Mar 31, 2006
Tortoises must move to make way for school
By ANGELINE TAYLORataylor@hernandotoday.com
SPRING HILL - A 30-acre parcel off Northcliffe Boulevard and Azora Road has served as home to 20 gopher tortoises for years.
All that will change this year.
The gopher tortoises will be moved to make way for the county's newest three-story school. But, in moving the ancient creatures, the county school district's facilities team ran into problems.
It would seem logical to relocate the tortoises to land owned by governmental agencies such as the Southwest Florida Water Management District, also known as Swiftmud.
That process, however, is mired in paperwork, according to the facilities' team that inquired with representatives of Swiftmud about the best place to move the tortoises.
"I think we need to make a request to Swiftmud for consideration since they own a lot of property," said school board member Pat Fagan. "And, again, it is taxpayer property."
Board members decided for a second go round in asking the water agency representatives for help in relocating the 20 gopher tortoises.
When Swiftmud was first approached, said one facilities team worker, they didn't sound as if any land was available.
"That's ridiculous if you ask me," said board member Robert Wiggins about the Swiftmud response. "It's just funny all the property they're buying around the state ..."
As a result of the early response from Swiftmud officials, the facilities department needed to use other resources to relocate the turtles currently living on the site that will be home to the county's second kindergarten through eighth grade school.
Their back-up plan was school district property located by Lake Lindsey. Property, however, that could eventually be sold by the school district.
"That piece of property has a lot of issues," said schools executive director of facility and support operations Ken Pritz during the board workshop on the new school. "It's free and clear to do what we want with it."
Pritz advised that no school should be built on the property but suggested it might be ideal for offices. Either way, moving the turtles to the Lake Lindsey property didn't sit well with one school board member. Fagan said he believed moving the tortoises to the Lake Lindsey property could bring problems for school district officials later if they decided to build or sell the property.
"I totally agree with you," Fagan said to the facilities' team. "We've got to mitigate. Again, it's on the lake. It's a very expensive piece of property. But I don't know if that's the site where we need to locate the tortoises."
Schools facilities director Roland Bavota explained that the places to relocate them were dwindling especially since there are several mandates placed on tortoise relocation.
"They're not readily available," Bavota said about acceptable types of land to transfer the tortoises. "There aren't many places you can put them now."
Typically, said one facilities workers, they like to move the tortoises to a corner of the property where they already live. However, the way the school is designed that can't take place.
"Mr. Fagan, if (the Lake Lindsey property) would sell to a developer, I don't think he would care much about the turtles," Bavota said. "I don't even think it would diminish the price of the property."
Fagan disagreed.
"You know as well as I know what the developer would do if they bought the property and I don't think that's something we need to make comments about," Fagan said.
Right now, the 20 tortoises are being trapped for blood samples that will determine if any of the tortoises are too ill for the trip to another location.
The Lake Lindsey property consists of 40 acres with a portion of the land under the lake.
Reporter Angeline Taylor can be contacted at (352) 544-5289.
Column
New era requires vision and unity
By GREG HAMILTON, Citrus Times Editor of EditorialsPublished April 2, 2006
On local television the other night, County Commissioner Jim Fowler, reacting to the firing of County Administrator Richard Wesch the previous day, declared the board now to be dead in the water.
While some may disagree with this obituary, one thing is certainly true: The county does not have the luxury of being becalmed. Not with what is already steaming toward it and what is just over the horizon.
Later on the same show, Commissioner Gary Bartell gave a more upbeat assessment of the board while dropping this bombshell: The search for a new county administrator might take as long as six months.
That's six months of county staff adrift in a sea of uncertainty, waiting for a new captain to take the helm.
Assistant County Administrator Tom Dick will step in for now, but he made it crystal clear Tuesday that he is not angling for the promotion. He even rejected the title of interim county administrator and the pay raise that would have accompanied the upgrade.
As powerful as the county commissioners are, even they can't stop the world from turning. And so county staffers, and the board in the coming months, will be handling a boatload of major matters such as applications for huge developments - including the new RealtiCorp plans for hundreds of acres along U.S. 19 and Dixie Hollins' ambitious designs for a huge swath of northwest Citrus County, to name two.
The board, still fussing over how to handle a relatively small sewer and water project in Chassahowitzka, is also moving toward spending more than $30-million to acquire the Florida Governmental Utility Authority's Citrus County holdings, which serve nearly 12,000 customers.
Let's squint at a few more sails on the horizon: A comprehensive plan for installing and paying for sewer systems countywide; a long-term plan for trash disposal; which roads to pave, which to widen, which to build outright; how to meet the demands of constitutional officers for more office space; how to meet the crying need for affordable housing.
All of these items, and many more, will require the best that county staffers have to offer, at a time when their boss was just ordered to walk the plank.
For the board's current majority - Bartell, Vicki Phillips and Joyce Valentino - this is a time of challenge, and opportunity. After years of being on the frustrating end of important 3-2 votes, they flexed their power and cemented their ascendancy Tuesday by firing Wesch.
Now, it is their turn to lead.
First, they must show the public that they are more than simply a "Just Say No" board. They have signaled through recent votes, such as scuttling the proposed RV park and, on Tuesday, killing a proposed development agreement with RealtiCorp, what they do not like.
Now, it is time to show what they do want Citrus County to become. Let's see the vision.
That may be difficult because as much as the three commissioners think alike, they are not in lockstep. Witness the deep disagreement over the Chassahowitzka sewer project, when Phillips and Valentino parted ways with Bartell. Or the decision to increase the county's gas tax, which had Valentino on the losing end of a 4-1 vote.
It is important that all of the commissioners maintain their independence, obviously. But gridlock, rehashing past decisions, spinning wheels and personal sniping during meetings gets us nowhere.
The commissioners must find a unity of purpose, and a direction that all five commissioners can support. This is a time for ideas, for innovation, for leadership, for political courage. We cannot afford commissioners who simply vote against everything without meeting their responsibility to offer viable alternatives.
For better or worse, Citrus County has entered a new era.
But, hey, the stakes aren't too high - only the future of the county.
[Last modified April 2, 2006, 01:23:12]Six-Story Buildings Win Commission's OK
Published: Apr 1, 2006
PLANT CITY - Despite a determined attempt by Mayor John Dicks to stall it, an ordinance permitting six-story buildings in the city's historical downtown core won city commission approval Monday.
It was one of the few times the commission has split on a vote. Usually, commissioners manage to iron out disagreements and come up with a 5-0 vote. But this time there was no consensus.
The mayor and Commissioner Mary Yvette Thomas-Mathis were outvoted by Vice Mayor Rick Lott and Commissioners Robert Brown and Bill Dodson.
But they went down fighting.
The ordinance allows residentially based, mixed-use buildings as high as 60 feet with a 10,000-square-foot footprint, and as high as 70 feet with a footprint of 15,000 square feet or more. It applies to new construction in the downtown commercial, historical district and obliges developers to provide 1.5 parking spaces for each dwelling unit.
Dicks pleaded with fellow commissioners to delay a decision on the ordinance.
"There's no rush," he said. "No one is coming in with a building."
However, Lott, Brown and Dodson opted for immediate approval.
They argued that the Greater Plant City Chamber of Commerce, the Planning Board and the Historic Resources Board had signed off on the ordinance after months of talks and revisions. Further delay would send the wrong message to those groups, they said.
They see the new height limit as necessary to encourage development. Today's construction costs make it impossible for smaller projects to pay their way, they said.
"I would rather have a 70-foot building than an empty block," Brown said. "And that's what we have right now."
Dodson, a former planner, said he would like to have a model in place to prepare for growth. The ordinance was crafted after a lot of study and would be a good model, he said.
The Opposition's Case
But Dicks, who was absent March 13 when commissioners held a public hearing on the ordinance, resolutely opposed its adoption.
He first found fault with a provision allowing "architectural features" to encroach on the public right-of-way.
Architectural features could be a part of the building itself, so that upper floors could be wider than those below, he argued.
When Brown moved to approve the ordinance minus the reference to encroaching architectural features, Dicks took aim at the height provisions.
"Seventy feet becomes too high," he said.
He said a six-story structure would dwarf adjacent buildings. Most downtown buildings are only two stories, he said.
Under the ordinance, a new building must not be more than 30 feet higher than adjacent buildings within 15 feet. But Dicks still recoiled from the prospect of multistory structures poking up among the turn-of-the century buildings that give downtown its character.
They would be "out of flavor" in historical downtown, he insisted.
Instead, Dicks suggested applying the new height limit to an area commissioners have vaguely referred to as Midtown. The city is in the process of defining the area, which will be south of downtown.
Commissioner Mary Yvette Thomas-Mathis agreed with the mayor. She said a building 70 feet high would "stick out like a sore thumb" downtown.
"That would be a humongous building," she said. "It would overshadow the others."
Threat To Historical Buildings?
Dicks also warned the ordinance might open the door for owners of historical buildings to replace them with multistory projects. One of the criteria for allowing demolition of historical buildings is economic viability, he said.
Dodson asked City Attorney Ken Buchman to report on any danger the new ordinance might pose to historical buildings. After the meeting, he said that if Buchman's report shows the ordinance could be used to replace historical structures, commissioners could take steps to close that loophole.
Although the public hearing on the ordinance was closed March 13, Shelby Bender and Jerry Lofstrom took advantage of the open period at the end of the agenda to echo the mayor's warning.
They also raised the possibility of Scientologists tearing down the Frenchman's Market and building a tower in its place. The Clearwater-based sect has announced it will start an outreach program in Plant City and is acquiring the historical property at 102 N. Collins St.
The two-story building, thought to be about 80 years old, once housed Hooker's Department Store. David Hawthorne acquired the building in the late 1990s.
Bender is chairwoman of the city's Historic Resources Board, which approved the new ordinance, but said she was speaking "for myself" and not for the board.
Lofstrom owns the Whistle Stop cafe at 102 S. Collins St. It is next to the vacant lot left by a Feb. 21, 2005, fire that ravaged the heart of the downtown historical district. It was the gaping fire site that prompted city staff to propose elimination of the 45-foot height limit downtown.
Hawthorne had proposed a four-story building on the site, which would have been 55 feet high, but has since lost interest in pursuing the project.
Lofstrom shuddered at the possibility of a 70-foot building next to the Whistle Stop. He said the commission "has been accused of being pro-business," and declared that "just because the chamber [of commerce] says so isn't good enough for me."
Despite Protests, Developer Gets Airstrip Approval
Published: Apr 1, 2006
PLANT CITY - Despite neighbors' protests, city commissioners gave developer Ed Verner what he wanted Monday night: permission to build a private airstrip near his home so he doesn't have to drive to Lakeland-Linder Regional Airport to enjoy his hobby.
For the second commission meeting in a row, city and county residents packed the commission room at city hall to hear the fate of Verner's application, which was addressed midway through a busy agenda.
He had asked the city to rezone an 8-acre slice of his 200-acre tree farm east of Wilder Road and north of Interstate 4 to allow a landing strip for his two-seater biplane and visiting recreational aircraft.
As many as five planes could be based at the strip.
Commissioners had closed the public hearing March 13 but delayed a vote on the issue for two weeks.
At the public hearing, about 30 speakers brought up the possibility of disaster in an attempt to block the rezoning request.
Mayor John Dicks, who was absent from the March 13 meeting, said Monday he had listened to a tape of the debate and also had received a letter from Ethel Hammer, principal planner for Engelhardt, Hammer & Associates, listing contingencies that could make the airstrip a hazard and nuisance to neighbors.
Hammer said she represented strawberry farmers Charlie and Betty Grimes, who own land near Verner's proposed airstrip.
"I appreciate your concerns," the mayor told opponents of the airstrip.
But he voted for the ordinance.
Commissioner Robert Brown, who was ready to acquiesce to the rezoning request at the previous meeting, made Monday's motion to approve the ordinance.
Commissioner Bill Dodson seconded Brown's motion. At the previous meeting, he had asked city planners to find answers to a number of questions. He said Monday the staff had cleared up all of the issues he had raised.
At the previous meeting, Commissioner Mary Yvette Thomas-Mathis had asked for several revisions to the ordinance. They included a provision that, unless prevented by adverse conditions, planes would approach the airstrip over vacant land in the northeast and take off in the same direction.
Thomas-Mathis also wanted a limit on the number of takeoffs and landings at the airstrip.
The new version included her revisions plus several added by city planners to ensure that they could keep track of activities at the airstrip.
Thomas-Mathis voted for the ordinance. So did Vice Mayor Rick Lott.
That made it unanimous.
Supporters and opponents filed out without a word as soon as the vote was announced, leaving a sea of empty chairs before the rest of the agenda was addressed.
Town House Rezoning Put On Hold
Published: Apr 1, 2006
PLANT CITY - It started out as a routine rezoning request. The city commission had set a public hearing at Monday's meeting on a zoning change that would permit a town house community on Park Road, north of Bill Heard Chevrolet's auto dealership.
No member of the public opposed the project. Approval looked like a slam dunk.
But when commissioners took a closer look at the proposed location, warning bells went off.
To be named Park Square Townhomes, the community is planned for 18 acres south of Sam Allen Road between Park Road and Maryland Avenue. The plan includes 180 town house lots and 5,000 square feet of commercial development.
Immediately across Park Road, Wal-Mart is preparing to build a supercenter.
On the north side of Sam Allen Road, the 397-acre North Park Isles Canoe & Kayak Club also is coming up for rezoning. The project will include 477 single-family lots and more than 470 multifamily units sited among several man-made lakes.
The prospect of all those cars on Park Road made some commission members want to put on the brakes.
Mayor John Dicks wondered what impact "600 people" from the town house community would have on area traffic, and Vice Mayor Rick Lott questioned the advisability of approving projects in the area that might overload the roads before Wal-Mart's development.
When Wal-Mart comes up for approval, area traffic might be too heavy to permit further development, he said.
Commissioner Mary Yvette Thomas-Mathis, who lives on Maryland Avenue, said traffic in the area already is a problem. Commissioner Robert Brown wanted to know whether Park Square vehicles could be restricted to a right turn only on Park Road.
The city's principal planner, Phillip Scearce, said the state Department of Transportation is going to four-lane Park Road from Interstate 4 to Sam Allen Road. If the Wal-Mart project goes through as expected, a break would be created in the median to let vehicles turn into the store. A traffic signal would be installed at the store's expense.
Scearce said consultants have recommended a traffic signal at Park and South Frontage roads, which is considered a dangerous intersection. The state Department of Transportation plans to install a traffic light at Sam Allen and Park roads, he said. He added that if the traffic increase warrants it, a signal would be installed on Sam Allen Road at Maryland Avenue at the North Park Isles developer's expense.
Attorney Jamie Davis, representing the Park Square developers, argued that it would be unfair to deny their rezoning request because of future development expected in the area. His clients had "done everything city staff asked," and their application should be considered on its own merits, he said.
Brown agreed.
"Are we being fair to this petitioner?" he asked when Dicks suggested continuing the hearing "to a date to be determined."
Commissioner Bill Dodson noted the project was approved by the Planning Board and state agencies. He and Brown wanted to approve the rezoning request immediately.
However, Dicks, Lott and Thomas-Mathis wanted time to think about the big picture.
They voted to continue the public hearing to April 10.
Also scheduled for the April 10 commission meeting is a public hearing on the North Park Isles rezoning request.
Apr 2, 2006
Clogged Artery
By SALLY VILLARREALsvillarreal@highlandstoday.com
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by: BEN SMIDT Traffic becomes congested along the intersection of U.S. 27 and Sebring Parkway during rush hour Thursday afternoon. |
Today, everything is much different. Now Lebron avoids U.S. 27, taking State Road 17 to work despite the fact that Homer’s is in the Sebring Square shopping center on U.S. 27.
“It’s getting heavy,” Lebron said of the traffic on the highway.
People going slow in the left lane is one of the biggest problems, according to Lebron.
“Then on the right you have all those trucks,” he said.
There are approximately 2,000 miles of roads in Highlands County, according to Don Hanna, planner II for Highlands County, but most of the traffic is concentrated on a 48-mile stretch of highway.
All roads in Highlands County lead to U.S. 27, and that’s a problem, Hanna said, especially for the 30 miles of road that connects Avon Park, Sebring and Lake Placid. U.S. 27 stretches from the North Florida to Miami, which means it handles the traffic from county residents, as well as people who are traveling through the state.
“U.S. 27 is by far the worst,” Hanna said.
Engineers rate how well a road handles traffic by grading the level of service on the road from A to F. Hanna said anything that is a C or better is considered acceptable. U.S. 27 has been given a D from New Landings Road to State Road 64 and an F from State Road 64 to Stryker Road. Even with $850 million in improvements planned in the next 24 years, parts of the highway are expected to be rated F in 2030.
Speeding and traffic congestion are the biggest traffic problems on U.S. 27, according to Captain Paul Blackman of the Highlands County Sheriff’s Office. Blackman spends much of his time patrolling and issuing traffic citations on U.S. 27.
Blackman gets lots of complaints about speeders and reckless drivers on U.S. 27, especially near Sun n’ Lake and South Florida Community College, from George Boulevard down to U.S. 98 and in front of Lakeshore Mall.
His advice to drivers is “just don’t be in such a rush.”
Some of the most troubled areas on U.S. 27 include the intersections at Hammock Road and at State Road 64. However, the Hanna said the worst spot of all is at U.S. 27 and Schumacher Road.
“That’s kind of ground zero in the county,” Hanna said.
An average of 42,551 cars go through the intersection of U.S. 27 and Schumacher Road each day.
Jeff Johnson is manager at the Wal-Mart at U.S. 27 and Schumacher Road. Johnson said Wal-Mart and Hill-Gustat Middle School are the two biggest draws off of U.S. 27.
“We’re probably the two big indicators off Schumacher,” he said.
Johnson believes the extra traffic has helped his business. Wal-Mart’s parking lot has three entrances on three different streets, which helps alleviate the traffic.
However, the highway is not always a positive thing for business. Theresa Gutekunst, who works at the Sammich Place on the Circle in Sebring, wishes downtown Sebring was still the center of town. She believes many drivers don’t see some of the smaller businesses in downtown Sebring because so much business is concentrated on the highway.
“We’d like to bring some people back downtown,” she said.
However, Elisa Jones, president of the Lake Placid Merchant’s Association, thinks downtown Lake Placid has been immune to many of the affects of U.S. 27 because the town has murals and other attractions that encourage downtown visitors to stop and look around.
“On 27 they’re zooming by,” she said.
U.S. 27 is the county’s only major route from north to south, and there are no major routes from east to west. Building two alternate routes around U.S. 27 are the county’s top priority, Hanna said. One route to the east would connect the Sebring Parkway to an Avon Park Parkway. The route to the west would connect County Road 635 from State Road 64 to State Road 66. Hanna predicts that most of the through traffic would stay on U.S. 27, while most local residents would use the alternate routes.
The county is also planning on expanding U.S. 27 from four lanes to six lanes from State Road 66 to State Road 70.
Hanna said many coastal counties are facing similar problems.
“There’s just not many parallels,” he said.
Funding has an impact on the future of the new system.
“A lot of this is a function of how much money we collect through the impact fee system,” Hanna said.
Hanna said the county is struggling to make these new improvements while keeping up with projects they’ve already committed to doing.
“We’re fighting a two-headed monster,” he said.
Family lives in little house on the island in Biscayne Bay
BISCAYNE NATIONAL PARK, Fla. (AP) -- On a fog-shrouded winter morning, the traffic reports are forbidding: multiple-vehicle pileups. Miles-long traffic jams. Half-hour toll-gate waits.
But Tom Rutledge's eight-mile, 30-minute commute is clear sailing - or more accurately, outboard motoring.
His 23-foot boat skims the shallows of Biscayne National Park above clusters of coral, sponges resembling hubcap-size doughnuts, skittering spiny lobsters, browsing manatees and darting mullet.
Rutledge, a National Park Service ranger since 1976, has been stationed on Adams Key for 18 years, a 79-acre dot in the vastness of Biscayne Bay, inhabited by humans for 4,000 years.
Once home to the Cocolobo Club, built in 1916 by Carl Fisher as an exclusive resort, it is now home to just five people: Tom and Becky Rutledge and daughters Amelia, 9, and Meredith, who turns 12 on Feb. 16; and Ranger John Bittner, 33, who lives next door, in a two-bedroom, one-bath bungalow on stilts, nearly identical to the slightly larger house the Rutledges rent for $500.
The key is so remote that it is its own voting precinct.
There's also a public dock, picnic tables and a half-mile nature trail for visitors, who number about 150 per month.
If the Rutledge family's life were a television show, it would be Little House on the Island, idyllic and wholesome in a way that hardly seems possible in a wired and harried world.
The girls have been home-schooled all their lives, mostly because of logistics. Their science lessons are all around: sea-turtle nests and the island's centuries-old shell middens. The bay's flora and fauna. Meteor showers and constellations, so much clearer than from the mainland.
Recreation is fishing, boating, snorkeling and bird watching: "great preparation for their lives outside," Tom says.
They've had a pet praying mantis named Henrietta, and have befriended a great white heron named Big Bird and his night heron sidekick, Night-Night, regular visitors to their dock.
"That bird is so full of himself!" Amelia declares, hands on hips, as she spots Big Bird at the water's edge of nearby Elliott Key one evening. "He got into my bait bucket and got the pilchers!"
Somehow, the girls manage to survive without a home computer and weekends at the mall. They regularly cook family meals - often fish they've caught - and read voraciously from shelves lined with animal books and wildlife guides.
Television is limited to the networks and PBS, and not much of that, Becky says. Communication is by cellphone.
"This environment is good for kids," Becky says. "What an opportunity. How many kids get to live in the middle of the ocean? Kids sit in school all day and come home and have tons of homework and there's no place for them to go play because the neighborhoods aren't safe.
"My kids have learned to entertain themselves. Meredith will do beading. Amelia will listen to books on CD. They'll do gymnastics in the yard. They'll pick up trash around the island without being asked. They'll collect lizards and hermit crabs. I hardly ever hear my kids say they're bored."
Tom Rutledge: "I knew we were raising them right when a couple of years ago I said, `Meredith, what do you want for Christmas?' And she said, `A cast net and a fillet knife.' All right!"
They go to town - Homestead and Florida City - several days a week for piano and dance lessons, and often venture deeper into Miami-Dade County for modeling jobs.
The girls have thick portfolios of European catalog work and print ads for stores like Macy's, Target and Kohl's.
But the family's island idyll is drawing to a close. Tom, who turns 54 Sunday, faces mandatory retirement from the Parks Service at 57.
He and Becky - who turns 52 on Monday - have bought island property in the Charleston, S.C., area, near relatives. They're studying stilt-house plans and will soon start to build in a place of "roads and churches and Wal-Marts, so you don't even know you're on an island," says Becky.
Still, there are marshes and tidal creeks, so the girls anticipate the change with mixed feelings.
On the plus side: shrimping, crabbing and living within biking distance of their cousins.
The minuses: "I'll miss the easiness to get out and do something, like go out in a boat and go kayaking," Meredith says.
"I like being able to see all the (island's) animals, because in the city the only animals you get to see are pigeons or alley cats or stray dogs," says Amelia. "And the city smells bad."
But she looks forward to public school.
"I'm not saying I'm going to love it, but I just want to try it," she says. "I love it here, but I love it there, too."
Tom and Becky Rutledge met when both were assigned to Shenandoah National Park in Virginia in 1977, Tom as an entrance-station supervisor, Becky as a seasonal worker.
By the time they married in 1981, Tom had fulfilled his dream of being a back-country ranger, at Shenandoah. Until landing permanently on Adams Key in 1988, the pair - together or separately - worked at Dry Tortugas National Park, Big Cypress, Lake Clark in Alaska and Everglades National Park.
Becky, from upstate New York, resigned from the service in 1994 after Meredith was born, rather than move to town and put her daughter in day care.
"It worked for us, but it's tough," Tom says. "The real downside is that Becky loses her retirement (although) we haven't been frugal to the point of not having fun."
"It's a choice we made," Becky adds. "We don't do anything fancy or own fancy things or dress fancy or take fancy vacations."
Tom, a Virginian, always knew he wanted to work outdoors. His father is a retired career Army officer who had a passion for the outdoors, his mother a retired costumed "hostess" at Colonial Williamsburg.
"I saw myself being a game warden in Montana or a wildlife biologist - it was either going to be the mountains or the seashore," he says. "The Parks Services was the first (agency) to call."
Now he's acting supervisory ranger, patroling the bay and its island campgrounds, always on call for emergencies at the nearby Turkey Point nuclear plant or firefighting in the Everglades.
It's with some concern that Tom Rutledge considers the park's ecological future.
"Biscayne is still OK because Monday through Friday, the park gets a chance to rest. But Friday afternoon through Sunday afternoon, Miami comes to the park, literally thousands of boats . . . Caesar's Creek is like I-95."
Some of the most difficult days are before hurricanes. "We stayed through Katrina and Irene," he says, "but if it's a 2 or greater, we leave." The rangers haul their boats on trailers to the old missile base in Everglades National Park, and the Rutledges move into a Florida City hotel.
For Becky, the biggest drawback to island life is the time it takes to reach the mainland.
She knows what she'll miss most: "that it's so peaceful and beautiful. How many people get to live on their own island without being rich enough to own one?"
For Tom, it's "the clarity of the water, like living in a big aquarium. Charleston has water, but it's brown."
His second career will be outdoors as well: "something fooling around in the marsh, maybe a bait store."
And he will look back at life on Adams Key the way he did after leaving Shenandoah and the Dry Tortugas: "I had a great time in all those places, and I know somebody else will take care of it."
Family values trump buyout offer
Firefighters practice on the property every few months and an artist created a large sculpture on the property. This family sounds like its members have a very grounded view of the world. They value each other and their work more than the millions of dollars offered for their property.
I'm dumbfounded by the comments and concerns of a relatively new neighbor. The neighbor does not like the "element" that a junkyard attracts. From the article, we learn that the neighbor knew the salvage yard was there when she purchased her home. Now she is complaining to the authorities about its existence. Oh, I am sure there are trucks hauling wrecked vehicles in and out during the day, along with cars carrying automobile restorers and body-shop employees.
But the neighbor's kind of thinking -- more $400,000 homes would be OK -- has helped clear our state of a lot of other so-called nuisances: panthers, armadillos, wild pigs, scrub jays, eagles, etc. The "I've moved here, so you need to vacate" mentality has negatively impacted our wildlife, our water and our very quality of life.
I'll take having people like the Gluecks in the community over their complaining neighbor anytime. They make money the old-fashioned way instead of worrying about a rise of property values.
Eleanor VanSant
Englewood
4-story Wiscon condos planned
By DAN DeWITT, Times Staff WriterThe developer will bring a proposal for a three-building, 288-unit project on Wiscon Road to county planners April 10.
Published April 1, 2006
BROOKSVILLE - Hernando County may soon see its own version of the high-rise condominium projects common in Hillsborough and Pinellas counties.
The buildings proposed by GCMB Partners LLC of Seminole are hardly skyscrapers, but at 60 feet and four stories high they will tower above most residential projects in Hernando County.
The company plans to build the three buildings, with a total of 288 condominiums, on 44 acres on Wiscon Road, about 2 miles west of U.S. 41. The project, which will come before the county Planning and Zoning Commission on April 10, is the latest indication that development in and around Brooksville is rapidly spreading, even to land that once might not have been considered prime for development.
The property is currently zoned for agricultural use, and much of it is designated as rural on the county's future land use map. It also includes wetlands and lies partly within the flood plain of nearby Peck Sink, a sinkhole that drains thousands of acres in and around southwest Brooksville.
The county planning staff is recommending approval of the plan, though it would require a 75-foot natural buffer to protect the wetlands that flow into the sink. It also would require that all roads and the floors of the buildings be above the flood levels established in a watershed study that currently is being completed by the county and the Southwest Florida Water Management District.
Ginger Garnett, a local real estate broker who is the local representative for GCMB, was not available for comment Friday.
Deputy County Administrator Larry Jennings said the studies of this and other drainage basins in the county are expected to be approved by Swiftmud within a few months and should not hold up the project.
One reason the project is appropriate for this site, Jennings said, is the development on surrounding land, including the new Brooksville Regional Hospital, which borders the site. Doctors offices and commercial areas are expected to follow the hospital, which opened last year.
The county is requiring the developer to build a frontage road to connect it with nearby parcels on Wiscon.
Jennings mentioned the project at a joint meeting between the County Commission and the Brooksville City Council on Thursday. At the same meeting, Bill Geiger, the city's community development director, said that plans for about 4,100 new houses, apartments, townhouses and condominiums have been approved or will soon be submitted to the city.
Among those projects is one that includes three-story condominiums being built by longtime developer Charlie Sasser about a mile northeast of the GCMB site. Geiger's list did not include the GCMB condominiums, which are outside the city. Also, because the GCMB land does not border the city limits, it cannot be annexed immediately, Geiger said.
Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116.
[Last modified April 1, 2006, 00:55:17]Developer-exploited tax reform bill languishes in Legislature
ORLANDO, Fla. (AP) -- Walt Disney World avoids $1.5 million in Osceola County taxes each year by leasing some of its land to a farmer and claiming almost 650 undeveloped acres as timberland and swamp marsh.
An Atlanta developer accomplishes roughly the same thing with a small handful of cows and horses and a big lot of young pine trees on 850 acres in neighboring Orange County.
Some say Disney, developers and others are abusing Florida's Greenbelt Law, which provides tax breaks to farmers who own agricultural land and was in the crosshairs of state House and Senate reform bills proposed this legislative session to overhaul it.
The 1959 law, which saves Florida agriculture landowners $950 million annually, was intended to keep farmers in business, but critics say it is also used to shelter developers and landholders from big tax bills on property they intend to sell or build upon.
However, opposition from farmers and the political pressure of an election year have already killed the reforms. On March 21, the measure died in its first hearing after the Senate Agriculture Committee decided to postpone a vote and study the issue for a year, with potential changes next session.
"We don't feel that it's fair that these people are getting ag exemptions on these properties. Once we put it on an ag value, the rest of the taxpayers have to pick up the tab for that," said Hope McKinnon, agriculture appraiser for Osceola County. "We feel that if they're legitimate ag businesses, they should be entitled to it. If they're not, they shouldn't be eligible for that tax break."
Opponents of the reform bill, like the Florida Farm Bureau, argued there were already provisions in place to prevent abuses of the law on valuable undeveloped land.
"The Greenbelt Law has achieved exactly what the Legislature said it wanted to achieve," Farm Bureau executive director Pat Cockrell said. "We feel that the agricultural assessment is best dealt with at the county level."
Winter Garden nurseryman Monty Knox says he couldn't stay in business without state tax breaks on the 45 acres he owns in the rapidly developing suburbs around Orlando.
Knox saves tens of thousands of dollars under the Greenbelt Law, paying a fraction of the value for land he purchased a decade ago at $5,600 an acre that's now worth more than $50,000.
"I couldn't pay the property taxes on it otherwise," Knox said.
Disney spokesman Jacob DiPietre said the company's Osceola County land is an appropriate exemption because it's been leased to the same farmer for 50 years.
"This may be a savings of $1.5 million on this particular piece of land, but we pay more than $450 million in taxes each year," he said.
Cockrell and other opponents also say they don't believe the law is widely abused. Even those who want to change the law say there are no hard statistics on questionable exemptions, only anecdotes.
"We are very concerned that you take a few instances and then they're going to change the entire state policy based on a few examples," he said. "There's the law of unintended consequences where we're not sure how everything is going to work out."
Sen. Steve Geller, who sponsored the bill, said he used to drive by a property in the Fort Lauderdale suburb of Pembroke Pines that was completely cleared of trees and grass, but had four cows on it.
"It's clear that people have been calling Hertz rent-a-cow. They are renting cows just so they can keep the ag sales tax break. That's not a legitimate use," the Hallandale Beach Democrat said.
County appraisers often try to fight illegitimate agriculture exemptions on land but frequently lose in appeals to the value adjustment board.
"Historically they go on the use of the property. If there are cows on it when it's sold, they allow the exemption," McKinnon said.
Orange County Appraiser Bill Donegan expressed similar frustration.
"Our contention is, when you stop using the land for agricultural use, you cease to get an agriculture exemption," he said.
Donegan said he was disappointed, but not surprised the reforms failed.
"I would've liked to have seen it at least debated a little bit, but I just don't believe it's going to happen," he said.
The Senate bill (SB 2378) would have removed exemptions for land approved by county permit for a new building or facility not used for agricultural purposes. Its counterpart in the House (H 1385) would have pulled the break on land approved for permits that demonstrate an intent to change land use in the near future.
Bill sponsor Rep. Juan Zapata, R-Miami, said the issue was easily muddied by election-year politics. Still, he said he hopes for future reforms.
"The fact that people are talking about it now is promising," he said.
Geller said the debate would be different next session after a year of study.
"In the past, they've argued there is no evidence as to widespread the problem is. Next year there will be evidence," he said.
Apr 1, 2006
Drain On Resources
By MIKE SALINEROmsalinero@tampatrib.com
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Photo
by: CHRISTINE DELESSIO / Tribune Limestone mines such as Rinker's, 60 miles north of Tampa, displace millions of gallons of water daily. Mining companies say the water returns to the aquifer. |
CENTER HILL - It's in your house, the roads you drive, the building where you work. Crushed limestone is even in your toothpaste.
In Florida, the white, chalky mineral is the lifeblood of the construction and road-building industries that drive Florida's red-hot economy.
"You can't build anything without us," said Jack Banning, president of the Florida Limerock & Aggregates Institute.
But Florida has another resource that even Banning agrees is more valuable than limestone: water. And the need to produce one while protecting the other is sparking a growing number of battles between Florida's commercial interests and conservationists.
Just last week, a federal judge sided with environmentalists in blocking a 5,000-acre expansion of rock mining in the Everglades. Closer to home, families who live near Rinker Materials' Center Hill mine in Sumter County, 60 miles north of Tampa, are hoping to stop an expansion there.
They say groundwater pumping is depleting the aquifer, opening sinkholes in their pastures and cracking the foundations of their homes. Complicating the matter are allegations that Rinker has been deceiving Sumter County authorities and the state about how much water it is dumping in a nearby creek, possibly wasting millions of gallons.
The Sumter County Commission has taken notice. In October, the commission denied Rinker's request to expand the 1,000-acre mine by 395 acres, in part because of concerns about groundwater. Rinker managers say the sinkholes occur naturally and that groundwater drawdowns are confined within the mine's borders. The company plans to ask for a rehearing before the commission.
Sinkholes In Sumter
Mining companies in Florida pump millions of gallons of groundwater daily to get the most value out of a quarry. Pumping lowers the water table so draglines can go into the mining pit and dig deep into the rock.
Sumter County is one of only four or five areas in Florida with significant limestone reserves, Bannon said. Six rock mines operate in the county. One of them is Center Hill, and it pumps about 33 million gallons of groundwater a day, according to state documents.
Mark Taylor, an Orlando firefighter who lives about a mile from the mine, said the pumping is causing his land, and the water in his pond, to sink.
Cracks have opened in the foundation of Taylor's home, his concrete driveway and his floor tiles. Engineers he hired said the cracks were caused by a combination of blasting at the mine and a drop in the water table.
A report by Rinker's engineers said blasting could not have caused the damage. The report said the mine had no effect on groundwater under Taylor's property.
Joy Guidry suspects the mine caused an ugly black hole in a pasture near her home. She noticed the sinkhole last summer, and it has gotten deeper since then.
She has seen other changes: Small springs that Guidry calls boils used to bubble in Jumper Creek, a stream near the mine that feeds the Withlacoochee River.
"I'm not a geologist; I have no clues how things work," she said. "But it's obvious things have changed."
Mark Stephens, a hydrologist who works for Rinker, said sinkholes occur naturally here. Sumter County is underlaid with porous limestone, a formation geologists call karst. The rock is riven with fissures and underground caves. Water seeps down through the limestone and travels sideways in underground rivulets and rivers, sometimes ending up miles from its origin.
Stephens said that rainwater, which is slightly acidic, accumulates in the cracks and dissolves the limestone. This weakens the rock so that it eventually collapses, producing a sinkhole.
"You can find sinkholes all around this county," he said.
Protecting The Aquifer
Since the mid-1980s, the state has required limestone mines to store their pumped water on-site. The theory, which some scientists dispute, is that the water soaks back into the aquifer.
John Parker, a scientist with the Southwest Florida Water Management District, said on-site water storage has been effective in protecting the aquifer from drawdowns.
Sydney Bacchus, a hydroecologist and opponent of mining, disagrees. She said the empty mine pits act like a magnet, pulling groundwater for miles. The water in the pits evaporates in the hot Florida sun. The water can also pick up pollution and pathogens.
"Those millions of gallons a day they are discharging are draining the aquifer of water that could be used by surrounding communities for potable water," she said. "The aquifer is not an infinite source of water."
Bacchus said mining sucks water from wetlands, leaving them vulnerable to exotic, invasive plants. Unlike native plants, which conserve water, the invasive species lose water through evapotranspiration. As the wetlands dry up, the aquifer loses vital water storage.
Permit Violations
At the Rinker mine, water is routed from the remaining active quarry into a ditch, then to four empty mine pits. In these azure-colored lakes, framed starkly by white rock, the water supposedly returns to the aquifer. When the lakes get too high, the water is dumped into Jumper Creek.
Rinker officials say that of the 33 million gallons the mine pumps daily, all but 6 million gallons goes underground via the ditch and pits. Much of the water dumped into Jumper Creek also returns to the ground, they say.
Nearby residents John Megan and Louise Racine dispute Rinker's claim. The couple say Rinker has deceived regulators and wasted water. Public records seem to substantiate the couple's assertion.
For instance, the mine's permits say water discharges should happen only after heavy rains. Yet hydrologist Stephens conceded that the mine is dumping 5 million to 6 million gallons a day.
Water district documents indicate the mine may be dumping more than that. In a February letter to Rinker, the water district said discharges held at 9.5 million gallons a day from June 2004 to December 2005.
The district also said that a constant discharge of 9.5 million gallons does not correspond with rainfall, as spelled out in the permit.
"Our expectation was [discharges] would be episodic after a big rainfall," said Parker, the district scientist. "We didn't expect it to be continuous."
Stephens said the mine must discharge because water tables are high.
Joey Chandler, chairman of the Sumter County Commission, said Rinker is being blamed for supplying what people want: roads, restaurants, shopping malls.
"I know people who would love to see mining go away," Chandler said. "Well, when they stop wanting roads and concrete, it will go away."
Mar 31, 2006
City, county meet over common projects
By TONY MARREROlmarrero@hernandotoday.com
BROOKSVILLE - Officials with the county and the City of Brooksville held their biannual meeting Thursday night to offer updates on several development projects and annexation proposals.
County planning director Larry Jennings gave an update on projects in the unincorporated area close to the Brooksville city limits. In some cases, county and city staff already have had discussions. In others, those still must occur, Jennings said.
The city has a first right of refusal area that, in most parts, surrounds the city limits by roughly five miles. In that area, the city has first dibs on providing utility services to any development.
When a development falls within that area, city and county staff share information and hash out who will offer services.
Among the projects Jennings mentioned:
* A condominium development east of Brooksville Regional Hospital, with access points on Cortez Boulvard and Wiscon Road, featuring 288 units on 44 acres. The project is expected to go before the planning and zoning board this month.
