Argenziano to pursue springs bill

By Jim Hunter

Call it the Chiefland Revolt II. At least if state Sen. Nancy Argenziano gets her way, it will be a replay of the Chiefland Uprising.

That was in 2004, when about 2,000 people from the region showed up with attitudes and signs to jam a state hearing about transferring the region’s water.

The transfer idea had been floated by the Council of 100, a business advisory group to Gov. Jeb Bush. The group had endorsed the idea of creating a statewide water board that would have permitted water to be sold and transferred from one region to another in the state, a very unpopular idea in counties like Citrus, Hernando, Levy, Sumter, Marion and counties to the north.

Because of the opposition from the residents and the area’s legislative delegation, the idea went down in flames and the message the crowd delivered resonated all the way to Tallahassee.

Argenziano, R-Dunnellon, said this week she needs to go to the citizens again. This time she is rallying support for another water issue, springshed protection, something she believes is a problem reaching a critical point in Florida.

Springsheds are the total land area that contributes rainfall and runoff to a spring or series of connected springs.

She said she is again counting on those same kinds of residents, who cherish their water resources, to turn out in Tallahassee to support a bill to protect springs.

Not only are the unique first- and second-magnitude spring systems of Florida being degraded and showing increasing levels of nitrates, she said, but they are directly reflecting what is happening to the Floridian Aquifer, which this part of the state relies on for its drinking water.

Argenziano said she has submitted a springshed protection bill in the past two sessions, but it has either been watered down to the point of being useless or shut down in committee.

“I’m going after it another way, this time,” Argenziano said.

She said she fully expects the building/development lobby to oppose the bill and try to kill it, because of the restrictions on impacts that will be imposed in the primary cone of influence in springsheds, but she intends to meet them head on. To do that and win, she said, she will need citizens to pressure legislators not to cave in to that building/development lobby.

Most of what happens in the legislature next spring depends on committee hearings between now and March 6, when the 2007 session is set to begin, and so in committee is where the first big fight will be, Argenziano said.

But first, she plans to get the major environmental groups together in Tallahassee — groups like Florida Audubon, Sierra Club, Nature Conservancy, Florida Wildlife Federation and the Springs Initiative Task Force — to put together a bill to restore and protect springs, “one with teeth in it,” she said.

She’s not yet sure how far the bill should go, but she thinks maybe even so far as to ban certain kinds of fertilizers in a primary springshed or require — or induce by incentive — those currently on waterways to meet certain standards.

When the bill begins to go through committee hearings in the House and Senate, Argenziano said, she will call on those organizations and regional and local groups concerned with water resources to come to the hearings in a show of force. “That’s where people power comes in,” she said.

It should probably culminate with a Springs Day in Tallahassee at the capitol, she said. “We’ll have one hell of a rally and say: ‘You have to start doing something.’ ”

One thing the state can do immediately, she said, is to use Florida Forever funds to buy critical land around springs.

Argenziano said her district probably has more first- and second-magnitude springs than any other comparable place in the world — and they are in decline, which should be astonishing and alarming.

“It’s devastating the water ways,” she said of the impacts in the springsheds, as well as posing a threat to water supplies. “How long are we going to keep talking about it?”

“I’m going to need people to travel.” She said she is hoping organizations can provide the busses for transportation to the capitol.

“We have to start doing things differently,” she said. “It’s going to be people power that wins this one.”

After the bill is drafted and filed, she said, “I’m going to put out the call.”

Wal-Mart tells High Springs that aquifer will be protected at I-75 site
By Christa Desrets
Herald Writer

HIGH SPRINGS – Wal-Mart officials are going above and beyond required measures to protect the area’s sensitive water supply from getting polluted, Wal-Mart representatives said Tuesday.

Area residents and officials expressed that they were relieved but still had some concerns after the Tuesday workshop, which was hosted by the High Springs City Commission and also included representatives from Wal-Mart and the Suwannee River Water Management District.

The meeting centered around the area’s water supply, which many feared could be polluted from an Alachua Wal-Mart Supercenter proposed for near the Interstate 75 interchange, which also is close to Mill Creek Sink.

But Wal-Mart officials said at the meeting that the proposed site will be well-protected and will ensure that the aquifer is not contaminated as a result of the development.

