulf counties may get water-supply plan

The Northwest Florida Water Management District board today will consider telling agency staff to develop a water-supply plan for Franklin and Gulf counties.

Both counties have had water-quality problems caused by saltwater getting into the drinking-water supplies of some coastal communities, such as Alligator Point in Franklin County.

The counties together have been designated as an "area of special concern" since 1998 because of the water problems, said Ron Bartel, an agency official.

Both counties have plenty of water, Bartel said, but the board could decide that a water-supply plan is needed to identify water sources 20 years into the future.

The district in recent years has been drilling test wells in eastern Franklin County to find water supplies that are further inland. And it helped Port St. Joe in Gulf County acquire a freshwater canal that delivers water from the Chipola River.

"We have been looking at this problem for some time," Bartel said.

If the board takes action, a draft plan will be made available for public comment. The St. Joe Co. has planned for the construction of thousands of homes in both counties.

But Bartel said the planning is not intended to identify water supplies for any particular developments, only for the region as a whole.

Lake O water at lowest level since '02

Palm Beach Post Staff Writer

Thursday, June 22, 2006

The water level of Lake Okeechobee has reached its lowest level since June 2002, the U.S. Army Corps of Engineers announced Wednesday, and that's a good place for it to be during hurricane season.

As of Tuesday, the lake's water level was at 12.12 feet above sea level, which the corps calls "an excellent position" to manage the lake and the Herbert Hoover Dike for the rest of the season.

"From this point in time, it would take more than nature dealt us in each of the past two years to give us serious trouble with the lake or Herbert Hoover Dike," said John Zediak, chief of the Jacksonville District Office.

On the same date in 2004, a year when four hurricanes battered the state, the lake level was at 12.71 feet, and on June 20, 2005, it stood at 15.3 feet. The Corps has set a goal of keeping the water level below 17.25 feet.

"With the current lake level and other conditions, we could stand a repeat of either 2004 or 2005 and still be in good shape," Zediak said.

The safety of the 143-mile-long dike was questioned last month when a panel of engineering consultants hired by the South Florida Water Management District reported that it poses "a grave and imminent danger" and has a 1-in-6 chance of failing with each passing year.

However, Les Bromwell, the panel's chairman, welcomed news of the low water level Wednesday.

"That's definitely good news that the lake is that low going into the rainy and hurricane season," Bromwell said. "At least it will provide a margin of time before people would have to be concerned and before evacuation would have to be seriously considered. They've achieved a very good level for this time of year."

But nature, not the corps, deserves the credit, Zediak said.

"It's been very, very dry," he explained. "The wet season typically starts in May, but with the exception of (Tropical Storm) Alberto scooting by to the west, we've had virtually no rainfall, so you get that evaporation off the lake."

 

What hazards?

Report lacks 1 detail: growth in storm zones

By VIRGINIA SMITH
Staff Writer

DAYTONA BEACH -- A committee appointed by Gov. Jeb Bush to scrutinize building in hurricane zones produced a law encouraging more of it, in part by making it easy to excavate more sand.

 
Committee members

The Coastal High Hazard Study Committee at a glance:

· Eight government agency heads

· Three builders, architects or developers

· Three local government officials

· Two state legislators

· One Republican political consultant

· One insurer

· One environmentalist

In September 2005, Bush appointed 19 members to the Coastal High Hazard Study Committee, a group whose job was, according to its mission statement, "studying and formulating recommendations for managing growth in coastal areas most vulnerable to hurricanes."

The reasons for the committee were many. Development in coastal areas "will threaten the safety of Floridians," said the Department of Community Affairs, the state agency heading the effort. And insurance costs -- many of them borne by the state -- were rising. After meeting three times, the committee gave its report.

They defined the High Hazard area as the Category 1 storm surge zone and proffered ideas for protecting septic tanks. They also gave the state more authority to block sea wall construction after storms (local governments tend to allow a free-for-all).

Notably absent, though, were ideas about managing growth. Instead, the committee suggested big new buildings be accompanied by more hurricane evacuation routes or shelters, and that developers work with cities to widen evacuation roads if needed.