* A mixed-use development behind the Lowe's on U.S. 41 in Brooksville. The project has access to both Wiscon and Mason Smith roads and features both residential and commercial units. The zoning has already been approved.
* An informal proposal to expand the existing Hernando Oaks residential community on U.S. 41 in Brooksville. The proposal would expand the development to the north and west but is "far out into the future," Jennings said.
* A residential project with mostly single-family homes and some commercial units north of Yontz Road and west of U.S. 98. The proposal is slated to go before the planning and zoning commission in April.
* A residential development featuring roughly 70 single-family units south of Yontz Road between U.S. 98 and Howell Avenue.
* An industrial project north of the truck route portion of Cortez Boulevard and east of Main Street.
* And a residential development near the southeast intersection Cortez Boulevard and Jefferson Street, with 398 single-family and single-family-attached units on 88 acres.
Brooksville community development director Bill Geiger presented more than a dozen development projects in various stages of the approval process within the city limits, as well as several annexation petitions in the works.
Among the larger proposed projects within the city limits that Geiger mentioned:
* An expansion of Southern Hills Plantation, between U.S. 41 and Hope Hill Road, featuring roughly nearly 1,000 units on 1,189 acres
* A residential project called Majestic Oaks east of McIntyre Road and north of Richbarn Road. The development, in the northwest corner of the city, would feature roughly 900 units on 428 acres.
* A residential project at the Brooksville Country Club, off Croom Road in the northeast portion of the city, would feature roughly 133 units on 169 acres.
* A residential development east of Jasmine Drive and south of Mondon Hill Road, with some 400 units on 191 acres.
* A residential project east of the nexus of U.S. 41 and Howell Avenue would have roughly 850 units on 425 acres.
* A residential developments in southeast of the intersection of Jefferson Street and Cortez Boulevard bypass, featuring some 105 units on 48 acres.
* Southern Pines, a residential development between Cortez Boulevard and Mobley Road featuring roughly 284 units on 41 acres.
* And a residential development near Southern Hills Plantation, east of U.S. 41 and south of Pine Cabin Road, with 925 units on 411 acres.
Geiger also pointed out a 1,400-acre swath of land east of Hope Hill Road, near the CSX railroad tracks, in which developers have expressed interest.
Geiger said the number of annexation requests to his office has slackened recently. The largest recent request is a 442-acre parcel owned by Daryl McAteer. Real estate speculators already have expressed interest in the parcel east of Southern Hills Plantation, Geiger said.
Geiger also presented the city's five to 10 year service and infrastructure planning boundary, a large loop outside of the city limits where the city figures it will need to expand utilities for impending growth.
Geiger stressed the area should not be considered "an annexation boundary."
Rather, said Mayor Joe Johnston III, it's a way for the city to stay ahead of the curve of rapid growth.
"We don't want to be caught flatfooted," Johnston said.
Commissioners offered no comment on the plan during the meeting. On Friday, Jennings said county staff is still reviewing specifics of the plan but that "the idea makes sense."
Despite a contentious history between the two parties over potentially lucrative utility agreements, the meeting was cordial. Representatives on both sides said communication is improving, something officials have said was lacking in the past.
The city and county have an agreement to meet every six months.
"This is a good opportunity to show the community we're not fighting," said Commission Chairwoman Diane Rowden. "We all live in the same county and it's important for residents to know we have their best interests at heart and want to work together before problems come up."
Reporter Tony Marrero can be contacted at (352) 544-5286.
Church objects to giving land to county
By GARRETT THEROLFUnder a controversial ordinance, the church will have to give some of its property to the county for future road expansions.
Published April 1, 2006
LAND O'LAKES - County government, Father Ron Aubin told his flock Sunday, works in mysterious ways.
To build the new classrooms it needs for catechism, he explained, Our Lady of the Rosary Catholic Church would have to present an offering of some land to the county.
"It's extortion," Aubin said in an interview later. "I'm actually kind of shocked by it."
The dispute stems from an ordinance that county commissioners approved last summer aimed at widening roads quickly and cheaply.
Every time a land owner requests a permit to build something substantial, the county demands any land needed for future road expansions, even if the expansion is planned for the distant future.
And the county wants it for free.
The new law has ignited a flurry of objections from landowners who, like the church leaders, say it amounts to an unfair seizing of land. About a dozen such owners are already pursuing a formal appeals process, County Attorney Robert Sumner said.
In the church's case, Collier Parkway is scheduled to eventually be widened in a way that would stretch 11 feet into the church's property. It's not clear when the expansion would occur; it is not on the county's five-year road construction plan.
"Of course, it would be a nice gesture if we just gave them the land, and I understand the county wants to save every dollar it can, but you can't save money by stealing from the citizens," Aubin said.
"I'm sure that big developers are willing to grant big concessions because they have a major impact on the road. That's not what we're doing."
But that's exactly what the ordinance assumes of any substantial improvement to property. Unless the owner is able to prove otherwise, the county assumes it will have a traffic impact sufficient to require the donation of any needed land for expansion of roads.
It's up to the landowner to argue that the development will not have an impact on traffic. If such a formal objection is filed with the county, the landowner is required to appraise the land in question. The County Commission will vote on any payment by the county. Sumner acknowledged that the county staff doesn't always make that option clear to owners.
The assumption that the land should be given to the county for free, Commissioner Ann Hildebrand said, was based on the question, "Where do you draw the line between something that has a traffic impact and something that doesn't?"
Hildebrand said she regretted that the ordinance is negatively impacting a church, but she said that by aggressively exercising rights to obtain land, the county is better able to keep pace with traffic needs.
Hundreds of millions of dollars are being funneled to county roads over the coming years by state transportation authorities. Hildebrand said the county won so much money in part because it had already obtained the necessary property and was ready to go.
"Obviously every dollar the church gets is precious to what they are doing, but everybody doesn't want to be stuck in traffic either," Hildebrand said.
Garrett Therolf covers Pasco County government. He can be reached at 1-800-333-7505, ext. 6232, or in west Pasco at 869-6232. His e-mail address is gtherolf@sptimes.com
Mar 31, 2006
Sinkhole swallows drilling equipment
By CHRISTI STEVENScstevens@hernandotoday.com
SPRING HILL - A sinkhole in the back yard of a home in southwestern Hernando County swallowed a large piece of drilling equipment Friday afternoon.
The sinkhole had opened up recently on Catalina Street and the homeowner had hired a contractor to fill it in, according to Mark Tobert, senior emergency management coordinator.
Tobert said the contractor was using digging equipment Friday to prepare the sinkhole for filling when the hole widened.
"The ground collapsed around it and the drilling equipment fell in," Tobert said.
He said the hole is estimated to be about 10 feet across and 15 feet deep.
Because the sinkhole is on private property in a fenced-in back yard, the county will not be involved in the repair process.
"It's not a threat to public safety. It's not a threat to the roadway. It's not a threat to other houses," Tobert said.
The sinkhole is about five blocks from several others that opened March 3 along Cobblestone Drive.
Six sinkholes opened within a one-block radius, the largest of which swallowed a concrete truck headed south on Cobblestone Drive. Others opened up on adjacent Toledo Road and in the yards of surrounding homes. The residents in that area were evacuated for several days while the county filled and repaired the holes and the roadways.
Reporter Christi Stevens can be contacted at (352) 544-5271.
Flooding project may get funding
By GARRETT THEROLFThe state Legislature okays $1-million for a project to fix flooding in the Duck Slough basin.
Published April 1, 2006
TRINITY - County leaders said this week that a $1-million cure is on the way for chronic flooding problems in the Duck Slough basin.
The project won inclusion in the Florida House and Senate budgets, which are moving toward approval in the Capitol. County Commissioner Ann Hildebrand said an aide of Gov. Jeb Bush indicated it will have executive support as well.
"I am very encouraged," said Hildebrand, who traveled to Tallahassee recently to lobby for county priorities, including the Duck Slough project.
State Rep. Tom Anderson, R-Dunedin, is sponsoring the project along with state Sen. Mike Fasano, R-New Port Richey.
Anderson said the area, which includes Trinity Oaks, Wyndtree, Chelsea Place, Oak Ridge and the Reserve at Oak Ridge, won out over other potential projects such as the Holiday area, where many residents also complain of flooding.
"There are so many projects, and most of them are very good projects, but the pie is only so good, and you can only do so much," Anderson said.
Even though the size of the allotment is substantial, county officials have said it would be only a down payment on the total cost to fix the problem.
A study conducted by the county and the Southwest Florida Water Management District, commonly known as Swiftmud, showed that the cost to solve the flooding problems could top $10-million.
During recent years, hurricanes submerged some of the roads in Nature's Hideaway, Trinity Oaks and Thousand Oaks, among other areas.
The drainage problem has been most dramatic in Thousand Oaks, where the roads began crumbling just two years after they were paved because of prolonged water exposure.
If the $1-million gains final approval, it would pay for design, permitting, land acquisition, bidding, contractor selection, engineering and inspection services.
Garrett Therolf covers Pasco County government. He can be reached toll-free at 1-800-333-7505, ext. 6232, or in west Pasco at 869-6232. His e-mail address is gtherolf@sptimes.com
[Last modified April 1, 2006, 00:55:17]Group Dealt Setback In Fighting Wal-Mart
Published: Apr 1, 2006
TARPON SPRINGS - A citizens group fighting to block construction of a Wal-Mart Supercenter on the banks of the Anclote River lost a key battle this week.
Now, Concerned Citizens of Tarpon Springs might be on the verge of losing its war against the retail giant.
"I'm not sure where we're going to go from here," group spokeswoman Joan Skaaland said Friday. "We've already spent well over $100,000. ... The legal system is not for the faint of heart, financially."
In a 12-page ruling issued this week, a panel of judges rejected one of two lawsuits aimed at overturning the city commission's approval of plans for a 204,000-square-foot store.
The approval came at a lengthy meeting in January 2005 at which residents objected to construction of such a large store on an undeveloped 74 acres on the east side of U.S. 19 just south of the river.
Both lawsuits allege the commission violated its land development code.
The project, according to the petition the judges denied this week, is "not compatible with the City of Tarpon Springs' cultural heritage, historical resources, tourist-oriented economy and environmental settings."
The three-judge panel said it is "not entitled to reweigh the evidence or substitute its judgment" for that of the city commission. Rather, the judges looked only at the procedure followed in granting Wal-Mart permission to build and concluded city commissioners acted within the rules.
The judges suggested a jury trial to settle the issue of whether the store is a proper fit for the community.
Such a jury trial is the object of the remaining lawsuit.
A jury trial, however, will be much more expensive than the appeal to the three-judge panel that was rejected this week, Concerned Citizens' attorney, Philip Campbell Jr., said Friday.
The commission's attorney, James L. Yacavone III, said if Concerned Citizens decides to pursue a jury trial, the city and Wal-Mart will push to have it soon.
"We're not going to allow them to drag it out," Yacavone said.
Skaaland said her group will meet Monday night to decide whether members want to finance a trial. The citizens group had hoped to avoid that expense by pursuing the appeal before the three-judge panel, she said.
If the group does give up the court fight, it will turn its focus to making sure Wal-Mart follows through on pledges to give the city 28 acres for a nature park, create man-made wetlands to replace those it builds on and to give the store a Greek-themed facade, Skaaland said.
"If they are going to build a Wal-Mart, we'll see to it they do what they are supposed to do," she said.
Land near springs no longer in Citrus-state swap
By CATHERINE E. SHOICHETThe property surrounding Bluebird Springs park is taken off the table after "about a half-hour of haggling."
Published April 1, 2006
HOMOSASSA - County officials are still hammering out the details of a land swap with the state, but one thing is certain: Land surrounding Bluebird Springs park is off the table.
The county is using 55 acres around the perimeter of the Central Landfill in Lecanto for gas monitoring wells required by the Department of Environmental Protection. That property is part of the Withlacoochee State Forest, and state forestry officials want county-owned property in exchange.
Originally, state officials had asked the county to consider donating land bordering the Homosassa Tract of the state forest.
That request drew protests from members of the Homosassa Civic Club, who said the property had been donated to the county for Bluebird Springs park by the club and the Pliss family.
In a meeting Thursday, officials agreed to take the Bluebird Springs property off the table "after about a half-hour of haggling," said Georgeanna Phelps, a local activist who attended the meeting. Phelps, 71, spent years leading volunteers to clean up the clogged springs and improve the park.
"It looks like we saved it," she said.
Phelps said she is relieved. But county officials are still trying to complete a land swap deal to satisfy the state's request. They have until Tuesday to finish a lease agreement with the state, said DEP spokeswoman Pamala Vazquez.
But the county's director of solid waste, Susie Metcalfe, said Friday that county officials have asked the DEP for an extension. Vazquez said the extension request was still being considered Friday.
After the Bluebird Springs property fell through, state officials suggested another parcel as part of the swap: about 15 acres off Pleasant Grove Road on the southeast side of the forest.
That brings the total amount of property the county would give the state in the swap to around 33 acres, Metcalfe said. The county also will give the state about $110,000 worth of herbicides and road building materials as part of the exchange.
To move forward with the swap, the County Commission must approve the exchange at its next meeting April 11.
The state's Division of Lands will have the final say.
Keith Mousel, resource administrator for the Division of Forestry in Brooksville, said forestry officials weren't aware that the property they had asked for had been donated.
"It helped to talk with some of the folks from the civic club and let them understand why we asked for it," he said. "We didn't know all the particulars about it."
Metcalfe said Thursday's meeting helped clear up misunderstandings among state, county and civic club officials.
"It was considerably more complicated than we anticipated," she said.
DEP officials said the wells are needed because testing has revealed methane and chemicals leaking from old buried trash cells at the landfill.
On Sept. 20, the county entered into a consent agreement with DEP, agreeing to install the monitoring wells within 90 days.
Since then, the agreement has been extended at least twice while officials have tried to straighten out the land swap, Vazquez said.
Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.
[Last modified April 1, 2006, 00:55:17]Funding shift worries some leaders
County officials say Peace River moves too slowly to manage the massive water projects needed to meet the region's daunting water needs. They say there is also a lack of trust between the authority and some of its member counties.
But with the new rules, Peace River gains power in deciding which projects will get state funding.
State officials say the best, and perhaps only, way for Southwest Florida to produce enough water to serve a population that could nearly double in the next 30 years is through a coordinated regional effort.
"We're really at a critical moment in time," said David Moore, executive director of the Southwest Florida Water Management District, nicknamed Swiftmud.
Swiftmud supplies much of the funding for water plants, pipelines and other water projects in the region, and it won't be giving money to any more major projects unless they are first approved by the Peace River authority.
"The district governing board strongly believes in regionalization," Moore said at a meeting Friday of local governments in North Port.
Several local governments objected to the hardball move, with some complaining that the Peace River authority simply isn't up to the big task.
"The authority's not getting the job done," Charlotte County Commissioner Adam Cummings said.
The water authority is a partnership between four counties: Charlotte, DeSoto, Manatee and Sarasota.
Cummings noted that Charlotte County and the authority have long been sparring over the route of a pipeline to the Punta Gorda water plant. With plans to double its water production by increasing what it takes from the Shell River, Punta Gorda's expansion plans are an important piece of meeting the region's long-term needs.
It's been five years of arguing over the connection, and nothing has happened, Cummings said.
Cummings has also warned that Charlotte County's distrust of Peace River management would likely cause long delays in the planning of future projects.
Cummings is Charlotte County's representative on the four-member Peace River board, where contention has been blamed for the slow development of new water projects in the fast-growing region.
"I feel like a mushroom that's been kept in the dark," Sarasota County Commissioner Jon Thaxton said of Swiftmud's new policy favoring the water authority. The policy was approved by Swiftmud on Tuesday.
So far, the regional effort has "been run by the water authority and it has not been run well," Thaxton said. "And now you're putting that same leadership in charge."
The Peace River authority is about to begin construction on a major expansion of its Arcadia plant, which was partly funded with $40 million from Swiftmud.
When completed in 2009, the plant expansion will quench the region's water needs for four years before growth is expected to prompt the need for yet another major water source.
Even before then, the authority's water resources are projected to be running thin, partly because of rampant growth in North Port.
Swiftmud has an annual budget of $334 million, with much of that going to local governments in grants for water projects. Most of Swiftmud's money comes from property taxes, including a $42 tax for every $100,000 of property value.
The Swiftmud action arguably couldn't have come at a worse time.
Charlotte and Sarasota county officials mostly keep their thinly veiled dislike for Peace River's leadership, particularly Executive Director Patrick Lehman, away from the public eye. DeSoto and Manatee officials are strong supporters of Lehman, crediting him with strengthening the authority and the big plant expansion.
Perhaps no local government has a bigger interest in the success of a regional water system than North Port. While the city is working to develop more of its own water sources, it's always going to need the regional group to fill much of its water needs.
All of the governments agree that they have to work together in a regional effort to solve their water problems, said North Port Commissioner Fred Tower. But the top management of the water authority lacks credibility with local governments, he said.
Disputes between local governments and regional water authorities are common across the nation.
Other than the Tampa Bay water authority, which suffered through 20 years of water wars between its cities and counties, the Peace River region is the closest one in Florida to coming together to meet its water needs, said Lance deHaven-Smith, a Florida State University professor hired to facilitate talks between the disagreeing local governments and the Peace River authority.
"I've worked with districts all around the county, and everybody always hates the authority that they have," he said.
Sea Level Rise Project
Tampa Bay Regional Planning Council's Plan for the effects of global warming
Project Summary
As part of an ongoing program evaluating global climate change, the U.S. Environmental
Protection Agency (EPA) has initiated a nationwide project promoting planning for and
awareness of sea level rise. In 2000, the EPA issued a grant to the Southwest Florida
Regional Planning Council (SWFRPC) to participate in this program and coordinate the
study of sea level rise throughout the State of Florida. In late 2005, the Tampa Bay
Regional Planning Council (TBRPC) entered into a contract with SWFRPC to conduct a
study of sea level rise within the Tampa Bay Region.
This study creates maps of the Tampa Bay Region that identify the coastal areas that are
likely to be protected from erosion, inundation, and flooding from those areas where
natural shoreline retreat is likely to take place. This study is designed to support the EPA’s
national effort encouraging long-term thinking required to deal with the issues associated
with sea level rise. The ultimate goal of this project is to diminish losses to life and
property from coastal hazards, such as erosion and inundation, and to ensure the long-term
survival of coastal wetlands.
This study follows the general approach of other sea level rise planning studies sponsored
by the EPA. We are using decision rules defined by a statewide approach for identifying
likelihood of land use protection to characterize all uplands from 0 to 10 feet in elevation
and within 1000 feet of the shoreline into the following four general categories:
•
protection almost certain;•
protection reasonably likely;•
protection unlikely; and•
no protection.We have assigned colors to these categories to distinguish the protection scenarios on the
draft sea level rise maps prepared for each county.
The sea level rise planning maps, currently provided in draft form, are intended for general
planning purposes. The maps do not represent a comprehensive program to address sea
level rise, but rather constitute a planning baseline that decision makers can use when
evaluating land use, infrastructure, wetland permits, and other decisions whose outcomes
may be sensitive to future sea level rise, flooding, and shoreline erosion. The maps are not
intended to be based on a benefit-cost analysis, but rather based on the best planning
judgments of the local and regional authorities responsible for land use planning.
Given the broad planning context for this study, an analysis of specific parcels is beyond
the intended scope. However, the maps should be detailed enough to identify the
jurisdictions where factoring sea level rise into near-term decision making is most
important. The final report, including maps, is intended as a starting point to assist local
governments to engage in a dialog concerning sea level rise. The sea level rise maps are an
attempt to depict the expected response scenarios to sea level rise based on the best
currently available knowledge. In the future, local planners may decide that it will be wise
to retreat from lands currently deemed to be protected lands, due to coast and
environmental considerations. This project seeks to represent one of the first steps in
planning for sea level rise in the Tampa Bay Region.
For a summary of the project click here
For Tampa Bay Sea Level Rise Estimates click here
For the Statewide approach click here
For the Draft Map for Pasco County click here
Wiregrass Ranch Project Wins OK
Published: Mar 31, 2006
DADE CITY - Seven months after county officials rejected their plans, the developers of Wiregrass Ranch finally won approval Thursday for their city-sized project at the heart of Wesley Chapel. The project lies east of Bruce B. Downs Boulevard between state roads 56 and 54.
Don Porter, who has led his family's effort to "suburbanize" its 5,000-acre homestead, was happy to see the lengthy approval struggle end.
"Delay is the cruelest form of denial," Porter said.
From the back corner of the historic Pasco County Courthouse boardroom, Porter watched the final haggling between Wiregrass attorney Joel Tew of Clearwater and the Development Review Committee, led by County Administrator John Gallagher.
Porter conceded he missed some of the discussion because of hearing problems.
"But I saw a lot of people smiling," he said as the meeting broke up.
Developers hope to have state and federal wetlands permits within 60 days and final approval for the entire project by June. If all goes well, construction could start this summer, Tew said.
Thursday's approval ended nearly nine months of rancorous negotiations between Wiregrass and the county over the project's road network.
In the end, county planners got much of what they had asked for last summer, including a north-south road across the seniors-only Del Webb community. Developers had insisted a public through-road would destroy the gated enclave.
Frequently combative on the subject of Wiregrass, Tew was cooperative and accommodating Thursday.
"I'm pleased to tell you ... we only have an objection today to three items the staff is proposing," Tew told the DRC.
Those three items were central to the county's demand for more public roads within Wiregrass.
Since last summer, planners have demanded - over Wiregrass developers' objections - that the 5,000-acre project's road system have more public thoroughfares to spread around the massive traffic generated by Wiregrass and the surrounding developments.
Wiregrass' original road plan would have created gridlock long before Pulte built its 16,000th home, county planners said.
The final road plan up for review Thursday added:
•An east-west road linking Del Webb to the central "downtown" complex.
•Another east-west road tying the "traditional-neighborhood" community directly to Bruce B. Downs Boulevard.
•A frontage road paralleling State Road 56 on the north on the ranch's eastern half.
Tew persuaded the DRC to drop demands for a frontage road north of S.R. 56 that would have impinged on the Del Webb community. DRC opted for a frontage road through commercial property on the south side of the highway instead.
DRC members stuck to their guns on the two internal east-west roads. Gallagher expressed his concerns, however, about sending cars into Wiregrass' compact downtown.
"You're trying to make it walkable," Gallagher said of the town center. "You don't want to make it a parking lot for cars."
Gallagher offered to make one of the internal roads private to limit travel on it. That will depend on the outcome of the April 27 DRC hearing that will feature Wiregrass' plans for pedestrian traffic, he said.
Wiregrass project clears first approvals hurdle
By PHIL DAVISThe developers of the giant project give in and agree to build a pair of major connector roads through the property.
Published March 31, 2006
DADE CITY - Don Porter figured from the smiles Thursday that the county Development Review Committee had given the first of many approvals needed to build a massive housing and commercial development on his family's Wiregrass Ranch in Wesley Chapel.
They did. He had a hard smiling with them. Porter described seven months of back-and-forth between his attorney and county staffers as "painful."
"This isn't what I do for a living, so obviously I'm tired of everything," Porter said Thursday. "I think as long as government exists there will be delays."
Wiregrass still faces several layers of additional scrutiny, including a development of regional impact review by state and local agencies. Technically, Thursday's approval applied only to 1,999 homes in one segment of the property. But both sides agreed to tackle the road plans for the whole area.
The Porters and developer Pulte Homes got few of the concessions they demanded when they first went before the DRC in August. One key change: Pulte agreed to put a public road through its gated Del Webb retirement community.
The north-south road will connect State Road 56 to Chancey Road.
"We've given in on that," said Joel Tew, the developer's attorney. "We're simply going to have to put a lot of control gates on this access road."
The county staff insisted on a variety of public and private roads to relieve traffic in the already congested area. Pulte's plans could allow as many as 16,000 homes and millions of square feet of commercial space on the former ranch.
Pulte also agreed to build frontage roads along the State Road 56 extension.
Tew also argued against an east-west connection from Bruce B. Downs to a proposed "town center" on Porter Boulevard. He said the road didn't fit with pedestrian-friendly plans for that community.
County Administrator John Gallagher was supportive of pedestrian enhancements but voted with the rest of the committee to require Pulte to build the road.
Gallagher said the key to easing the area's uncertain traffic woes was to make sure residents of all the developments in the area could bike or walk - or drive a golf cart, he conceded - to a proposed retail "town center."
"Where are they going to park?" Gallagher said. "I don't want it to end up like Brandon town center where you can't get in and you can't get out."
[Last modified March 31, 2006, 01:09:18]LAKELAND
Land Purchase Plan Progresses
The proposed purchase of a 4,500-acre ranch in the Green Swamp for
environmental preservation advanced this week.
The Southwest Florida Water Management District's governing board has
approved an agreement with the state to share the cost of purchasing the
property. Polk County's Environmental Lands Program is also a partner in the
purchase.
The ranch is owned by prominent local rancher Charlie Mack Overstreet.
Swiftmud officials say they are completing negotiations for the purchase and
expect to present an agreement for the purchase of the property at the April
25 meeting.
Swiftmud Settles Lake Van Lawsuit
Southwest Florida Water Management District officials have settled a 1998
suit against Auburndale businessman Lin Fung To.
The case involved illegal dredging and filling around Lake Van near
Auburndale beginning in 1996.
Under the settlement approved by Swiftmud's governing board Tuesday, the
defendants, which also include Lake Van Nursery and Citrus & Cattle Co.
LLC, will be required to pay $49,000 and restore the area that was damaged.
The restoration project will involve killing exotic species that have moved
into the altered area and replanting the site with native wetlands plants
within six months.
The settlement also requires monitoring to ensure that the project is
successful.
Bill Would Bulldoze Wetlands, Local Rules
Published: Mar 30, 2006
A measure that would strip local governments of their ability to protect wetlands reveals just how out-of-touch state lawmakers can be.
Florida has lost more than 60,000 acres of wetlands in the last decade, and development claims thousands more acres each year. Yet the state House wants to make it even easier to bulldoze the marshlands that filter water, prevent flooding, slow erosion and provide wildlife habitat.
A House bill aimed mostly at revising environmental regulations in northwest Florida contains a provision that would prohibit local jurisdictions from enforcing wetlands protections that are tougher than rules of the state Department of Environmental Protection or the five water management districts.
This would rob local governments of their ability to oversee local resources. Hillsborough, in particular, has more rigorous wetlands protections than the state.
The state should establish minimum standards, but local governments, which best know the needs of their communities, should have the final say on resource protections. A rural county may not want to be quite so cautious about wetlands as a rapidly developing area with flooding problems.
The measure is a threat to the environment and an insult to home rule. It should be dropped.
Some lawmakers want a total ban to protect the state's Gulf coast.
The U.S. Department of the Interior, over the objections of Gov. Jeb Bush and most of Florida's congressional delegation, has moved forward with plans that could allow drilling to begin as early as next year in portions of the gulf.
Rep. Gus Bilirakis, R-Palm Harbor, called his bill a "no way" policy that would state Floridians "don't approve of oil or gas drilling and associated activities in our waters and we will do everything we can under state and federal law to make sure our voice is heard and that our disapproval is felt."
The bill originally simply reaffirmed current policy that no drilling for gas or oil could occur in waters under Florida' direct control, including the nine-mile buffer outside of the state's Gulf coast.
But the bill was amended in a House committee Thursday to require the Florida Department of Environmental Protection to tell the U.S. Department of Commerce that oil drilling anywhere in Gulf of Mexico waters south of the Panhandle to the Florida Keys would violate the state's rights.
Rep. David Simmons, R-Longwood, said a provision in federal law requires the federal government to adhere to the state's wishes on offshore drilling even in water not directly under the state's control.
He cited the 1972 Coastal Zone Management Act as the mechanism for state control over waters outside its immediate oversight. The Bush administration is attempting to revise that act.
"We do have the right to deal with our own destiny," Simmons said. "We have not ceded that up to Congress."
Despite strong bipartisan support, the bill faces a long road. The Legislative session ends on May 5 and the state Senate has yet to even offer a companion measure that would be necessary for final approval.
David Mica, executive director of the Florida Petroleum Council, called the bill an "extreme measure" that ignored the overall safety of oil drilling.
Mica added that many Floridians support drilling, as long as it's not visible from the coast, as they begin to realize the need to generate oil and gas.
"The politicalization of this issue has just gotten to such a point that I don't know what to say," Mica said. Banning drilling in the gulf, he said, "makes us more dependant from outside sources as Americans. Every gallon that we don't produce has to come from somewhere else."
Mica told the House Economic Development, Trade and Banking Committee that he would be "surprised" if the federal government accepted Florida's demand for an outright ban.
The Florida Petroleum Council is backing another bill sponsored by Sarasota Republican Rep. Donna Clarke that would require the state to study possible impacts to offshore drilling by hurricanes or other events.
That proposal met with skepticism from Rep. Will Kendrick, R-Carrabelle, who represents six counties in the Big Bend along the Gulf.
"Just doing a study without any results expected from it isn't any good to anyone," he said Wednesday. "Why not just do something?"
Bilirakis touted the importance of the coastal waters to the state's tourism and seafood industries. Mica told the committee that, "I don't know of any kind of study that shows any kind of devastating effects" of drilling in the gulf.
"I'm not sure that the industry would share the worst case scenarios," Bilirakis retorted.
While legislative support is strong for a total oil drilling ban, a few lawmakers acknowledged the other side.
"You can't just nix everything," said Rep. Trudi Williams, R-Fort Myers, who voted for the bill.
Rep. Nancy Detert, R-Venice, said half of her constituents are probably willing to allow drilling in the Gulf. But she decried the pressure from around the country to start drilling near Florida.
"We feel different than all the other states," she said. "It's easy to live in Iowa and say we need to drill in Florida."
Builders Get Time To Catch
Breath
Some Four Corners developers welcome higher interest
rates and inflated dollar.
By Mike Grogan
The Reporter
FOUR CORNERS -- The softening of the real estate market locally and
nationally is not deterring developers from going forward with plans for
adding new rooftops in Four Corners and throughout Central Florida.
In fact, many see the changing market as a plus instead of a minus because
it is allowing them to catch their breath after months of helter-skelter
development that has been led by the investment-home side of the building
frenzy.
"I actually welcome the slowdown," Eric DeVuyst, owner of RDV
homes, told The Reporter.
RDV is the developer of Villa Sorrento, a community of 82 short-term
rental homes on Bates Road in Haines City. In the building boom that had
hit Northeast Polk County so hard in the opening quarter of the 21st
century, much of the impetus behind the short-term rental market has come
from overseas, especially Great Britain. Low interest rates on home loans
and exchange rates that strongly favored the British pound over the U.S.
dollar made Florida vacation homes an attractive investment for Brits. In
recent weeks, however, interest rates have been inching upward while the
gulf between the pound and the dollar has narrowed.
Scott Laucombe, executive director of the Polk County Builders
Association, said those two factors have definitely altered the
marketplace because they have chased off the investor looking to turn over
property in a hurry.
"They're called dolphins," he said. "They're flippers
wanting to flip the property."
That quick buck mentality has been prevalent during the boom and has been
responsible for driving up prices.
"Prices of land, houses, apartments turning into condos . . . they've
all gone up because the profits were there," Laucombe said.
DeVuyst said that is changing.
"The market is slowing down," he insisted.
There was pressure on developers to build homes in a hurry and get them
ready for the investment buyer who, in many cases, sold it quickly and was
able to make a hefty profit.
"Some people made some really good money that way," Laucombe
noted.
But the fast in-fast out opportunity has all but disappeared. Where a few
months ago the demand for houses was so great that sales contracts were
often written within a day or two of the For Sale sign going up, homes are
now often on the market for weeks, and even months.
DeVuyst said that while the change will not keep developers like himself
from building houses, it will have a definite effect on the business. He
thinks that effect will be a positive one.
"Builders will build a good home because there is no feeding frenzy
of buyers," he said. "Subcontractors now have a chance to catch
up on their jobs. Land prices will come back to reality."
Mercedes Homes-Orlando has been a major player in the development market
around Four Corners, having developed both Sunset Ridge and Legacy Park.
The company is about to start construction of three model vacation homes
at Park Ridge, off U.S. 27 and 10th Avenue in Davenport. The plan is to
build 60 vacation homes ranging in size from 1,600 to 3,500 square feet.
Cristina Quintana of Mercedes said she expects to start selling the homes
in April.
"And I expect it to sell out very quickly," she said.
Quintana said the market is still strong, but it is different than what it
was a few months ago.
"What I've seen is a change from 80 percent investor sale to a 30
percent investor sale," she said. "We're seeing more end
buyers."
That, Quintana said, means far fewer buyers are in for the quick
turnaround, but are looking to either live in the home or to keep it as a
long-term investment as a vacation rental.
Laucombe agreed, and said the market change means the return of the
serious home buyer to replace the dolphins who have been so prevalent in
the area.
"It's still a good market," he said, noting that development
remains strong throughout Polk County.
ut, he added, "the strongest area is Four Corners . . . the
Interstate 4 corridor. That's going to continue for another four or five
years
156 homes for Wimauma?
By ANDREW MEACHAMPublished March 31, 2006
WIMAUMA: A developer is asking to change zoning and exceed the number of housing units normally permitted per acre. Florida Homes Partnership wants to build 156 houses on 32 acres east of West Lake Drive and south of Bill Tucker Road.
The county's future land use map permits 130 units in that space, but the developer is applying for an affordable-housing bonus to tack on 26 units. The county's comprehensive plan allows more units for builders who can demonstrate that their projects will benefit an area with a significant percentage of residents earning low to moderate incomes.
Developers must promise to set aside 20 percent of the units for affordable housing and meet other criteria to qualify for the higher density. Florida Homes Partnership is asking to rezone the property from residential to a planned development.
The request goes to a zoning hearing master April 4. County commissioners are scheduled to hear the case May 23. PETITION 06-0222
GIBSONTON: A total of 288 houses, duplexes and townhomes could come to a 52-acre square of land east of U.S. 41. LawDevCo of Brandon wants to rezone the property between Pembroke Road and Kracker Avenue from agricultural to planned development.
The county's Environmental Protection Commission in February objected to the proposal, citing wetlands on the property that the developer did not disclose on its application. Before approving the project, the EPC or Southwest Water Management District must survey the property, which must be delineated on all site plans.
The rezoning petition goes to a zoning hearing master April 4, and to county commissioners on May 23. (PETITION 06-0221)
BRANDON: A developer has targeted a 7-acre swatch for 42 townhomes west of Providence Road and north of Providence Oaks Drive. Property owners Lewis and Barbara Hart want to rezone the property from agricultural and residential to planned development.
A Planning Commission analysis found the proposal in keeping with the overall pattern of development in the area. A zoning hearing master will hear the request April 4. It goes to the County Commission on May 23. (PETITION 06-0467)
Andrew Meacham can be reached at 661-2431 or ameacham@sptimes.com.
[Last modified March 30, 2006, 13:50:28]Report spurns mining firm's land proposal
By CATHERINE E. SHOICHETCounty staffers are concerned that Dixie Hollins' overlay district plans could skirt environmental standards.
Published March 31, 2006
Dixie Hollins has said his plans for the 1,542 acres his company owns north of the Cross Florida Barge Canal are visionary and environmentally friendly.
But in a report completed this week, county staffers recommend denial of the proposed Hollinswood Overlay District.
Under the plan, Citrus Mining & Timber's property would eventually include homes, an industrial area, a commercial port district, more than 20 public boat ramps and a waterfront retail area. It would also include expanded mining areas.
Long-range planning for the property is a good idea, the staff report said, but the large-scale comprehensive plan amendment application submitted is "troubling" and could have major ramifications for development across the county.
"If approved it would set a precedent for developing custom land use regulations to suit a specific project that does not meet the requirements adopted by the County," the report said. "Applications such as this could become a common practice to circumvent our coastal and environmental standards."
Hollins could not be reached for comment Thursday. Community development staffers were at a retreat and also could not be reached for comment.
The Planning and Development Review Board is slated to hold its first workshop on the proposal Thursday.
Since attorney Clark Stillwell submitted the application last month, Hollins has met with a number of community groups and local leaders to explain his plans.
"I want to do something my father and grandfather would be proud of," he told the Economic Development Council's executive committee earlier this month.
An overlay district would allow Hollins and county planners to address the unique nature of the property, he said, the majority of which is currently zoned for industrial and extractive use.
Hollins has said he plans to use the highest environmental standards in the development.
The county staff report includes a list of nine general areas in which the overlay district would contradict the county's comprehensive plan, including expansion of mining into environmentally sensitive lands, creation of residential use within five miles of Progress Energy's nuclear power plant and a reduction of residential setback requirements for new extractive areas.
Stillwell also submitted an application to change the zoning on 60 acres of the property from low intensity coastal and lakes to extractive.
County staffers have recommended denial of that application, as well. One third of the site consists of wetlands that would be "significantly impacted, or destroyed" by mining, the report said. It would also violate the Citrus County Code, which requires a 3,000-foot setback from residential property for new or expanded mines.
As Hollins tries to drum up support, opposition is mounting from some neighboring residents and from the Save the Manatee Club.
Charles Miko, a representative of an informal alliance of Yankeetown, Inglis and northwest Citrus County citizens who live near the property, said Thursday that Hollins' plans were "preposterous."
"Mining is the issue here . . . we think that all of the other stuff in that proposal, it's just smoke," he said.
Helen Spivey, co-chairwoman of Save the Manatee Club, has said she is concerned about the impact the proposed large public marina would have on a prime manatee birthing area.
But others have said the plan would create major opportunities for area businesses and residents.
Earlier this month, Madeira Beach Seafood president Bobby Spaeth told the St. Petersburg Times that his company, one of the gulf's largest grouper distributors, was considering moving its operations from Pinellas County to the property's proposed commercial port district.
Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.
[Last modified March 31, 2006, 01:08:15]Lakewood Residents Scramble for
Housing
By Mike Grogan
The Reporter
DAVENPORT -- Residents of Lakewood RV Resort on Lake Wilson Road and County
Road 532 have been scrambling to find someplace else to live.
The residents of the park near the Osceola County line were told a month ago
that they had 90 days to move because the park had been sold to a developer.
Some have been fortunate enough to find other RV parks to accept them.
Others have sold their homes for low prices rather than face the expense of
moving them.
And still others have just packed their belongings and left the state.
"If I could get what I still owe on the house, I'd sell and never come
back to Florida," said Frank Troy, a retired long-haul trucker.
Troy and his wife, who are from Pennsylvania, bought the park model
manufactured home new three years ago and have put more than $50,000 into
it.
They split their time between Florida and the Keystone State, six months in
each.
"See this concrete?" he said, pointing at the extra-wide driveway
in front of his home. "I put that in. It's mine.
"See those two palm trees? Those are mine, too," he said. "I
paid $400 apiece for them." Now the Troys are having to move their home
to a park in Dundee, a move that is going to cost them somewhere around
$6,000.
The palm trees, concrete driveway and new sod for the yard they put in will
be left behind.
Already angry at having the property sold out from under him, Troy got even
more mad when he found out he can't move to the park of his choice.
"I found a place in Hillsborough County, but the bank said no," he
said.
There is still a mortgage on the house, Troy said, and the bank that holds
that mortgage will not let him move it out of Polk County -- and only to a
park that is approved by the bank.