Peter Sutch, executive vice president of CPH Engineers, an engineering firm representing Wal-Mart, said that this will be ensured by the great number of precautions that Wal-Mart is taking on the site because of its sensitive geology.

The entire site is 30 acres, he said, and the proposed building will be 176,000 square feet, with about 800 parking spaces.

The site will have a dry retention pond to treat stormwater runoff, he said, and that pond will be where many of the protections will be in place.

Among the many options for detention or retention ponds, he said, a dry retention pond is the best choice since it removes the most harmful substances from the water.

A 1999 study Sutch referenced found that dry retention ponds with a one and one-fourth inch depth of water over the drainage area removed an average of 98 percent of the most prominent harmful substances found in runoff water.

Suwannee River Water Management District requires a minimum of two inches of water over the drainage area, increasing that level of protection even more.

But Wal-Mart is proposing a 5.1-inch depth, Sutch said, which should remove even more than 98 percent of the most prominently occurring harmful substances found in runoff water.

After these substances are filtered out, he said, any water that is discharged from the retention pond will be much cleaner, whereas water runoff from the current site is discharged without any treatment.

Wal-Mart also plans on taking additional steps for protection, Sutch said, by exceeding other water district requirements.

While the district requires that the retention pond to be no deeper than 10 feet, Wal-Mart plans to have a maximum depth of 4.3 feet.

Also, the water district requires that there be a minimum of three feet between the retention pond and the earth’s layer of limerock. But Wal-Mart exceeds that requirement, Sutch said, with a 25.4-foot average distance and a 13-foot minimum distance from the retention pond to the limerock.

But many of the worries that residents had concerned not the retention pond itself, but what may run underneath the retention pond or the Supercenter – a series of underground caverns that carry the area’s water.

If these caverns were to cave in, some worried, another sinkhole could open up in the area and be susceptible to incurring water from the retention pond that has not yet been treated.

But Douglas Smith, a geophysicist with Geohazards, a Gainesville company specializing in sinkholes, said that he led an investigation starting at the end of 2004 and stretching into early 2006 on just that issue.

“There was no evidence of any well-developed cavities within the upper 100 feet,” he said of the investigation’s conclusions.

If any caverns do exist, he said, they must be more than 100 feet below the Earth’s surface, and that would make them much less vulnerable to anything happening on the surface of the site.

Cindy Butler, a Fort White resident and one of the cave divers who worked on surveying those very caverns, said that they do run underneath a small part of the site, but at a greater depth.

High Springs resident Constance Heuss said that just in case, she would like to know that Wal-Mart had an emergency plan with how to cope with a sinkhole, should one open up beneath the site.

Sutch said that Wal-Mart plans to inspect the retention pond weekly for any sinkholes, and if any are found, to inform the appropriate officials within two days.

Also, a detailed sinkhole management plan was part of Wal-Mart’s site plans that had to be submitted to the water district before Wal-Mart received its water permit, he said.

Other precautions that are proposed for Wal-Mart, Sutch said, include having 45 percent of the site as open space, using pervious pavement that allows drainage on some portions of site, keeping hazardous substances and fertilizers from the site’s garden center under a roof to minimize runoff from them, and participating in a University of Florida-sponsored program that would help educate shoppers about what kind of fertilizers are better for the environment.

Also, he said Wal-Mart plans to take precautions with a road that runs next to Mill Creek Sink by having the elevation of the road lower than the sinkhole so that water does not run from the road directly into the sinkhole.

However, Sutch added, the only permit that Wal-Mart has obtained so far is with the Suwannee River Water Management District. All other permits have yet to be submitted for approval, so many details of what measures will be taken will depend on whether they are approved.

David Theriaque, an attorney with Theriaque, Vorbeck and Spain, a law firm representing Wal-Mart, pointed out that each approval process will allow for more resident input before anything is firmly decided.

But Wal-Mart’s non-commitment to some of these issues concerned High Springs city commissioners.

Wal-Mart previously made an agreement with the Alachua County Commission regarding protections that would be in place.

But in many of the sub-points of that agreement, Wal-Mart states that it will “consider” certain options, not clearly making a commitment.

Commissioner Kirk Eppenstein voiced such concerns, saying that Wal-Mart needed to show more commitment to some of the issues to put residents’ minds at ease.

Theriaque said that the reason Wal-Mart could not yet commit was because many of the details of those options were not yet set in stone.