As for specifics, there weren't many -- requirements for "adequate" shelter went undefined. Some members advocated a "less regulatory and more market-driven approach" to beachfront development, the report said -- in which local governments would have to pay for any hurricane damage caused by their permitting policies.

The resulting law signed by Bush this month reflected some of the committee's findings. It gave the state more muscle on sea walls and protected septic tanks. And lawmakers added a bonus for developers who wanted to excavate for the underground garages increasingly common in large beachfront condominiums.

Before, the sand had to remain on the property from which it was evacuated -- usually behind a retaining wall. Now it can be moved, as long as it's put somewhere on the beach.

The new rule, lobbied for by the Chamber, Daytona Beach/Halifax Area, applies on all beaches between St. Augustine and Ponce Inlet, an area the state singled out for redevelopment nearly a decade ago.

The point of the excavation clause was to make it easier to dig large holes for large buildings such as the Ocean Vistas condominium in Daytona Beach Shores, which recently dug up 28,000 cubic yards of sand for its 11-story building. A normal hole for such a building, said David Kriger, who evaluates coastal permitting in Volusia County for the Florida Department of Environmental Protection, would be about 5,000 cubic yards.

Big excavations are becoming more popular, because height restrictions lead condo developers to go underground for parking, gaining an extra story. But they wind up having no place to put all the sand.

"A lot of the little mom-and-pops have been selling and it became apparent this was needed" said Rep. Pat Patterson, R-DeLand, to accommodate the larger buildings that replaced them.

Mike Barnett, chief of the department's beaches division, said his department was "absolutely concerned" about large excavations and that moving sand out of the beach system was "unacceptable." The compromise, included in the new law, was to move it onto the beach, even if it must be spread in front of other properties.

With the sand provision and the road-widening recommendation, the overall effect of the law, said Charles Pattison, director of the environmental group 1,000 Friends of Florida, is to encourage coastal development, not put the brakes on it.

"It's amazing to think something like this passed," he said. "It will be real interesting to see what happens during hurricane season."

Republican Rep. Holly Benson of Escambia County, one of the law's co-sponsors, said it was "sad" that the committee had to come up with its recommendations in three meetings, and couldn't achieve more of the original goals.

There were supposed to be four meetings, but "our first meeting was canceled by Hurricane Wilma," Benson said.

virginia.smith@news-jrnl.com

Beachside residents staying put

Homeowners refuse to sell to developers

BY SHAWN GREEN
FOR FLORIDA TODAY

Gladys Engel said she has no interest in the real estate business and that is why she refused to sell her Avon-by-the-Sea home to developers.

Engel lives in the tiny patch of unincorporated Brevard that lies between Cape Canaveral and Cocoa Beach. Her double lot property is now adjacent to the Meridian, an upscale, oceanfront condominium project under construction.

Built by Homes by Towne, the Meridian is slated for completion by summer 2007. It is composed of two, four-story buildings and a total of 64 three-bedroom units that all face the ocean. Prices vary from mid-$600,000 to mid-$900,000 range. Amenities include an outdoor heated swimming pool and spa and a recreation and fitness center.

Part of the concessions the developers made to the county include a 15-space free public parking lot, the rerouting of Azure Lane and creating a cul-de-sac at the end of Meridian Drive. To clear the way for the project, about ten single-family homes and an apartment complex were demolished.

Engel said she had no interest in selling her property on McKinley Street, which she and her late husband bought 24 years ago as a retirement home. The front of her three-bedroom, two-bath home boasts a lush, tropical landscape established over two decades by Engel and her husband.

The palm trees that now tower over her house were just saplings when they planted them.

"I didn't want to sell," she said. "This is my home. Where would I start over? I'm not the moving type and I won't go into a condo."

Although Engel is admittedly not a fan of development and its effects on the existing landscape, she said she is not upset by the two upscale buildings that will be her neighbors.