Peggy Stassie is more fortunate than the Troys.
She owns her manufactured home outright, having paid cash for it just more
than a year ago.
She found a place to move to that is only a few miles away.
That's important to her because she owns The Book Rack, a book store at
Berry Town Center. The move has not added appreciably to her daily commute.
"I was lucky to find them," she said. "They have just been
wonderful."
Stassie was talking about the management of Three Worlds RV and Mobile Home
Resort on U.S. 17-92 near Loughman Oaks Elementary School.
"We have several people from Lakewood coming here," said Linda
Thompson, who handles sales and rentals for Three Worlds. "I'd say at
least 10 or 15 homes."
Three Worlds is a 53-acre park that opened in the early 1980s and is owned
by Sundance Properties, a Michigan company.
Of the 347 lot spaces on the property, some 270 have permanently located
manufactured homes, park models and recreational vehicles in place.
Thompson said regular customers who bring their motor homes and RVs to the
park each year were given the option of reserving their spaces for next
year.
The homes coming over from Lakewood will go to sites that have not been
reserved.
"We wanted to give our regulars the first option," Thompson said.
But, she said, the management of Three Worlds also wanted to make room for
the Lakewood residents who had been forced to move.
"I went over (to Lakewood) and my heart went out to those people,"
Thompson said. "There are a lot of older people losing their
homes."
For Marsha Brown, the sale of Lakewood by its former owners to a Tampa
development company proved to be a windfall.
But it is one she feels somewhat sheepish about accepting.
"We stole it," Brown said of the nearly new manufactured home she
bought from an elderly woman from Michigan who used it as a winter home.
Brown estimated that she and her husband paid $20,000 to $25,000 less than
the home would have sold for before the sale of the RV park made moving the
home mandatory.
"We didn't set the price," she said. "We asked what she was
asking for it, and she named the price."
The former owner, she said, just wanted to cut her losses and go back to
Michigan.
As for the Browns, they are moving the home to Dade City, where they will
use it as their residence.
Stassie said she checked with several RV parks before she found Three
Worlds.
Most of them didn't have space available, and those that did were farther
away than she wanted to move.
A number of her neighbors at Lakewood, she said, have decided to move out of
the county because they feel Polk County is developing too quickly and the
emphasis is on the kind of development that will bring in more tax revenues.
"Polk County obviously doesn't care for trailer parks," she said.
"They're chasing the snowbirds right out of the county because they
want condos to be built."
And that is a shame, she said, because the RV and mobile home parks provide
an affordable option for those who want to enjoy Florida but can't afford
the expensive homes that have become the primary thrust of the vacation home
market.
But while the owners of some RV parks such as Lakewood have given into the
pressures of large developers offering big money to buy them out, others
like Three Worlds are not likely to succumb any time soon.
"Our owners are committed to this remaining a mobile home park,"
said Three Worlds manager Fred Popson.
He said the land immediately abutting the park is not up for sale. One
parcel has a manufactured home community where residents own their own lots.
"That makes it a nightmare for a developer to try to buy the
land," Popson said.
Another neighbor is Standard Sand, which runs a huge sand-mining operation.
"They don't sell land, they buy it," Popson said.
So, he said, while there is no land available for Three Worlds to expand its
own boundaries, there is also no threat of developers moving in and forcing
the RV park out.
Mike Grogan can be reached at mike.grogan@theledger.com or at 863-421-5811.
Fertilizer maker finds a way to grow itself
S.I. ROSENBAUMMosaic wants to expand and county commissioners are expected to agree, which worries water authorities.
Published March 31, 2006
The Mosaic Co., the largest phosphate company in the world, wants to expand its Hopewell mine onto at least 600 acres south of Plant City.
But the region's water supplier maintains that the expansion could pollute part of the county's drinking water supply. Worse, officials at Tampa Bay Water said, if county commissioners let Mosaic expand, they'll be declawing their own water-protection ordinance.
Jon Kennedy, Tampa Bay Water's chief engineer, said Mosaic "doesn't want to be treated the same as everybody else under the ordinance. They want treatment that's different."
Mosaic spokeswoman Christine Smith said that the ordinance simply doesn't apply to the phosphate company.
"We didn't feel we fell under it, because we've been mining for years," she said.
The issue dates to last spring, when Mosaic filed an application to expand the Hopewell mine, which has been in operation since 1982, Smith said.
The county denied the application, citing the 2004 water protection ordinance.
In January, Smith said, Mosaic filed a lawsuit against the county asking a judge to declare that the ordinance did not apply to Mosaic.
"This was a new regulation," she said. "We just figured we could continue to mine. We didn't think that mining came under that ordinance or should come under that."
Before the suit went before a judge, it was settled out of court, Smith said. On April 11, the County Commission is expected to approve the final terms of an agreement with Mosaic that will allow the company to continue its application process.
The eight-page agreement would require Mosaic to provide "reasonable assurance" that it can keep its mining operation from contaminating nearby surface water.
That's not good enough, said Paula Dye, Tampa Bay Water's chief environmental planner.
The proposed agreement violates the county's own water protection ordinance, she said.
"Mining is one of the things prohibited in this location," she said. "We feel the proposed settlement agreement could put the public's drinking water at risk."
More important, Kennedy said, the agreement would make the water protection ordinance meaningless.
"If the protection ordinance can't hold here, what else is it not going to hold against?" he asked.
Tampa Bay Water has no say over whether the agreement is approved or whether Mosaic's expansion gets the green light. Kennedy said the water utility met with Mosaic and representatives of the county to discuss the matter earlier this week, without reaching any accord.
Smith said that Mosaic would stand firm on its right to mine the land.
"The most important thing is we need to have fertilizer," she said. "In order to have food, we need to continue to mine."
S.I. Rosenbaum can be reached at 661-2442 or srosenbaum@sptimes.com.
For many, no easy street
By BEN MONTGOMERYFor homeowners in plush neighborhoods like FishHawk Ranch, the combination of high property taxes and grinding rush-hour commutes can lead to frustration.
Published March 31, 2006
LITHIA
When Don Shelton leaves his driveway here in the Jaeger Glen section of FishHawk Ranch, it takes the 45-year-old software consultant 20 minutes to drive 2.2 miles down two-lane FishHawk Boulevard.
That's the first leg of his daily hourlong commute to downtown Tampa.
Fun way to start the day.
"The roads," Shelton said the other morning in his driveway, "are horrible."
That's a refrain heard across the Tampa Bay area, but it's not the roads alone that frustrate Shelton. He pays about $6,700 a year in property tax on a 2,430-square-foot-home he bought here for $320,000 in December 2004. All those county-directed tax dollars, and it still takes 20 minutes to go about 2 miles.
It's a nice home, and the amenities in one of Hillsborough County's plushest neighborhoods are great. Try evergreen lawns and movie nights, babysitters clubs and driving daily past Osprey statuary atop a rough-rock fountain.
But because of Florida's Save Our Homes law dating from 1992, Shelton and his neighbors in this newer-than-most and mostly Republican suburban area are taxed on a much higher portion of their property's value than many other homeowners in the county.
A St. Petersburg Times analysis of the property taxes of every homesteaded property in the five-county Tampa Bay area found that boom towns and high-growth areas such as FishHawk Ranch, Bloomingdale and Valrico pay a far higher percentage of home value in taxes than more established neighborhoods surrounding Tampa, places where people have roots. It's the same for Hillsborough's newer northern neighborhoods like Tampa Palms and Arbor Green.
New homeowners are forced to pay the full boat in taxes, while the benefit of Florida's Save Our Homes tax cap is years away.
And those same folks are often buying their new homes in the far reaches of the county, in areas where existing roads and infrastructure can't easily support an influx of new residents.
It creates a conflict of sorts: high property taxes in places where county services are lacking.
If the elderly ladies who were taxed out of their homes were the poster children behind the Save Our Homes legislation, then Shelton, who has a BMW in the garage, kids in private school and doctors and lawyers for neighbors, is the face of the new suburban resistance.
"They don't squawk that often," Shelton said of his tax-burdened community, "but they're starting to squawk."
Though Save Our Homes has shielded homeowners from much of the tax burden while home values have tripled in the past 10 years, the savings don't mean much to people who have moved recently or are trying to move. When homeowners move, they lose the Save Our Homes cap.
"We've created something we're not too thrilled with," said Brad Monroe, president of the Tampa Board of Realtors. "People say they're locked in because they can't afford to move."
Shelton is building a bigger home - 3,700 square feet - behind the gates of FishHawk Trails, but he's now considering selling the home once it's completed rather than moving in and eating a tax bill he estimates would be about $15,000, more than double his current bill.
"A lot of people can't afford to move," he said. "They can't afford the taxes."
Tim Miles, a broker with Eagle Crest Realty, said the legislation benefits some and hurts others, but the jury is still out on how it has affected the real estate market.
"It certainly is not the same for all," he wrote in an e-mail. "I feel for all sides on the issue."
A Florida Association of Realtors study found that the Save Our Homes cap creates in effect a "mobility tax," which encourages people to stay longer in their homes.
"Are people less mobile since they know that if they move, they'll be paying more? I think it's a concern, as is insurance, but people tend to still focus more on whether the payment is affordable to them or not," Miles wrote. "They have to live somewhere."
The legislation has created curious situations across the changing region.
Take Estelle and Tom Mier, for example. The retired couple from Wisconsin downsized from their home of 10 years three years ago because they didn't need so much space, but they are paying about the same in property tax - $4,000 a year - on a much smaller house. That didn't stop them from moving to FishHawk Ranch's Heron Glen neighborhood, but the move didn't free up any extra money either.
The Florida Association of Realtors is asking lawmakers this year to pass a measure allowing homeowners to bring their tax cap savings with them to their new home. Such a program would have benefited the Miers.
Makes sense to Shelton.
He said the homestead exemption introduced years ago is obsolete today. It should be in the $150,000 to $200,000 range to have an impact, he said. Or people looking to move should be allowed to take their tax cap with them.
"There needs to be some kind of carryover," he said. "These taxes are ridiculous."
Shelton's new home is due to be completed in three months. He'll have to decide soon to stay and save or go and pay. Either way, he'll still be facing 20 minutes of teeth-grinding two-lane road each day.
"Something is out of synch here," Shelton said. "We haven't kept up."
Times staff writers Matthew Waite and Michael Van Sickler contributed to this report. Ben Montgomery can be reached at bmontgomery@sptimes.com or 813 661-2443.
[Last modified March 30, 2006, 14:03:48Scouts turn down 'Dream' offer
Foundation had offered council $6.5 million for Flying Eagle
BY CHRISTOPHER O'DONNELL
But this week the Southwest Florida Boy Scouts Council said "no" to the offer for the 187-acre riverfront property that has hosted Scouts for 70 years.
"We want to make it very clear, Camp Flying Eagle is not for sale," said council attorney Kevin Hennessy, reading a statement from the council.
The offer came from Foundation for Dreams, Inc., a nonprofit group for children with disabilities and chronic illnesses that leases 10 acres at Camp Flying Eagle for its own camp.
The offer included a provision that the land would remain a camp and would continue to be used by Scouts, said Foundation for Dreams CEO Andrew Romines.
"If it wasn't all about the money then our offer was reasonable," Romines said.
The camp has been at the center of controversy since a group of former Scouts filed a lawsuit to stop its possible sale. One developer had offered $12 million for the camp.
In their suit, former Scouts say the land was only donated to the council with the understanding that it remain a camp.
The council disputes that and insists it has the right to consider offers and do what it thinks is best for Scouting in the region.
Earlier this month Manatee County Commissioners entered the dispute, recommending a change to land-use laws to prevent the land from being developed.
The recommendation must be approved by the state before commissioners can implement the change.
Foundation for Dreams began discussions with the council in January, Romines said. The camp would have kept its name except when being used by the foundation.
"We were willing to step up and raise the required funds to purchase it and keep it a camp for Scouting and youth forever," Romines said.
But the agreement would have restricted Scouting activity at the camp and was not in the best interest of Scouts, Hennessy said.
"It wasn't a situation about the money, it was a situation about being able to continue the Boy Scout program effectively and successfully at the site," Hennessy said.
County, cities get public's input on growth
Residents show officials places where growth is acceptable and learn about problems facing Manatee County planners
BY CHRISTOPHER O'DONNELL
That's what residents were asked to address at two public workshops organized by Manatee County and the cities of Bradenton and Palmetto on Thursday.
Residents selected locations for condos and high-rise buildings on aerial maps. They voted with handheld wireless keypads on whether there should be more high-rise buildings and more density in parts of the county.
The workshop is intended to highlight the problems planners face trying to accommodate the county's sprawling growth.
Feedback from the two sessions held at the Manatee Civic Center may be used by the county and city governments when writing design guidelines for land development rules.
Mar 31, 2006
Pristine Passage, Tempting Trap
By LAURA KINSLERlkinsler@tampatrib.com
THONOTOSASSA - There's a sign posted along the Hillsborough River just south of Dead River Park that reads: "Abandon All Hope Ye Who Enter Here."
Launch a canoe there and you will be treated to the Hillsborough River in its most pristine state: nature abundant and lacking the telltale garbage of regular use. For all its glory, the Seventeen Runs, between Dead River Park and John B. Sargeant Park, is the most treacherous segment of the river and is getting more dangerous with each season.
"I would say we've had to go out and rescue someone at least once a month over the last six months," park ranger Joe Humble said. "It always has been a problem, but it seems to be happening more frequently."
Several factors combine to make the Seventeen Runs so treacherous for canoeists. It's the one segment of the river's canoe trail where the Hillsborough County Parks, Recreation and Conservation Department does not clear fallen trees - allowing the ecosystem to remain in its natural state - and trail markers are difficult to see.
River guides describe the area as confusing. The slow, shallow river narrows and then splits into a series of smaller channels that give the segment its name.
"You take a turn and you think it's the river, and all of a sudden you're on dry land and you have to back-paddle," said John Brill, parks department spokesman.
In other sections, it gets so wide the current is imperceptible. Canoeists can lose their sense of direction.
Park ranger Jack Coleman said the past two hurricane seasons have felled about 40 trees, making the passage even more laborious. It's surrounded by swampland and takes an experienced ranger at least five hours to complete.
"It's difficult to navigate regardless of the water level," Humble said. "If the level is low, then people tend to pick certain runs where they get stuck by downed trees. They have to keep getting out and picking up the canoe to lift it over the trees. People get tired, and they get stuck out there."
Stranded Overnight
That's what happened March 11 when three Tampa men set out in a canoe from Hillsborough River State Park for an overnight camping trip. Daniel Gerena said he and his friends were awed by the river and planned to camp overnight in one of the county parks. None had ever been on the river.
"Everywhere, there was an obstacle," Gerena said. "After going over 17 or 18 of them, it gets you."
Then it started to get dark. The three came to a dead end.
"There was no way around the trees. There were spiders everywhere," he said. "I was concerned about snakes. If one of us had been bit by a water moccasin, we'd have been done for."
Gerena's friend Michael O'Neill called his fiancee on a cell phone to tell her they were turning around. He asked her to pick them up at Dead River Park. He was on the phone with her when they capsized. The phone went dead.
"We had to scramble to get everything out of the water," Gerena said. "All we could do was pitch a tent and wait until morning. We were soaking wet."
O'Neill's fiancee called 911, launching an all-night search by air and water.
Coleman, a 25-year veteran of the parks department, canoed the river until 4 a.m. looking for the stranded canoeists. By the time he made it back to the park, his legs were completely cramped. He knew it would be his last nighttime rescue.
All the while, a Hillsborough County Sheriff's Office helicopter searched in vain. Gerena said they tried to signal the helicopter, but their flashlight battery died.
Cpl. Rick Jahnke commands the sheriff's office aviation unit. "We are finding ourselves out there more frequently," he said. "In many cases, they have a cell phone and they call 911. This was a case where the fiancee called it in."
The tree coverage in Seventeen Runs is so thick that pilots cannot see the river in daylight. After dark, they fly with night-vision goggles and infrared cameras.
"We have to use a topographic map to find our way," Jahnke said. "When we do find the canoeist, we drop a [digital] marker on them and get the [Global Positioning System] coordinates. Then we'll radio the rangers and they head out in a canoe."
Park ranger Michael Murphy, who is stationed at Sargeant Park, persuaded the department to buy a hand-held GPS device so he could chart that section of the river and better coordinate with the search helicopters.
Murphy eventually met up with Gerena and his party the next morning and led them back to the park.
"They were lucky they had a tent, but they weren't planning on camping in a swamp," he said. "They had a grill and a cooler full of steaks that they never got to eat."
More often, stranded canoeists aren't so fortunate. Brill said they usually don't have tents, or even flashlights, because they expect to be off the river well before dark.
Mosquitoes, Alligators, Snakes
"I've heard where people have spent the night in trees getting eaten alive by mosquitoes because they were afraid of the alligators," Brill said.
An entire high school wrestling team had to be rescued by park rangers this past summer after becoming stranded.
"These were young, healthy guys," Humble said. "People get caught out on the river. They don't realize how physical a run it is. It's very strenuous."
Jahnke remembers another search this past summer when a kayaker became stranded and called 911.
"We located him before dark, but we couldn't get anyone out there, so the night shift dropped him a strobe light and a marker," he said. "His cell phone died in the night. He had abandoned his kayak and walked to find some higher ground. He had to spend the night out there with no provisions."
Helicopter pilots located him in the morning after a prolonged search and dropped a police radio with a note explaining how to operate it.
"We're learning as we go," Jahnke said. "The GPS is just one more tool. Now that the rangers have a hand-held GPS in their canoe, it should help."
Worries About 'Weekend Warriors'
Still, county officials fear the Seventeen Runs will claim more victims this spring and summer as the river grows in popularity. Coleman said he dreads the day he gets a call that a canoeist has been bitten by a poisonous snake. The area is home to water moccasins, coral snakes and rattlesnakes.
"That's my worst fear - that a child gets bit by a water moccasin and we can't get to him in time," Coleman said.
Murphy canoed the Seventeen Runs under a full moon to prepare for his first night rescue. It took him six hours.
He did the run again last week in the daylight to clear debris with a handsaw. As he headed back to Dead River Park, he encountered eight canoeists from the state park who had missed the take-out point and had unknowingly entered Seventeen Runs.
Jahnke thinks better signs on the river could help solve the problem. "It needs to be prominent, with reflectors, at Dead River Park that says 'No Canoeing Past This Point' or 'Canoe at Your Own Risk.'"
Brill said the parks department has to strike a balance between safety and maintaining the only truly primitive section of the river.
"We've put up signs at the park to let people know it's for experienced paddlers only," he said. "But you get people in from out of state or you get these weekend warriors who are out with their family, and they don't want to look like they're not manly.
"It's not a fun trip if you don't know what you're doing."
State Parks
GREEN SWAMP WILDLIFE MANAGEMENT AREA
This area in the Green Swamp is operated by the Southwest Florida Water Management District in cooperation with the Florida Fish and Wildlife Conservation Commission. There is no admission charge. It is open during daylight hours only. Access is through a gate on Green Pond Road off State Road 33, north of Polk City. Activities include hunting, fishing, hiking, camping and nature study. Another section is open for day use at Rock Ridge Road and Dean Still Road. It is open to foot access only.
TENOROC FISH MANAGEMENT AREA
This 7,332-acre former phosphate mine is in the Lakeland area. The main access is Tenoroc Mine Road off Combee Road. However, Tenoroc recently opened a new hiking trail accessed by way of Polk County's Saddle Creek Park. Admission is $3. Hours are 6:30 a.m. to 5:30 p.m. Friday to Monday. Fishing is the main activity at the park, which is managed by the Florida Fish and Wildlife Conservation Commission. There are also hiking and horseback trails, a picnic area and a shooting range.
For fishing reservations, call 863-499-2422. For general information, call 863-499-2421.
LAKE KISSIMMEE STATE PARK
This 5,857-acre park is on Camp Mack Road east of Lake Wales. Admission is $3.25 per vehicle. The park is open from 7 a.m. to sunset. This park has camping -- both primitive and hook-ups -- hiking trails, a boat ramp and marina, picnic areas, an observation tower and a re-creation of a 19th century cow camp.
For more information, call 863-696-1112.
LAKE WALES RIDGE STATE FOREST
This 26,563-acre natural area consists of a group of separate parcels east of Frostproof. The Arbuckle tract is on Lake Arbuckle Road, which is off Lake Reedy Boulevard. The Walk-in-the-Water unit is off Lake Walk-in-the-Water Road. Entry fee is $1. The Florida Division of Forestry also offers $30 annual passes that allow the pass holder and up to seven other people free entry to any state forest in Florida. The forest is open during daylight hours only. The activities available are hunting, hiking, horseback riding, primitive camping, canoeing and nature study. Regulations are contained in brochures at the forest entrances.
For more information, call 863-635-7801.
ALLAN BROUSSARD CATFISH CREEK MEMORIAL PRESERVE
This 6,422-acre area is on Firetower Road off Hatchineha Road east of Lake Hamilton. There is no access except on foot and no facilities. Admission is free.
For more information, call 863-696-1112.
PAYNE CREEK HISTORIC SITE
This 320-acre park is just across the county line in Hardee County on County Road 664A near Bowling Green. Admission is $2 per car. It is open from 8 a.m. to sundown. The park offers picnicking, canoe launching to the Peace River through Payne Creek, fishing, a nature trail, a suspension bridge and a historical exhibit and interpretive center on the Seminole Wars.
For more information, call 863-375-4717
Dead whale washes ashore along Hutchinson Island
HUTCHINSON ISLAND, Fla. (AP) -- The body of a rare, melon-headed whale washed ashore hours after three other whales had to be euthanized because scientists determined the animals were too sick to be saved.
The fourth whale was found about 11 p.m. Wednesday on South Hutchinson Island, said Steven McCulloch, executive director of marine mammal research and conservation at Harbor Branch Oceanographic Institution.
Another dead whale washed ashore Wednesday morning in Vero Beach. It is believed the animals belonged to the same pod.
"It's been kind of a wild goose chase, and we're not sure it's over yet," McCulloch said.
All of the whales were about 7 to 9 feet long and appeared thin and malnourished, said Greg Bossart, director of marine mammal research and conservation at Harbor Branch, a research facility north of Fort Pierce.
Necropsies showed that the animals had ulcers in their stomachs, a sign of stress, and had not eaten for weeks.
Mar 31, 2006
Environmental Impact Fees A Remote Possibility
By CHRIS BUTLERcbutler@highlandstoday.com
SEBRING — Highlands County may follow the lead of Orange, Martin and St. Lucie counties when implementing impact fees.
That means anyone hoping environmental impact fees will be implemented throughout the county might be disappointed.
Jim Polatty, the county’s development services director, announced at Wednesday’s Natural Resources and Advisory Committee meeting that no environmental impact fees can be found elsewhere throughout Florida.
Polatty said counties such as Volusia and Martin have instead adopted parks fees, used to purchase environmentally sensitive land for parks.
St. Lucie and Orange counties, meanwhile, previously made unsuccessful attempts to develop environmental impact fees.
Bob Wallace, vice-president of the Orlando based Tindale-Oliver, the firm studying how best to implement impact fees in Highlands County, said legal experts in Orange County weren’t comfortable with the idea of environmental impact fees.
“The proof of benefit to the fee-payer is not as strong as fees for roads or fire-stations or parks, for instance,” Wallace said, adding impact fee consultants use a “dual rational nexus” test to determine when and where impact fees should be implemented.
According to a Dec. 23 memo supplied by Wallace from Tallahassee attorney Robert L. Nabors to Joel Prinsell, the deputy Orange County Attorney, the “dual rational nexus” test must satisfy the following criteria:
- Impact fees are valid when a reasonable connection exists between the anticipated need for more facilities and population growth
- Impact fees are valid when a reasonable connection exists between the expenditure of impact fee proceeds and the benefits generated from the growth of those proceeds.
The fees cover needs such as those for transportation, parks and recreation, fire, emergency medical services, libraries and public buildings.
They also cover law enforcement, correctional facilities and solid waste.
County commissioners will decide June 27 whether to implement impact fees, based upon Tindale-Oliver’s recommendations.
Impact fees would be implemented for the new fiscal year, beginning Oct. 1, assuming county commissioners go along with the idea.
Millionaires Should Not Bank On Citizens For Insurance Coverage
Published: Mar 30, 2006
Citizens Property Insurance Corp. is supposed to be the insurer of last resort for Florida homeowners who can't find private carriers to provide windstorm coverage.
But it turns out that homeowners with houses insured for more than $1 million have been turning to Citizens because they've been able to get better rates from the company than from private carriers willing to provide coverage. That should outrage the people of Florida.
Millions of state policyholders now are being forced, partly by Citizens' low rates, to bail out the company after two horrific hurricane seasons.
Just last week the company reported that its deficit after the 2005 hurricane season could be more than $1.7 billion, forcing at least a 10 percent surcharge on all insurance policyholders. Those same policyholders have already been assessed a 7 percent surcharge to take care of the $516 million deficit from the 2004 storms.
So while considering insurance reforms to sustain Citizens and create a better market for private providers, state lawmakers must focus on whom Citizens was created to serve. The company should not be providing coverage for millionaires - or any other homeowner, for that matter - when private insurance is available.
And there is a private market - surplus lines carriers - that specializes in covering expensive properties and is willing to provide coverage for million-dollar homes.
Tribune reporters Baird Helgeson and Doug Stanley obtained a copy of Citizens' database and found that many of the 6,024 millionaire homeowners paid the company rates significantly lower than they would have had to pay surplus lines carriers. Naturally, those homeowners went for the cheapest price.
This was not news to Citizens, which for more than a year has supported eliminating coverage for million-dollar homes.
The problem is that Citizens by law is required to charge the highest rates in the state. The company, which has grown to be the second-largest property insurance carrier in Florida, is not supposed to compete with private insurers.
Moreover, while state law requires consumers to search for coverage from regulated companies before turning to Citizens, they don't have to look to the unregulated surplus market. So even if coverage is available, homeowners can still go with Citizens.
That needs to change, and if legislation being drafted by House Insurance Committee Chairman Dennis Ross of Lakeland is adopted, homeowners will have to show they can't get coverage from the surplus market before turning to Citizens.
That requirement should force many millionaires out of Citizens in the next two years, reducing the company's exposure by more than $16 billion.
There's nothing fair about a state-created company offering millionaires the chance to pay cheaper rates while charging its other customers among the highest rates in Florida.
Senate Minority Leader Les Miller of Tampa said he may call for an investigation of Citizens, but Citizens has been looked at every way but sideways in the last two years.
What's needed now is reform, and eliminating coverage for million-dollar houses is the place to start.
Wiregrass Developers Get 2nd Try
Published: Mar 30, 2006
WESLEY CHAPEL - The developers of Wiregrass Ranch will get a second opportunity today to persuade county officials to approve their massive residential-and-retail project.
The county's Development Review Committee, led by County Administrator John Gallagher, will review plans for the Porter family's 5,000-acre ranch at 1:30 p.m. at the historic Pasco County Courthouse, 37918 Meridian Ave. in Dade City.
Like last year, the crux of today's review will be the layout of Wiregrass' public road network. Commission members turned down the original Wiregrass plans last year, saying there were not enough public roads to accommodate traffic within the development and the traffic moving through to other destinations.
In the months that followed, county officials insisted on more internal connections among Pulte Home Corp.'s residential projects, two of them gated and aimed at senior citizens. Pulte plans to build 16,000 homes on the ranch.
Wiregrass officials relented, adding two public roads and several new private links between neighborhoods.
Planners are recommending approval for the project.
Without an approved road plan, development of the ranch cannot move beyond the 1,999 homes and 100,000 square feet of retail approved by the state in late 2004. The rest of Wiregrass remains under review by county and regional planners.
County to offer builder a deal
By PHIL DAVISApproval for the Wiregrass Ranch development would be for the first 2,000 homes only, and after several roads are widened. After that, traffic flow will have to be reconsidered.
Published March 30, 2006
WESLEY CHAPEL - County officials will present a compromise today to end a seven-month deadlock with a developer over the traffic impact of the proposed city-sized Wiregrass Ranch development.
Even with the addition of several new and expanded roads in the proposal, it remains unclear how much gridlock already traffic-weary residents might end up dealing with at Bruce B. Downs Boulevard and State Road 56.
Neither the developer nor the county has done a detailed study of the traffic impact of Pulte Homes' plans to build up to 16,000 houses, townhomes, apartments and duplexes and several million square feet of retail and office space on the 5,000-acre ranch.
One county memo estimates more than 50,000 cars a day will make trips along SR 56 between Bruce B. Downs and Meadow Pointe boulevards to the east and recommends access roads to keep through traffic moving. A 2004 state traffic study found about 21,500 cars a day use SR 56 between Interstate 75 and Bruce B. Downs.
The deal will be discussed at today's Development Review Committee meeting at the historic courthouse in Dade City. The county staff wants Pulte to agree to 13 conditions before it approves the preliminary plans, including:
Redrawing plans to add public roads, including a connection from Bruce B. Downs east to Porter Boulevard and Mansfield Boulevard north to Chancey Road. Pulte wanted to keep most of its roads private.
Add or bond additional lanes to Bruce B. Downs, Chancey Road and Porter Boulevard. A total of 36 new traffic lanes must be added to area roads by 2016, the plan said.
The developer must also add a frontage road on the north side of SR 56 extension.
Approval is for the first 2,000 homes only. After that, all bets are off until the local traffic picture becomes clearer.
Add pedestrian access to potential retail and office space on the property.
Pulte executives could not be reached for comment Wednesday.
Joel Tew, the developer's attorney, walked out of an October meeting in which county traffic planners suggested Pulte breach its proposed gated communities with public roads to spread out traffic in the community. The county requires "free and unobstructed, cross-access connections to lessen traffic burden" on surrounding roads.
Tew appealed to the County Commission and lost.
Commissioners voted 3-2 to send the plan back to development review, which rejected Pulte's initial plans in August. Commissioners demanded "smaller bubbles" of gated homes to help with traffic flow.
It was unclear from the document released Thursday whether Pulte had complied with that demand. Neither Pulte nor county officials returned calls to comment on the deal.
If approved, the Wiregrass plan still faces a long series of government checks, including a more stringent "development of regional impact" review process by state and local agencies. That, too, must be approved by the development review committee and the County Commission.
[Last modified March 30, 2006, 02:15:33]Ranch Plans Move Forward
Published: Mar 30, 2006
LAND - O' LAKES - For six generations, the Bexley family has raised cattle and produced timber and sod at its sprawling ranch in central Pasco County.
Those operations soon could come to an end on a portion of the ranch, as developers prepare to build thousands of houses, a retail "town center" and an employment complex immediately west of the Suncoast Parkway and north of State Road 54.
At its meeting Tuesday night in New Port Richey, the county commission unanimously approved plans for 6,000 single-family houses, 1,000 multifamily homes, 400,000 square feet of retail operations and 250,000 square feet of offices on 6,872 acres. The development could be completed by 2020.
Plans still must be approved by the state Department of Community Affairs. In an initial review, the department expressed concern about the need for transportation improvements, density of the town center and size of the employment center, as well as possible effects on wetlands.
Georgianne Ratliffe, a senior planner for Wilson Miller, the Tampa firm designing Bexley Ranch, said developers think they have addressed state regulators' concerns.
"They felt we were asking for too much office space," Ratliffe told the county commission. "We explained to them that it was to provide additional employment opportunities and economic development opportunities for Pasco."
New Roads On Tap
The developer, Newland Communities, has agreed to spend $78 million on road improvements, including construction of Sunlake Boulevard, a north-south road to connect state roads 52 and 54. Land also has been set aside for two elementary schools, a middle school, an 80-acre county park and other neighborhood parks. A high school planned on a nearby development, Concord Station, would serve Bexley neighborhoods.
County Commissioner Ann Hildebrand said Wednesday she was pleased with Newland's efforts to improve roads and set aside land for big businesses.
"If you are looking at the road network that they are providing, $78 million is not chump change," Hildebrand said. "Sunlake Boulevard gives us another north-south road that central Pasco needs to parallel U.S. 41 and the Suncoast Parkway. They are building a healthy part of the first leg."
Commissioner Ted Schrader said he is concerned about potential traffic from the development, especially along east-west roads. Since 2000, the county has been seeking to extend Ridge Road from Moon Lake Road east to U.S. 41. Efforts have been stalled by environmental challenges, permitting problems and difficulty securing preservation land to compensate for wetlands that would be destroyed by the project.
Bexley's developers assured Schrader they plan to make improvements along S.R. 54 before their first residents arrive, he said Wednesday. They also told him they designed the road network "as if Ridge Road would not be built."
"Transportation issues are something that always concern me, especially not really knowing what will happen with Ridge Road," Schrader said. "We will start to see improvements along S.R. 54 before we see residents. That is, at least, encouraging."
'Sign Of The Times'
Schrader, whose family has sold portions of its east Pasco holdings to developers, said the disappearance of cattle, timber and citrus businesses and Pasco's conversion from rural to an urban environs is "just a sign of the times."
"Real estate values have far exceeded, purely from a business standpoint, the prospects of timber and cattle," he said.
The U.S. Census Bureau named Pasco the 38th fastest-growing county in the United States for the second year in a row; Pasco gained 23,000 residents between July 2004 and July 2005. The county also has seen huge gains in property values, and Pasco ranked No. 1 in the nation for job growth during the spring of 2005, although most of the new jobs were in construction and retail.
The entire Bexley Ranch comprises about 14,000 acres. The portion to be developed by Newland is owned by the late Bud Bexley's sons Craig and Patrick.
Craig Bexley has said the family plans to continue with its cattle, timber and sod businesses until the ranch is developed. The family will sell the property to Newland in portions and share in the profits once the houses and businesses are built. The remainder of the ranch is owned by the James "Bo" Bexley family, which has no plans to develop.
The Bud Bexley family chose Newland, which developed FishHawk Ranch in south Hillsborough County, among several suitors because of its reputation for preserving native trees.
The Bexley property includes headwaters of the Anclote River, moss and Sabal palms and a range of species, including deer, egrets and heron.
Newland has committed to preserving many natural elements of the Bexley Ranch. Some houses would sit on the edge of wetlands or wooded preserves. Others would be near schools, offices or a commercial center. Trails and a wildlife corridor would connect the Suncoast Parkway Trail and the Jay B. Starkey Wilderness Park in Odessa.
Newland also hopes to attract businesses such as a small grocery store, doctors' and dentists' offices and a coffee shop so residents can do some errands close to home.
During the past three years, developers have worked to gain public confidence in the project. They met with county commissioners, planners and growth managers in an effort to make the project comply with county regulations. They also toured local chambers of commerce and civic groups seeking input about what amenities to include.
Bexley Ranch project garners strong praise
By BRIDGET HALL GRUMET, Times Staff WriterLauded by public and nonprofit officials, the development needs final okays to begin building.
Published March 29, 2006
NEW PORT RICHEY - Bexley Ranch, a massive project that will bring thousands of homes and a high-end employment center to the pastures of central Pasco, earned the County Commission's approval Tuesday night.
Three years of planning and permitting culminated with two words from Commissioner Ann Hildebrand:
"Good job."
Indeed, several speakers noted the hearing turned into a "love fest," with the Economic Development Council praising Bexley Ranch's 247-acre town center and office park, and YMCA leaders applauding the site for a new center. The developer also earned high marks for carving out a 176-acre wildlife corridor along the Anclote River and a 1,433-acre greenway corridor that will have walking trails and bike paths.
"This is a property that has some tremendous assets," said Don White, regional president of developer Newland Communities. "We plan to take advantage of those assets and develop new ones."
That includes 6,000 single family homes, 1,000 multifamily units, 400,000 square feet of retail space and 250,000 square feet of office space. The sprawling ranch covers 6,872 acres immediately east of the Suncoast Parkway, about 2 miles north of State Road 54 and 5 miles south of State Road 52.
Newland Communities has set aside land for two elementary schools, a middle school, an 80-acre county park and other neighborhood parks totaling 126 acres. The School Board plans to build a high school on another site in the area to handle students from Bexley Ranch and other developments, School Board member Kathryn Starkey told commissioners.
The developer also must pay for $78-million in road improvements, including most of Sun Lake Boulevard, a new north-south road that will link SR 52 and SR 54.
The project, which awaits final approval from the state Department of Community Affairs and a rezoning from the county, would be completed by 2020.
In other commission news Tuesday:
FIREWORKS RESTRICTIONS FIZZLE AGAIN: The New Port Richey City Council sent a resolution calling for an ordinance restricting fireworks sales countywide. But commissioners reiterated their decision to do nothing on the issue, aside from encouraging the Legislature to ban fireworks statewide.
Last year, commissioners considered an ordinance that would have required buyers to show proof of their agricultural or mining operation in order to buy fireworks, which are illegal for recreational use. Commissioner Jack Mariano supported the idea, but the other commissioners concluded then, as now, that the measure would require too much manpower to enforce.
"The sheriff is pretty much telling us they can't handle the calls," Commission Chairman Steve Simon said.
HOME BUYERS ASSISTANCE GETS A BOOST: Recognizing that rising real estate costs are making it harder for lower income families to buy homes, commissioners agreed to increase the financial assistance for qualifying home buyers.
For a family of four that makes $26,100 a year, the county loans will increase from $27,000 to $55,000 for an existing house, or $40,000 to $65,000 for a new home.
ADIOS, ALOHA COMMITTEE: With the state Public Service Commission poised to approve a settlement next week that will improve Aloha Utilities' water, commissioners set an April 25 hearing to disband their own Aloha committee and rescind their black water treatment ordinance.
Commissioners approved the ordinance two years ago to require Aloha to use forced draft aeration to remove the rotten-egg odor and blackish tint from the utility's tap water. But through negotiations with the PSC, the utility has agreed to use a different technology, known as anion exchange, to improve the water's taste and smell.
Bridget Hall Grumet can be reached in west Pasco at 869-6244 or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is bgrumet@sptimes.com
[Last modified March 29, 2006, 01:24:18]Mar 27, 2006
Commission to discuss legislative concerns
By TONY MARREROlmarrero@hernandotoday.com
BROOKSVILLE — Commissioner Nancy Robinson is expected to present fellow commissioners at their regular meeting today with information on proposed legislation that could adversely affect the county.
Two bills are near the top of that list.
The first, House Bill 1199, would prohibit counties and municipalities from negotiating terms and conditions relating to cable services. Rep. Trey Traviesa, R-Tampa, is the main sponsor of the bill.
The second, Senate Bill 1880, would make it easier for owners of so-called “agricultural enclaves” to develop their property.
Proponents of the cable franchise bill argue that municipalities no longer need that negotiating power now that cable is an established technology. They say having counties control franchises has become a barrier for a cable company entry into the market, promoting monopolies and limiting competition that could lower prices for consumers.
But municipalities are concerned the bill could affect their deals with cable providers, which pay franchise fees and make in-kind donations to local governments.
Officials also are concerned the bill could threaten the existence of public education government, or PEG, channels. The bill provides for the PEG channels but eliminates the requirement that cable providers help subsidize them.
Robinson said she is concerned the bill could affect the county’s deal with Bright House Networks that helps pay for the county’s PEG channels.
“Those channels are a tremendous asset for communication and something we want to see preserved,” she said.
Robinson shares concerns about SB 1880 bill with the Florida Association of Counties. That group argues that the agriculture bill “takes away the local county’s ability to apply urban sprawl criteria to agricultural enclaves” if the land owner applies for comprehensive plans amendments that include land use densities and intensities consistent with surrounding industrial, commercial and residential uses.
An agricultural enclave is defined as a parcel surrounded on at least three quarters of its perimeter by existing developments.
Proponents contend the bill would be fairer to farmers seeking fair market value for their land, but opponents contend it would accelerate the development of agricultural tracts.
“That would possibly affect our ability to manage growth over time,” Robinson said.
Reporter Tony Marrero can be contacted at (352) 544-5286.
Connerton confirms plans for Publix
By Times Staff WriterPublished March 29, 2006
CONNERTON - Residents of Connerton and nearby Wilderness Lake Preserve soon won't have to drive to State Road 54 for groceries. Publix will anchor Arbor Square shopping center, developed and leased by Stiles Corp. The Pasco Times reported the story earlier, but Connerton representatives made the official announcement Tuesday.
The store will span nearly 46,000 square feet and is scheduled to open in late 2006 or early 2007. Arbor Square at Connerton will house other retail and restaurant tenants, as well as two office buildings. The site is east of U.S. 41, between Festive Grove Boulevard and Pleasant Plains Parkway.
Connerton is a 4,800-acre mixed-use master-planned community in central Pasco County, and the only "new town" under construction in the greater Tampa Bay area. In total, there are approximately 8,500 residential units planned with more than 3-million square feet of commercial space for office, retail and industrial uses. The community will feature many amenities, including a town center, a fitness and aquatics complex, amphitheater, gymnasium, parks, walking trails and conservation areas. A hospital, regional park and three schools are also planned.
[Last modified March 29, 2006, 01:24:18]Wal-Mart wins one lawsuit; one left
By ROBIN STEINPublished March 29, 2006
TARPON SPRINGS - Wal-Mart moved one step closer to erecting a supercenter in Tarpon Springs when a three-judge panel denied an appeal Tuesday from opponents seeking to overturn the city's approval.
In the eagerly awaited decision, the court affirmed the validity of the City Commission vote on Wal-Mart's application. After a record-setting all-night hearing in January 2005, commissioners voted 3-to-2 in favor of the retailer's bid to build a supercenter on U.S. 19 along the Anclote River.
Despite the green light from the city, Wal-Mart has not broken ground on the site because a group, Concerned Citizens of Tarpon Springs, filed two lawsuits against the city and retailer.
Tuesday's ruling is subject to appeal, and the second case is pending. But city officials regarded the news as a significant victory.
"I assume it would be way too costly to appeal, and I think the (second case) is dead in the water," said Mayor Beverley Billiris. "I'm glad it's over."
Concerned Citizens argued that the commission did not follow the law when it approved Wal-Mart's plan and asked the court to reverse that decision or order a new vote. The group contended that the commission failed to disclose details of private conversations with Wal-Mart representatives, relied on an incomplete traffic study and misinterpreted city zoning rules.
The court said several of the allegations could not be considered after the City Commission vote and denied others for lack of evidence.
"I felt that it was never a good location for a Wal-Mart, but we made our decision based on law, based on the facts that we knew at the time," Billiris said.
Wal-Mart's attorney, David A. Theriaque said, "It's like, congratulations, we won one of the two."
In the other lawsuit, Concerned Citizens is arguing that the store's size and traffic plan conflict with the city's comprehensive plan. That case is pending in Pinellas-Pasco Circuit Court.
[Last modified March 29, 2006, 01:24:18]Brooker Creek riding center raising concerns
By NICOLE JOHNSONFunds have been allocated, but an equestrian center in a nature preserve is not a done deal, say county officials, responding to environmental impact worries.
Published March 29, 2006
EAST LAKE - An influential environmental group is questioning Pinellas County's plans to build an equestrian center for the disabled at Brooker Creek Preserve.
Funds to pay for the design and construction of the $500,000 project were allocated this year by the Pinellas County Commission. Officials say construction could begin this year.
That news is troubling to Cathie Foster, chairwoman of the Friends of Brooker Creek Preserve.
"There are a bunch of us concerned about this, and we want to get some questions answered," Foster said. "If we find out there's nothing environmentally wrong with this, then that's fine. But we suspect there might be."
County officials say Foster and the friends might be getting ahead of themselves a bit with their concerns.
While a location and some design details have been discussed, nothing is set in stone, said Will Davis, director of environmental management for Pinellas County. County administrators have said the facility could have stables, fences and a corral. They are considering a location north of Keystone Road, near the Keller well field pump station at the trail head.
"It's really hard to give any thought to the concerns before we have a concept plan developed," Davis said. "Size and services offered would determine what type of facility we build and whether or not horses would be kept there overnight, or if there would be a hay barn or feed barn on site."
Commissioners approved plans for the equestrian center in their capital improvement budget two years ago. The center project was the result of findings from a survey on recreation services conducted by the county. The study found a need for therapeutic activities for the disabled.
Horseback riding for the disabled has not been formally endorsed by the medical profession, but advocates say it gives immobile people better balance and strength.
Hillsborough County offers therapeutic horseback riding at the Bakas Equestrian Center on Whisper Lake Trail in Tampa.
"We're not against a riding facility for anybody," Foster said. "But it's the placement of it. ... where else can it go that's not within the preserve boundaries."
If built, Davis said, the center would be a natural extension of horseback-riding activities already permitted on the preserve's 10 miles of trails.
"We're already allowing horses to come, why not provide these services as a service to the community?" Davis said.
The nonprofit Friends of Brooker Creek Preserve have a board of 16 and 300 volunteers. The group helps with fundraising, promotion and functions as a support staff at the 8,500-acre preserve.
The organization also serves as a quasiadvisory board to the county on decisions that might affect the preserve.
"I have great respect and fondness for the friends, and I think that's reciprocal," said Bruce Rinker, manager of Pinellas County's Environmental Lands Division and liaison to the friends group. "I want everyone to know we're trying to respect that formal agreement."
But Foster said the group wasn't properly informed of the county's decision to move forward with the riding center. She said the group saw the center go from a proposed project in the budget to the real thing without discussion.
That might be because definite plans for the project remain uncertain. County officials say there still are many questions to answer, such as how the facility will be run and what, if any, environmental effects it would have on the preserve.
"As far as I am concerned and my staff is concerned there is no certainty with this project whatsoever," Rinker said. "And we would like to not see the preserve disturbed in any way that would be detrimental."
But Foster said the county's sheer mention of construction beginning as early as this year is a reason to get involved. The group plans to hold a meeting this week to discuss the proposed center.
"As a friends group, part of what we do is pay attention to things that may be done in the preserve that would impact the preserve," Foster said. "And it just seems to us, bringing horses into a preserve is not an appropriate thing to do there."
Nicole Johnson can be reached at njohnson@sptimes.com or 727445-4162
[Last modified March 29, 2006, 01:24:18]Requiem for a rooster
The rooster, known for wandering the city streets and roosting in the flower beds at City Hall, was hit by a car Sunday while trying to cross the street. Residents buried the bird behind a local store.
The rooster had been spotted around Punta Gorda at least since Hurricane Charley in 2004, and sometimes interrupted city meetings with his crowing.
Assistant City Manager Kathy Dailey said the bird's death is particularly sad because he had survived the hurricane and escaped Animal Control officers several times.
______
Cow on the prowl
Perhaps it's another consequence of Englewood's rapid development: feral cows.Gloria Hammer, who lives in the Oak Forest development, was drinking coffee on her lanai when a brown cow strolled through the back yard of the gated community.
"He just slowly walked along and seemed to be enjoying himself," Hammer said. "I think if it would have been an alligator or panther I wouldn't have been so shocked.
"There's so much talk of these communities taking away the land and taking it away from the animals. Even the cows are getting lost."
The Fruited Plain
Published: Mar 23, 2006
SUN CITY CENTER - Citrus growers are being inundated by eager buyers now that state officials have given homeowners the green light to plant citrus trees in areas that were previously forbidden territory.
For years, the state Department of Agriculture and Consumer Services' program to limit the spread of citrus canker has called for all citrus trees within 1,900 feet of an infected one to be destroyed. In addition, no citrus trees could be planted within a 20-mile radius of the canker outbreak, and no citrus could be moved from the 5-mile quarantine area.
Earlier this year, the state halted its tree removal and quarantine program after the U.S. Department of Agriculture said the plan was not eradicating citrus canker and pulled funding for the state's tree removal and replacement programs. Word that the ban was lifted did not reach many nurseries until the state sent out a memo last week.
The local quarantine areas included portions of Sun City Center and Ruskin where more than 7,000 trees were removed last year in an attempt to limit the most recent outbreak of the canker. Hundreds of property owners lost treasured trees bearing oranges, lemons, limes and grapefruit.
Now that the replant ban has been lifted, Gail Hubbell, of Hubbell's Nursery in Ruskin, said she has been getting many calls from homeowners eager to replant citrus trees that were removed by the state.
Also busy in the wake of the lifting of the quarantine is Sun City Tree Farm, a Ruskin tree grower and wholesaler. Vincent Tort, production manager at the family-owned business, said the tree farm is shipping at least double its normal output of citrus trees, about 1,000 a day. The bulk of the trees are going to the Miami and Broward County areas, he said, where a quarantine on planting citrus has been in effect for more than five years.
"We are shipping all size trees, from 7-gallon to 100-gallon sized trees," he said, "although we don't have all the varieties in all the sizes because of the heavy demand."
So far, he said, the farm has been able to keep up with the increased demand.
The Ruskin Wal-Mart and Home Depot stores are waiting to restock their citrus trees, nursery department workers at the stores said.
There had been some confusion as to when the state had given approval for the sale of new citrus, said Johnnie Jones, nursery department supervisor at The Home Depot. The Department of Agriculture's Division of Plant Industry sent a memo last week to members of the Florida Citrus Nursery Association clarifying the lifting of the planting ban.
Mary Louise Baker, of Sun City Center, had a navel orange tree planted in her yard March 13 to replace one taken out two years ago as part of the canker-eradication program.
"As soon as I found out the ban was lifted, I was on the phone to get a new tree," Baker said. "I'm from Indiana, and it's so nice to have citrus in our yard."
Bob Temple, of Sun City Center, had a ruby red navel tree planted in his yard recently to replace a citrus tree he had removed after it was attacked by ants.
"I've been waiting to replant," Temple said. He had a standing order with Hubbell's nursery to plant a citrus tree in his yard as soon as the ban was lifted.
Temple said he wanted a larger tree but had to settle for a small 7-gallon tree.
"Now my yard feels complete," he said.
The 37-lot project would be built on E.F. Griffin Road in Bartow.
By Suzie
Schottelkotte
The Ledger
BARTOW -- Bartow's planning board unanimously approved a proposal Monday
night for a 37-lot residential development on E.F. Griffin Road.
The vote came with little fanfare, standing in sharp contrast to the
protracted debate last fall over a similar proposed community just north
of this site.
The difference this time was the sentiment of the neighbors. After
meeting with Lakeland builder Rick Strawbridge last week, neighbors
supported his proposal for the 15-acre site.
Scott Hammer, who lives at 2001 E.F. Griffin Road, said residents would
rather see the groves that are there now, but will support Strawbridge's
proposal because he's willing to create open space near the entrance to
the development.
"We are going to do what we have to do to try to keep some green
out there," he told the Planning and Zoning Commission.
For months, residents in the largely rural E.F. Griffin Road area have
fought for larger lots in their neighborhood. When Lakeland builder
Duane McQuillen presented plans last fall to build high-end houses on
lots with 70 feet of roadway frontage, they argued for lots more in
keeping with the existing homesites.
Eventually, McQuillen reduced his development from 58 lots to 41,
allowing for about two houses per acre on the 25-acre site.
Then at last week's meeting with Strawbridge, residents shifted their
concern from lot sizes to green space.
They asked Strawbridge if he could reduce his frontage from 90 feet to
80 feet per lot, then dedicate that land to green space.
He agreed, which paved the way for Monday's vote.
Earlier this year, city administrators agreed to begin scheduling
informal meetings between Planning Commissioner Drew Guffey said he's
pleased to see the cooperation between the builder and the neighbors.
"I think it's wonderful that they met and at least talked about
what could be done," he said.
The Planning Commission's approval is only preliminary. The board agreed
to recommend that the City Commission approve the development, but the
final vote rests with the city commissioners.
The commission is expected to review the proposal at its April 3
meeting.
Suzie Schottelkotte can be reached at suzbiz@yahoo.com or 863-533-9070
Insulate Climate Scientists From Chill Of Partisan Politics
Published: Mar 28, 2006
One of NASA's top climate scientists says his reports have been modified by the White House to make it appear that his clear warnings about global warming are foggy with doubt.
The political appointee who watered down James Hansen's reports has since resigned and taken a job with an oil company, but Hansen's complaint suggests the government is not sharing with the public the whole truth about how fast heat-trapping gases are expected to warm up the world.
An honest conversation, based on facts, is an essential first step toward dealing with the challenges that global warming could pose.
President Bush has downplayed the threat of human-caused climate change and the need for emissions restrictions because both conflict with his agenda of low taxes, maximum growth and fewer regulations.
Environmentalists take an opposite tack, often exaggerating the immediate threat to build support for cleaner air, tougher mileage standards, less waste and other things they would want even in a cooler world.
Now, as new research seems to prove that warming theories have merit and public polls show a rising demand for government to do more, Bush should make sure science trumps politics. It is up to him as chief executive to elevate the debate. The public deserves clarity on whether a problem exists and, if so, what should be done about it.
Hansen, of NASA's Goddard Institute for Space Studies, has also chosen sides. He supported Democrat John Kerry for president, reports the Conservative News Service, and has been a consultant for former Vice President Al Gore. That might irk Bush, but it doesn't make Hansen wrong.
Regardless of party politics, theories of global warming appear increasingly consistent with observations. Clear the Air, a national public education campaign, reports many signs of change. Northern cardinals are singing 22 days early. Frogs are mating 12 days early. Polar bears are getting skinnier as their icy hunting grounds melt. Glacier National Park, which had 150 named glaciers in 1850, has only 26 now and they're shrinking. Canada had its warmest winter on record.
But most predictions are ominous. Climate scientist Jonathan Overpeck of the University of Arizona warns that future sea levels could increase from 3 feet to 20 feet.
Traditionally cautious businesses are beginning to worry. The National Association of Insurance Commissioners, meeting in Orlando in early March, set up a task force to look into how a warmer climate might hurt the insurance industry and its customers if hurricanes, wildfires and droughts arrive more often.
Part of the political problem is figuring out what sacrifices will make a useful difference for a climate influenced by natural cycles as well as by man.
That means President Bush must make sure this nation is basing its public policy on science, not its science on popular politics
Taxpayers over a barrel
A Times EditorialPublished March 28, 2006
Oil executives must be embarrassed by their greed now that they're making record profits quarter after quarter. Are you kidding? The oil industry is still operating under the P.T. Barnum rule: Never give a sucker an even break. And guess who the suckers are.
Not only is the industry rolling in dough, but it keeps convincing politicians to give it more. Through a mixture of government bungling, legal gamesmanship and political manipulation, the industry has escaped paying billions of dollars in taxes for drilling in the Gulf of Mexico, the New York Times reported.
The ripoff began in 1995 with a law that sought renewed exploration in the gulf when oil sold for about $16 a barrel. Drillers could avoid paying royalties on oil and natural gas as long as prices stayed below a certain level ($34 a barrel for oil). But Interior officials under President Clinton mistakenly left those price thresholds off the leases. So when prices rose above that mark, the companies were still off the hook despite the fact that oil now sells for more than $60 a barrel. The tax loss before the error was caught: $2-billion.
Still the oil companies weren't satisfied. Shell sued, saying some of its new leases should be exempt from royalty payments because the company was tapping into older (and previously tax-exempt) reserves nearby. By filing the suit in industry-friendly Louisiana, Shell (with a $23-billion profit last year) assured itself a victory. The tax loss grew to $5-billion.
Next, the oil industry set its sights on Interior Secretary Gale Norton, an easy mark for public land exploiters. Norton (who recently resigned) made the tax exemption for natural gas producers more generous. And under heavy industry lobbying, Congress passed and President Bush signed a bill that would further enhance the tax breaks. Total cost to taxpayers over five years: more than $7-billion.
But why stop there? Kerr-McGee has sued, hoping to make most oil and gas produced in the gulf royalty free, which could quadruple the tax loss to $28-billion.
All along, Congress has said the tax breaks would more than pay for themselves because of increased exploration. When informed that the opposite is true, the original author, Louisiana Democratic Sen. J. Bennett Johnston (now retired), admitted the law contained "very obscure language."
Taxpayers may have another word in mind: obscene.Write a letter to the St. Pete Times
[Last modified March 28, 2006, 03:01:29]
Dade City may annex 450 acres
By JAMAL THALJI, Times Staff WriterPublished March 28, 2006
DADE CITY - The City Commission got the ball rolling Monday night on annexing hundreds of acres of property, much of it targeted for residential development, and on a debate over whether Dade City needs a noise ordinance.
"It hasn't been updated since 1954," Commissioner Scott Black said. "We need to do something."
The commission voted to begin the first step of adding to the city's size, agreeing to start the process of incorporating these areas by adding:
288 acres bordering the northwest corner of Old Lakeland Highway and Morningside Drive. Development is planned in that area for 500 homes.
51 acres at the northeast corner of Clinton Avenue and U.S. 301. The development plan calls for building 177 homes.
111 acres north of St. Joe Road, west of 21st Street and south of Blanton Road. The plan for that land: 450 homes.
Mayor Hutch Brock, though, strongly urged developers to consider expanding their proposed lot sizes.
The commission also discussed the noise ordinance. City attorney Karla Owens drafted a proposed ordinance but concerns prompted the mayor to delay action.
[Last modified March 28, 2006, 03:01:29]Planners warn against 74-home
development State planners are objecting to a landowner's request to Tallahassee
and Leon County to allow more development on his property along U.S.
Highway 90.
The Florida Department of Community Affairs suggests that Miley Miers'
request to allow 74 homes on 232 acres east of Interstate 10 could create
urban sprawl, worsen school overcrowding and threaten the upper St. Marks
River.
The Leon County Commission tonight will consider an agreement that
responds to the state's objections, according to Fred Goodrow,
comprehensive planning manager in the Tallahassee-Leon County Planning
Department. The agreement requires Miers to give up development rights on
some of his land and to pay for extending sewer lines there.
"The state's primary objection was there wasn't an agreement -
there was no assurance any of that actually would occur," Goodrow
said. "The development agreement would clear that up."
Miers also would be required to set aside flood-prone areas for
conservation. In addition to tonight's public hearing, another hearing on
his request will be held April 6.
The Planning Department last year recommended denying the request.
Miers' property now is designated rural in the Comp Plan. His request
to change the designation to urban fringe would increase the allowed
number of homes from 23 to 74.
His request faced opposition from the Miccosukee Land Cooperative
residents, who said the development poses a threat to headwaters of the
St. Marks River, including Black Creek. Miers withdrew similar requests in
2003 and 2004 after some commissioners voiced concerns that septic tanks
could harm water quality in the creek and river.
In a report issued last month, the Florida Department of Community
Affairs said the Miers request includes indicators of urban sprawl. The
department also noted that an area school, Swift Creek Middle, is over
capacity.
DCA noted that about 65 percent of the property is not developable
because it contains wetlands, floodplain, slopes, sinkholes or protected
hardwood forest.
The request, the state said, had not demonstrated that groundwater and
surface waters would be protected. Without an agreement, septic tanks
still could be used on the property.
Under the agreement to be considered tonight, Miers will donate a
conservation easement to the county, effectively giving up his right to
develop or harvest timber in the floodplain. Public access to trails on
the property must be provided.
Miers also would pay for extending sewer service to the property before
it can be developed. The property could not be developed with homes using
septic tanks.
Goodrow said he's not sure yet how his department will address the
state's concerns about urban sprawl. And although the Legislature adopted
a law last year requiring that classroom space be available to serve new
developments, Goodrow said the requirement is not being implemented for at
least five years.
Ed Deaton, a Miccosukee Land Cooperative resident, said Miers should
not be allowed to build more homes than he is currently allowed now to
build. But County Commissioner Ed DePuy said the request should be
approved because of the concessions Miers has made.
Miers, a real-estate broker and former state representative, said he
had not seen the state's objections. But he did say he's given up use of
160 acres of his land under the proposed agreement.
"You can't stop growth," Miers said. "It's coming
whether you want it or not. You have to plan for it in an intelligent
manner."
More Water May Come From Rivers
TAMPA - Scientists think there might be enough water flowing through the area's rivers to quench the region's thirst into the next decade.
Early calculations show it might be possible to take more water from the Hillsborough River and Tampa Bypass Canal during the rainy season without causing environmental problems.
If so, river water would be less costly and pose fewer environmental worries than the current plan to increase the drinking water supply.
Tampa Bay Water says the region will need about 12 million additional gallons of water a day by 2012 to meet demands of growth in Hillsborough, Pinellas and Pasco.
The regional utility already takes water from the river and canal as well as the Alafia River during the rainy season. The Hillsborough and bypass canal may be able to yield enough additional water to provide 12 million gallons a day in the future, said Jerry Maxwell, Tampa Bay Water's general manager.
"The work is not totally finished, but it has a positive look," Maxwell said.
If further study backs the preliminary examination, that could ease environmental concerns about the utility's plan to augment the river and canal flow with reclaimed water from Tampa's sewage treatment plant.
Currently, Tampa Bay Water plans to add the treated wastewater downstream from where it takes water from the Hillsborough and bypass canal.
Every gallon added downstream would let Tampa Bay Water take another gallon upstream.
But the Tampa Bay Estuary Program and Agency on Bay Management asked the utility to look at whether the river and bypass canal could yield more water without adding the treated wastewater.
The two agencies were concerned the reclaimed water would add nutrients to the river and bypass canal that could encourage algae growth. More algae could also reduce the dissolved oxygen in the water as it dies and decomposes, something that already is a problem, said Dick Eckenrod, executive director of the estuary program.
He said scientists do not believe taking additional water when the river and canal are flush with water would harm the environment.
"It's balancing the unknown versus what we think would be a fairly minimal effect if taken during high flows," he said. "We don't feel taking water during higher flows puts the river at risk."
Currently, permits allow Tampa Bay Water to take a portion of the water when the river has between 100 and 400 cubic feet of water flowing per second.
That amounts to about 700 to 2,800 gallons a second.
Maxwell said taking even a small additional percentage of that water could be enough to reach the 12 million gallon goal.
Taking more water would require changing the utility's permit from the Southwest Florida Water Management District.
It also would cost less than the plan involving reclaimed water, which carries an estimated price tag of $186 million, because Tampa Bay Water would not have to build pipelines to bring the water to the canal from the city's sewage treatment plant on Hooker's Point.
"It would be considerably less, but still expensive," Maxwell said.
Both options require the utility that provides wholesale water to Pinellas, Pasco, Hillsborough, St. Petersburg, New Port Richey and Tampa to expand the plant that treats river water.
Maxwell said the utility still may need to use the reclaimed water when the region needs an additional water supply by about 2016.
Homebuyers' Past May Be Scrutinized
Published: Mar 28, 2006
WESLEY CHAPEL - A Meadow Pointe neighborhood will consider at its annual meeting tonight a measure requiring all new residents to undergo criminal background checks.
The homeowners association of the Longleaf neighborhood, a gated town house community within Meadow Pointe, will consider the proposal at 7 p.m. at Sand Pine Elementary School on County Line Road.
Proponents say the proposed amendment to the association's rules aims to keep sexual predators out of the 220-home subdivision.
Neighborhoods surrounding Longleaf have been home to sex offenders in recent years. This week, the Florida Department of Law Enforcement alerted residents of The Woodlands that a sex offender had moved to their area.
Critics say Longleaf's proposal raises concerns about privacy and fair-housing laws.
The proposal "is very frightening to many residents of Longleaf," resident Denise Brand said.
If the proposed rule change passes, background checks will be conducted on buyers before they can close on a sale. The association could deny the sale if a check produces an unacceptable result.
The subdivision's property manager, Rampart Property Management, would conduct the checks, association President Tim Koralewski said.
Rampart officials declined to comment.
Similar restrictions are frequently part of sales in co-op buildings or condominiums, real estate experts said.
"This type of restrictions are not common in town houses or single-family developments," said Walter Moloney, spokesman for the National Association of Realtors.
That said, there's nothing to prevent any homeowners association from requiring presale background checks, said Ellen Hirsch de Haan, a Pinellas County lawyer specializing in such associations.
De Haan is a past president of the Community Associations Institute, a Virginia-based group representing homeowners associations and similar groups.
Anyone rejected because of a background check would have little room to sue, de Haan said.
"A person who is applying for housing has no standing against the association," de Haan said.
If they require a background check, Longleaf residents must also decide what kind of criminal activity can block a sale, de Haan said.
"My personal rule of thumb is: It has to have some reasonable impact on living in a multifamily residential community," she said. "You've got to look at all the facts."
A long-past drug conviction probably wouldn't be enough to justify blocking a sale, de Haan said. A recent conviction for armed robbery or a sex crime could be a different story, however, she said.
"The criminal background check is definitely a case-by-case situation," she said.
Ultimately, though, the proposal may not be needed, said Bruce Jacob, a professor at the Stetson University College of Law.
Much of Longleaf lies close to Dr. John Long Middle School, now under construction on land bordering the neighborhood to the north. State law bans sex offenders whose victims were under 18 from living within 1,000 feet of a school, park or other facility where children congregate.
"If that's what they're after, why not use the state law?" Jacob said.
Neither the National Association of Realtors nor the Florida Association of Realtors could say how the restrictions might affect home sales in the neighborhood.
"There's no data on that," Moloney said. "Personally, I don't think that it would negatively impact sales."
The measure may create a false sense of security, however, said Brad Monroe, president of the Greater Tampa Association of Realtors.
"I may not have a criminal record today, but what about tomorrow?" Monroe said.
Should they approve the change, Longleaf residents could be treading a fine legal line as they weigh the results of future checks, said Tom Jones, president of the Carrollwood Association of Neighborhoods.
"We're restricting a person's right to sell," Jones said. "It's a minefield when you start going into that area."
Flood study may halt building
By GARRETT THEROLFA county-funded study shows that the unpopular plan to build townhomes may not be possible due to flooding.
Published March 28, 2006
PORT RICHEY - A developer's unpopular plan to swap the golf course in Timber Oaks with townhomes appears imperiled after a report that it would flood hundreds of homes.
The county-funded study is just one of many heading toward county commissioners' desks that indicate the county for too long has underestimated its stormwater needs and must now rush to beat developments that will exacerbate the situation.
In all, the county is spending more than $2-million on such studies throughout the county and hopes to have a major improvement of flood maps completed over the next four years.
"There are probably 30 to 35 areas like this throughout the county," said Michele Baker, program administrator for the county's engineering department.
All of this is being done in a race against the county's development boom.'
"The worst thing in the world is to give a building permit for an area that floods and nobody knows about it," said Jim Widman, the county engineering services director.
In the case of Timber Oaks, the report came barely in time.
According to Professional Engineer Consultants, a 100-year storm would leave hundreds of homes under water, not counting the proposed townhomes.
The firm's recommendation is that the entire golf course would need to be converted to stormwater retention lakes to meet the need.
In response, developer Chuck Kalogianis has proposed donating roughly half of the land - now at the center of 1,999 homes for people 55 years or older - for storm water retention in an effort to still gain County Commission approval for at least a portion of the homes.
"It would be a win-win in terms of alleviating this historic problem and allowing much of the project to move forward," Kalogianis said.
But he acknowledged that even the new plan would be a long shot given the community opposition to any new homes.
"Given that it's an election year, some of the votes that we thought we had suddenly aren't there anymore," said Kalogianis, predicting that the matter may eventually be decided in court.
Residents themselves feel confident they can now prevent any building between the stormwater study and their active political organization.
"I'm sure that we can raise 400 or 500 people that would want to make statements at any meeting where this issue arises. Ninety-five percent of the community does not want any development," said 73-year-old Joe Mazorra, a leader of the opposition group.
In the meantime, the county is moving forward on additional studies for areas throughout the county that flooded during wet periods in 1998, 2003, and 2004.
Baker said the work would eventually lead to a new county Web site that would make the information easily accessible to permit reviewers, citizens and developers so that they can make more intelligent choices about where to build.
Asked whether that work should have been done before the development began to skyrocket, Baker said the problem has just recently become clear.
"We were in a drought for 30 years. Now, the problem has come to light through actual experience," Baker said. "You don't know until you know."
--Garrett Therolf covers Pasco County government. He can be reached at 727 869-6232. His e-mail address is gtherolf@sptimes.com
[Last modified March 28, 2006, 03:01:29]Pasco's water declared best tasting in the state
By Times StaffPublished March 28, 2006
Pasco's water is sweet, devoid of contaminants and the best tasting water in the state, the American Water Works Association declared last week.
The commendation followed a statewide competition, complete with local and regional rounds, that culminated with a taste test outside Tallahassee's city hall in an event intended to draw state lawmakers' attention to water quality issues.
For Pasco, it's the second win in three years.
The water came from a tap in the northwest part of the county serviced by a particularly pure well, according to Utilities Operations and Maintenance Director Warren Wagner.
The prize, Wagner said, "is a revolving trophy, much like the Stanley Cup."
Dade City Looks At Noise Limits
Published: Mar 28, 2006
DADE CITY - The last time Dade City set standards for how loudly people may play music or blast a stereo, heavy metal hadn't been invented and The Beatles hadn't even formed.
City Attorney Karla Owens advised the city commission Monday evening that she wants to update the rules on the books, which were set in 1954. People now have stereo systems loud enough to carry sound across a block, and amateur bands practice on their electric instruments in garages near to neighbors.
"We've had a lot more development since 1954, and we're living closer together," Owens said.
She said she thinks new rules should set decibel standards for how loud a business or a resident can be, and those standards should be set by the time of day.
The standards would also be consistent with the Pasco County noise ordinance, she said.
It would be possible to grant waivers to businesses already up and running when the ordinance is passed - a reference to Osceola Tavern, which hosts live musical groups, she said. Tavern owner and city commission candidate Mike Agnello said in an interview that the noise limits are unrealistic.
Mayor Hutch Brock said he wanted more time for the specific discussion of details, so a workshop was set for 4:30 p.m., April 25, before the regularly scheduled city commission meeting.
Home sparks land-use debate
Proposal limits Lafayette renovations
Don't like your neighbors' addition to their house, the one you feel is out of sync with the rest of the homes along your street?
Worried more renovations are on the horizon as investors buy up properties with an eye toward students and renters who might not care about preserving the look of the old neighborhood?
Some residents of Lafayette Park think they've found the solution: changing the local land-use law to make it harder for property owners to make changes that can be seen from the street. Under the proposed rules, known as a historic preservation overlay district, property owners could be blocked from changing the original design or proportions of a historic home.
But others oppose the changes, which they say would violate their property rights.
"The . . . objection people have is all of a sudden, the government tells you what you can do on the outside of your house," said rule-change supporter Jim Pfost. "But the developers can't do what they want anymore."
Addition reignites debate
Lafayette Park homeowners have been debating the issue for years, said neighborhood association President Alice Vickers. A recent two-story addition to a house has prompted renewed interest. The renovation to the 1920s bungalow at Beard and Cherry streets, just north of the public park that gives the neighborhood its name, was completed last spring.
"It's not in keeping with the size and character of the neighborhood," Vickers said. "We all call it the multiplex attached to the bungalow."
Pfost, who lives next to the renovated house, is now applying for the rule changes. He said he has lived there for the past five years and wasn't that concerned by the construction until he realized a whole new building would soon be towering over his driveway.
Pfost said the developer, Chancey Builders, responded to his concerns for his family's privacy and took out two of the three windows planned for the wall that faces his house. But he wants the rules changed because he's worried about tomorrow.
"It will prevent in the future something like this happening," he said, "a contractor coming in, buying a house and tearing it down and building a big old square structure, which we don't want."
A Chancey Builders spokeswoman said the addition to the house, which tripled its square footage and added two bedrooms, bumped the home's asking price from $208,000 to $550,000 and was made at the request of a client.
"There was a specific buyer that this house was renovated for," Terrie Ard said, "but that deal fell through."
Now the house is up for sale and has reignited a long-lasting debate over historic preservation.
"It's been on the agenda every year," Vickers said. "Let's just go though this cumbersome process and be done with it."
Supporters seeking buy-in
That process involves contacting every property owner in the neighborhood of about 700 homes to find out what they think. It's a daunting task, although the issue is the one that gets the most attention, Vickers said. Two meetings on the topic this summer each drew 75 to 100 people.
"We don't even get that many people at our holiday party," she said.
Last year, letters were sent to all the homes in the neighborhood, asking owners if they wanted the rules changed, Vickers said. A total of 146 owners replied: 86 were in favor, 30 against and 30 said they had questions. The other 550 didn't answer, meaning the neighborhood association might have to go door to door. That's something rule-change opponent Dean Minardi wants.
"We've gone through this for years," Minardi said. "It needs to be brought up or down, so it can be put to bed once and for all."
Minardi said he's opposed to the rules change on principle.
"I don't think it's necessary in Lafayette Park to have a gatekeeper tell me or my neighbors what I (can) do with my individual pieces of property," he said.
He pointed out that recent additions to his own house, which have more than tripled its size, would not have been allowed under the new rules. And he added that the Lafayette Park situation is different from that in Myers Park, which has a historic designation.
"Their overlay was driven because of the infill of student housing into Myers Park," he said. "It's a very small neighborhood, about 200 families, and they were worried about student intrusion. Lafayette Park doesn't have issues like that."
Vickers agreed that students can't afford to live in the area. What she's worried about are developers buying up properties, razing them and replacing them with big, modern, expensive homes.
"I see it solely as a preservation issue," she said. "I wouldn't like to see all these 1930s bungalows taken down."
She hopes that a majority of the neighbors side with her, but Minardi said that wouldn't be enough to placate him. He says 70 percent or more should back the rules change for the neighborhood to go forward.
"If the neighborhood association can come up with a rock-solid way to certify that they've contacted 700 people," he said, "and they get . . . some supermajority that they can certify are in favor of it, then it becomes the will of the people."
Questions & Answers
QUESTION: What is a historic preservation overlay district?
It's an area that has a significant concentration of properties - often times houses - that are related historically. Property owners must apply for the designation, which requires that changes to a house's exterior be approved by a board made up of homeowners, architects and city and county planners.
ANSWER: What does it mean for property owners?
When deciding whether a renovation or addition to a house is
acceptable, the board must follow federal guidelines. Those guidelines
look at whether the proposed changes are compatible with the character and
proportions of a house, as seen from the street. The board's decision can
be appealed to the city/county planning commission. Property owners who
aren't happy with that decision can file a lawsuit in circuit court.
Q: If a neighborhood applies for the new rules, do they apply to
every house?
Yes and no. The goal is to preserve historic homes, and the neighborhood might have houses that are more recent or have been significantly altered. Changes to those houses would not be covered by the review board, but any new construction on those lots would be.
A: Are there any financial incentives for homeowners?
Yes. When the new rules are adopted, the older houses join the local register of historic places, making them eligible for property-tax relief, waiver of certain permit fees and a city-funded grant and loan program for rehabilitation or restoration.
Q: How does a neighborhood adopt these rules?
A: The first step is to find out how many property owners are in favor. Although there is no legal obligation to get approval from a majority of property owners, the request is unlikely to get anywhere if most of the residents are against it. The next step is to apply for the rules change with the Architectural Review Board, which is made up of historic property owners, architects and local planners. The board makes a recommendation to the city and county planning commission. The planning commissioners forward their recommendation to the City Commission, which has final say.
Q: Has anybody adopted the overlay?
A: Yes. Myers Park adopted the rules change in 2001. It applies to 154 out of the 230 or so homes there. Another 85 individual properties throughout town are considered historic, most of them along Park Avenue and along or near Calhoun Street.
Arlington shares its natural serenity
A forgotten 'buffer zone' will become an arboretum for Jacksonville.
The site boasts a 25-foot ravine with a spring-fed creek at the bottom. Live oaks, magnolias, endangered gopher tortoises and even a resident alligator inhabit terrain that varies from deep forest to swamp.
Some parts don't even look like Florida.
Now a nonprofit group is turning the land, located between Monument Road and the confluence of Merrill and Fort Caroline roads in East Arlington, into Jacksonville's first arboretum.
Tonight, the City Council is expected to approve a 20-year lease for the land and $250,000 for initial planning and improvements to the site.
"If you walk the property, you will see what Florida looks like in its natural environment," said Councilman Lake Ray, whose district includes the site. He is sponsoring the bill. He hopes the arboretum could open to the public as early as this fall.
The money will pay for a property development plan, paved parking area and walking trails. The city will keep tabs on the project and has to approve the development plan and future construction costs.
But Ray said he doesn't expect the city to make further investment in the property because JAG will operate it.
The property's recent history dates to the 1970s when it was set aside as a buffer to a city-owned water treatment facility. A federal grant required that the property become a park, but that never happened.
When the city transferred water and sewer administration to JEA, the land fell into "a legal Never-Never Land," said Lynda Aycock, a JAG board member.
Then community members who had been scouring the city for land to create an arboretum stumbled on the neglected preserve.
The arboretum will be a passive park, meaning it will not have picnic tables, playgrounds, sports fields or lighted areas. Instead the main attractions will be native and cultivated plants and wildlife, including pheasants, quail, foxes and birds. It will target university students who want to conduct research -- unlike the nearby Tree Hill preserve, which targets elementary-age children -- and adults who wish to enjoy the outdoors.
And unlike the elegant, manicured botanical gardens at the zoo, the arboretum will stay as natural as possible and grow plants that require little upkeep.
"Don't look for a rose or orchid, unless they're wild orchids," said JAG board member Judith Stevens.
The board will have to rely on donations to operate the arboretum and plans to start making pitches to corporate sponsors soon.
But for now, the group is celebrating small contributions, like a recent $25 check from a local garden club.
Ray said he's glad the land is getting a new use.
"It gives us a chance to use some of our pieces of property," he said. "We've got all this land, and the last thing we want to see is a 'no trespassing' sign."
beth.kormanik
jacksonville.com,
(904) 359-4619
Grab What You Can As U-Pick Farms Open
Published: Mar 26, 2006
HOPEWELL - Mary Beth Longenecker never met a strawberry she didn't like - and with berry season in its final throes, she's stocking up on the fruits of local farms.
Longenecker was on her way home with a flat of Treasures purchased for $6 last week at a local produce stand when she spied the U-pick sign in front of Spivey Farms at County Road 39, south of State Road 60.
With the first U-pick signs of the season popping up in time for spring break, many residents and visitors will be able to entertain themselves in berry country for the next week or so.
"We just decided it's time to let the people have a little fun," said David Spivey, whose father, Dennis, has been growing berries in eastern Hillsborough County for decades.
U-pick fields are few and far between these days, with farms that once grew berries now sprouting rooftops and the widespread practice of double-cropping in the fields that remain.
Double-cropping - the planting of a second crop of produce between the berry rows - makes it impractical to open the fields to the public. Other growers simply are eager to get on with spring planting.