"Like everything else, with change there comes good and bad," she said. "It cleaned up some of the bad elements, and I can't complain about the developer."

Just a few doors west of Engel's home lives 83-year-old Gertrude Cooper, who also has no interest in selling her home though plenty of offers have come her way over the years. Cooper and her late husband bought their home in the late-1960's.

"That was when they used to be $12,000 to $15,000 (to purchase)," she said.

They raised their family there and at the time, her young ones made the ocean their playground. She said her children would surf before school and did plenty of fishing, which included tying rope around hunks of meat to drag unsuspecting sharks to shore. Back then, Cooper said, the closest grocery store was a Winn-Dixie in Rockledge.

"So much is different around here, it's ridiculous," she said. "It's progress, that's all I can say. Nobody can stop it."

 

Measure tightens city control over Singer Island growth

Palm Beach Post Staff Writer

Thursday, June 22, 2006

RIVIERA BEACH — In an effort to block attempts to limit growth on Singer Island, the city council approved a measure Wednesday asking Palm Beach County to withdraw the island from a special category that's used to control redevelopment.

In a 4-1 vote, with councilman Jim Jackson dissenting, council members passed a resolution vowing to maintain control of development on Singer Island, although some island residents oppose the city's stance on redevelopment. The resolution makes official the city's opposition to making Singer Island subject to special traffic standards, when it comes to growth.

Some Singer Island residents, backed by County Commissioner Karen Marcus, argue that any more development on the island will lead to major traffic problems, especially during hurricane evacuations. They also charge that the city's traffic study showing the impact of future development on the island is flawed.

But councilwoman Liz Wade said that a small faction of Singer Island residents oppose any development on the island. Wade, who has represented the city in several meetings with county officials in an effort to reach a compromise, said the residents are using Marcus to block Riviera Beach's efforts to bring development to the island.

"It is an attempt by the county to control what the city does," Wade said.

Marcus, whose county commission district includes Singer Island, hasn't backed off introducing an amendment to the county's comprehensive planlimiting growth on Singer Island based on strict traffic standards. On Friday, the county's Land Planning Agency is expected to review the issue at 9 a.m. at the Planning, Zoning and Building Department, 100 Australian Ave.

The seven-member county commission is slated to vote on the Marcus amendment on July 19.

 

A bill_cooper@pbpost.com

 

Wade urged residents and city officials to attend the meetings to let county officials know their opposition. The debate over which standards to use to control growth comes as the city is negotiates with Ocean Mall Redevelopment to build a 28-story Marriott hotel and 60,000 square feet of shops and restaurants on the current site of the aging and dilapidated Ocean Mall.

The project is part of the Community Redevelopment Agency's $2.4 billion waterfront redevelopment.

By removing Singer Island from the special category, the island would be subject to the same traffic standards used county-wide. Riviera Beach officials contend that their city is the only one, where the county is using such traffic standards to control redevelopment.

Jackson, who represents Singer Island at the city-level, said he opposed the resolution because it could lead to runaway growth on the island. He charged that more hotels might want to build 28-story high-rise buildings.

"You're going to have a complete build out," Jackson said.

 

Resignations roil building association

Businesses are leaving to protest the group's efforts in challenging changes to the county's comprehensive plan.

By CHUIN-WEI YAP
Published June 22, 2006

At least five leading names in the county's development scene have resigned from the Pasco Building Association, protesting against the association's confrontation with county officials over changes to Pasco's comprehensive land use plan.

They include Newland Communities, the developer of 7,000-acre Bexley Ranch; Crown Community Development, the developer of 2,500-acre Seven Oaks and 1,000-acre Watergrass; Lexington Homes, of Dade City's Lake Jovita and central Pasco's Serengeti development; engineering firm Heidt & Associates; and the law firm Figurski & Harrill.

The association is mounting a legal and political challenge to Pasco's comprehensive plan amendments, but the recent departures shake the association's claim to fully represent its nearly 400 members, which range from smaller businesses like framing companies and electrical contractors to national powerhouses like Newland.