On the Monday after the Florida Strawberry Festival ended its 11-day run, David Spivey quietly placed the U-pick sign in front of his fields. The next morning, people were waiting to get in when he arrived at sunrise.
Several other U-pick fields also opened right after the festival, a bit earlier than usual. But then, berry season likely will have a premature finale this year.
Growers generally view Easter as the last hurrah for local berries. But with California's crop starting to come in greater numbers and a warm March sun beating down on local fields, the berries don't have long to go, Dennis Spivey said.
U-PICK FARMS
If you go, bring your own containers, a hat and sunscreen. Here are some of the area strawberry farms open for U-pick:
Hillsborough County
BERRY BAY FARMS
Interstate 75 to Sun City Center, east to U.S. 301, south on 301 2 miles to Bonita Drive
Open 7 a.m. to 3 p.m. daily; (813) 642-9866
4 quarts/$1
EVANELL'S
Interstate 4 to McIntosh Road (Exit 14), south to U.S. 92, left to Gallagher Road. South on Gallagher 1.2 miles.
Closed Sundays
3 quarts/$1
FAVORITE FARMS
I-4 to McIntosh Road exit. Go north 1.5 miles.
3 quarts/$1
PARKE FAMILY HYDRO FARM
3715 Tanner Road, Plant City
Open 9 a.m. to 5 p.m. Tuesday to Saturday, 1 to 5 p.m. Sunday, closed Mondays; (813) 719-2904 or (813) 927-4049
99 cents/pint; $1.99/pound; 8 pounds/$8.99
SPIVEY FARMS
Plant City, County Road 39, 1/2 mile south of State Road 60
Open sunrise to sunset; (813) 917-1756
4 quarts/$1
Pasco County
BANES' FARM
Dade City. Interstate 75 to State Road 52, west 2 miles to Bellamy Bros. Boulevard, right 2 miles to Miller Road, right, go 1/4 mile to 27907 Miller Road. Farm on left.
Open Tuesday to Saturday, 9 a.m. to 5 p.m., Sunday noon to 5 p.m., closed Mondays; (727) 423-2363
$1.50/pound
For information, check The Tampa Tribune's classified advertising pages under "Farmers Market" or go to the Florida Strawberry Growers Association Web site at www.straw-berry.org.
Mar 26, 2006
Loss Of Farms Alters Florida's Complexion
By JO-ANN JOHNSTONjfjohnston@tampatrib.com
Not so many years ago, when you headed east on State Road 60, you saw groves and pastures with cattle grazing and egrets strutting.
Then the road grew big-box retailers, a mall and six-lane traffic jams. The ride to tranquility got longer, then longer still.
Now, with the state's population centers pushing deeper into the interior, rural Florida is disappearing.
The state lost 2.8 million acres of farmland between 1974 and 2002, from 13.2 million to 10.4 million acres, according to government estimates.
Within a decade, even city dwellers and suburbanites who live miles from pastureland likely will feel the effects of Florida's shrinking agricultural base, rural advocates warn.
"We're entering into a critical period in the next 10 to 20 years," said Robert Brinkmann, chairman of the geography department at the University of South Florida in Tampa. The state is quickly becoming a megalopolis, he said.
As land and housing prices soar, middle-class parents raising young children will have to drive farther from employment hubs to affordable homes with yards.
The scent of oranges and southern pines will be replaced by auto exhaust. More asphalt and fewer trees will make temperatures seem hotter. Tiny rural communities - the kinds with Cracker homes and roadside produce stands - will give way to stucco subdivisions.
Agriculture is being overshadowed by other industries as the state grows. It accounts for only about 8 percent of the state's jobs, under the broadest measures.
Other effects - such as the loss of open space and diminished ecological diversity - are harder to quantify.
"It's not going to be as interesting a place," said Florida historian and Tampa Tribune correspondent Gary Mormino. "And, for the life of me, I don't know what to do."
Pressure Is Building
Farming and ranching have always been hard. The work is physically demanding and sometimes dangerous, the financial payoffs uncertain.
Recent years have brought added pressures, said Charles Bronson, the state's commissioner of agriculture.
"What's happening to the state is the perfect storm: It's being hit from so many different directions."
The increased pressures have pushed many farmers and ranchers to say goodbye - a trend that's apparent in Florida's decreasing number of cattle. In 2002, the number, including calves, stood at 1.7 million head, compared with nearly 2.4 million in 1974, according to the U.S. Department of Agriculture.
Those who are staying are having to adapt.
Pasco County native Wilton Simpson runs three small businesses. He enjoys his Trilby egg farm and beef ranch the most, but he knows the future belongs to his other enterprises: a demolition and waste removal operation, and a construction company.
"When you produce [food], you get a very high sense of satisfaction," said Simpson, 39, who plans to continue farming.
But he understands the pressures - from nature and developers.
Recent hurricanes damaged crops and infected more citrus crops with canker, a disease that destroys the trees. The winds spread the canker bacteria. Growers are also dealing with two other plant diseases: greening and tristeza.
It takes years to replace infected trees with healthy ones and restore them to productivity.
Partly because of such pressures, Florida's orange production is expected to decline and level off by 2018 at about 151 million boxes a year, according to a study released this month by the University of Florida Food and Resource Economics Department.
This year's crop of oranges and grapefruit is expected to total 178 million boxes, far from the totals posted in peak years, according to the trade group Florida Citrus Mutual. In 1980, for example, growers sold 283.5 million boxes.
Meanwhile, growers facing lower market prices and increased competition from Brazil are getting offers from developers of as much as $20,000 an acre.
Many are cashing out, securing their families' financial futures.
Other farmers are giving way to more localized pressures, such as the costs of government regulation and encroaching development.
That's plain to see at Fred Gore's place in Zephyrhills.
Workers are dismantling the steel trusses, metal roofs and walls at Gore's Dairy, which shut down in February after more than 60 years.
The building materials are stacked, waiting to be sold and shipped to other farms.
As the barns disappear, passers-by can see new houses across an empty pasture.
Last month, Gore, 76, sent the last of his 2,000 Holsteins to slaughter or to other dairy farms.
Gore said he could not afford the costs of state environmental controls and permits intended to regulate manure runoff as the town of Zephyrhills grew up to his fence lines. So he's retiring.
Others are moving elsewhere.
"We're getting a lot of Florida buyers, especially from the Central and South Florida area, and especially those who had acreage and the urban sprawl is taking them over," said Jim Griffith, a broker in Macon for Georgia Farm Bureau Real Estate.
"If they wanted to grow or raise livestock, Florida is restricting them out of that."
In May, Mike and Janet Partin, both 62, plan to leave their 1,200-acre spread in Kissimmee, where their family has raised beef cattle for five generations, and make a new start in east-central Texas. They'll take with them their two sons, their sons' families and 300 head of Brahman cattle.
The Partins didn't want to leave, even as homes sprouted around them during the past decade. In the shadow of Orlando, with Florida's Turnpike in sight of their back yard, the Partins felt there was still a place for them and their way of life.
They sold a few years ago to settle an inheritance tax bill but continued to lease the property. After developers bought out the new owner last year, the Partins looked for land in North Florida but found that land was cheaper in Texas, where their daughter and her family live.
Nancy Partin said she's glad they'll be gone soon. She doesn't want to see houses built on the fields where her cattle graze and the coyotes sing at night.
Economic, Educational Ripples
As the number of farmers and ranchers in Central Florida shrinks, related businesses are shifting gears or closing. Tractor dealers sell more lawn-size rider mowers and fewer heavy-duty farm models. Veterinarians treat more pets and fewer farm animals.
Cookie Brace's feed store, Henry's Outpost, outside Zephyrhills, tried to compensate for declining sales of hay and large-animal feed by stocking more pet food. The new merchandise didn't save the business. Now Brace, 60, is selling the property on busy State Road 54.
"All the property that used to be cattle and horses is now houses," she said. "I lost customers."
The changes in agriculture are evident in Florida's schoolchildren.
Agricultural groups started sponsoring Ag Literacy days in Pasco County three years ago to help children understand the basics of food production, something previous generations learned in their back yards.
Change is under way in higher education, as well.
Florida Southern College in Lakeland, for example, offers a four-year degree in citrus science. But G. Timothy Hurner, professor of citrus, said most job openings are in horticulture, landscaping and related fields. Consequently, Hurner advises each year's new crop of about five citrus majors to study other plant sciences, too.
Although such shifts may be inevitable in a free market, the thought of losing agriculture as a core component of the state's economy worries some researchers.
Agriculture and natural resources generated nearly $51 billion in sales in 2003 and accounted for about 7 percent of the state's overall economy, according to Alan Hodges and W. David Mulkey, economists at the University of Florida.
About 8 percent of jobs are agriculture-related, compared with 23 percent in the combined category of real estate and financial services, 18 percent in retail, 15 percent in health care and 14 percent in construction.
It is to everyone's benefit to maintain the agricultural jobs that remain, said Brinkmann, the USF geography professor. "If you lose a significant economic area for the state, you lose diversity."
If the state suffers a downturn in one industry, other industries can soften the blow, Brinkmann said. When an industry such as agriculture shrinks, the economy becomes less resistant to recessions.
Because of reporting lags, it will be at least a couple of years before researchers can say how the current sales of groves and ranches will translate into changes in employment and food production.
Ecological Effects
Economists haven't figured out how to express agriculture's ecological value in dollars and cents. But many argue there's a value to open spaces, even if intangible.
"When you lose a ranch, you lose that wildlife," said Cary Lightsey, a Lake Wales rancher.
The Lightsey family and its cattle company recently won an environmental stewardship award from the U.S. Department of Agriculture, the National Cattlemen's Beef Association and other groups for conservation efforts on their nearly 30,000 acres.
The Lightsey ranch is home to bald eagles, blue heron, snail kits, wood storks, alligators, white-tail deer and black bears.
Conservation easements guarantee the land will be preserved into the next generation, Lightsey said.
But he worries about habitats elsewhere - about the loss of trees and changes to the aquifer as green spaces are depleted. The more paved surfaces, the less quickly the ground absorbs rainfall.
Elsewhere in Florida, a developer is proposing to preserve pieces of Old Florida in a more unorthodox way.
This month, the St. Joe Co. announced it was selling "environmentally unique" parcels in Northwest Florida under the marketing title "FloridaWild." The land has remained largely unchanged for 100 years, the Jacksonville-based land and development company said. St. Joe wants to sell parcels of at least 40 acres, at $2,500 to $9,500 per acre.
"This is a contradiction in terms, of course," Tallahassee native and author Diane Roberts said.
But such development may be more palatable than other possibilities.
"I would prefer that to selling half-acre lots," she said. At least St. Joe doesn't "build ugly stuff."
Looking Ahead
The change in Florida's landscape - from farms and ranches to houses and roads, golf courses and shopping centers - is likely to continue, with the state's population expected to grow from 16 million to 19 million by 2010 - a 19 percent increase, according to the U.S. census.
Some who grew up farming and ranching in Florida say they wouldn't want to stay in the business, even if they could make a living. What's happening is too foreign to the lives they've known.
Across from Gore's shuttered dairy farm in Zephyrhills, cars stream in and out of the Wal-Mart shopping center on U.S. 301. There's a Chili's there, too, a Taco Bell and other chain stores.
People stepping outside the restaurants used to complain about the smell of cow manure from across the busy street. Gore has his gripes, too, like the smell of grease from the restaurants and the wail of fire engines responding to the frequent fender-benders in the shopping center's turn lane.
"It makes you want to move somewhere else, I guess," he said.
Among all else, planner remains 'fair'
By DAN DeWITT, Times Staff WriterPublished March 26, 2006
BROOKSVILLE - When Larry Jennings arrived in Hernando County in 1973, the Planning Department was housed in the basement of a tiny building in downtown Brooksville.
Hernando's zoning laws were passed only one year earlier, which was five years after the county approved the most massive subdivision in its history, Spring Hill.
Regulating land use was such a novel idea that, as a rookie planner, Jennings received stinging criticism for trying to restrict construction of a mobile home park in the floodplain of the Withlacoochee River.
The strength of the county's planning laws, he said, have grown with its population, which was 26,000 when he arrived and is now nearly 160,000.
Like every other county in Florida, Hernando's decisions on development are guided by a comprehensive plan. About five years ago, the county passed a "big box" ordinance establishing design requirements for large stores, plus one of the most exacting landscape ordinances in the region.
In the 1980s, Hernando passed ordinances that required frontage roads on major highways, levied impact fees and set aside money to buy environmentally sensitive lands.
"At the time some of those things were done, we were a fairly small, rural county," Jennings said.
Jennings, 55, is the living symbol of steady service to Hernando County government. He has worked in the Planning Department since shortly after graduating from the University of South Florida. He supervised planning operations for nearly 30 years before being promoted last week to deputy county administrator.
It's a job that suits him ideally, Commissioner Nancy Robinson said, because in fast-growing Hernando County, almost every issue is a planning issue.
"Everything he does in planning will be an asset to him in administration," she said.
It also helps, she said, that "he is certainly outstanding at what he does. I keep telling him, "You're here forever.' He's that good."
Though he receives similarly high praise from his bosses and co-workers, Jennings deflects almost all of it - other than suggesting that the county was progressive to pass the regulations that it did in the 1980s. Even then, it wasn't his work alone, he said.
"It was the whole staff. It was the County Commission."
That statement is an example of the cautious approach that has frustrated some environmentalists and probably, they said, allowed him to stay in his job as long as he has. But it is also the truth, Jennings said. Though he may have done more to shape growth in the county than any other person, he has been able to do only so much.
"Our job is to give the (County Commission) good advice," Jennings said. "It is not our job to influence their decision. ... I don't think it is proper for staffers to co-opt the (commission's) decision."
Leslie Neumann, a longtime member of the Gulf Coast Conservancy, said she appreciates that now. But she didn't in the early 1990s when her group was seeking to persuade commissioners to preserve environmentally sensitive land near the coast.
"He would just present the facts to the commissioners in the most educational and neutral way possible," Neumann said.
"You want somebody who is so knowledgeable and in such a powerful postion ... to persuade them. There were several occasions when I could remember sitting in the audience, screaming inside, "Say it differently! Say it differently!' You couldn't count on Larry to take an unpopular position."
But he also presented any of the group's proposals honestly and accurately, she said. And, looking back, she is amazed at the amount of time he spent educating conservancy members.
"None of us had any history of activism in land conservation. He would give us time and explain things to me so I could take the steps to further our agenda," she said. "He was always very patient and fair."
Jim King, a planner who began working for the county the same year as Jennings - though he left to work elsewhere for two decades - noticed the same quality as the county was rewriting its comprehensive plan last year. Jennings sat for long meetings with both developers and advocates of stricter limits on growth.
"He manages to make himself accessible to a degree that I just find amazing," King said. "He deserves an "attaboy' for that."
Partly because of his longevity, King said, Jennings seems to be able to anticipate every objection to proposals.
"I think Larry is just superb at being able to consider the angles that might come up at a meeting," King said. "It is comforting to me to think when I put something together that it is going to get his scrutiny."
No decision has been made on Jennings' replacement. But Jennings said he will continue to supervise major planning issues - impact fees, for example - from his new job.
He will also deal with the upgrade of county facilities. The improvements recently recommended by the county's capital improvement committee, a citizens advisory board, are expected to cost $500-million. Much of that will be spent on roads, county office buildings and parks, Jennings said.
"We have to keep up with infrastructure," he said.
He should be able to do it in the future, said Bob DeWitt, chairman of the Planning and Zoning Commission, because he did it in the past. Though Jennings downplays the power of his position, DeWitt and several others said his leadership is one of the reasons that Hernando has been able to accommodate growth more comfortably than some neighboring counties.
State Road 50, for example, was widened more than a decade ago, years before improvements began on the main east-west highways in Pasco County. The areas of Hernando that are growing most rapidly, or are expected to in the future, are all served by sewage treatment plants completed in the 1990s.
"Larry, in my opinion, is probably one of the most knowledgeable and competent planners or administrators that I've had the privilege of knowing," DeWitt said.
The county may grow even more quickly in the next 30 years. Jennings, with his usual reluctance to offer opinions, would only hint that he might prefer that the growth slow down. He lives with his wife, Anne, on a wooded lot near the Croom Tract of the Withlacoochee State Forest. (The couple's adult son works as an engineer in South Carolina.)
Jennings was raised in Lutz when it was a small, country community.
"I'm a rural-type person," he said.
Though Hernando will never again be a rural county, at least one factor may make it easier to control growth in the future. Residents objected to just about all land planning when he began working in Hernando, Jennings said. Now they demand it.
"Back then, we used to get a lot of complaints about our regulation," he said. "Today, we get a lot of complaints that we aren't tough enough."
--Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116.
[Last modified March 26, 2006, 00:25:14]When it pays to stay put
By CHANDRA BROADWATERPublished March 26, 2006
HERNANDO BEACH - Charles Ryan loves his home.
He wakes up to Gulf Coast mornings and passes the evenings watching the sunset. Dolphins play in his back yard.
Six years ago, Ryan and his wife, Carol, moved to Hernando Beach from Spring Hill for the relaxing scenery and for future retirement. The quaint white, one-story house with brown trim on Gulf Winds Circle that they found during their home search was perfect.
The exhale of a low-maintenance, low-stress life is what the silver-haired 65-year-old from New Hampshire always wanted. He and Carol, 63, would work until they were really ready to slow down,he from his local realty business, she as a Pasco County schoolteacher.
Now that they're a little closer to that stage of their lives, Ryan finds himself trapped within the walls of the home he loves.
Why? Three words: high property taxes.
And his aren't even that bad.
The home Ryan paid $125,000 for in 2000 has risen to a market value of $295,000. He figures he could sell the 33-year-old two-bedroom, two-bath house for $450,000.
His neighbor down the street has his four-bedroom, three-bath home on the market for $1.5-million, well above the original price. Ryan can't complain. He knows he's sitting on a gold mine. But would he really benefit from a sale?
Because he moved in when he did, Ryan was able to lock in a lower tax rate thanks to Florida's Save Our Homes Act, also known as Amendment 10. It took effect in 1995 and caps the annual increase in assessed value for homesteaded properties at 3 percent.
Ryan pays taxes on an assessed value that's close to the price he paid for his house. His tax bill last year: $1,500.
If he sold his house and moved elsewhere, even into a similarly priced house, his tax bill would be substantially higher.
His neighbor selling the $1.5-million home? According to Hernando County property tax records, Mihran Kalfayan paid $2,900 in 2005 for a house with a market value of $564,000. He moved to Hernando Beach in 1994.
But what about another set of neighbors three houses down from Ryan and across the street from Kalfayan who bought their home in 2004? County records show Dianna and Ferdinand Baromir paid $5,400 in taxes last year for their two-bedroom, two-bath home, built it 1972. The market value is listed at $315,000.
Although politicians designed Save Our Homes to protect homeowners from being taxed out of their homes, it has created huge discrepancies between what neighbors living on the same street pay in property taxes.
Hernando Beach has seen one of the highest increases in county home prices in recent years. Residents pay taxes on almost 50 percent of the taxable market value of their homes, according to an analysis by the St. Petersburg Times .
Lawmakers in Tallahassee have proposed to expand the tax cap so people can take their current rates with them. This would let people buy new homes without paying what amounts to a tax penalty. But the disparities between homeowners would grow wider still.
Come back to Hernando Beach and consider the $465,000 three-bedroom, three-bath home Rob Bunn built three years ago. The tall taupe structure with white trim sits a few houses up from the Ryan home on Gulf Winds Circle. Bunn and his wife, Debbie, paid $6,700 in 2005 taxes on a taxable value of about $360,000.
The Bunns moved from another home in Hernando Beach, knowing that their taxes would rise.
"They're outrageous," Rob Bunn said, standing on his front porch while swatting mosquitoes one evening last week. But he says people make choices based on what they want, whether it's expensive or cheap.
"You have to be willing to pay for it and come with a chunk of change if you want to live here," Bunn said. "To us, it's all worth it."
Back at Ryan's home down the street, the homeowner said he doesn't think that making the cap mobile will help. The way he sees the current situation, some people are making up for what others aren't paying.
And when the people who pay lower taxes, like he does, finally do decide to move, or are forced to move, their wallets will be sacked for what they were able to save all those years while staying in the same house.
The Realtor doesn't know if cheap housing exists anymore - anywhere in Florida.
Because of the increase in property rates, affordable homes, such as those in Hernando Beach where fishermen used to live and ones in Spring Hill, which used to be occupied mostly by retirees, are hard to find.
As a result, the young and old are pushed out of the way by others ready and willing to pay top dollar, he said. And that means fewer people to buy a house like his.
Save Our Homes has also produced hesitancy among potential home buyers, he said.
"I'm going to have to tell them that their tax rates are not going to be like mine," Ryan said, sitting in an easy chair in his living room. "And they won't want to pay that."
As a Realtor, he talks to people who say the same thing almost every day. Especially seniors who are looking to downsize. They're shocked when they find out they could pay higher taxes for a smaller home.
"It's just too much of a jump for anyone," he said. "And I'm afraid it's just the beginning here. What are people who are just starting out or those on fixed incomes supposed to do? I don't know what the answer is."
--Chandra Broadwater can be reached at cbroadwater@sptimes.com or 352 848-1432.
[Last modified March 26, 2006, 00:25:14]Tax burden shifts to recent home buyers
By CATHERINE E. SHOICHETLegislation aimed at protecting established homeowners is causing problems for new residents and those looking to move.
Published March 26, 2006
When voters approved Florida's Save Our Homes law in 1992, Citrus officials predicted it would have a dramatic impact on local taxpayers.
They were right. A St. Petersburg Times analysis provides hard numbers showing the impact of the tax cap law.
Under the law, taxable values of homesteaded properties can rise only as fast as inflation, or 3 percent, whichever is lower. The law was designed to keep residents from being taxed out of their homes, but it also affects local governments.
More than $1-billion in property value was shielded from taxation because of Save Our Homes last year, according to property appraiser Melanie Hensley. In 2004, that number was just more than $500,000, she said.
The Times analysis of the property taxes of every homesteaded property in Citrus - 46,078 properties - also found:
Residents of high-growth areas like Black Diamond, Citrus Hills and Sugarmill Woods pay taxes on a far higher percentage of their home value than residents in older areas of the county, such as Beverly Hills and Homosassa Springs.
The widest disparities, neighbor to neighbor, are found in the county's waterfront communities, like Crystal River and Homosassa, where property values have skyrocketed and turnover in real estate is more common. While a longtime resident may be paying hundreds of tax dollars annually, a neighbor who purchased or built a similar home more recently likely pays thousands because the cap is lifted when property is sold.
Rising values and capped taxes now mean that the average Citrus homeowner has less than 42 percent of their home's market value being taxed.
Former property appraiser Ron Schultz, who actively campaigned against Save Our Homes when it was first proposed, said his views of the law have changed. Like most things, he said, it is neither as bad as its opponents feared it would be nor as good as its supporters predicted.
"There is no doubt that what you had was a transfer of the tax burden off of Florida's long-term residents," he said. "People who were in a house and stable and did not choose to sell or buy saw a very real tax protection in this."
But still, Schultz describes some aspects of the system as "dysfunctional."
The catch is that residents who decide to sell can't take the cap with them when they buy a new home. That creates tax bill disparities within neighborhoods.
"It's a double-edged sword," Commissioner Dennis Damato said. "It's bad for the person moving, but it's actually kind of good for local government because it enables them to pick up some of the fees that they didn't get initially."
Some people who were initially grateful for the law's protection now say they are finding themselves trapped in their homes.
Damato said he and other county commissioners have received complaint calls from residents who say they want to move, but can't because they would not be able to afford the taxes on a newly purchased home.
"Everything has skyrocketed. It became a real issue," said Marvia Korol, a Realtor with RE/MAX Realty One in Lecanto. "People are now shopping with taxes in mind."
It's a problem Commissioner Vicki Phillips says she can relate to.
"I'm one of those people that's in that same situation," she said.
Phillips said she and her husband discussed moving into a smaller home, but decided to stay in their three-bedroom Lecanto home to preserve their tax cap.
But soon residents may no longer have to worry about staying put. This year, a legislator's proposal to allow homeowners to transfer their tax-cap savings to a new, more expensive house is gaining traction in Tallahassee.
Several Citrus officials said they support the idea of making the cap portable.
"It will be a good thing for a lot of people," Hensley said, adding that she thinks caps should only be portable within the county. "There are people in very large homes whose children have moved out. They're kind of stuck in that huge house because of the cap that they may have."
Damato said if legislators could design a fair system, it might be to everyone's benefit.
But Phillips said she is not sure portability is the right solution.
"You have to look at the other side. You have to look at the revenue the county would lose," she said. "Property tax is the only revenue that counties generate."
--Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.
[Last modified March 26, 2006, 00:25:14]Panthers rebound into danger
Growing numbers bring growing troubles
Considered the most endangered mammal on the planet when it numbered perhaps two dozen a decade ago, the panther has rebounded to about 80 today.
The number of people living in South Florida also has climbed dramatically in the last 10 years, from 250,000 to more than 300,000 in Collier County alone. And with more people moving into subdivisions chiseled into the scrubby pinelands and hardwood hammocks that once buffered panthers from urban life, a growing chorus of observers say Florida has reached its limit of cats.
Indeed, sustaining the recovery promises to be much trickier, hinging as much on social and political considerations as scientific ones. How those questions are answered could determine whether panthers hang on or whether South Florida decides it no longer has the room or the will to protect them.
Already, the number of panthers killed on roadways this year has equaled the total from all of 2005, including one that was run over on Interstate 75 near Fort Myers.
Perhaps a more telling indicator of the trouble facing the panther is the increasing pressure to remove a second cat from the wild this year.
Panthers are known for their stealth, but this cat, known as No. 124, has been anything but for more than two years. She has been seen dozens of times prowling along Loop Road homesites in the Big Cypress hamlet of Ochopee. Leaders of the Miccosukee Indians who live there worry that she will attack people's pets or livestock or, though a panther has never attacked a person, one of the children who play along Loop Road and the fringes of wild Big Cypress.
Wildlife biologists say the cat should be left in Big Cypress. But Interior Department officials ultimately could make the call on 124, so-called because of the numbers assigned to panthers to track them.
As the debate continues about 124 and how to handle panther-human interaction -- not to mention whether the Florida panther's DNA has become so corrupted by a cross-breeding program that it might not even be the Florida panther anymore -- some scientists think the risk of extinction is as great today as ever.
Larry Richardson, a federal biologist who has studied the cats for 20 years, is among them.
"It's always dangerous when you make strides, because people can get apathetic and think everything is OK," Richardson says. "But I'm more concerned today than I was (10 years ago).
"I see a crash coming."
Hunted and hemmed in
Not everyone is so pessmistic.
Florida panthers once enjoyed their perch atop the food chain across a vast dominion. They roamed the entire Southeast, from the Carolina mountains to the Louisiana marshes. And they were all over the Florida peninsula, from the Panhandle to the Everglades.
But they were hunted and their habitat was paved over and fractured until the cats were hemmed into the relatively tiny pocket of South Florida, a mere 5 percent of their original range.
The tight quarters meant major problems for the panther. By the mid-1990s, it had become so inbred that its male offspring were being born without testicles.
The panther is a subspecies of the cougars that are found in abundance all over the western United States. So, scientists transplanted eight Texas cougars into the panther population in a last-ditch effort to solve the genetic problems and save the animal. It worked: the panther's numbers have roughly quadrupled since then.
And after more than 20 years of capturing, collaring and tracking panthers, about 70 percent of what has been identified as the cat's primary habitat zone has been protected.
"We have to tackle the remaining 30 percent to maintain continuity," said Darrell Land, the panther team leader with the Florida Fish and Wildlife Conservation Commission. "I'm cautiously optimistic. We certainly see more panthers today, so I'm optimistic that preservation methods have worked."
Colliding with man
But as the fiercely territorial panther's population grows and young males continue to seek ranges outside of protected public lands, the cats increasingly are running headfirst into the region's ravenous growth and development machine. Every day, 60 people move to Collier County alone.
Young male cats are increasingly at risk as they are forced to venture farther from traditional panther havens in search of territory. After establishing home ranges as large as 200 square miles, male panthers will fight to the death to protect the hunting and mating rights that go along with them.
Roadkill numbers are one indication that interaction between panthers and humans has ratcheted up this year. Besides encroaching development and the sometimes deadly territorial squabbles that accompany shrinking amounts of territory and increasing numbers of cats, panthers are feeling other pressures.
The removal of 124 would be the second this year of a cat roaming near people in Big Cypress. In February, panther 79, an 11-year-old male nicknamed Don Juan because he had fathered about 30 kittens, was removed from Big Cypress and shipped to a nature center outside Jacksonville after repeatedly killing livestock in the Pinecrest area. While acknowledging that 79's removal was necessary, scientists blamed its behavior on people.
"We had to take him out, no doubt about it. But, at the same time, we can't provide them a smorgasbord," said Richardson, who works at the Florida Panther National Wildlife Refuge at the northwestern tip of Big Cypress. "We're closing off their habitat and forcing them to take advantage of food that is not intended for them but is presented to them."
Tough, unavoidable choices
Perhaps no case better illustrates the complexity of panther management and the uncertainty of the cat's future than that of 124.
One of an estimated 14 to 17 reproducing females left, 124 has birthed litters each of the past two years, making her "one of the most significant panthers out there," according to Laura Hartt, a panther expert with the National Wildlife Federation. It is rare for female panthers to give birth two years in a row.
But while the Florida panther is a clandestine animal, 124 and her kittens have been unusually visible. The Miccosukee persuaded wildlife officials to remove a kitten from her previous litter two years ago after it was seen near a ceremonial site on tribal lands. And 124 was seen chasing a deer near an environmental education center run by the National Park Service on Loop Road.
Some suspect Loop Road residents and people who work at the environmental education center have been feeding deer in the area, which has attracted them in large numbers and which, in turn, has attracted 124.
At a meeting in Naples this month, a team of scientists reaffirmed its position that 124 has not displayed the type of behavior that mandates removal.
Meanwhile, the Miccosukkee tribe continues to petition federal officials to take her out, warning the panther could be shot if it displays threatening behavior.
All of which leaves federal officials with a tough choice: should they choose the politically dangerous route of ignoring the tribe, or set what could be a dangerous precedent by removing the panther?
As Hartt of the NWF said, "Anytime anyone sees a cat, can they pick up a phone and have it moved?"
The case for a hard line
Tribal adviser and Loop Road resident Fred Dayhoff takes a different view.
A lifelong resident of Big Cypress and a former ranger in Everglades National Park and Big Cypress, the 65-year-old Dayhoff says the risks of leaving a panther brazen enough to have repeatedly come within 20 feet of people are too great, both for children and the panther.
"If it ever did attack a child, that would be the end of the panther recovery program," said Dayhoff.
Dayhoff blames 124's comfort roaming near people on wildlife officials who rebuffed his requests for agressive "aversive conditioning" -- such as chasing the panther with dogs or shooting it with a slingshot -- when the cat first was seen in the area. Instead, officials tried to use air horns and recordings of barking dogs, which didn't work.
Then there's the DNA question.
Dayhoff says genetic testing done since the cross-breeding experiment raises questions about whether the western cougar's DNA is "taking over" that of the panther. Biologists say the animals maintain certain characteristics that are purely Florida panther, such as facial structure.
But the DNA question is clearly an issue that makes panther advocates uncomfortable, raising the specter that the Florida panther is already gone and the cross-bred cats that remain in South Florida don't qualify for protection.
"Bottom line: these ain't panthers anymore," says Dayhoff, whose wife works at the environmental education center just a short walk from their Loop Road home. "They're predominantly Texas cougars and they're behaving as cougars do: reproducing more quickly, stalking people. That's really the story here."
Such rhetoric has made Dayhoff plenty of enemies, some of whom say he is using the tribe to remove a panther near his home and his wife's workplace when the focus should be on teaching people who live in panther country how to co-exist with the animals.
"Those people are using this as an opportunity to kill the messenger rather than listening to the message," Dayhoff fires back.
Perhaps. Ultimately, the warnings sounded by Dayhoff and the scientists who oppose 124's removal share an underlying theme: the Florida panther is in trouble. Where they differ is on why, and what should happen next, starting with 124.
Meanwhile, back on Loop Road, alligators and wood storks hang out in roadside canals framed by a tangle of bald cypress, orchid-adorned slash pine and palm trees. On a mild mid-March afternoon, it can be hard to imagine there is something wrong if you're just passing through.
It can be hard for the people who live here, too. Though Stacey Cypress, 18, lives on Loop Road, she had not heard about her tribe's fight to remove 124 until a visitor told her about it last week. Despite the rampant fear and anxiety sweeping the area detailed in tribal letters to wildlife officials, no one had told this new mother and caretaker of three younger siblings that a renegade panther was about.
A freshly lit menthol in her right hand, her 8-week-old daughter on her lap, Cypress sat on her front porch and nodded toward the lush wilderness.
"We're living in their habitat," Cypress says. "They're endangered, right? So why move them out of here? What's the point of that?"
Mar 26, 2006
Higher Prices Not Slowing Down Snowbirds
By BILL RETTEW JR.wrettew@highlandstoday.com
SEBRING - While most snowbirds believe that Sebring is still a Florida bargain haven, the degree of that monetary savings often depends on whether those seasonal residents own their homes and when they purchased them.
With real estate home values that Highlands County Commissioner Bob Bullard said are increasing by more than double digits yearly, a financial crimp has been placed on those who rent, rather than on those who own a home.
It was a typical evening in the Florida room of their rented triplex for Michigan couple Barb and John Marshall. A lizard breached the screen and ducked inside, and then back outside at will, while the former police officer and his wife snacked on cheese and crackers with friends of 54 years, Maud and Dave King.
The Kings purchased a golf course house and have renovated it throughout, and in turn have seen the value of their property more than double after owning it for three years.
The Marshalls are recent transplants and snowbirds from a hurricane-damaged home on the Gulf Coast.
“We can’t afford to own down here and have a home in Michigan,” said John Marshall.
Both couples have sold their primary residence in the Detroit area and split their time between their vacation “cottages” and Sebring.
“We’ll try to sell up north and buy a condo up there,” said John Marshall. “and buy a double-wide or manufactured home here. If only we could have found a place here earlier.”
Regardless, Maud has fallen in love with Sebring, will make it her home and said that it has “ a little bit of sophistication, but not the big city bustle.”
While it might not be a “big city bustle“ atmosphere that Sebring Mayor George Hensley envisions, he does foresee, and already has seen, changes. He pointed to community upgrades which include a growing arts community with recent additions like the Civic Center and the Highlands Little Theatre.
He expects that more homeowners will translate into more patrons to downtown shops, but believes that overall the character of a town of primarily single family homeowners will stay nearly unchanged.
Hensley was addressing the influx of builders in a town that has physically doubled in size within a year through annexation. Builders like Arthur Marrero, of Davie and Key Largo, are poised to build upscale condominiums.
“Folks who buy $300,000 condominiums will be different,” said Hensley.
Marrero plans to build 69 condos on Lakeview Drive, with another similar development nearby on the drawing board . The builder is betting that values keep rising. He expects that 80 percent who own the proposed condominiums will live in Sebring only part of the year or on a seasonal basis.
“There are very few locals in Florida,” said Marrero. “The market will determine where the buyers will come from.”
Not to be confused with a carpetbagger, Marrero expects to eventually live in one of the soon to be constructed units, and while he advertised in the Sebring race program, he also attended during race week and hopes to promote the community through local shop owners.
Louise England, executive director of Highlands County Economic Development Commission, said that Sebring is not alone, since “all of Florida is losing something.”
“It’s nice that the price of your house goes up if you own it, but not so much if you rent it,” said England.
She then talked about a trend discussed by many, from residents to motel owners to real estate agents.
“The cost of housing is driving people inland,” she said.
No matter how much prices seem to rise in Sebring, on the Florida coasts the costs are even steeper.
The office manager of the Ramada Inn in Lake Placid said that business often depends on how many visitors are shopping for a new home in Sebring when visiting from the Florida coasts.
England referred to Sebring as still the best buy in the state. She laughed when she said that an old method to measure the number of snowbirds was to consider the amount of trash collected. That system, said England, would point to a doubling of temporary residents during the most visited winter months.
“The cost of living is rising in this beautiful area,” she said. “It’s still a beautiful area, but it’s going to cost you a lot more.”
Ben Yantis, of both Indiana and Sebring, was playing “Pejanque,” a French version of Bocce, this week at Tanglewood with about a dozen residents.
Talk turned to the local increase in traffic, but the group as a whole compared it favorably to traffic on the coasts, while also discussing housing prices.
“Work hard and save your money,” Yantis told a younger listener.
Barbara and Bob Thulin of Rochester, N.Y., spend five months per year in Sebring and were playing on the sand course with Yantis.
“Universally prices have gone crazy,” said Bob Thulin. “But the coast is not the place for a home.”
Tracy Mullins, project manager and planner for the city of Sebring, maintained most “rust belt states” residents almost universally choose either Florida and Arizona to call home (at least for part of the year). He said that there will always be a demand for Southern living, no matter what the cost.
“The America Dream is to have your place in the sun,” said Mullins. “Everybody always wants someplace warm to retire to.”
“Yes, the prices will have an effect, but there is still a lot of money and very affluent people from 50 states headed for just two states.”
Another planner exits
Karin Murphy joins others who have left for the private sector
In the last few months, she had logged nearly 90 hours of overtime on Pineapple Square, a deal that's bigger and more complex than the others and promises to have an even larger impact on the city's redeveloped downtown.
But soon she'll be gone, one of two senior planners who've been hired away in the past six months, just when they're most needed.
With Murphy's departure, the city will be losing one of its toughest deal analysts, someone with a reputation for getting straight answers from developers. She has been behind the scenes on many of the projects that have changed the face of the city.
And it's not just the city that's losing experienced urban planners. Since last summer, the county has also lost two to private firms.
City Planning Director Jane Robinson has made three recent hires to fill spots left by some of those who went to the private sector.
Since last summer, Sarasota County planning director Anne McClung said one of her planners left to start his own firm. Another got scooped up by a Tampa engineering firm trying to expand in Sarasota.
Planners who leave often do so partly because of the number of projects that flood their desks during a building boom like the one in Sarasota County. That experience is exactly what has made them so valuable to private groups that deal with governments every day.
And the private firms can often afford to pay more than the $60,000 a year or so that governments like the City of Sarasota are paying.
"It's getting very difficult for us to compete for professional planners," said Sarasota City Manager Michael McNees. "We've lost a number of our folks to the private sector. We're not being competitive salary-wise."
Deals like Pineapple Square illustrate just how difficult planners' jobs often are. The project involves several pieces of city-owned land, as many as 275 residences, 40 shops and restaurants, and a tradeoff with the developer to build public parking.
Murphy's job was to figure out the deal and explain to commissioners how it fits in the larger context of the city, despite the developer's reluctance to hand over some key information.
Consultants in her study asserted that a one-acre piece of city-owned land the developer wanted was worth nearly $11 million. The developer insisted the land was worth nothing. City consultants also suggested that the project might not help a downtown parking crunch, an idea that the developer disputed.
In the end, the commissioners sided more with the developer on the value of the land and the project's impact on downtown parking. Commissioners voted to move forward a project they said will be a big boon to shopping downtown.