The association was also preparing to field candidates for County Commission seats up for election this November, in a bid to regain what the association sees as its weakening political influence on development issues.

In their letters to the association, the dissidents sounded the same note of concern with the association's strategy.

"The association's challenge ... was, in our opinion, unnecessarily inflammatory," Newland's southeast operations chief, W. Don Whyte, wrote. "The position articulated is contrary to the best interests of majority of the association's members. ... We can no longer support an association that is more disposed to confrontation than collaboration."

In a comment to the St. Petersburg Times, Whyte said Newland could not give the appearance of tacit support to what the association was doing.

"I'm disappointed it had to come to that," he said. "Our method of working with the county and other municipal officials is to find common ground. We just saw the situation deteriorating and didn't feel it was appropriate to apparently support it."

In a separate letter to the association, Rhonda Brewer, Newland's vice president for operations, resigned her position as the association's board member.

Heidt & Associates officials B. Patrick Gassaway and Ed Rogers also resigned their seats on the association's board and its governmental affairs committee.

"Our firm feels that a pursuit of a challenge to the pending comprehensive plan is contrary to the best interests of our primary clients," Gassaway, Heidt's vice president, wrote. Heidt & Associates has offices in Tampa, Fort Myers and Sarasota.

Craig Gallagher, president of Lexington Homes, and development attorneys Gerald Figurski and J. Ben Harrill sent one-paragraph letters to the association, rescinding their membership. The letters echoed the sentiment that the association had failed to represent the firm's interests.

In a June 14 e-mail to County Administrator John Gallagher, Crown Community Development's general manager raised the same criticism.

"I wanted to let you know that we neither endorse or will be contributing to the PBA effort to challenge Pasco County," Craig Weber wrote. "I am disturbed that the PBA has taken this position without full membership participation and support."

Alex Deeb, the association's chairman of its political action committee, did not reply to messages seeking comment Wednesday. Last week, Deeb approached Commissioner Pat Mulieri to inform her of the association's grievances and its intention to contest her seat.

The association's president, Alex Mourtakos, also did not reply to a call for comment. The association's executive director, Nita Beckwith, was also unavailable.

The issues that brought the association into open confrontation with Pasco officials began four years ago, when the process of amending the comprehensive plan began.

The association's biggest issues with the changes concern "traditional neighborhood developments" and conservation subdivisions. The association wants to maintain the freedom developers have under the current system, but county officials want to use the new policies to encourage jobs and preserve open space.

Still, not even all who oppose the conservation subdivisions are on board the association's strategy.

Clarke Hobby, an attorney who represents several large landowners in east Pasco, said he's leery of the county's proposals but has not explicitly supported the association's play. His firm, Hobby & Hobby, has never been a member of the association, he said.

On Wednesday, John Gallagher defended the comprehensive plan's inclusive approach in drawing in nondeveloper viewpoints and questioned whether the association spoke for all its constituents. He noted the county attorney's office had met with the association to discuss the changes.

But he suggested that those who oppose the changes still have a chance to participate when the county crafts ordinances that would put the changes into effect.

"When you get some of these large developers not agreeing with (the association's) position, maybe they haven't been able to articulate that position," Gallagher said. "Get engaged in the development of these ordinances. Heck, maybe we'll find out these things need to be tweaked."

County Attorney Robert Sumner declined comment on the resignations and said the county plans to stick to its schedule in sending the recommended changes to commissioners on Tuesday.

"It doesn't have any effect (on our plans)," Sumner said. "Our recommendation to the Board of County Commissioners is to approve the plan as presented."

Chuin-Wei Yap covers growth and development in Pasco County. He can be reached at (813)909-4613, or e-mail cyap@sptimes.com.

Resistant residents can't block builders

To them, an 85-home development isn't just another development - it's a dramatic change in how they live.

By BRIDGET HALL GRUMET, Times Staff Writer
Published June 22, 2006

Eighty-five homes might not sound like much in a county that builds thousands each year.

But in the old mill town of Trilby, in northeast Pasco, residents say the conversion of 342 acres of pine trees into 85 upscale home sites strikes at their rural way of life.

Even Clarke Hobby, who grew up in Dade City and now represents the developer, acknowledged the project is the biggest change to the area since the Cummer & Sons Cypress Co. timber mill closed in 1958.

"I understand from some folks that the change is going to be hard," Hobby told the County Commission on Tuesday evening. "But I think we've got a good project, and it's going to be good for the area."

Commissioners unanimously approved a scaled-back version of Trilby Estates, with 85 homes instead of the 95 the developer requested. But that did little to appease longtime residents like Darrell Pennington.

"This development is just a real hard thing to stomach," said Pennington, noting the developer already has removed most of the pine trees.

Denny Mihalinec, who grew up playing among those pine trees at the southeast corner of Powerline and Christian roads, agreed: "For this area, that's a lot of homes." He suggested 34 10-acre lots instead.

But Trilby Estates will have fewer homes per acre than most of the nearby properties, including a mobile home park, developer engineer King Helie said. Most of the lots in the 95-home plan were 3˝ acres, with 300-foot-wide strips of open space along Powerline and Christian roads and between the rows of houses.

The design is a hybrid between the old style of rural development, in which giant tracts were evenly divided into 5- or 10-acre lots, and the new push toward conservation subdivisions, in which homes are clustered to leave patches of open space on the rest of the property.

Earlier this year, the county finished a special study of the northeast Pasco area that included requirements for conservation subdivisions. But when Trilby Estates came along, the residents seemed more interested in seeing large lots than clustered homes with open space, Hobby said.

Commissioner Ted Schrader, whose district encompasses northeast Pasco, said the resulting design was unimaginative.

"I'm quite frankly a little bit disappointed they didn't come up with something more creative," he said.

Neighbors also criticized the county for charging the developer only $21,675 toward improvements on Powerline Road. But Sam Steffey, the county's growth management administrator, said that number was based on the amount of traffic Trilby Estates would generate.

The property is owned by three limited liability corporations - Christian Powerline LLC, Powerline LLC and North Powerline LLC - with common Tampa shareholders James R. Robbins Jr., Thomas A. Howze, James M. Talley Jr., Tyson H. Lykes II and Lee F. Pallardy III.

Considering the size of the property and the extra homes allowed for conservation subdivisions, Commissioner Steve Simon called 85 homes "a heck of a deal for the citizenry."

"I think that they (the developers) went the extra mile," Simon said.

In other news Tuesday, commissioners approved a "granny flats" amendment that gives a tax break to homeowners who build an addition to house an elderly relative.

Normally, an addition would increase the home's value, thereby increasing the property taxes. But under the new ordinance, if the addition was built for a parent or grandparent over 62, the property owner can seek a reduction in the home's taxable value.

County officials also proposed dramatic increases to water and sewer impact fees, one-time charges to new homes to pay for expanding the utility system.

For new homes that do not have reclaimed water, the impact fees would rise from $556 to $1,561 for water service and $1,500 to $2,730 for wastewater service. For new homes that have reclaimed water, the impact fees would rise from $523 to $1,171 for water service and $1,058 to $2,730 for wastewater service.

The proposal will go before the county's Impact Fee Advisory Board before returning to the County Commission in a few months for public hearings and a vote.

Residents cry foul on Wal-Mart Supercenter

The project was okayed 15 months after neighbors were first notified. They file a challenge, saying new notices were needed.

By BRIDGET HALL GRUMET, Times Staff Writer
Published June 22, 2006

NEW PORT RICHEY - County planners sent letters to 39 neighbors and ran a newspaper ad announcing a meeting on the plans for a Wal-Mart Supercenter at State Road 54 and Grand Boulevard.

The only problem: The notice went out 15 months before an actual decision was made.

The Feb. 4, 2005, letters and Feb. 7, 2005, ad in the Pasco Times served as official notice of the Feb. 24, 2005, meeting of the county's Development Review Committee. But when the meeting date rolled around, the Wal-Mart proposal was postponed, then postponed, then postponed again.