"The commission is within their right to weigh other things, and that's what they did," Murphy said.
She says her task was to present them with all the answers she could.
"I can't take a leap of faith," she said. "It's not my job."
In seven years at the city, Murphy said her objective was to ask the difficult questions and "pin people down in agreement" to get a project up and running. She said that the Sarasota Ritz-Carlton was the only Ritz-Carlton to be completed on time.
Many developers have seen her as an adversary, but Murphy and her co-workers say the projects still came out better because of it.
"Redevelopment is messy," she said. "It's painful in many ways."
Offering higher salaries and the opportunity to work all over the region rather than just for one governmental body, the Naples-based architectural engineering firm WilsonMiller has lured Murphy and another experienced planner, Allen E. Parsons, to its Sarasota office.
Murphy said it wasn't necessarily salary that caused her to leave, although that was part of it. Her new job is five minutes from her home, and will give her more time to spend with her three boys.
Government officials say they can't afford to lose people like Murphy.
"The people who live here really owe Karin a debt of gratitude," said City Manager McNees. "She has worked very hard to review projects with the public's interest in mind."
McNees said he may ask to raise planner salaries next fiscal year.
Murphy thinks planning departments across the area need more staff.
"I don't think any of us expected to see the kind of growth we did for such a small city," Murphy said.
Long gone are the flexible hours that some planners seek when they sign on to work with the government. Working for the public is no 9-to-5 job.
"That hasn't been the case for a long time," she said.
"They're working the grueling hours."
Mar 26, 2006
Private Rights, Public Good
By KEVIN BEGOS and JOSé PATIñO GIRONAThe Tampa Tribune
TAMPA - Tampa Heights property owner Paul Goodman likes what is happening in Tallahassee.
The Legislature is considering several bills to strengthen private property rights, part of the backlash to a U.S. Supreme Court ruling that allowed a Connecticut city to seize private property for redevelopment.
Sixteen years ago, Goodman bought property at 323 W. Palm Ave., hoping to build a home later. That hasn't happened, but since then the city has come up with a $500 million redevelopment plan for the neighborhood.
The city wants Goodman's lot and 13 other properties near the Hillsborough River, but he doesn't want to sell.
"I am willing to completely challenge and face the legal threat," said Goodman, 45.
If it comes to that, he likely won't have to fight alone.
Government usually wins such battles by using eminent domain, its power to seize private property for public use, but critics said last year's Supreme Court decision in Kelo v. City of New London went too far. The ruling, which allowed the city to seize property and turn it over to a private developer, gave critics ammunition to mount a fierce counterattack.
At least 43 states have passed or are considering laws to limit the effect of the Kelo ruling, said Dana Berliner, a senior attorney at the nonprofit Institute for Justice in Washington.
The basic test for taking private property was "the city has to have a plan, and as long as there's a plan, you can take whatever you want, for whatever reason you want it," Berliner said.
Mills and Railroads
Taking land - or even a home - to build a road, school or courthouse long has been accepted as an unpleasant but necessary option in the United States.
Much of the outrage over the Kelo ruling came because New London was trying to force people out of their homes to make way for a commercial development project.
Current eminent domain laws in Florida "could cover any piece of land in this state," said Rep. Everett Rice, R-Indian Shores, who thinks that's too broad.
Many public officials disagree, noting that the Florida Constitution says, "No private property shall be taken except for a public purpose and with full compensation therefore paid to each owner."
The debate, both sides agree, is over the definition of "public purpose."
Vanderbilt University law Professor James Ely said it's established that governments sometimes need to use eminent domain, dating as far back as colonial America.
Colonial uses of eminent domain were more limited, but Ely said there were some cases in which businesses were given the right to take property from citizens.
"Mill operators were typically given authority to flood an acre or two of land of adjacent landowners because they had to build a dam," Ely said. In Virginia and Maryland, people seeking to build ironworks were given eminent domain power to obtain land or cut down trees because the industry was deemed vital in the young nation's struggle to free itself from British industry.
In the 19th century, canal and railroad companies were given eminent domain power. Then in the 1940s, cities began to use eminent domain more aggressively for urban renewal projects, Ely said.
"Typically the projects involved the city taking the land and then transferring it to a private developer," he said. "Critics were saying, 'You're really taking from one person and giving it to another. You're going to remove poor people, and you're going to build upscale things.' "
The trend was dubbed "Negro Removal," and Justice Clarence Thomas used the phrase in his dissent to the Kelo ruling last year.
'No One Would Be Hurt'
The Tampa Heights project illustrates the other side of the debate: Residents are tired of the decay and crime.
A prosperous neighborhood for the city's upper class in the early 1900s, it slid downhill after World War II. Crack cocaine was rampant there in the 1980s.
By 1990, community associations and city officials were trying to clean vacant lots and promote historic renovation and affordable housing. Ideas and words outpaced progress, though.
In 1999, Mayor Dick Greco pledged that "no one would be hurt" by a $217 million, 77-acre redevelopment project for Tampa Heights, similar to the area now planned for development. "We'll never get to eminent domain because they [homeowners] will get paid more for their homes than they ever believed," he said.
That would be news to Pat Matassini, who has owned a vacant parcel at 603 W. Palm Ave. for more than 30 years.
He has had offers, but none for the right price, he said.
Now his property is one of the 14 on which the city has authorized eminent domain proceedings.
Matassini, owner of Matassini Seafood Inc., said he favors progress but thinks the city is being unfair.
"If I don't like the price and I don't want to sell it, then leave me alone," said Matassini, 83. "If I want to hold on to it and not sell it, that's my business."
The bold redevelopment plan Greco spoke of in 1999 collapsed the next year when developers and the city stopped negotiating.
Some residents think such history needs to be considered.
Mary Hernandez lives in Tampa Heights and is co-owner of Traditional Homes by Hernandez, a home-building business. She struggles with the eminent domain issue, but she believes Tampa Heights needs the retail the new developers are proposing.
"I'm sorry there may be some eminent domain scenarios," Hernandez said. "No one likes to take somebody's property. [But] I'm going to have to be OK with it. We need the development."
Legislation Passes Committee
There's a chance Florida voters will have the final say. Among the bills approved by the Special Committee on Private Property Rights last week is one that would put a constitutional amendment on the ballot this fall, strengthening private property rights and providing more safeguards against eminent domain.
That proposal, as well as other eminent domain legislation, passed the committee by unanimous vote.
Gov. Jeb Bush doesn't usually comment on legislation, but he supports the idea of a constitutional amendment, spokeswoman Alia Faraj said. "He was extremely disappointed when the [Kelo] ruling came down."
Kraig Conn of the Florida League of Cities, however, told lawmakers he is worried they're going too far.
"Make no mistake about it: The sledgehammer reaction to the Kelo decision strikes at the very heart of community redevelopment," he said.
Michael Hatchett, a redevelopment officer for the city of Tampa, shares the concern.
Bringing the Tampa Heights area back to life has "been a long time
coming," and if the power of eminent domain is restricted to the extent
that in essence it can't be used, that could stall or even stop projects
across the state, he said.
Big As A Barn Door
Published: Mar 26, 2006
You could call the new blue metal structures at Pasco and Zephyrhills high schools "barns," but the students and teachers who will study and work in them prefer the more modern term: agricultural sciences centers.
After about 30 years of working in small, wooden-frame barns with limited stall space for animals, students at both of east Pasco's high schools are getting classrooms that better fit the needs of the 21st century agriculturist. Each school annually enrolls more than 100 students in its agriculture classes, even though few students live on farms or ranches or have livestock at home.
Today's agriculture students are looking to a different future than previous generations, said Rob Brown, the longtime agricultural sciences teacher at Zephyrhills High.
"I don't expect them to go and become farmers because they couldn't afford the land or anything else," he said. "But they are being exposed to the computerization [of livestock-tracking and record-keeping]. An agricultural sciences elective gives you an opportunity to explore the possibilities of going into research or genetics."
At the very least, the classes are a good way to educate students about where their food comes from, Brown said.
The new buildings provide better settings for teaching, partly because students will be able to better view the animal care and veterinary demonstrations.
Now, for instance, at Pasco High, when agriculture teacher Ed Dillard and students at his school want to weigh a steer, they guide the animal into a narrow pen with a scale at ground level. Students can watch from either side of the pen's exterior, but there is only room for about three people. The screen displaying the animal's weight is visible only to students on one side. The new center should offer a better working and learning environment.
"The other one is clean and new," said 17-year-old Jessica DeLage.
The Pasco High junior said she is looking forward to working on her senior-year projects in the new center, which should be completed by August. The Zephyrhills barn should be done about the same time.
The older buildings, built with scraps of lumber and recycled poles, are indicative of the time-honored farming ethic of making do with what's available.
The new buildings are more modern.
In the new, hurricane-resistant, 80-by-60-foot buildings, both designed by Brown, students will sit on elevated bleachers positioned at a safe, comfortable working distance from the animal pen. They'll all be able to see readouts of animal weights and other vital measures and watch visiting veterinarians and technicians perform ultrasound examinations and other procedures. Students will get to try their hands at some procedures, too.
The new setup also will allow students to get a better view of demonstrated farm techniques, such as cleaning a horse's hoof. The buildings' working spaces will be better lit, computerized and will offer better air circulation and drainage.
Each center will have a sandy floor area that can be configured, as needed, as a corral for halter-trainings or small-scale dog and horse exhibitions. Each also will have two indoor horse stalls, an office, feed room, computer connections and restrooms for the students. Cattle pens will be built just outside the buildings.
The hogs will be quartered separately in other farm buildings on the campuses.
Building the new agriculture centers cost the Pasco County school district $75,000 each, funded with money from the Penny for Pasco sales tax, said Gail Stout, the district's director of career and technical education programs.
That money only covered the shells, roofs and concrete floors for the buildings, however. School maintenance crews will finish the interior work.
In true agricultural fashion, former students, area families and farmers have donated supplies, such as fencing. Gore's Dairy, which shut down last month and has been dismantling its own barns in Zephyrhills, donated some of its recycled curved metal framing to Zephyrhills High School for its new hog pens.
Students have been working, too.
At Zephyrhills High School, which is a bit further along in construction than Pasco High, Brown has students sawing wood, sinking posts and erecting fence boards for the new cattle pens. Because some students are interested in construction and welding, the work offers a chance for teens to gain practical experience in a supervised setting, Brown said.
"It's the hands-on doing these kinds of students love," Brown said.
At Pasco High, the new barn so far is being used only for storage of equipment and giant rolls of hay for the animals.
But the new building already is a hit with students. DeLage said she loves running down there with her friends whenever they get the chance.
"We jump up on the hay bales and have fun," she said.
Communities fight march of mansions in historic districts
DELRAY BEACH, Fla. (AP) -- Livia Landry likes life the way it is in this quaint tree-lined neighborhood a few blocks from downtown - front porches with wind chimes and potted plants jutting out into sunshine-filled, perfectly groomed green yards.
Young mothers push sporty three-wheeled strollers up sidewalks past century-old homes, chatting with neighbors about the day's events.
Lately, talk has turned to history as this seaside city confronts a growing national trend, the "tear-down phenomenon," with wealthy buyers replacing turn-of-the-century bungalows on tiny lots with so-called McMansions.
Plainly put, it's out with the old and in with the new.
Communities across the country are grappling with the issue in a mad dash to save character. From Delaware to Georgia to California and Florida, historic homes are being demolished and replaced with 6,000-square-foot palatial properties.
"With these homes, there's no green space. They're building on the entire lot," Landry said. "They'll change the whole vision and character. Once you wipe out history, you don't get it back."
Landry, who lives in Del-Ida Park Historic District, the city's oldest planned subdivision, is fighting a neighbor's proposal to dwarf her 1,200-square-foot bungalow with a 4,200 square-foot home.
Officials in this city about 30 miles north of Fort Lauderdale have proposed a six-month halt to construction in five historic neighborhoods, a move that would temporarily end the march of mansions and could limit home sizes to 2,000 square feet.
City Manager David Harden, who proposed the moratorium, lives on the edge of Del-Ida and sees the demolition daily.
"Delray Beach has a strong sense of community and a sense of place, and I think part of that is rooted in these historic structures," Harden said. "It's one of the things that distinguishes us from our neighbors that are much newer cities. But we could easily lose all that."
Developer Mitch Kass, of Fort-Lauderdale-based Glenn Wright Homes, defends the construction. He is building a dozen houses, some nearly 4,000 square feet, in a neighborhood next to one of Delray Beach's historic neighborhoods.
"We're doing a regentrification of the housing stock. We're not destroying the Everglades here," Kass said. "We're regentrifying what's outdated. It's just a different viewpoint. People want to move into urban areas and we're providing for that."
Historic homes often have prime locations near city centers, making them attractive to wealthy buyers and developers intent on snapping up scarce urban land. But some believe America is at risk of losing its sense of community and even affordable housing.
"Most of these new houses are more internally organized. You see the driveway and garage doors from the street, not people," said Adrian Fine of the National Trust for Historic Preservation. "We're losing mixed income neighborhoods because the prices are going up so much that it becomes one class."
Even so, issuing moratoriums can stir a political firestorm.
"It's a tough sell because new construction brings in more tax base," Fine said.
In Atlanta, the City Council last month rejected by an 11-3 vote a proposed 120-day ban on construction of McMansions in five neighborhoods.
"You would have thought it was the second burning of Atlanta," said Councilwoman Mary Norwood, who drafted the plan. She said the Atlanta Board of Realtors mounted a massive campaign to defeat the measure.
Last year, leaders in Arlington County, Va., outside Washington, D.C., prevailed in their efforts to curtail the tear-downs, adopting limits on home sizes that, in most cases, means a house alone can occupy just 30 percent of a lot.
Officials in Lewes, Del., the state's oldest town dating to 1631, also recognized the rash of demolitions in historic neighborhoods and instituted a design review process for construction projects.
The trend is also being seen in more contemporary neighborhoods. In the hills of Alamo, Calif., about 30 miles east of San Francisco, residents of the tony Bryan Ranch community beat back plans last year by PeopleSoft Inc. founder David Duffield to build a 72,000-square-foot home (by comparison, the White House is a mere 55,000 square feet).
Delray Beach Mayor Jeff Perlman recognizes the problem but says he can only do so much without community support.
"People say, 'Yes, we want to live in a charming neighborhood but I don't want to limit my development potential,'" Perlman said. "What we're trying to save here is a lifestyle."
The average size of homes in the United States has grown steadily in the past 20 years, from 1,905 square feet in 1987 to 2,349 square feet in 2004, according to the National Association of Home Builders.
And as cities fight sprawl and commuters tire of traffic, more people are moving into urban centers.
"Governments need to weigh the pros and cons and think about what is for the greater good of the city, protecting aesthetics or promoting revitalization and economic growth in the inner city," said Ed Tombari, an NAHB land-use planner. The group opposes any new zoning restrictions, regardless of the neighborhood.
Robert Lang, director of the Metropolitan Institute at Virginia Tech, which tracks urban growth trends, scoffed at the notion that mansionization means a loss of community.
"All the research shows that sense of community is not driven by the design of the structure but by demographics," he said. "It's all fallen away since the inventions of telecommunications and the automobile."
While Lang agreed that historic neighborhoods need to enact limits to preserve character, residents must understand that "things change."
"If they (cities) don't capture some of the new wealth ... they run the risk of becoming a sink hole, where they don't have options for added revenue growth."
End advance
Orlando Sentinel FRIDAY FORUM
All about money
March 10, 2006
I think everyone would agree that growth for a community is good up to a point. But let's take a look at what has been going on in the Central Florida area. Our so-called city and county officials have done nothing but cave in to the desires of rich developers who rape the land, cause overcrowding in our schools, cause our roads to be clogged, cause our water supply to be in jeopardy, and this list can go on and on.
I think we should ask some serious questions: What is the future of the people in the area after the rape of the land is complete? How are we going to function with total gridlock on our streets and highways? What's going to happen when there is no water to drink?
Our current plight over growth is all about money, with no concern about the quality of life for us and our children. I have to ask: When is this greedy atrocity going to stop? Surely the powers that be aren't so stupid they can't see what they are doing to Central Florida. This whole growth thing smells of under-the-table land deals, kickbacks and other shady deals by local and state "officials."
Quite frankly, I'm ready to go back to where I came from nearly 30 years ago, when I came to what I thought was a paradise. I pray to God that the people responsible for this mess choke on the money they're making while ruining a beautiful area.
Thomas Bellaw
It ought to be illegal
March 10, 2006
Don't you just love the way politicians tout growth as being beneficial to the area because it broadens the tax base, then later come back and ask the citizens for more taxes to pay for all this growth?
But that's the least of the evils of growth. It destroys the environment, fills previously wild places with homes and condos, clogs the roads and overloads the schools. Now I read in the Sentinel that we are running out of water, as has already happened in some Western states. And still the local powers that be try to promote even more growth just to help their own pocketbook, without regard to the future of the area.
If I had my way, it would be illegal for a politician to either spend any taxpayers' money promoting growth or to offer any tax incentives to any company to move to the area. Growth may be great for the big landowners, developers and builders, and for the politicians who accept their political donations and other perks, but it stinks for the rest of us.
We should also increase the impact fees, not only to help pay for the impact on roads, schools, etc., but to help discourage growth.
Joseph Rhodes
ORLANDO
Stressed to collapse
March 10, 2006
Growth is inevitable. Controlled -- even limited -- growth can be beneficial if planned and in harmony with the wishes of the community affected and the infrastructure present. However, what we've seen is akin to an athlete abusing steroids. The muscles may grow, but the bones and cartilage -- the infrastructure -- do not. Like an athlete on steroids, uncontrolled, explosive growth stresses the infrastructure to the point of collapse.
The athlete can also suffer from mental and emotional side effects; uncontrolled growth leaves deserted, blighted urban areas, and brings the crime and social problems of the city to the rural countryside. Ask any longtime resident of Osceola County if the quality of life has improved as the county has exploded from a rural area to a suburb of Orlando.
Political leaders don't have the backbone to say no to developers. They spin a fairy tale that growth pays for itself when it pays only for past growth, creating an endless cycle that results in a government-sponsored pyramid scheme. The fact that we are running out of water, while our leaders keep asking for more water to support more growth, is a perfect example of this irresponsibility.
Developers scream about property rights, but what of the property rights of taxpaying citizens who have to deal with the unwanted and unsupported growth? Who is protecting our rights, our quality of life?
Patrick Bryan
GRANT
Lacking management
March 10, 2006
In Florida we've never had growth management, only growth accommodation.
Keep in mind the old classic riddle about the water weed growing uncontrolled over a pond. The weed (water hyacinth?) doubles in expanse each day. In 30 days it will completely cover the pond, killing all life below. Officials promise to take action when the weed covers half the pond. What day will that be? (Day 29)
Those who thrive on growth must envy such successful organisms as water weeds, tapeworms, diseases such as malaria and yellow fever, runaway foreign-plant diseases such as Dutch elm disease, and cancer. All continue to thrive despite our efforts. Unfortunately for them, all self-destruct when they kill the host that supports them. But their offspring go on and on.
We hear increasing complaints about our growth (traffic, future water shortages, loss of natural beauty and charm), but see few real actions to control growth, few effective plans, no leadership in high places, and no schedules.
Oh, yes, we will do something when the time comes. When? Are we at Day 27 (12.5 percent)? Day 28 (25 percent)? Day 29 (50 percent)?
Bill Partington
WINTER PARK
Management challenge
March 10, 2006
Sustainable and responsible growth must preserve the environmental features and quality of life that have made the region attractive enough to draw an inexhaustible supply of newcomers. Spacious, tree-lined suburban neighborhoods of single-family homes and less densely populated rural areas of lakes, springs, pasture and grove lands are arguably more valuable and attractive than the "attractions" that draw visiting tourists. Without them, Central Florida would be an endless urban sprawl of pavement, malls and high-rise condominiums, with treeless zero-lot-line gated communities and unbearable traffic gridlock, pollution and dwindling water supplies.
If we are to avoid that grim future, we must embrace a rational policy of growth management that creates and maintains a realistic and manageable population density figure per square mile for urban, suburban and rural areas. To continue to preserve any quality of life and an infrastructure that responsibly supports our population, we also must mandate a minimum ratio of green spaces in populated areas. Such spaces (which include not only parks but woodlands and wetlands within and outside city limits) serve as the liver and kidneys of our communal body. They filter and cleanse the air, soil and water of the noise and pollutants that accompany our presence.
If we're responsible stewards of this beautiful area, we absolutely must accept the challenge of growth management. It cannot be left in the hands of developers and politicians. It must be in the hands of coordinated, nonpartisan, qualified planning bodies, actively supported by every area church and civic organization.
Robert Carter
ALTAMONTE SPRINGS
Unhappy state
March 10, 2006
I am very unhappy about what is happening to my hometown. The exceptional quality of life that we have enjoyed here in Central Florida has long gone, and those feeling it most are those who have been here for a long time.
The absolute frustration of trying to get anywhere without fighting traffic and construction is what is driving the rise in road rage. And while I don't condone such action, I can understand how someone in absolute frustration can run a red light. Where are the people with vision to step up to the plate and stop the madness?
Shame on us for placing people in positions of power who have sold us out. While a small number of people have lined their pockets with the money that is pouring into Central Florida, the rest of us have paid the price by watching our beautiful hometown become an entangled snarl of traffic jams and hideous strip malls.
There have been heroes -- Vera Carter and Linda Chapin, for example -- who fought to preserve some aspect of our pristine environment, but their voices were long ago drowned out by the badgering of money-hungry developers and greedy politicians. If you want to protect what's left of our green space and quality of life, make a point of finding out who is contributing to the election campaigns of the people making decisions about your future.
After doing so, VOTE!
Margaret Dunn
ORLANDO
Building sprawl
March 10, 2006
I think that the destruction occurring in our region is an injustice of monumental import for future generations, as well as current residents. I believe it is morally reprehensible to continue to bury our gopher tortoises alive, to starve slowly, so that we can build more sprawling subdivisions. I believe it is morally reprehensible to continue to drive our indigenous animal, plant and bird species to extinction regionally so that we can build more sprawling subdivisions. I believe that it is morally reprehensible that we destroy each tree, each waterway, each vestige of green space, or wild and natural lands, so that we can build more sprawling subdivisions.
I believe that it is morally reprehensible that our leaders have not joined in a regional plan to protect our biodiversity but instead continue (with no joint planning) to build more sprawling subdivisions. I believe that it is wrongheaded to drive out agricultural pursuits, leaving us dependent upon imports, so that we can build more sprawling subdivisions.
I do not know what they teach in those backroom Bible classes, but the ones I attended taught we are to honor creation, protect its wonders and exercise stewardship, not wreak destruction so that we can build more sprawling subdivisions.
We need a strong regional plan implemented to protect our natural lands and open spaces. Until such time as we devise this, we need to stop building these sprawling subdivisions. The destruction of what once was a wondrous and diverse area is irrevocable, irreversible and inestimably sad.
Barbara A. Eagan
Orlando
The growth equation
March 10, 2006
To determine whether growth is good or bad, one must understand and solve the "growth equation," which is not unlike any other equation in that it has positive and negative sides. To be considered good, the equation must balance so that growth does not become an albatross around the necks of local government and its citizens.
The positive aspects of growth are readily apparent. It manifests itself in increased employment opportunities, a more affluent community, and local businesses expand creating a warm and fuzzy sensation as every facet of the local economy prospers.
The negative aspects of growth are just as apparent, caused by a combination of population growth, urban sprawl and overdependence on the automobile for individual mobility, all of which are manifested in traffic congestion; overcrowded schools; overcrowded courts and criminal-justice facilities; irreparable damage to the natural environment, including flooding and stormwater problems; inadequate parks and recreational facilities; and depletion of our natural resources, i.e. water.
These adverse impacts and our failure as a community to correct them are what throw the growth equation out of balance, thereby giving credence to the charge that growth is bad. I believe the community will continue to grow. The more prudent question is: "How will we grow?"
The preservation and purchase of environmentally sensitive lands should be of prime importance to the citizens of Orange County. A solution would be to pass the half-cent local-option sales tax and use the revenues for that purpose.
Lou Treadway
ORLANDO
Property rights
March 10, 2006
Growth is not good or bad. Growth is a fact. While other places have witnessed negative (declining) population changes, Central Florida has experienced positive growth for more than 100 years.
Growth brings a mixed bag of opportunities and emotions, a blend of excitement of the new and nostalgic longing for the old. Our natural, protective instincts make us apprehensive of change.
However, every one of us was at one point a new addition to Central Florida. Whether you arrived by birth, job relocation or personal choice, every newcomer has had equal impact.
Frequently, those protesting growth are protesting changes in adjacent land uses or lost views of vacant land. Rather than restricting the rights of landowners, we should recognize all land use represents natural change. If there is merit to purchasing additional vacant lands -- over and above the thousands of acres currently held in public hands -- all taxpayers should contribute equally toward this collective public benefit instead of trampling individual owners' rights.
It is unfair to penalize anyone for desiring to live and work in one of the most magical places in the world and to create policies that place additional restrictions upon the inherent rights of any citizen to own and enjoy private property.
If you don't like growth, there are other areas of Florida with stable or declining populations. We have planes, trains and buses leaving Central Florida every day, and, thankfully, in America, every citizen still has the right to relocate.
Carol Saviak
Executive Director
Coalition for Property Rights
ORLANDO
Creed of greed
March 10, 2006
Once again, we are being warned that our aquifer has limits. That means that it can no longer support unlimited growth and still produce enough water to maintain not only fragile aquatic ecosystems, but also the very bodies of water many people move here to enjoy.
But, the creed of greed continues like a bad dream. Even our public officials are so shortsighted as to pretend to believe that growth without limits is good for us. They ignore that the extra infrastructure costs and environmental damages exceed any tax revenue or impact fees, and that the natural beauty we all want to enjoy is slowly disappearing with each new big development.
Our quality of life is deteriorating before our eyes with horribly crowded roads and schools, and ugly urban sprawl, and yet the majority of us sit back, either feeling powerless or simply not caring. Do we need to put a wall around Florida with a KEEP OUT sign?
I think not. There are lots of smart-growth studies and solutions that could help our situation, but these do either cost some money or are simply dismissed as being unprofitable. Maybe we should be honest and admit the feeding trough of real-estate dreams is running out?
Either we re-evaluate NOW what kind of place we want Florida to be and take action, or we have no right to complain when it becomes a place no one wants to live
Brad Willis
CASSELBERRY
Planners frown on development at lime rock mine
By MOLLY MOORHEAD, Times Staff WriterZephyrhills and county officials oppose a 1,000-home project near the Chancey Road truck bypass and the airport.
Published March 23, 2006
ZEPHYRHILLS - It comes down to compatibility.
City officials say early sketches of more than 1,000 homes planned for what is now a lime rock mine no doubt show a classy community with lakes and lots of green space.
But they say the proposed Zephyrmere development doesn't fit in its neighborhood, the Chancey Road truck bypass near the city-owned airport.
"I don't think the city or the county are negative about residential growth," city planner Todd Vande Berg said Wednesday. "But we've gotten to the point where we need to take a closer look."
Vande Berg, along with other city department heads, met Wednesday with developers and representatives of Yonkers Contracting Co., which owns the Plaza Materials mine at Chancey and Yonkers Boulevard.
Vande Berg reviewed the application for annexing and changing the land use designation of the nearly 800-acre mine. He recommended denial.
He stood by that position Tuesday, with the backing of most other city staffers and Pasco County's top planner.
Sam Steffey, Pasco's growth management administrator, said the county wants to see industrial growth happen along the Chancey Road corridor.
"We lose a high percentage of our residents in the morning going south just to work," Steffey said, adding that areas near airports should be preserved for industry.
Zephyrhills Municipal Airport, with its planned runway expansion and flourishing industrial park, remains a top priority to city officials - one they're willing to sacrifice other development for.
"It's a sleeping giant, and it's going to wake up eventually," City Manager Steve Spina said. "I don't want to mess with that."
Tammy Vrana, a consultant hired by the city, said residential complaints often are a "huge impediment" to industrial growth.
She said if homes are built near the airport and along a busy truck route, homeowners will inevitably complain about noise and traffic, ultimately discouraging more businesses from coming to the area.
But John Kolaya, vice president of Yonkers Contracting, said Zephyrmere has many elements to be a draw for both businesses and residents. He said people will want to live close to where they work.
"We still think that the unique attributes of the site are enough to overcome some of the compatibility issues," Kolaya said.
Vande Berg and Steffey both suggested the idea of an office park, but Kolaya said a survey showed the area wouldn't support it.
The meeting ended with no clear resolution. Kolaya must decide whether to proceed with his application as is, which would next go to the city's Planning Commission for a vote. Or he may decide to revise his proposal.
"There's a lot of things that we can do to modify and change the use of the land," he said.
Molly Moorhead can be reached at 352 521-6521 or toll-free 1-800-333-7505, ext. 6521. Her e-mail address is moorhead@sptimes.com
[Last modified March 23, 2006, 02:15:42]Lakeside Houses Get Cold Response
Published: Mar 23, 2006
ZEPHYRHILLS - Zephyrmere, the proposed thousand-home lakefront development along Chancey Road, so far has failed to curry needed support from city officials.
Wednesday morning, the city's site plan review committee - one of the first groups that reviews formal development plans - criticized the ambitious residential project.
Developers have sold Zephyrmere as a "world-class" community in an area that hasn't been quick to embrace industrial development.
But to the city planner, the project - and its residents - would clog Chancey and inhibit the growth of the nearby city airport.
"You folks have tried to make a beautiful project," said Todd Vande Berg, the city's director of development services. "The bottom line, after thorough review of it, is that you've got some major obstacles."
The site plan review committee, which is made up of city department heads, won't make the final decision about whether to approve the project. The final say rests with the city council, which could review the project later this year.
But for a city that has been green-lighting projects amid the area's record growth, saying "no" to a developer seemed like a significant step.
The attorney for Yonkers Contracting, the company that owns the rock mine where Zephyrmere would be built, said project engineers would regroup and come back with a modified plan that might sit better with city officials.
"We're going to address as many issues as we possibly can," attorney Ron Weaver said.
When the owners of the limerock mine first approached the city last year about annexing into the city, closing the mine and building a 1,080-home community, city and county officials said they wanted to preserve the land for industrial use.
Wednesday, city officials questioned whether Zephyrmere would be compatible with the rest of the area, especially with the nearby city airport. Future residents invariably would complain about the noise of small planes flying overhead, city officials warned.
"We've been saying this forever: We're a sleeping giant," City Manager Steve Spina said of the airport. "One day it's going to wake up. We're almost at the cusp of that."
Representatives from the rock mine said none of the houses would be built within a buffer zone around the airport and that future homeowners would be told about its proximity.
Weaver said the development would not be that far from existing residential communities as well as a new subdivision, Hidden River, the city recently approved.
Mayor Cliff McDuffie asked why the city didn't raise so many questions about Hidden River or the hundreds of apartments to be built on top of Rucks Dairy. Both projects sit on the south end of the city, relatively close to the airport.
Spina and Vande Berg acknowledged that the city may have erred in approving some recent projects in the area.
"I just don't think we should compound what we've already done wrong," Spina said.
Rural Land Change Backed
BROOKSVILLE - Hernando County's restriction of allowing no more than one home on every 10 acres of rural land could see some changes.
Commissioners voted 4-1 Tuesday to ask the Florida Department of Community Affairs to allow the county to change its Comprehensive Plan to loosen the rule.
Commissioners are asking that the department allow residential clustering on rural land.
That would allow builders to set homes much closer together as long as other land in the development is left in its natural state.
Along with the request for the change, commissioners sent the department a landowner's request that the new criteria for clustering be applied to his 184 acres of County Road 491 in northwest Hernando County.
Property owner Gary Schraut, of Stardust LLC, and Planning Director Larry Jennings assembled nine criteria for the 10-acre rule to be reduced.
Jennings said Schraut met most of those requirements.
Schraut would put aside at least 50 percent of the land for no development and would keep wooded areas in their natural state.
Surrounding land also remains undeveloped, and a portion of state forest is nestled next to the proposed project.
Commissioners said that instead of 10-acre lots, Schraut should be allowed to build homes on 2.3-acre lots, with much of the 184 acres left undeveloped.
Commissioner Diane Rowden voted against the proposal, saying she wanted more time to study such a Comprehensive Plan change and wanted more public input.
But Planning and Zoning Commissioner Anthony Palmeri said the clustering should be allowed.
As Hernando County's population grows, fewer people will want large 10-acre lots, he said.
The 184 acres is zoned for mining use. Rezoning the property back to rural land and then allowing rural clustering at the site would accommodate the demand for lots in rural areas smaller than 10 acres, Palmeri said.
Schraut said much larger proposed developments in the area will help pay for the necessary future infrastructure nearby, such as emergency services.
Community activist Janey Baldwin warned that soon after residents move into the development, they will head to the commission asking for better law enforcement and school services in their remote community.
In the end, she said, "taxpayers will pay because the developer will be long gone."
Deny Request For Intense Rural Growth
Published: Mar 22, 2006
In an effort to build more houses than current rules allow, a developer who wants to build a subdivision on Two Rivers Ranch in northeastern Hillsborough County is asking the county to create a loophole - a new land-use category.
When the Hillsborough County Commission considers the change today, it should heed the advice of the City-County Planning Commission and just say no.
The developer wants to build 968 homes on the old Florida ranch rather than the 210 units that zoning would now allow. Instead of one home per five acres, Hickory Hill and Brown Hammock, LTD, wants to build one home on every two acres. That is too much density for a rural site.
The suggested new designation, called "planned environmental community," would make sense only if it included much stronger safeguards for the environment. But the enhancements proposed by the developer would do little, if any, environmental good.
One proposal would keep the developer from building within 33 feet of a wetland. Current rules require 30 feet. Three more feet of backyard grass would do little to preserve wetlands in a part of the county that gives rise to much of Tampa's drinking water.
The tract also is well outside the county's urban services area, a region targeted for growth so that the county can accurately budget to provide future services. Allowing dense development to leapfrog the urban services area - which planners say has enough available land for 20 years of growth - would undermine the purpose of the growth boundary.
Additionally, traffic from the project would use U.S. 301, which Hillsborough County says is at "an unacceptable level of service."
If the commissioners are serious about managing growth, they will reject this novel attempt to circumvent growth rules.
Environmental Fines Decline With Interest
Published: Mar 22, 2006
TALLAHASSEE - As issues go, protecting wildlife, planning growth, and keeping the air and water clean may be the orphans of the Florida Legislature.
The environment has seldom ranked as any lawmaker's No. 1 priority, but in a prosperous era of high employment and record budget surpluses, green means a green light for development.
One bill under consideration, for example, would limit the ability of local governments to control growth - even as they struggle to pay for the services it requires.
A study issued today reports a decline of 19 percent in penalties issued by the agency that carries out policy that is set with the guidance of Florida's legislators.
"It seems as if there are not that many that are focused on environmental issues," said Lakeland Sen. Paula Dockery, a Republican who guided a rare compromise on clean water during the 2005 legislative session.
"We spend more time opposing bad bills now than we did in the past," said Eric Draper, policy director for Audubon of Florida. "The Legislature is awful compared to what it used to be."
To many in the business community, Florida and its Department of Environmental Protection are headed in the right direction.
"I'm a big supporter of DEP - they are very reasonable. At least now they're trying so hard to work with us," said Keyna Cory, a lobbyist for Associated Industries of Florida.
The decline in DEP penalties is part of a trend reported by Public Employees for Environmental Responsibility, known as PEER, a watchdog group of former and current government workers. The report also said few cases in the areas of hazardous waste, industrial waste and asbestos enforcement were referred to agency attorneys for prosecution.
"In Florida I think we sort of lack a vision of where we want to be in 10, 15 years," said Carol Browner, Florida's top environmental official from 1991 to 1993 before leaving to head the U.S. Environmental Protection Agency for eight years.
"The danger," Browner said, "is we're giving away things today that could be very important tomorrow."
Playing Politics With Nature
More people moved to Florida than any other state last year, so environmental challenges seem destined to get more complex. At the same time, key measures of enforcement are headed in the other direction.
In 1992, the state assessed a record $17.2 million in environmental fines, according to PEER.
Toward the end of Gov. Lawton Chiles' administration, DEP's yearly fines had plunged to $2.1 million.
The figure rebounded to $7.6 million during Gov. Jeb Bush's first year in office, then rose to more than $10 million in 2003. Last year, the figure was $7.8 million. Adjusted for inflation that's about a third of the 1992 level.
"Pollution enforcement by the state of Florida has gotten just plain pitiful," said Jerry Phillips, director of PEER and a former DEP enforcement attorney. "Since DEP funds its inspections out of fine revenue, the situation will only worsen because the state will have even less money for enforcement next year."
DEP case reports - the most serious recommendation for court action - have dropped from a high of 128 in 2000 to 49 in 2005. That's the lowest number since 1995.
Yet as enforcement has waned, one House bill that has passed a committee seeks to further weaken DEP's permitting process for development. Legislators seemed unmoved by the fact that DEP officials said HB 261 was unnecessary and unwise.
Another bill, SB 1020, would weaken local government authority to regulate large-scale developments of regional impact. SB 1880 would speed up the development process for agricultural land, in part by limiting the input local government could have.
Such bills discourage the people who work for DEP, Draper said. "Why would you want to work for DEP if you've got such a hostile Legislature?" he asked. "Weaken enforcement" is the message that politicians are sending with such bills, he said.
Draper notes there are some positive trends, such as Bush's strong support for buying green space and his willingness to stop some of the worst environmental bills that come out of the Legislature.
Problems Behind The Scenes
To many in the business community, the volume of environmental regulations is still too cumbersome and slow.
"It takes sometimes nine months to a year to get a simple permit out of DEP," said Cory of Associated Industries, who gives state environmental officials a generally positive grade and supports tough action on serious offenders.
"Are there some bad actors? Of course. And we would love to see DEP shut every single one of them down," she said.
Sierra Club lobbyist Susie Caplowe sees a different story playing out behind the scenes.
When there are battles, people in state agencies "are being smacked on the hands," Caplowe said. "A lot of the good people are just having to hide, or even leave" such gatekeeper positions.
Browner, who now works in a Washington consulting firm with former Secretary of State Madeleine Albright, said, "The bad thing about inattentiveness is you send a message out to the good actors - you don't really need to be good."
DEP spokeswoman Sarah Williams said mixing traditional enforcement programs with innovative compliance assistance and pollution prevention programs is leading to better protection. Fines aren't the only way to measure success.
"Our focus remains on compliance and providing Florida's environment with the best protection and the best use of taxpayer dollars," Williams said.
Draper noted that environmentalists have struggled on some issues when people who are theoretically on the same side fall out. Recreational fishing groups have consistently pushed for restrictions on commercial fishing and for some clean-water bills, but on efforts to protect manatees the marine industry balked.
The basic issue seemed to be "we're in a hurry to go fishing," Draper said, and thus resistance to restrictions that would force power boaters to slow down. According to the Florida Fish and Wildlife Conservation Commission, "many of the manatees living in Florida's waterways bear the scars of collisions with boats. In addition to propeller scars, internal injuries such as broken bones, head trauma and blood clots are associated with impacts."
Conflict Resolution
Amid all the gloomy predictions, there's an optimistic and simple thread in Florida and elsewhere.