After six continuances, the supercenter plans were approved May 11, 2006. But this time there was no legal ad, no letters to the neighbors.

None of them knew it was coming.

Several residents filed a challenge Wednesday to the DRC decision, saying they didn't have proper notification. The appeal will go to the County Commission.

"It's not that we don't want (Wal-Mart) to come in," said Cynthia Besio, whose street backs up to the supercenter site. "We just want to be a part of the process."

County ordinances require planners to advertise only the first hearing date, County Attorney Robert Sumner said. If the matter is continued to a specific date, that date is announced at the meeting and no additional notice is necessary, he said.

Even if the matter is rescheduled six times over 15 months?

"That's an unusual circumstance," Sumner acknowledged Wednesday. "I'll look into that."

The plans call for a 189,975-square-foot store with a 15,129-square-foot garden center at the southwest corner of SR 54 and Grand Boulevard. The 25-acre site was once home to Cox Lumber and the Dealer's Auto Auction of Pasco Inc.

The neighbors are concerned about the added traffic and the drainage, as Wal-Mart's stormwater ponds will be located across Grand Boulevard from the store.

They also worry that patrons of a nearby strip club could come to Wal-Mart at all hours to buy alcohol, Besio said.

Shopping Center Sues Zephyrhills Over Rezoning

By NICOLA M. WHITE The Tampa Tribune

Published: Jun 22, 2006

 

ZEPHYRHILLS - The retail wars in this quickly developing city are heating up.

Attorneys representing the Townview Square shopping center in north Zephyrhills filed a lawsuit Tuesday claiming city officials wrongly rezoned the old Gore's Dairy property, allowing a competing shopping center to be built there.

Their beef: The planned shopping center doesn't fit with the idea of smart growth and would generate too much traffic.

The lawsuit claims city officials acted too hastily in approving the new shopping center, which would be a couple of hundred feet from Townview Square. Attorneys for the shopping center are asking the court to overturn the rezoning, which the city council approved in May.

Townview Square sits just south of Pretty Pond Road along busy U.S. 301. The new shopping center would be just north of Pretty Pond Road.

"I think the way that this particular process occurred, I'm not sure all the i's were dotted and t's were crossed the way the Zephyrhills code required," said attorney Hutch Brock, who is representing Townview Square and also is mayor of neighboring Dade City.

Attorneys for the Gore's Dairy project have said Townview Square is mostly concerned about losing business and possibly its Publix store to a newer shopping center.

City Attorney Joe Poblick declined to comment on the suit Wednesday afternoon, saying he had not seen it.

Contact Nicola M. White at (813) 779-4613 or nwhite1@tampatrib.com

Commission bears final responsibility

By CT BOWEN
Published June 22, 2006

Re: Debate heats up over ex parte talks, June 21

I think that you would do your readers a service by publishing an article explaining the entire development approval process in depth - so that readers could decide for themselves whether the present "quasijudicial'' system serves the best interests of county residents. Your article leaves readers with the idea that a procedural point of order does and should take precedence over the facts of a matter. Such an attitude is the last refuge of bureaucrats everywhere, and I am surprised to see your paper give support to such an antidemocratic proposition.

As I understand the development review process, a proposal by a developer is reviewed first by the county staff and then considered by the Development Review Committee and/or the Planning Commission.

Members of both the DRC and the Planning Commission are unelected, and while, like the county staff, their dedication to the job is not questioned, they are not answerable to residents of the county. Their decisions should be passed to the County Commission as recommendations only. If there is no controversy, their decisions can be approved as part of the consent agenda, a quite streamlined and timely process.

If there is sufficient controversy so that any commissioner is not satisfied that all of the consequences of a development decision have been fairly examined during any part of the development review process, I would hope that a sense of obligation to his or her constituents would compel further investigation, so that both sides may be heard prior to the decision of the full County Commission. Rather than have this full examination take place in open session, where time constraints operate to the favor of professional public speakers with polished graphics and slickly attired lawyers, County Commissioners should take the time to fully explore with their involved constituents the consequences of any contemplated change affecting them.

Purely and simply, County Commissioners are elected to represent the people of their district while making decisions that affect the entire county. They rightly receive advice on pending decisions from the county staff and various unelected committees and commissions, but the final word rests with them as the elected executive authority of the county. For commissioners to abrogate this responsibility by strictly enforcing procedure over substance is to deny due process to the people that elected them.

State launches Yankeetown inquiry

Some residents cheer the news that the Florida Department of Law Enforcement will take a closer look.

By ELENA LESLEY
Published June 22, 2006

YANKEETOWN - For the past few months, residents who worried about alleged corruption in Yankeetown heard the same thing:

No one cares much about what's going on in a woodsy Levy County town of 600.

Turns out the naysayers were wrong. The Florida Department of Law Enforcement announced Tuesday that it has opened an official investigation in Yankeetown.

"Hallelujah!" some residents said as word spread through town Wednesday morning.

"It's about time," said Eddy Oesterle, who is embroiled in a lawsuit with developers who want to build a resort hotel on the Withlacoochee River, a proposal that has turned Yankeetown into a battleground. "This is a vindication, definitely."

The FDLE began sniffing around in late May, after receiving numerous phone calls and letters from residents.

Earlier that month, Michael Peters, a Branford resident who has property under contract in Yankeetown, drove a thick stack of town documents to the FDLE and governor's office in Tallahassee.

He included petitions from about 50 residents calling for a criminal investigation.

"I won't sleep until people are arrested or indicted," he said Wednesday. "I'm dancing on top of cloud nine."

In late May, some residents also had written a letter to Gov. Jeb Bush, pleading for an investigation "into the actions of our mayor, former mayor, majority of our Town Council, former council, current & former zoning officers, & group of developers that have been continuing in what we believe to be an illegal manner, possibly a criminal conspiracy."

During their initial interviews and research, FDLE agents searched for any evidence that might warrant an official investigation.

By Tuesday, they'd found it.

Proceeding with the inquiry means "there might have been something inappropriate," said Sharon Gogerty, a public information officer with the FDLE.

In addition to accusations made against town officials, agents had initially reviewed alleged threats made against officials.

The department will not be investigating that element of the Yankeetown controversy.

Agents from the FDLE have been a relatively constant presence in Yankeetown over the last month, causing a stir when they removed several computers from Town Hall for inspection.

Then on Monday, residents turned over public documents to FDLE agents, some shredded, that they said the mayor and others had thrown out in the town recycling container.

Mayor Joanne Johannesson, the subject of a recall by many townspeople who think she's too close to the developers, did not return phone calls for this article.

Karen Goode, who has fought the development, said she was excited to get word of the investigation, but upset by what the in-fighting had done to Yankeetown.

"It's sad to see what's happened to town government - it's in shambles," she said. "It's going to take a lot of time and hopefully this will heal in the end."

The investigation will be conducted by agents from the FDLE's Gainesville Office.

It is not their job to "determine whether or not criminal activity was committed," Gogerty said. When the investigation is complete, evidence will be turned over to the State Attorney's Office to make that decision.

There is no time line for the investigation.

That's okay with most involved in this fight. Regardless of how long it takes, they're just glad to finally be noticed.

"This whole thing is like digging in a giant septic tank," Peters said. "First you've got to get the lid off."

Elena Lesley can be reached at 564-3627 or elesley@sptimes.com.

Leaders team up to handle growth

School Board, Brooksville and county officialshope to reach an agreement that will let them have more say in development decisions.

By TOM MARSHALL
Published June 22, 2006

BROOKSVILLE - To hear local politicians describe it, school concurrency may be the most pressing need most voters have never heard of.

Mandated last year when Gov. Jeb Bush signed the Growth Management Reform Act, concurrency is the requirement that school systems take part in local development decisions, particularly if new housing might have an impact upon the schools.

But for some members of the Hernando County School Board, the County Commission and the Brooksville City Council - who met together in joint session Tuesday - the concept might be summed