State Sen. Dockery said that the highlight of her political career was seeing agricultural, environmental and business groups come together to support a clean-water bill last year.
"It started off ugly," she said. "They didn't want to see that they had anything in common."
Dockery set what appeared to be an absurd ground rule: All the special interests had to agree to a final version of bill 444, or she wouldn't go forward. After a series of packed and contentious community meetings, Dockery and many others were surprised to find that the warring parties had reached a deal.
"When you're sitting down across the table from someone you cannot demonize them as easily," said Linda Bingham, director of the Conflict Resolution Institute at Indiana University. "Once people sit down and start exchanging views, the way that they characterize the dispute begins to change."
Browner saw that play out years ago when Florida officials had a dispute with the Walt Disney Co. over wetlands.
They all sat in a room and searched for ways to reduce the impact of the development, she said. Then "some of the lead engineers and developers for Disney and I walked the property. I don't think some of the executives had been out there. We saw some wildlife; it changed their view."
Browner noted that sometimes it isn't possible to find people of goodwill to sit down together. But she said that in the long run, such agreements are better - and cheaper - for business, too.
I-75 Widening Kicks Off Years Of Roadwork
Published: Mar 22, 2006
WESLEY CHAPEL - The Department of Transportation has begun a yearlong project to widen Interstate 75 in southern Pasco County.
The $8.2 million project will add a lane to the southbound side of the interstate between State Road 56 and the junction with I-275, said Kris Carson, spokeswoman for the DOT's Tampa office.
The project also includes:
•Repaving both sides of the interstate for the stretch that includes the new lane.
•Adding a high-tension cable barrier to the median of I-275 between Bearss Avenue in Hillsborough County and the junction with I-75.
•Digging a storm runoff retention pond between the interstate and Cypress Creek just north of County Line Road.
The work will result in lane closures from 9:30 p.m. to 5:30 a.m. going north and from 8:30 p.m. to 4:30 a.m. going south.
The widening, which is set to finish in early 2007, is beginning of the DOT's multimillion-dollar plan to begin widening I-75 to six lanes in Pasco County in the next five years.
The widening includes reconstructing the bridges that carry the interstate over County Road 54 in Wesley Chapel. That work is slated to begin in late 2007 and take two years.
The DOT's five-year plan budgets $16.5 million for buying land along the interstate from S.R. 56 to C.R. 54 in 2008 and 2009. Construction would begin in 2010 or 2011 and cost $61 million - a figure that highway officials expect to increase with the price of road materials.
The DOT has budgeted $48.6 million to buy land between C.R. 54 and S.R. 52 in 2009 and 2010. Construction would begin after 2011.
On average, 64,500 cars pass between S.R. 56 and the junction of I-75 and I-275 every day, according to DOT traffic counts. Traffic through that stretch of highway has more than tripled since the mid-1990s as development as turned Pasco's rural lands into Tampa's suburbs.
The roadwork will coincide with years of intense development in central Pasco, with developers planning a regional mall complex, two large shopping centers, office parks and thousands of houses within a mile or two of the interstate.
For County Commissioner Pat Mulieri, who sits on the committee that guides Pasco's transportation policy, it's about changing the county's image as a bedroom community by bringing people north to shop and work.
"We can't just keep sending people out," Mulieri said. "Hopefully, we can keep them here."
Study Predicts Future For State's Citrus
Published: Mar 22, 2006
LAKELAND - The Florida citrus industry could shrink by nearly half if worst-case scenarios on disease damage and high land prices are realized, according to a University of Florida report.
The industry would survive, but average annual orange production would stabilize at 123 million boxes during the next 15 years - down 44 percent from the average 220 million boxes produced annually between 1994 and 2004, according to the most pessimistic scenario in a recent report. It assumes a high number of trees lost to greening and canker, two bacterial diseases that affect citrus, and skyrocketing land prices.
The more likely outcome, however, is a 152 million-box average after the 15-year period, with more moderate effects from canker and greening.
"One of the things I got from this analysis is there's a lot of resiliency in the citrus industry," said lead researcher Tom Spreen, chairman of the university's Food and Resource Economics Department.
The study looked at 11 economic scenarios, including a base projection assuming no effects from canker, greening and land pressures. That projected an orange crop of 204 million boxes in the 2020-21 season.
The study also showed continued low production for grapefruit, the crop that suffered the biggest losses from recent hurricanes. Grapefruit production averaged 48.6 million boxes in the decade that ended with the 2003-04 season. That figure fell to 12.8 million boxes last year and is projected at 17 million boxes this season.
The most likely scenario had grapefruit rising to 20 million boxes in 2020-21. The most pessimistic scenario projected 18 million boxes.
Coming up next: 5,000 homes in Waterset project
By MICHAEL VAN SICKLER, Times Staff WriterPublished March 17, 2006
Arguably, no person has done more to shape Hillsborough's suburban landscape than Don Whyte, head of southeast operations for Newland Communities.
Before he joined Newland, Whyte helped develop Tampa Palms, the county's first subdivision to be financed by a community development district. In the 1990s, he helped develop a large subdivision in Lithia called FishHawk Ranch with its 4,500 homes. The rest is history for southern Hillsborough.
Next, Whyte and Newland moved west, setting their sights on Apollo Beach, developing the 1,350-home Covington Park subdivision and the exclusive Mirabay with 1,750 homes with prices ranging as high as $5-million. Next up is Whyte's biggest foray in Hillsborough yet: the 5,000-home Waterset project between Big Bend Road and State Road 674, west of Interstate 75.
Whyte sat down recently to chat with the Times in his Brandon office off Falkenburg Road.
So, how's business?
In Hillsborough County, certainly the development business has been very strong over the last three to five years. I've been in some pretty strong markets, where every house is sold by lottery. I haven't been in a market where it's been this strong for so long. The last time things were slow in this market were the early '90s.
You have about 1,000 homes left to build in FishHawk. Looking back on what many consider the most important subdivision in county history, what do you think is its legacy?
That it delivered on every promise it made. We took a programming of amenities and community events to a higher level. A full-time staff. People want a community where they can connect with others.
What's wrong with the traffic around FishHawk?
What happens is there are a lot of other projects. The crime isn't the big development. ... There's a lot of development that occurs where they just pay their impact fees. They could be right next door to a community.
So the congestion on FishHawk Boulevard and Bell Shoals isn't caused by FishHawk?
It's not caused by any specific community. It's caused by growth in general. Counties have to step up and take responsibility for providing that infrastructure. We can only mitigate the impact from the project we're developing. I lay claim to having done that in terms of FishHawk Ranch. Bear in mind that the approval burden of this project was so much infrastructure that it took five years to get it started.
Tell us about Waterset.
It's not as big as Bexley Ranch in Pasco, which is 7,000 homes. What's interesting is that it fills a void in the sense that it allows us to do a master-planned community on Big Bend Road, and connects Covington Park to Mirabay.
Is this a neotraditional community?
We don't use the term neotraditional as much as we use the term street-loaded and alley-loaded. There will be areas with higher density and alley-loaded, and areas that will be more conventional single-family loaded. By alley loaded, the car accesses the lot through an alley. Some prefer to have houses closer to the street, and that customer will be taken care of. Another guy says, "I want my back yard to be private. I don't want people driving back there." So there will be that kind of house, too. We're envisioning a variety of architectural styles.
What styles?
Mediterranean. We're trying to create a community that looks more distinctively like it's happened over time, that it's authentic. If you drive around Hyde Park, many people are pleased with the architectural look. Well, we can't label it one type of architecture because there's a variety. What is consistent is that the ones we like all look different and they're executed well. It will look like it happened over time, in a comfortable way. They won't look cookie cutter.
How do you plan to connect Big Bend Road to State Road 674?
You can put in a six-lane highway there, but as we all know, if you came upon that on your bicycle, that poses some incredible obstacle. On the other hand, if you have three two-lane roads, the capacity is actually more, it's less intimidating for people to walk by, and the appearance is a lot softer on the landscape. The concept we have is build more connections by building lanes that aren't all in one spot.
You were on the schools task force to tackle school crowding. The task force made a number of recommendations, such as raising impact fees for new school construction. The county decided to wait. Do you think that was a good decision?
I'm disappointed they did that. I thought there was enough information to warrant making changes immediately.
Which changes in particular?
I believe impact fees are lower than they should be.
If schools are as important as you say, why do you sell land for high schools, rather than just give it away?
Generally, elementary and middle schools are seen as a tremendous advantage in the community. High schools, though, are seen as a significant negative impact on the community. They become traffic obstacles almost. If I asked you if you wanted an elementary school down from your house, you'd probably say, "I'd love it. See all the bicycles in the racks. That's a big plus."
How do you encourage development be priced so people in the lower-income brackets can afford it?
You use rewards ...
Such as?
Density breaks. There's a county task force working on this right now. The idea is if you induce people to do it, it'll happen. If you mandate it, then what you're saying is: We shouldn't tax all of us to solve this problem. We should make that landowner who has paid taxes for 20 years on that property buy it all and accept the full responsibility.
Hurricane season is coming. If one hits Hillsborough, how prepared are the communities you have helped develop?
We do have procedures incorporated into the documents, and Mirabay is built 10 feet above sea level, which is what's required. The development that has occurred has created more roads that will allow people to get around if a hurricane ever came. There's more public buildings like schools that tend to be shelters, and they'll be easier to get to.
If a hurricane were to hit, what would that do to the market?
I think people are drawn to the water like magnets. It will always be a special place.
How much longer can this boom last?
I don't like the word boom. That suggests a single driver that caused the spike to happen. What I've seen is a slow steady increase. I think our salespeople have forgotten how to sell in some cases because they've been able to take orders. What I'd like to see is salespeople having to work a little harder now and listen to what a customer needs.
[Last modified March 16, 2006, 14:09:34]Developer seeks new zoning to build 67 houses in Ruskin
By ANDREW MEAHCAMA look at what's happening.
Published March 17, 2006
RUSKIN: To SWW Inc., the south end of Ruskin by the lazy Little Manatee River must seem an ideal location.
Heading into Tuesday's meeting with the zoning hearing master, the property owner was asking to rezone 15 acres of agricultural land to a planned development.
The developer wanted to build 67 houses on the southwest corner of SW Seventh Street and SW 24th Avenue, with lot sizes ranging from 7,000 to 8,500 square feet.
The application has sparked resistance from residents who argue that development along the river could harm wildlife and the area's ecology. It goes to the County Commission on April 25. PETITION 05-0645
BRANDON: A golf driving range and batting cage could give way to 199 unspecified multifamily units, either condominiums or townhomes, west of S Kings Avenue and north of Lumsden Road.
D.R. Horton Homes is seeking a major modification for the 16 acres owned by Ace Range Incorporated, zoned as a planned development for office space. The driving range is classified as an interim use.
The proposed Kings Crossings calls for buildings no higher than three stories to be completed by the end of 2007. The modification request goes to a zoning hearing master May 1 and to the County Commission on June 15. (PETITION 06-0696)
SEFFNER: Richard Gonzalez has asked the county to rezone less than 2 acres east of Parsons Avenue and south of Valley Grove Drive, from agricultural to "residential duplex." He is also seeking an exception to the county's land use map.
The land use map regulates how much density is allowed. The property where Gonzalez wants to build allows four units per acre. But a property 500 feet to the east allows nine units per acre.
The county sometimes allows landowners to stretch, or "flex," adjacent land use borders if the new uses are considered compatible with the surrounding property.
Gonzalez wants to build 10 duplex units on the site. A zoning hearing master has recommended approval of his rezoning request, which goes before county commissioners on April 11. (PETITION 06-0302)
RUSKIN: A developer wanted to convert a public easement for private use for three houses south of Shell Point Road between 14th and 15th streets NW. Pittway Plaza Associates, a Clearwater company, has filed a variance request to designate the easement a private road.
One house built in 1955 sits on the property now. Pittway Plaza Associates wants to add two more.
The easement would not meet code requirements as a public road, and the developer is arguing that it cannot build on the property profitably and pay for a public road.
A land use hearing officer will hear the petition on March 24 and issue a recommendation by April 14. (PETITION 06-0426)
Andrew Meacham can be reached at 661-2431 or ameacham@sptimes.com
[Last modified March 17, 2006, 09:35:43]Governor Not In Favor Of Oil Pipeline
Published: Mar 22, 2006
Gov. Jeb Bush said Tuesday that he no longer favors a proposal for a petroleum pipeline through the Gulf of Mexico from Mississippi to Tampa, citing concerns about its economic impact on the shipping industry.
Tampa Port Director Richard Wainio and other local port interests also raised concerns about the impact on the port's economy if a pipeline were built and competed with petroleum shipping at Florida's leading petroleum port.
Colonial Pipeline Inc., of Alpharetta, Ga., proposed the pipeline to Bush and other state officials in preliminary talks last fall. The company, which built and operates an interstate petroleum pipeline from Texas to New Jersey, has not decided whether to file a formal project application, spokeswoman Susan Castiglione Baranski said Tuesday.
However, Bush said he developed some concerns about the concept once the details were explained to him since he met with Colonial officials about six months ago.
"I was fairly interested in the idea, but then I realized that in order for them to finance their pipeline, they would have had to take significant amounts of business away from barge traffic," Bush said at a Tallahassee news conference.
"So in essence we would be supplanting one source of supply, which actually has quite a bit of flexibility, with another source of supply that's dependent upon the Gulf Coast refineries, and it didn't meet the growing needs of our state."
The next step is up to Colonial. The company met district Florida Department of Environmental Protection officials in Tampa in October and November in preapplication meetings, DEP spokesman Anthony De Louise said.
"They let us know what they had in mind, and we are just waiting for them," he said.
Colonial has not determined whether the project would be viable from a business standpoint, Baranski said.
"I cannot tell you whether this project will have enough substance to be good for Florida and Colonial," she said. "Whether or not it makes sense is still very much undecided."
She said there is no timetable for a decision. The company also has not determined the path for such a pipeline, although Baranski said it would likely run from Pascagoula, Miss., to the Port of Tampa, where there is a pipeline to Orlando and trucking distribution terminals. If built, such a project would take more than two years, she said.
A petroleum pipeline would raise environmental, security and economic issues, local officials said, but it would not sit alone in the Gulf of Mexico.
Gulfstream Natural Gas System LLC operates a natural gas pipeline that extends from Mobile, Ala., to a point near Port Manatee and continues to West Palm Beach.
However, a petroleum pipeline presents different issues, environmental experts said.
"An oil pipeline is subject to significant oil spills," said Mark Ferrulo, director of the Florida Public Interest Research Group in Tallahassee.
"Whether man-made or natural disasters, oil pipelines are extremely vulnerable," he said. "Hurricane Katrina turned pipelines into a bowl of spaghetti."
Colonial paid $34 million in civil penalties in 2003 to resolve charges involving 1.45 million gallons of oil spills in five states.
Security concerns affect all transportation modes, Colonial's Baranski said. From the company's standpoint, "pipelines are secure and they are safe," she said.
Port Director Wainio told port authority members Tuesday that the project could pose the potential loss of hundreds of local maritime industry jobs and millions of dollars in payrolls and port fees if the pipeline supplanted petroleum shipping traffic that uses the port. That traffic accounts for 40 percent of all vessels at the Port of Tampa, which in turn creates jobs at oil terminals and shipyards.
Tampa-based Maritrans Inc. is a key local company whose petroleum shipping operations and business could suffer from pipeline competition, Wainio said.
"We believe strongly that waterborne shipping provides distinct advantage over pipelines," said Jonathan Whitworth, chief executive officer of Maritrans.
Winery springs from blueberry plants
By HELEN ANNE TRAVISPublished March 17, 2006
An ugly blueberry is a terrible thing to waste.
That's what Plant City blueberry farmer Joey Keel decided two years ago. Each week he watched as hundreds of pounds of his crop were tossed into the trash. The berries weren't aesthetically up to selling standards, and were essentially garbage.
What is one to do with a ton of ugly berries?
"There's jam, jelly, and syrups, but I wanted to do something different," Keel said.
He decided to experiment with blueberry wine. His first batch was a concoction made in his kitchen.
"It was drinkable," he said.
Now Keel has perfected the science of blueberry wine and is dedicating acres of his land to the wine. He grows the berries, turns them into wine, and bottles them all on his 25-acre farm in Plant City. Without leaving his property, an ugly berry is turned into a 12-percent-alcohol beverage in a pretty blue bottle.
The winery was supposed to be open to the public in January, but it has been a long, uphill journey .
"Most of our obstacles have been over zoning and permitting," Keel said. "They tell us there's so much growth in Hillsborough County. The line is long."
All the waiting in line will be worth it. Keel has big plans for his winery.
"That's where the tasting room will go," he says, gesturing to a large mound of clay.
He points to the small wooden stakes that poke up from the ground.
"Those mark out where the deck will be," he says.
The 3,000-square-foot deck will be a site for weddings, bands and catered events. It will also be place for tasters to sip their blueberry wine. For now, a wood-paneled trailer - not a mobile home, but a mobile office - serves as the temporary tasting room. Shelves line the walls, displaying all 14 of the Keel & Curley Winery's wines. There's apple wine, strawberry wine, tangerine zinfandel and peach chardonnay.
"Our wild berry pinot noir won "best in show'' at the state fair this year," says Vickie Shearer, the winery's general manager. "All the blueberries are medal winners."
"And the peach, and the strawberry, and the apple," adds Keel as he eyes the shelves.
Blueberry plants line the path that leads from the temporary tasting room to the winery. Rented bees pollinate noisily but pay no mind to people passing by.
In the winery, Keel's partner, Chase Marden, cradles a bottle of the blueberry wine. He puts it in one machine, it's corked. He lays it on another machine, it's labeled.
"I really love the blueberry and want it to do well," said Marden.
Bottles of the blueberry wine range from $14.99 to $18.99 and come in three flavors: sweet, semisweet and dry. The best place to find the wine is in health food stores.
Keel says his wines are big with health buffs because of the benefits of blueberries, including improved memory and night vision, and a lower risk of cancer. Blueberry wine has more antioxidants than red wine, he says.
Guests can sample the wine in the temporary tasting room. For $3 they receive a taste and a complimentary glass. Keel hopes the winery will be open to the public in June.
Helen Anne Travis can be reached at 661-2439 or at htravis@sptimes.com.
[Last modified March 17, 2006, 09:49:21]America
for sale: Assets sell fast
WASHINGTON - The furor over efforts by an Arab company to buy
U.S. port operations has focused attention on a little noticed
economic fact of life: America increasingly is foreign-owned.
From the ritzy Essex House hotel in Manhattan, owned by the
Dubai Investment Group, to the nationwide chains of Caribou
Coffee and Church's Chicken, owned by another company serving
Arab investors, foreigners are buying bigger and bigger chunks
of the country.
The U.S. must borrow more than $2 billion per day from
foreigners to finance its huge trade deficits. In 2005, for
example, there was a record deficit of $805 billion in the
current account, the broadest measure of trade.
Foreigners sell their televisions, cars and oil to Americans and
hold dollars in return. Those dollars are invested in stocks,
bonds and other assets, including real estate and factories.
Foreigners already own half of the U.S. government's publicly
traded debt. As of January, some $2.19 trillion in Treasury
securities were in the hands of central banks, including China
and Japan, and private investors abroad.
At the end of 2004, the total foreign direct investment in this
country - actual factories, office buildings and other tangible
assets as opposed to stocks and bonds - came to $1.53 trillion,
8.2 percent more than in 2003. That investment shows up in all
of the 50 states.
In Oakland, Maine, it's a customer service center for T-Mobile
USA Inc., which is a subsidiary of German-based Deutsche Telekom.
In Glendale, Calif., it's the U.S. headquarters for Nestle, the
Swiss-based food and beverage company.
Arab investment has gotten the most scrutiny of late because of
the now-withdrawn bid by a Dubai-based company to buy operations
at six major U.S. ports. But statistics show that Arab
investments represent only a a fraction of the total direct
investment in the U.S. by foreigners.
European nations accounted for $977 billion, or two-thirds, of
the $1.53 trillion of foreign direct investment, according to
figures compiled by the Commerce Department.
By contrast, Arab countries in the Middle East accounted for
$9.3 billion, led by $4.7 billion in investment from Saudi
Arabia. The United Arab Emirates was second among Middle East
Arab countries with $1.8 billion in investments, according to
the data.
DP World of Dubai said last week it intends to sell its U.S.
operations to an American-owned company. But that has not
stopped some members of Congress from seeking to overhaul the
way such deals are reviewed by a secretive government panel.
A bill by the chairman of the House Armed Services Committee,
GOP Rep. Duncan Hunter of California, would bar foreign
ownership of U.S. infrastructure deemed critical to the national
security.
"To those who say this is protectionism, I say - America is
worth protecting," Hunter said.
Opponents say his proposal would mean the fire sale of billions
of dollars of assets now in foreign hands and end up hurting the
U.S. economy.
Consider that for more than a decade, French tire maker Michelin
has been the exclusive supplier of tires for NASA's space
shuttles. DSM, a Dutch company, makes body armor for U.S.
troops, while French-owned Sodexho provides meals for the troops
at a number of military installations.
Nearly one in five U.S. oil refineries is owned by foreign
companies. Foreign companies also have a sizable presence in
running power plants, chemical factories and water treatment
facilities in the United States.
"People don't understand how integrated the U.S. economy
has become with the global economy, how dependent we have become
on other nations," said Clyde Prestowitz, president of the
Economic Strategy Institute, a Washington think tank.
Some analysts believe such realities are getting lost as
politicians try to respond to growing anxiety about the trade
deficits, the loss of nearly 3 million manufacturing jobs since
mid-2000, immigration problems and the threat of more terrorist
attacks.
"We have to be very careful that we don't overreact in the
legislative process and enact economic policy masquerading as
national security policy," said Todd Malan, head of the
Organization for International Investment. The Washington group
represents foreign companies that do business in the United
States.
To the puzzlement of some economists, the current debate centers
on direct foreign investment, the most stable type of
investment. Yet the far larger share of foreign investment is in
Treasury securities, corporate bonds and stocks.
If foreigners suddenly decided to reduce their holdings of these
assets, the dollar could plunge in value, interest rates could
soar and stock prices could suffer a big blow.
David Wyss, chief economist at Standard & Poor's in New
York, cited the 51 percent share of foreign ownership of the
federal government's debt - and that share is rising.
"That strikes me as scary," Wyss said. "When you
make yourself so dependent on inflows of capital from the rest
of the world, the question is what happens if the inflows slow
down."
The amount of federal debt that must be financed each year is
climbing because of the budget deficits. On Thursday, Congress
acted to raise the debt ceiling - the amount the government can
borrow - by $781 billion, to nearly $9 trillion.
Alan Greenspan, the former Federal Reserve chairman, said last
year he believed market forces would lower the current account
deficit before there were serious disruptions to the economy.
A decline in the value of the dollar against other currencies,
including China's, would help by making U.S. goods more
competitive on overseas markets and imports more expensive and
thus less attractive for American consumers.
Falling global energy prices and stronger overseas economic
growth to boost demand for U.S. exports would also help.
"A lot of things will have to come together" to reduce
America's need for foreign capital, said Mark Zandi, chief
economist at Moody's Economy.com.
Blueberry Growers Quietly Prosper
Published: Mar 21, 2006
MASARYKTOWN - Eight years ago, Dan Ebbecke stopped at a roadside stand and bought a blueberry plant.
Soon, he filled an acre with blueberry plants. Then two.
Today, Ebbecke has more than 10 acres of plants, and he ships his berries across the United States as well as overseas to Europe and Japan.
Some of those first bushes are now taller than he is, and he must prune them regularly just so he can squeeze through the rows on his weekly rounds.
"I never really thought I'd be a blueberry farmer," the former boat captain said. "I believe there's a purpose for everything, I just didn't know mine was to grow blueberries."
Ebbecke's farm is one of eight commercial farms in Hernando County, according to 2002 statistics provided by the Department of Agriculture.
Although Ebbecke has been growing blueberries for eight years, the industry took hold in Hernando County only about four years ago, said Stacy Strickland, regional special extension agent for the agricultural extension office.
"Blueberries are kind of a new crop in this area," Strickland said. "It hasn't always been a blueberry place."
Blueberries, like most crops, require very specific weather conditions. Paul Lyrene, a University of Florida horticulture professor and blueberry specialist, has cultivated several hybrids that are compatible with Hernando's climate.
For years, there were berries that shipped well but didn't taste good, or vice versa, Ebbecke said. Finally, there are varieties that offer the best of both worlds.
As Ebbecke walks through endless rows of dew-kissed berries, he stops and gingerly lifts a bunch of Lyrene's fruit.
"I can say these varieties have very good taste and they ship well," he said while motioning toward the field.
In just two weeks, the light-colored berries will plump dramatically and turn a true blue. Then the fields will swarm with pickers who will fill the 12,000 flats Ebbecke expects to harvest this year. A flat contains 12 4.4-ounce containers.
The market price for berries depends on many factors, including imports from South America as well as how soon crops to the north come in.
When prices are extremely good, Ebbecke can make as much as $40 a flat, he said. However, prices can also drop to as low as $14 a flat.
"I think we'll open up with a good price," said George Casey, another Hernando County blueberry farmer. "What's a good price I don't know."
Casey, who started growing blueberries four years ago, said that berry farming is no short-term investment.
"You know, you plant blueberry bushes for your grandchildren to go to college on," he said.
It costs farmers $20,000 to plant 1 acre of blueberries, Ebbecke said.
Casey said he will begin his harvest April 3. When the season opens, he will sell to the commercial outfits. As the market becomes saturated with berries, he will open his farm to individuals who like to pick their own berries.
"There should be at least two weeks of good U-pick season here in Florida," he said.
The self-pick season typically starts in the first two weeks of May, but, Casey said, it depends on how the market goes.
Each season the number of growers in Hernando County increases, and the current growers increase their crop size, said Strickland, of the extension office.
"One day we will see a market saturation, and I don't know when that's going to be," he said. "If you have a larger farm it will buffer you against the lower price."
Ebbecke recently added another 20 acres of blueberries to his farm. He is also transforming 2 acres into a plot for organic blueberries.
"Kind of the holy grail of blueberries in Florida is to grow organic," Ebbecke said.
If everything goes as planned, he will finish the certification process and take the 2 acres completely organic within three years.
Ebbecke is pleased with the success of his blueberry farm.
"I really look forward to waking up in the morning and going out to play with my plants," he said.
Growth spurt
Lomax family part of the migration to Ocala
"Most of our family has decided on retiring to Florida so we knew we'd be in the state, but we had never heard of Ocala," Angie Lomax said.
The Lomaxes are a part of the 4 percent population increase experienced in Marion County from July 2004 to July 2005. According to an estimate on population increase issued last week by the U.S. Census Bureau, Marion County ranked 88th - with 11,674 new residents - among the top 100 fastest growing counties in the nation. In the region, Sumter County ranks 17th with a 6 percent population increase and Lake County at 21st with a 5.8 percent increase.
Overall, 15 Florida counties made the top 100 listing with Flager County on the state's northeast coast leading the way with a 10.7 percent increase.
In Marion County, it was the area's horse farms which attracted the horse lover in Glen Lomax. He said Florida's mild climate, slower pace, proximity to other areas, employment opportunities and the region's diverse and friendly residents were also high on their list of considerations. The couple, both in their 50s with master's degrees, have blended into the community; he as Legacy Corps manager for Central Florida Community College and she as a case manager for The Centers. They are also entrepreneurs, owners of the consulting firm Lomax Enterprises of Central Florida Inc.
Angie Lomax said they have helped spread the word about the area and count a handful of friends already committed to relocating to Marion County in the coming weeks and months while others are looking around.
THE NUMBERS
The population increase for Marion County boosts the number of people here from 291,768 in July 2004 to 303,442 in July 2005.
Stefan Rayer, a research demographer for the University of Florida Bureau of Economic and Business Research, said domestic and international migration is primarily fueling the population increase statewide, although it's mostly domestic migration to Marion County. Statewide, two-thirds of migration is domestic, while international migration accounts for the other third, mainly to larger metropolitan areas like Orlando and Miami, he said.
BEBR recently released projected population estimates which are slightly higher than the census figures, but confirm a continuing growth pattern. According to the BEBR report released in February, projected population in Marion County for 2005 was 304,926 with 2010 population projected at 350,900.
Rayer said Marion County has a higher rate of deaths than births.
"This shows that the increase is true migration into the
area," he said.
Sumter County, with a 6 percent increase, had an estimated
population of 64,182 in 2005 up from 60,569 in 2004. Lake County
experienced the largest gain with 15,190 people representing a
5.8 percent increase from a population of 261,845 people in 2004
to 277,035 in 2005.
Nearby counties making the list for population percentage
increases include Hernando, 5.2 percent; Osceola, 5.2 percent;
Pasco, 5.2 percent; Clay, 4.1 percent; Columbia, 3.8 percent.
However in terms of numerical increases - number of people -
Orange and Hillbrough counties rank seventh and eighth
respectively both gaining more than 31,000 people in a year's
time. Also making large gains in population was Polk County with
18,626 people to go from 524,286 to 542,912 and Brevard County
at 531,250 people from 518,812 for a gain of 12,438 more people.
THE IMPACT
Marion County's increasing population is highlighted by
several indicators, including residential and commercial
building activity and traffic congestion. The impact of the
rapidly growing population is also seen on infrastructure and
services, such as the public school system.
As of March, 41,765 students were enrolled in the Marion County
School system, up from 41,621 projected at the start of the
school year. On average, the school system copes with 3,400 new
students annually, although that figure does not take into
account students who leave the district.
It's an issue that principals, facility supervisors and the
transportation department struggle with, said Kevin Christian,
spokesman for the school district. He said the county's
southwest quadrant is where the district feels the largest
strain at overcrowded Saddlewood and Sunrise elementary schools.
A new elementary school, Hammett Bowen, is scheduled to open in
August to relieve some of the pressure.
Countywide three elementary schools, two middle schools and one
school to serve grades four through eight are on the planning
board. However, those plans are based on the number of existing
studenst, rather than projected population, since the state does
not allow districts to build new schools based on population
growth.
"We can predict the increases but there is no way to know
for sure until the child shows up at a school," Christian
said. "It overcrowds buses, classrooms ...it's another
teacher we have to hire to handle the increase and compounding
the problem is the classroom reduction mandate."
Utility companies are also feeling the impact.
Barry Bowman, spokesman for Sumter Electric Cooperative, said
the company is experiencing growth throughout its service area
in Marion County.
"There are many developments on the board and we are
beefing up our infrastructure to keep pace with that growth.
Marion County has become a popular place to be," he said.
Progress Energy has seen a jump of nearly 5,000 customers
locally in recent months and is now serving 60,000 customers.
Progress spokeswoman Cherie Jacobs said the company, which
covers 35 counties in Florida, adds an average of 50,000
customers annually.
The increasing numbers for Progress Energy are in Belleview,
Weirsdale, Dunnellon and Silver Springs Shores. One of those new
accounts will that of Glen and Angie Lomax, who expect
construction of their home in Belleview to be complete this
spring.
__________
Harriet Daniels may be reached at harriet.daniels@starbanner.com
or (352) 867-4125.
Article published Mar 21, 2006 What may be safe for drinking isn't good for Florida's
springs, some scientists say.
Florida is allowing at least 10 times more nitrogen to enter
groundwater than is healthy for the springs, according to
scientists. The water meets drinking water standards, but it
still contains enough nitrogen to fuel the growth of weeds and
algae in springs - just as nitrogen in fertilizer causes lawns
to grow.
The swimming area at Wakulla Springs has become choked with
aquatic weeds and algae as nitrogen levels have tripled in
recent decades. Possible nitrogen sources include septic tanks
and Tallahassee's wastewater spray field on Tram Road.
The state groundwater standard allows 10 milligrams of
nitrate-nitrogen per liter of groundwater. That water is safe to
drink, but some scientists say springs become fouled with weeds
and algae with a much smaller amount, less than 1 milligram per
liter of nitrate.
"The 10 (milligrams per liter) is way, way too
lax," said David Loper, a retired Florida State University
professor who was on a scientific panel last year that studied
pollution threats to Wakulla Springs.
The statewide standard has been raised as an issue in recent
months amid concerns about pollution of Wakulla Springs.
Environmentalists and Wakulla County commissioners have
criticized a proposed state permit for the city spray field
because they say it doesn't require specific nitrogen
reductions.
Under the permit proposal, the city would be allowed to spray
almost 31 million gallons per day of treated wastewater at the
spray field, located 10 miles from Wakulla Springs. The deadline
for filing a legal challenge to the proposed permit is
Friday.
Some environmentalists say the state can do little to protect
the springs when the groundwater standard for nitrate is so
high. Scientists say the natural level of nitrate in groundwater
is only 0.02 milligrams per liter.
Nitrate in a monitoring well on the southern edge of the
city's spray field is usually about 6 milligrams per liter,
according to data cited by scientists in the Wakulla Springs
study. A city official said it was misleading to cite
only the data from the one well, which has higher nitrate
readings.
DEP Secretary Colleen Castille said she's heard the complaint
that the statewide standard is too high. She said DEP is
supporting studies of waterways to determine how much nutrients,
including nitrogen and phosphorus, each individual waterway can
handle.
In the Everglades, for example, the department last year
determined that 10 parts per billion should be the limit for
phosphorus. But Castille said that same amount of phosphorus can
be found in healthy drinking water from springs.
"So we are learning what nitrates are acceptable for
springs systems," she said. "The more we increase the
science, the better our permits will get."
Loper said springs would turn into "pea soup" if
they received 10 milligrams per liter of nitrogen - the amount
allowed in groundwater. But he said scientists aren't sure
exactly how much nitrate that springs can take.
Studies that are being paid for by DEP include one
examining the relationship between algae growth and nutrient
concentrations.
Once scientists know the level of nitrate that springs can
take, it still may be hard to set limits for pollution sources
such as Tallahassee's spray field, Loper said.
"It's not the same water - it's been diluted quite a
bit" between the spray field and the springs, he said.
"And again the city is not the only (pollution)
input."
Loper's scientific panel pointed to a proposal for the Wekiva
River basin east of Orlando as a possible model of springs
protection.
As authorized under legislation specifically addressing the
Wekiva River, DEP has proposed a target of 0.2 milligrams per
liter for nitrogen in groundwater in the Wekiva basin. The area
has 27 named springs that discharge 71 million gallons of water
per day.
Loper quoted one DEP biologist who has suggested that the
level for Wakulla Springs should be 0.4 milligrams per liter.
Jim Stevenson, coordinator of DEP's Wakulla Springs Basin
Working Group, also said the nitrate standard is too high for
springs. He said reducing the limit could affect development,
the use of fertilizer and septic tanks and how wastewater plants
are operated.
"Yes, it needs to be changed. And of course, that would
influence a lot of land uses," said Stevenson, a former DEP
biologist and a past chairman of the department's Florida
Springs Task Force.
Scientists worried
about Wakulla
Drinking-water standards don't fit for
spring
Yankeetown residents will continue to lift voices
Letters to the EditorPublished March 21, 2006
During the weekend of March 4-5, volunteers from the Save the Withlacoochee and Yankeetown (helpsway@yahoo.com) citizens' group canvassed the entire town of Yankeetown. The intent was to determine how the residents felt about the pending development project as presented by the developer on Feb. 20.
Each resident was asked to read the following statement, and sign his or her name if the resident was in agreement. The statement was: Dear Yankeetown Council Members: We the undersigned are opposed to the development as presented by Izaak Walton Investors LLC on Feb. 20. Furthermore, we strongly believe that our town has everything to lose and nothing to gain by even entering negotiations for a Development Agreement. Thank you for listening.
Volunteers reported that the poll was enthusiastically received. They were invited into homes and offered beverages. Questions were asked and responded to. Residents felt that at last, they would be heard.
Volunteers estimate that, of the people they found at home, the signup rate was 85 to 90 percent, far exceeding that of a simple majority, and 219 signatures were acquired. Residents for once felt optimistic that they could no longer be ignored by their council members and neighbors.
Copies of the poll then were presented to three of the four eligible voting council members (a fifth was resigning). A fourth was left in the inbox of the absent council member.
During the town meeting of March 7, the development agreement was the 15th item on the agenda. Debate ensued over the appropriateness of entering the agreement. Citizens were concerned that the only negotiators for the town were the mayor, the temporary town attorney and a yet-unknown zoning official.
No opportunity exists in the town code for either council or citizen input during the negotiations. A big concern was the experience level of the mayor and the relative newness of all three to the town government. The town attorney at length presented reasons why it would make sense to enter negotiations, mainly that the council could simply walk away at the end if they did not like the result.
Doubt was expressed by citizens that the developer would follow through with the threat of by-right development. The plan presented by the developer would have to change significantly. For example, no dry-rack boat storage is permitted on the contracted properties under current zoning. No one can say that the town is required to provide access to town streets for the developer's private sewer lines. Rezoning is required for the sewer plant. Height restriction variances would be required. And so on.
A letter from a Homosassa resident was read that detailed the dangers of development agreements, primarily the potential lawsuits from contractual obligations not legal under the town's Comprehensive Plan. A prior agenda item asserted that the current plan is in disarray and not available in electronic form. Thus no one could state that they understood in depth the contents of it.
Significantly, the Town Council had the opportunity to listen to 219 constituents at once and move to refrain from entering development agreement negotiations until the Comprehensive Plan was evaluated and upgraded during the coming building moratorium. It was pointed out that state law requires Yankeetown to begin that process (EAR) no later than January of 2007. For some reason, no interest in this requirement is demonstrated by anyone in the town government.
More significantly, the Town Council had the opportunity to gain the confidence and support of the town by listening to the overwhelming desire by townspeople to avoid the negotiations.
What did the council do? Nothing!
Only groans were heard, save for the citizen who said, "Don't 219 signatures count for anything?" No response was given.
A motion was passed to return the deficient request for the development agreement, with the deposit, to the developer for correction and resubmittal.
It is difficult to imagine the level of despair felt by the residents at the meeting. In a tiny town where everybody knows everybody, no one can understand the resistance by the town government to its constituents' wishes. However, resolve is there by enough people to deal with this threat to the town's character and soul using all the legal means available.
-- Edward Candela, Yankeetown
Too close for comfort
A Times EditorialInteracting with the manatees in Crystal River is an extraordinary experience. But it could become Citrus County history if the rules aren't enforced.
Published March 21, 2006
They chase them, poke them, try to ride them. Some people wake them up with point-blank camera flashes in their faces while others shove palm fronds into their mouths. It is enough to make you wish that manatees were not such docile creatures. Just imagine a snorkeler trying any of this with a shark. Yet this sort of harassment occurs with alarming regularity in the waters of Citrus County, the only place in Florida where federal rules allow humans to swim with manatees. There are rules to prevent this mistreatment, but they are only as good as the resources available to enforce them.
Enforcement of manatee rules in Citrus County is virtually nonexistent. The manager of the Crystal River National Wildlife Refuge has just one officer, and that person must cover all of the refuges between Pinellas County and Citrus. It is an impossible task, and this lack of supervision invites the flagrant disregard for the rules that two manatee advocates recently captured on videotape. Tracy Colson and Steve Kingery, formerly of Manatee Watch, have compiled more than an hour of examples of rule infractions and harassment that borders on cruelty (the videos are available at links.tampabay.com).
The interaction with manatees in Citrus County is a unique educational experience, but the federal government has to get serious about enforcing the rules or the only option to protect the friendly mammals will be to outlaw the snorkeling and tours. It should not come to that.
In Crystal River, the sole officer's top priority is enforcing the boat speed limits, followed by monitoring the sanctuaries. Patrolling for harassment is largely an afterthought. The U.S. Fish and Wildlife Service must provide sufficient oversight, even if it means transferring officers from other parts of the state or the country during the winter months when the mammals seek the warm spring waters. The dive shops, which stand to lose the most if the activity is outlawed, also must take a more active role in policing the waters. The boat operators, who spend more time than anyone else on the water, must supervise their clients better and report all acts of harassment.
The federal agency is developing a new plan for the Crystal River refuge, and it should focus first on enforcing the rules that already exist. Swimming with the manatees is an extraordinary experience and part of Citrus County's charm as well as its economy. But if humans can't be stopped from pestering the sea cows, then the only option will be to ban humans from a natural attraction that has been so rewarding for so many.
[Last modified March 21, 2006, 02:30:40]Board would manage ranch
Nonprofit would oversee state's Babcock land
BY LLOYD DUNKELBERGER
CAPITAL BUREAU
The Senate Environmental Preservation Committee on Monday endorsed a bill (SB 2102) by Sen. Mike Bennett, R-Bradenton, that will create a nine-member board to oversee the 74,000-acre tract and continue to manage it as a working ranch as well as a conservation property. A similar provision has been filed in the House by Rep. Trudi Williams, R-Fort Myers.
"The idea here is that the ranch will continue to operate as a going operation," Bennett said.
In a concession to the two local governments most heavily involved in the project, Bennett also amended his bill Monday to allow the county commissioners in Charlotte and Lee counties to each appoint one member to the board of directors for the ranch.
The governor and Cabinet would appoint four members. The Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services would each have one appointment. The final member would be appointed by the Babcock Florida Co., which now runs the ranch.
The board members will serve four-year terms as directors of Babcock Ranch Inc., the nonprofit corporation.
The board would have broad powers to manage the ranch, which now includes a cattle operation, timber harvesting, a plant nursery, hunting and eco-tourism. Among the board's powers, it would have to develop an annual budget, with the goal of having the ranch become a "self-sustaining" financial operation within 15 years.
Eric Draper, a lobbyist for Audubon of Florida, said the management plan for the Babcock Ranch is a unique attempt to keep a working ranch in operation while preserving 74,000 acres of conservation land.
But Draper also said it was critical that the ranch produce enough income to keep its operation financially healthy and to continue to employ the 30 workers who have been successfully running the ranch property for years.
The management bill is a companion to other legislation moving through the Legislature that would authorize the state to spend $310 million on the Babcock purchase, which was approved by Gov. Jeb Bush and the Cabinet late last year.
Senate committee unanimously approves Babcock management plan
TALLAHASSEE, Fla. (AP) -- The Senate Environmental Preservation committee unanimously approved a bill Monday that would allow the state to manage a cattle ranch in Southwest Florida after buying the giant swath of land where the operation sits.
Lawmakers and representatives from at least one environmental group, as well as from Lee and Charlotte counties, voiced their support for the bill (SB 2102). It would create a corporation to manage the Babcock Ranch after its purchase by the state. The 5000-cattle ranch began operations in the 1930s and employs 75 people.
The Legislature must first approve Gov. Jeb Bush's $310 million recommendation to buy the a larger 74,000 acres of forest and wetlands in Lee and Charlotte counties from Kitson and Partners, Inc. The purchase would provide a green corridor from Lake Okeechobee to the Gulf of Mexico.
Officials envision the land being kept undeveloped as a habitat for endangered species, but available for outdoor recreational use. The ranch, made up of forests and wetlands, is home to Florida panthers, bobcats, deer, black bears, reptiles and numerous species of birds.
"This is an issue that every environmental group in the state of Florida has been behind," bill sponsor Sen. Michael Bennett, R-Bradenton, said of his proposal.
About 15,000 acres on the 91,000 acre ranch won't be sold to the state. Kitson plans to develop a community of nearly 20,000 homes on that land, with a mixture of houses and condos.
The state will also acquire the working cattle ranch on the property as part of the deal that Kitson will continue to operate.
"You want to help these cowboys that have been out there managing the ranch very well to keep doing that," said Eric Draper, a vice president with Audubon of Florida, a conservation group. "These people working on the ranch would keep their jobs. Where are you going to find another ranch job? These people - that's their life."
The ranch will also generate money for the state as an ecotourism destination and a hunting place for quail, trophy deer and wild turkey, he said.
But even supporters have their concerns.
"My biggest concern is that the ranch is (not) going to be able to make enough money" and require state assistance, Draper said. "There's a real risk."
Deal Would Allow Mining Near Wellfields
Published: Mar 21, 2006
TAMPA - Mosaic Fertilizer could expand in eastern Hillsborough County if commissioners agree today to open surface-water and groundwater protection areas to phosphate mining.
Tampa Bay Water opposes the 14-page settlement agreement, which grew from Mosaic's lawsuit against the county.
Jon Kennedy, chief engineer for the regional water supplier, called the proposal "a full-scale retreat" from the county's 2004 wellhead and surface water protection ordinance, which restricts mining and other activity that could harm water supplies.
"We think this sets a terrible precedent," Kennedy said Monday. "What is going to happen the next time when a gas station, a feed lot or somebody doesn't like the ordinance?"
County regulators began raising questions last fall about Mosaic's request to mine an extra 743 acres at the southeastern edge of its Hopewell Mine, south of Plant City, and extend the operation five years beyond the anticipated 2013 closing.
Regulators said Mosaic should apply for a special permit that requires county commissioners to find "an overriding public interest" before allowing the company to mine near wellfields and a tributary of the Alafia River.
Mosaic lobbied commissioners for months, and the county canceled a public hearing on the issue in December at the last minute. Mosaic sued the county in January, creating private settlement talks that led to the proposal on today's agenda.
The Hopewell Mine opened in 1982, years before Tampa Bay Water tapped underground water supplies in the area. Drinking-water withdrawals from the Alafia began in 2002.
"It's not a new mine. We've never had a problem there," Mosaic spokeswoman Christine Smith said.
The proposed settlement requires Mosaic to provide "reasonable assurance" that it will protect the drinking-water supply, and other county regulations call for "competent and substantial evidence" of such safeguards.
Commissioners are to discuss the proposal at 1:45 p.m.
Mining Agreement Needs More Scrutiny
Published: Mar 21, 2006
The Hillsborough County Commission is scheduled today to consider a phosphate mining plan that could compromise drinking-water safeguards. Commissioners should be cautious, given that the plan has received scant public scrutiny.
Indeed, apparently no public comment is scheduled at today's land-use hearing.
At issue is Mosaic Fertilizer's plan to expand operations at its Hopewell Mine, south of Plant City. The land the company wants to use is close to the South-Central Hillsborough Regional Well Field, where dozens of wells pump drinking water for the region. The site also is adjacent to a tributary of the Alafia River, which provides drinking water to the region.
The company maintains that a county ordinance requiring a buffer zone around drinking-water resources does not apply to phosphate mining. However, Mosaic, which has a solid record of environmental stewardship, has agreed to increase water-quality testing at the site.
But officials with Tampa Bay Water, the regional water supplier, say the proposal lacks surface-water standards. They fear the consequences of a quick approval without adequate review or debate.
Mosaic officials say they've agreed to meet county stormwater requirements and others affecting surface water.
It should be possible to expand Hopewell mining without compromising water sources. But commissioners need to make sure the public knows precisely how that will be accomplished.
Sinkholes snarl traffic in Tarpon Springs
By ROBIN STEINAs crews work to patch one 30-foot sinkhole in Tarpon Springs, another breach develops.
Published March 21, 2006
TARPON SPRINGS - Construction crews had just finished patching up a 30-foot sinkhole on the southern side of Klosterman Road early Monday morning, when they noticed three other troubling depressions nearby.
By noon, a second breach, measuring 15 feet across and about 12 feet deep, opened up around the corner in the center lane of Alt. U.S. 19, snarling traffic at the busy intersection all day.
Alt. U.S. 19 in that area averages about 21,000 vehicles a day, though it might be heavier at this time of year when so many spring breakers are here.
Crews already at the site began repairs. The goal was to have the entire intersection free and clear of backhoes and gaping holes by this morning, according to Ron Anderson, district emergency coordination officer for the Department of Transportation.
Anderson warned the plan is subject to delay depending on the results of geotechnical testing conducted Monday afternoon.
The rash of holes is not the first to plague the corridor.
"The last couple of years, there have been three or four," Anderson said. "That area is prone to sinkholes, but it is very difficult to say what triggered them."
Only occasionally does the geotechnical data pinpoint a specific cause, he said.
But Anderson doubts the recent road work on Klosterman is to blame. The multiyear improvement project entailed asphalt paving that involved digging just 1 or 2 inches below the surface.
Under the weight of traffic, the sugary, sandlike layer beneath the road sometimes can start to leak into the porous limestone layer beneath, he said, especially in atypically dry weather conditions.
Traffic trickled through the clogged intersection Monday, although the gaggle of repair machinery and crews blocked a few businesses, such as Falcon Motor Cars on the northeastern corner of Alt. U.S. 19 and Klosterman Road.
"I expect we're going to lose some business," said manager Sam El Alami. El Alami said Falcon would probably be closing early, if the employees could get their cars out of the driveway.
[Last modified March 21, 2006, 02:30:40]Article
published Mar 20, 2006
Rawlings
house nominated as landmark
The Marjorie Kinnan Rawlings State Historic Park is looking
for a few good writers.
The former Cross Creek home of the Pulitzer Prize winning author
has been nominated as a National Historic Landmark. Rawlings won
the Pulitzer for the novel, "The Yearling," and wrote
the memoir "Cross Creek," describing her life at the
remote Alachua County farmhouse during the 1930s.
Public comment will be taken up at an April 11-12 meeting in
Washington D.C. at which the Cross Creek home will be evaluated by
the National Park Service Advisory Board.
Park Manager Valerie Rivers and representatives of support
groups will attend.
"The designation puts it in a whole new category of
importance," Rivers said. "In addition to it being an
honor to be included, you are available to get more grants to take
care of the park."
Letters should be addressed in care of John W. Roberts of
the National Historic Landmarks Program at the National Park
Service, 1849 C. Street, N.W. (2280), Washington, D.C., 20240.
They can be faxed to (202) 371-2229.
Park Service Historian Patty Henry said the Rawlings house
is already drawing a lot of support.
"We've gotten a lot of people supporting it," Henry
said.
Commissioners OK plans to move buildings
At Monday's City Commission meeting, longtime residents and historical society supporters feverishly argued to move and restore the Crocker Church and Sarasota's oldest standing building, the Bidwell-Wood house, to the middle of Pioneer Park.
Neighbors surrounding the park were just as adamant that the buildings go elsewhere, expressing worries that the decaying structures would bring increased crime and traffic while also cutting into the park's green space.
Commissioners, after hearing plenty from both sides, voted unanimously to move the buildings while acknowledging the "civil, tactful, responsible, reasoned and logical debate" between the passionate groups, as Commissioner Ken Shelin said.
"Only time will tell whether this decision is a correct one," said Commissioner Lou Ann Palmer.
The commissioners in January approved putting more than $160,000 toward relocating the aging buildings, which will have to be moved out of the Rosemary District to accommodate more than 300 condominiums.
But residents came before the commissioners, making powerful arguments that the homes would take away valuable park space in Pioneer Park, off 12th Street and Cocoanut Avenue.
"More and more of our park is being taken," said nearby resident Al Holmes. "I have nothing against historic -- I'm 65 years old. I'm worried about taking parks away from our children."
Others, however, were just as worried about demolishing important pieces of Sarasota's history.
The Bidwell-Wood house was built in 1882.
Those with the Historical Society of Sarasota County said that they want the buildings to serve as educational museums for residents and visitors.
It would be a huge improvement to a park that has been used in the past for prostitution and drug-dealing, supporters of the move said.
The historical society designed a security plan with bright lights to keep away crime.
And they say they have donations and volunteers to help improve the buildings. They've also organized a March 30 fund-raiser for the relocation.
Some had deep attachments to the old buildings.
"The Crocker Church has the best best wooden dance floor in the county," said Ginger Daniel, a Sarasota resident and trustee with the Florida Trust for Historic Preservation.
"I'd like to extend that joy of dancing on that floor to future generations."
Commissioner Palmer said that the city committed to the neighborhoods, but also to preserving the past.
What better place for Pioneer-era buildings, commissioners asked, than Pioneer Park?
"This is a perfect place, the perfect fit," said Commissioner Danny Bilyeu. "I hope we can all get behind this."
Environmentalists concerned that capital wastes fouling spring
TALLAHASSEE, Fla. (AP) -- Attorney General Charlie Crist wants state regulators to crack down on those responsible for polluting one of the Florida's most famous springs, or he might take legal action.
Wakulla Springs, the state's third largest spring, has become more polluted has become increasingly dirtied by nutrients. They have damaged water quality and caused an explosion in the growth of hydrilla and algae that have altered the natural ecosystem.
"Unfortunately, the once-pristine spring is now adversely affected by increased levels of nutrients," said Crist, who described Wakulla Springs as "a unique jewel" in the state's park system.
And the problems may be coming from the city of Tallahassee, which sprays up to 20 million gallons a day of nutrient-laden wastewater on a treatment field about 10 miles north of the springs.
Crist said Sunday he was concerned with the pollution and "diminishing value" of the spring, and stressed its importance as a natural resource and tourist attraction.
"It's a state treasure," Crist said by telephone, adding he'd sent a letter to Tallahassee's mayor with concerns about the city's water treatment possibly fouling the springs.
Crist, who is also seeking the Republican nomination for governor, said "avoiding litigation would be great," but he would keep that option open if a solution isn't found.
City officials say they are working on improvements at the wastewater plant that will reduce the amount of nitrogen that may be seeping into the groundwater and, eventually, into the spring.
However, state lawmakers have yet to take steps to protect more than 700 springs across Florida's landscape. Many suffer from the same problems as Wakulla.
Developers, farmers, businesses and other interest groups who fear stronger regulation of the land around the springs may harm their interests, have opposed such legislation.
This year, state Sen. Nancy Argenziano, R-Dunnellon, and state Rep. Dwight Stansel, D-Wellborn, have filed bills (HB 693 and SB 2358) to create a task force to raise the visibility of the issue designed to win more protections for the springs.
David Gluckman, a lobbyist for the Florida Wildlife Federation, said the state must get a handle on development, septic tanks, sewage treatment discharges and stormwater runoff from urban areas if it hopes to save the springs across the state.
But Gluckman said stronger state regulation of the activity around the springs is unlikely to happen in a Republican Legislature.
Argenziano is concerned the bureaucracy will bog down.
"You know how government is," she said. "We work in baby steps. If we keep taking baby steps, we may find that we don't have those springs anymore."
Author
speaks on child-Nature link at conservation banquet
Children need to reconnect with nature, and Gainesville is one of
the places that allows that relationship, news columnist and
author Richard Louv said Wednesday night at the the Alachua
Conservation Trust's Conservation Stewards Banquet at the Savannah
Grande.
"This is a very, very special place," Louv told more
than 250 people who attended the banquet, while praising the trust
for its land preservation efforts.
"Kids are being raised under a virtual house arrest nowadays.
What we really need is a 'Leave No Child Inside' campaign,"
Louv said to waves of applause. Louv was making a tongue-in-cheek
reference to the No Child Left Behind Act - a federal education
reform law.
Louv, the author of seven books and a columnist for The San Diego
Union-Tribune who has contributed to the The New York Times, The
Washington Post, The Christian Science Monitor and other
newspapers and magazines, asserts that children are suffering from
"nature-deficit disorder," in his latest book,
"Last Child in the Woods."
Louv lamented the "intellectualization of nature" by
younger generations who are out of touch with the environment.
But the work of the Alachua Conservation Trust and other
like-minded organizations, Louv said, is key in reversing the
trend.
"The work that you do is more important than you give
yourselves credit for," Louv said. "You're giving these
kids hope."
Louv's words came after three area residents - Al Burt, Murray
Laurie and Fritzi Olsen - were honored for their efforts in local
environment conservation.
Burt is an author of more than 20 books and is a former
award-winning Miami Herald columnist who lives in Melrose. Laurie,
a historian and preservation consultant in Gainesville, did the
research that enabled the trust to acquire and restore the Haile
Homestead.
Fritzi Olsen, the executive director of Gainesville-based Current
Problems, was selected by Fine, Farkash and Parlapiano
Attorneys-at-Law for its Environmental Eagle award. All three
honorees are University of Florida graduates.
Deborah Ball can be reached at (352) 338-3109 or balld@gvillesun.com
Old neighborhoods feel threatened
Six years ago, Myers Park homeowner Robert Olmstead battled dorm-style student apartments at the edge of his residential neighborhood.
Today, it's condos at the Capital City Country Club golf course that Olmstead wants to see pared down. The cause for his concerns: The last empty lots in Tallahassee are being developed as land values increase and developers construct on the remaining wooded and sloped areas.
reactions from residents opposed to sprawl but worried about higher densities in their neighborhoods.
"What we're trying to do is encourage high-density growth within the urban community," Mayor John Marks said.
At the same time, city leaders apparently are listening to some constituents' concerns, as evidenced by recent decisions to prevent higher densities in the West Pensacola Street area. But residents say problems remain, and the conflict between homeowners who want to protect their neighborhoods and the demand for rental units, especially in the areas surrounding the city's two universities, continues.
City and county leaders are proposing changes to the state-required plan that guides growth throughout Leon County with the goal of making it easier to understand and more transparent.
"Because the neighborhood was founded so long ago (in the 1930s), there are no rules, deeds, covenants, restrictions, nothing," said Olmstead, the president of the Myers Park Neighborhood Association. "There's no legal protection that you find in a modern neighborhood."
Homeowners speaking out
In Myers Park, the latest concern is a proposal by developer Tim Edmond to build 200 condos on the 9.3 acres of golf course owned by the members of the Capital City Country Club.
The proposal has been touted as a way to infuse cash for improvements to the course. Opponents like Olmstead are worried that condos would increase population density and be out of character with single-family homes.
Similar battles are under way along the edges of other neighborhoods.
Near Tharpe Street and Old Bainbridge Road north of Florida State University, homeowners are worried about a proposal to build 82 dorm-style condos in 13 two-story buildings on a hill that serves as a buffer between Old Bainbridge Square shops and McGuire Avenue homes. That would require new stormwater ponds protected by walls 6 to 12 feet high.
"That's just going to destroy our neighborhood," said Joe O'Neil, president of the Parkside-Park Terrace Neighborhood Association. He's worried homeowners will move out and turn their homes into rentals.
Farther west, residents between FSU and Tallahassee Community College are trying to stave off the transformation of their neighborhood as apartments are built and homeowners turn their properties into student rentals. They recently won a small victory when commissioners declined to increase the maximum density along West Pensacola Street, although several neighborhoods already have lost many of their homeowners.
And on the other side of town, Brandt Hills neighborhood activists still are celebrating the defeat of a proposal to put up a couple of small offices along Mahan Drive.
“We don't like the idea of zoning categories that eat around at the edges of residential neighborhoods," said Darwin Gamble, the vice president of the Greater Brandt Hills Neighborhood Association. "Especially residential neighborhoods that are intact and well-established."
Land-use priorities
But those neighborhoods also are often the ones where land is available. The city is following residents' desires when it allows construction in those zones, Tallahassee-Leon County Senior Planner Darrin Taylor said.
"Our community has made it clear that they don't want to see a sprawling community," Taylor said. "Their main concern is the protection of environmental resources, and the ideal way to protect that is to build in a compact fashion."
That means higher densities inside the existing city core to avoid spreading out people over a large area, which is considered a poor use of government resources and a step toward more roads and cars.
"On the one hand, students are already there, and ... you could say, this is an area where you could put more students," Taylor said of the West Pensacola area. "At the same time, you have people who live there who say, 'Wait a second. I already have a lot of noise and a lot of traffic. Are you going to put more people there?' ”
Property owners within 500 feet of large proposed developments are notified by mail to which they can reply in writing, but their chance to be heard by commissioners at public meetings occurs only if the developer has to ask for a change to the permitted land use.
The city does not advertise smaller-scale projects but goes through them on Thursdays: The list of those projects can be found at www.talgov.com/growth/meetagenda.cfm.
Myers Park's Olmstead applauded city leaders for listening to residents. He pointed out that his neighborhood's fight against student housing led to the passage of a rooming-house ordinance, which bars more than three unrelated people from living together in areas zoned for single-family homes, and to the designation of the neighborhood as "historic," which carries restrictions.
He encouraged neighborhood associations to get active but cautioned that the best possible outcome usually is a compromise that doesn't leave anyone perfectly happy. That's a thought shared by Marks.
"All of our citizens are going to have to make sacrifices to accommodate growth," he said. "That's just a fact."
Marks said he has good lines of communication with residents - they can call him, commissioners or the growth management department. But the city and county are considering changes to the planning process to better inform residents of which developments are permissible in their surroundings. They're proposing changes to the state-required plan that guides growth. A public meeting on amendments to the plan is scheduled for 6:30 p.m. March 30 at City Hall.
But even with greater transparency, residents will worry about the future.
"Students are coming, there's no question, more and more of them," said Kent Hutchinson, president of the Northwest Tallahassee Neighborhood Association. "They're going to have to go somewhere. I don't know what the answer is."
ON THE WEB
To watch videos of interviews with residents and city planners, visit Tallahassee.com.
To see proposed residential and business developments in Tallahassee, visit www.talgov.com/planning/ support/mopdr.cfm.
Contact Julian Pecquet at (850) 599-2307 or jjpecquet@tallahassee.com.
This right is wrong, cities are deciding
By CARRIE WEIMARGovernments can now seize property for private development. But some cities are waiving that privilege.
Published March 19, 2006
The day after the U.S. Supreme Court ruled, Bob Hackworth's phone started to ring.
His constituents were frightened and angry about the court's decision to allow a Connecticut city to seize property and bulldoze it for private development. What would this mean for their homes?
Hackworth, a Dunedin city commissioner who is now the mayor-elect, told them such a scenario was unlikely in their tiny municipality.
"I failed miserably in trying to reassure them," Hackworth said. "I think there was just a lot of fear and concern in the community about this."
So Hackworth decided to act. He proposed a ballot question to change the city charter to prohibit the city from using eminent domain to acquire property for private development.
With the move, Dunedin joins a growing list of communities taking steps to counteract the Supreme Court's decision in the case of Kelo vs. New London, Conn.
While the Florida Legislature races to create a referendum to change the state Constitution, these localities aren't waiting. Oldsmar passed an ordinance banning the use of eminent domain for private development last year. Palm Bay and Lake Helen passed similar ordinances, according to the Coalition for Property Rights in Orlando.
Critics say it's not a wise move. These governments could be tossing out an important power of local government that will someday hinder redevelopment in their communities.
But supporters argue these governments are helping property owners and guarding an essential, constitutional right.
Polls show voters overwhelmingly support the efforts: On Tuesday, Dunedin's referendum passed with 66 percent of the vote.
The Supreme Court case started when Susette Kelo and several other homeowners in a working-class neighborhood in Connecticut filed suit after the city announced plans to bulldoze their homes to make way for a hotel, health club and offices.
New London officials argued the development served a public purpose by boosting economic development that outweighed the rights of the property owners.
In June, the Supreme Court ruled 5-4 for the city.
The decision sent shock waves through the country.
"This is a core American value," said Carol Saviak, executive director of the Coalition for Property Rights. "Our Founding Fathers were strong believers in property rights."
Saviak has been working with the Florida Legislature to craft language to counteract the Kelo decision statewide. She applauded municipalities for taking the matter into their own hands and doing something politicians typically avoid at all costs: giving up power.
"The Supreme Court told them they could," Saviak said. "These local governments are saying, "We shouldn't.' "
It's a smart political move, she added. An October Mason-Dixon poll showed 88 percent of Florida voters disagreed with the Supreme Court's decision, Saviak said. The poll also showed 89 percent of voters would support the state Legislature taking steps to counteract the ruling.
But although opposing Kelo is popular, it doesn't mean it's the right thing to do, especially for local governments that may need to resurrect areas plagued by blight, said John Wolfe, St. Petersburg's city attorney.
"If they want to redevelop something in the future, they're going to be in trouble," Wolfe said.
The last time St. Petersburg used eminent domain for private development was in the early 1990s, when 6 acres were assembled for Bay Plaza, an ill-fated $200-million outdoor shopping plaza. The land was later used to create BayWalk.
It was used in Tampa to acquire land for parking garages in Ybor City.
Florida is one of eight states where the use of eminent domain for economic development is prohibited unless it is to eliminate blight.
Private enterprise is the natural partner for fighting blight, Wolfe said. Dunedin and other municipalities that limit its use lose a valuable tool for revitalizing dilapidated areas, he said.
"What is the government going to do in a blighted area?" Wolfe asked. "You're not going to acquire the land and then build six city halls."
State Rep. Everett Rice, the former Pinellas sheriff and candidate for attorney general, doesn't buy Wolfe's argument.
He calls blight a "moving target - it can be whatever you want it to be."
Rice is sponsoring a referendum to protect property rights in light of the Kelo case. If government wants to clean up blight, it should find a different method, he said.
"It's a question of redevelopment vs. property rights," Rice said. "If it's a true slum, they can use code enforcement, police powers and the free market to get rid of it."
Michael Allan Wolf, a professor at the University of Florida's Levin College of Law, said there's nothing wrong with trying to change the state Constitution to protect homeowners. In fact, U.S. Supreme Court Justice John Paul Stevens wrote in his majority opinion that states are free to pass additional laws restricting condemnations if residents are overly burdened.
But Wolf said he fears some of the municipalities are rushing to judgment unnecessarily.
"A lot of this is symbolic," Wolf said. "It is used to calm down members of the public who have been alarmed by propaganda following the Kelo decision that have exaggerated the effect of the court's decision."
Don Bohr, an Oldsmar City Council member, said he stands behind the vote the council made last year to limit eminent domain.
The council voted 4-1 in July to stop future councils from invoking the city's right to seize property unless it's for a public use. Bohr said he hopes other localities follow their lead.
"The Supreme Court made a stupid mistake," Bohr said. "People work hard for property. Why should government be able to come in and take it?"
Carrie Weimar can be reached at 727 892-2273 or cjohnson@sptimes.com
[Last modified March 19, 2006, 01:06:13]Make It Easier To Evaluate Government Officials
Published: Mar 19, 2006
The Internet is a great tool for people wanting to keep abreast of government. Pasco County residents are fortunate that most of their governmental entities have informative Web sites that list meeting schedules, agendas, policies and other items that make for a more informed citizenry.
Still, government Web masters and officials should take steps to increase the awareness of residents in an area not easily determined unless residents attend a meeting: how elected officials vote. This is the bottom line, what residents want to know most.
Meeting minutes, which include votes and must be made available for public inspection, can be reviewed in government buildings and, for the most part, are online. But going through these records, which often number several pages, can be cumbersome and time consuming. An easier method should be used.
Our neighbors to the north in Hernando County take a good approach. Hernando County government has an extremely user friendly "Voting Record" section on its web site, www.co.hernando.fl.us. Residents can click the date of a meeting to learn how each commissioner voted on an agenda item.
A synopsis of each item is given, followed by the commissioner's name, district represented and vote. This is in chart form, making it very easy to read. And to make sure the recordings are correct, they are not posted until approved by county commissioners.
Here's an item from Jan. 10 that's typical: "Master Plan Revision - Glen Lakes Partnership … Approved the staff recommendation with Performance Conditions Nos. 15 and 16, with the language change in Performance Condition No. 13 that the petitioner be required to pay their proportionate fair share of any future traffic signal along U.S. 19 …" Each commissioner's vote follows. This gives the reader a good idea of what was decided. Reading the complete agenda and any backup material puts the vote in even better perspective.
Pasco and Hernando share many similarities - including growth pressures. The vast majority of each county is unincorporated, thus the responsibility of the respective county commissions.
Considering the importance of county government in the lives of residents, tools in addition to televised meetings and printed minutes are needed. A "Voting Record" section on Pasco County's government Web site would give residents better insight into county government.
Such a feature, coupled with Supervisor of Elections Kurt Browning's Internet site that provides comprehensive campaign finance reports, including individual donations, would help the Pasco public evaluate elected officials and make informed decisions on Election Day.
One family's world
Multimillion-dollar offers for their junkyard don't faze the Gluecks, who plan to stay where they are
The value of the 23-acre salvage yard, surrounded by homes worth upwards of $500,000, escapes no one. For some people -- those who send the Gluecks a letter a week -- it's the perfect place for development.
The county appraised the property at $668,100 last year. Realtors estimate that the family could get between $2 million and $9 million, depending on a variety of factors, such as the condition of the land and access to infrastructure.
But the Gluecks -- pronounced "Glicks" -- say the value lies not in the land, but in the business where three generations of their family have worked over the past 40 years.
They're not ready to cash in because for them, time spent working together amid gnarled metal and broken glass trumps money.
"All the kids work here," said Diane Glueck, the business founder's daughter-in-law. "It gives the family something to do."
Her son agrees.
"If you're happy doing what you're doing, why stop?" Billy Glueck asked. "It's not worth it at this point."
Teens, artists, firefighters
The vastness of Glueck's Auto Parts Inc. is hardly noticeable from the road.
Besides selling wholesale parts to repair shops and mechanics, they have a reserve of junked cars for others to sift through. Often it's the same people -- retirees, collectors, teenagers -- trolling through the lot with their wheelbarrows and tools to remove radio knobs, transmissions or anything else they can salvage before the cars are crushed and recycled.
Wholesale customers have come to depend on the Gluecks, too. Glenn's Ignition Service and Auto Repair Inc. has been buying parts from them at least once a week for the past 35 years.
"If they don't have it, they try to find it for us," said Mike Hale, who runs the shop. "They're like family." The Hale and the Glueck men have met for breakfast at Denny's every Saturday for years.
Then there are the firefighters who train at Glueck's. Every few months, Billy Glueck stuffs about 20 cars with dummies and crushes them to simulate accident scenes. Firefighters from Sarasota County, North Port and Charlotte practice search-and-rescue missions.
"We're happy to have them here," Billy Glueck said, "because someday the person they pull out could be us."
It was at Glueck's Auto Parts that artist John Chamberlain created Detroit Deliquescence, a sculpture of twisted Glueck's car parts that now sits on Michigan Avenue in downtown Detroit.
"I used a piece of their yard way in the back," Chamberlain recently recalled.
Building a business
Albert Glueck Sr. was shrewd in the way he built the family auto parts business.
He got his start towing cars and working at the county jail.
As a jailer for the sheriff's office in the 1950s, he held inmates' car titles while they did their time. Those who didn't come back for the cars after a certain time lost them to Glueck. As the cars piled up, he began selling them for parts and business increased.
By 1967, northern Sarasota was becoming more cosmopolitan and wasn't really fit for a salvage yard. The county suggested that Glueck Sr. move his business farther south. He paid $25,000 for a piece of land that often flooded and where the only things nearby were cattle and the infamous house where the Walker family had been murdered.
The Gluecks built a moat around the property and elevated the middle of the yard with the leftover dirt to control flooding. They cleared the road, Preymore Street, with tractors and graders and maintained part of it until it was fully paved in 1994.
"The weeds were so thick, they'd hit our windshield," Diane Glueck said.
One by one, they towed the 500 cars Glueck Sr. had accumulated. Albert Glueck Jr., his only son, and his wife, Diane, helped run the business. They lived on the lot until a couple years after Glueck Sr. died in 1979.
"It was like our own little world down there," said their son, Billy Glueck. "It was a lot of fun."
There were parties in the woods and cruising the dirt paths on his moped. There was also the drudgery of his first job at the family business: sorting nuts and bolts for $1 an hour.
Now Billy Glueck works alongside his mom, dad, uncle and two sisters and their husbands, and he loves it.
New neighbors
Some of the Gluecks' new neighbors haven't been enthusiastic about the family business.
"I am sick and tired of the noise and the traffic," Jamie Walker, then a resident of Bay Oaks, wrote in an e-mail to the county in January 2005.
She lived on a nearby street, Pine Ranch East Road, for two years and was aware of Glueck's Auto Parts when she moved in, but was worried that the business would decrease the value of her home. "My concern was the element that a junkyard itself brings into an area," she said.
The yard didn't impact her home's value. A home on the street where she lived sold in January for $399,000, $144,000 above its 2003 purchase price of $255,000.
Walker first complained to the county via e-mail in 2003 that "semis full of wrecked cars enter at all hours of the day" at Glueck's. She questioned how a salvage yard was allowed to legally operate on land zoned residential.
It can because Glueck Sr. bought the property long before Sarasota's zoning laws went into effect. So the business today falls under a non-conforming use clause. As long as the business doesn't expand or stop running for more than a year, it can continue as it is indefinitely, according to the county.
If the property is sold, the new owner could continue running the same business or develop the land as residential, with one house per acre. The future land-use designation allows for up to 4.9 homes per acre, but a developer would have to apply to rezone the land in order to build that many.
A county investigation into Walker's complaints didn't find any violation, except an illegal sign that the Gluecks removed.
For the Gluecks, the surrounding development has been mostly good for business, especially since Preymore Street was paved. They have about 1,500 cars for wholesale parts and 1,000 for people to root through.
"I haven't looked at the numbers, but I imagine there was a spike in business," Billy Glueck said.
And while the development has also brought the weekly letters -- usually from lawyers -- stating that someone wants to buy the property, the Gluecks remain unfazed.
"We would get a few million bucks," Billy Glueck said, "But after that, what have you got?"
Planners taking a new look at trails
By HEATHER URQUIDESPasco County has a federal grant to set up land and water nature trails, which are growing as an amenity offered by developers.
Published March 20, 2006
Imagine a scenic trail connecting Anclote River Park with Anclote Gulf Park or a hiking loop that allows campers to go to and from some of west Pasco's wilderness parks. How about dedicated water trails for canoes and kayaks?
These are the kinds of ideas the county's Parks and Recreation Department officials are considering as they embark on a two-year effort to create a countywide Greenways Trails and Blueways Master Plan.
Pasco County was recently awarded a federal grant from the National Park Service's Rivers, Trails and Conservation Assistance program to help write the plan. There's no money involved, just two years of technical assistance from one of the agency's outdoor recreation planners.
There is huge demand for more outdoor recreation trails, which provide safer routes for everyone from inline skaters to exercise walkers and cyclists, said Martha Campbell, administrative services manager for the the county Parks and Recreation Department.
"If you look at all the development going on, a trail system is one of the fastest growing amenities (housing developers) are providing," she said.
Campbell and other department officials have met once with Jaime Doubek-Racine, the outdoor recreation planner assigned to help them with the master plan.
The next step will be meeting in April to form a county trails committee to assist in planning so "it won't be all government driven," Doubek-Racine said.
Then, the county will take an inventory of all Pasco trails, those in place and in planning stages. By summer, public workshops will be held to gather suggestions from residents on what they would like to see included.
Such master plans are important because they help steer growth and enable counties to apply for federal and state money to build trails, Doubek-Racine said.
"The counties are all saying we have to have these trail master plans to hurry up and delineate these corridors before a subdivision goes in so there's an opportunity not lost," she said.
The park service's Rivers, Trails and Conservation Assistance program was started in the 1980s with the mission of helping local communities protect open space and rivers. Doubek-Racine's Sarasota office also has helped Manatee, Hillsborough, Charlotte and Lee counties and the city of Tampa with their master plans.
A trend she's seeing is that more counties are interested in creating blueways, which "is just kind of a new fad name for water trails," she said.
Those can involve actual markers to delineate the trails, as was originally done in Manatee County, but often they amount to finding good routes,off-the-beaten tracks of motor boats, that they map and distribute to canoeists and kayakers.
Manatee has since decided to do away with the signs, which showed two paddles in an "X" shape. "They were losing a lot of those markers due to hurricanes and just to people thinking they looked really cool and taking them," she said.
This was the second year Pasco had applied for assistance, but because of budget cuts the county was denied the previous year, she said, adding that this year they turned down five counties.
"That's too many," she said. "But you can't give good quality assistance if you take on too many projects."
Jennifer Seney of Pasco Wildlife Inc. was thrilled to hear about the trails master plan.
"There are a lot of economic reasons to do it," she said. "There are a lot of what people might call lifestyle reasons to do it."
"But from my point of view ... nature trails are a way to give people outdoor recreation for very little money and it puts them back in touch with the Earth and their responsibility toward it."
County officials have taken steps to include the trails plan in Pasco's comprehensive plan, which requires it be done by 2008. That's an important step because it will pave the way for the county to apply for trail funding from sources such as the state's Florida Community Trust.
"That's a fantastic funding source and it's a very competitive grant," Doubek-Racine said. "You need a tight, substantive comprehensive plan with all the policies protecting open space, and you'll rank well."
[Last modified March 20, 2006, 00:36:17]Plan Submitted For Developing Long Lake Ranch
Published: Mar 20, 2006
LAND - O' LAKES - Beazer Homes Inc. has submitted preliminary plans for four residential neighborhoods on Long Lake Ranch, the Geraci family property sandwiched between State Road 54 and the Hillsborough County line.
Beazer, which is close to selling its 200th home in Dupree Lakes - built on the site of the former Dupree Gardens botanical garden off Ehren Cutoff - has plans for 633 homes in four phases on Long Lake Ranch.
Long Lake Ranch lies about midway between U.S. 41 and the Suncoast Parkway. It will be linked to Hillsborough County by Sunlake Boulevard, a north-south road through the middle of the project.
The road network within and around Long Lake Ranch should make the development particularly inviting to commuters, said Ed Suchora, Beazer's Tampa division president.
Potential home buyers will have to wait, however.
Crews have spent the past few weeks tying into the county's water and sewer systems near S.R. 54, but home construction remains almost a year away, Suchora said.
The project still must win approval from the county's Development Review Committee as well as the Southwest Florida Water Management District and the U.S. Army Corps of Engineers.
"We haven't done anything unusual or odd there, so we don't expect any problems," Suchora said.
Plans call for most of the residential neighborhoods to be built around a large man-made lake near the center of the 1,079-acre ranch. Beazer expects to fill about 1 acre out of more than 40 acres of wetlands on the site.
Beazer's tracts are set back from the highway to make room for a commercial component with more than 2 million square feet of retail and more than 300,000 square feet of office space.
Long Lake Ranch won county approval as a development of regional impact in February 2004.
Long Lake Ranch is part of a booming stretch of S.R. 54 between U.S. 41 and the Suncoast Parkway.
The area is home to Oakstead, Ballantrae and Suncoast Meadows. Work has begun on Concord Station and Devonwood. The area's first traffic signal
has been erected in front of Oakstead and will start operating soon.
Sunlake Boulevard will provide access to Bexley Ranch, which covers more than 6,800 acres between Tower Road and the Suncoast Parkway.
Stop constant zoning changes before it's too late
Letters to the EditorPublished March 20, 2006
Re : Residents aghast over Fenway plans, story, Feb. 26.
This story about the shocking plans for the Schiller University property along the peaceful Edgewater Drive residential neighborhood in Dunedin is just another version of what is happ