“Wal-Mart has made a real, conscientious, good faith effort,” he said.

He said that the corporation will continue to make honest strides to meet agreements, even if the wording of those agreements doesn’t reflect commitment.

Eppenstein said he was glad that Wal-Mart officials agreed to meeting with the city and that commissioners will continue to scrutinize not only Wal-Mart but also other developments that propose to be located in that area.

Also, he added, he is working with officials from the state Department of Environmental Protection to raise certain requirements of developers who want to locate to such a sensitive location.

“That’s going to be the final settlement,” he said.

Flood Zone Remap Affects Thousands

By MARK HOLAN The Tampa Tribune

Published: Nov 30, 2006

TAMPA - New maps are being released that show who's in and who's out of the flood zone in Hillsborough County, a decision that can affect insurance rates and residential development.

The maps should be good news for the owners of 21,248 homes or parcels of land that have been removed from the high-risk floodplain, possibly lowering their insurance.

The news isn't so good for the owners of 8,347 homes or parcels added to the high-risk area and facing the possibility of increased rates.

Both groups of property owners can expect to receive a letter from the county by the end of December about their status. People can check the status of their properties at the county's Web site, hillsboroughcounty.org.

The maps are preliminary, and the Web site and letters will outline how to appeal the decision. A series of public meetings will be held in coming months to solicit input from communities.

People who appeal will have to do more than say their property has never flooded.

"It can't be anecdotal. They've got to have some scientific proof," county planner Chris Zambito said.

This is the first countywide update of the flood maps in 25 years. The county set aside $10 million about four years ago to update the maps for the entire county, including Tampa, Temple Terrace and Plant City.

"This time everything is being done at once. It's not piecemeal," Zambito said.

The Sun City Center area, for example, is still using maps from 1980. Northwest Hillsborough is using maps from 1992.

Storms Spurred Remapping

Zambito said the news maps reflect the danger of a flood that has a 1 percent chance of happening any given year, typically from a single event such as a hurricane.

The remapping was spurred by the El Nino storms of 1996 and 1997 that brought flooding to vast areas of the county where it wasn't expected. The same weather phenomenon is expected to bring heavy rain to the Tampa Bay area in the coming months.

Hillsborough has experienced record growth the past few years, with homes, shopping malls and roads paving over wetlands and other natural areas that formerly absorbed water from tidal surges, river and creek flooding and rain runoff in low-lying areas.

The preliminary maps became available in October 2005, and communities such as Plant City already have held public meetings.

Degree Of Risk Is Detailed

The maps show whether a property is at high, moderate or low risk of flooding, a designation that determines the premium for flood insurance or whether a property owner may drop coverage.

Hillsborough commissioners ordered county staff to work with the Federal Emergency Management Agency and take a closer look at the boundaries for high-risk flooding. One of their biggest concerns was that entire parcels were being shown at high risk when only a portion of the property was at risk. For instance, a slice of a back yard might be at high risk, but the home might not be at risk.

As a result of making that distinction, thousands more homes came off the high-risk list than were added.

In general, any property owner with a mortgage from a federally insured lender is required to have flood insurance. Coverage is capped at $250,000 for the structure and $100,000 for the contents, said Jim Connor, owner of Mynatt Insurance Agency in Tampa.

He said annual premiums can range from as low as $100 for partial coverage in low-risk areas to $1,000 for maximum coverage in high-risk areas.

Conner said insurance rates set by the federal government are expected to increase in 2007. Maximum coverage also is expected to increase to $350,000 or $400,000, he said.

The maps still are preliminary and are not expected to be official for insurance purposes until September 2007.

Reporter Mark Holan can be reached at (813) 259-7691 or mholan@tampatrib.com.

County pulls state into dispute over subdivision

By DAN DEWITT
Published November 30, 2006

BROOKSVILLE - The county has asked the state to block the city of Brooksville's plans to allow 999 houses and a shopping center in the Majestic Oaks subdivision on Mondon Hill Road.

Depending on who is asked, the petition sent to the state Division of Administrative Hearings is either a routine action to preserve the county's right to oppose the project or a sign of renewed hostilities between the city and the county.

Incoming City Council member Joe Bernardini said the petition may be a response to the city's decision last week to annex 900 acres south of downtown; Bernardini and County Commission Chairwoman Diane Rowden had asked the city to wait until three new council members are sworn into office.

"I don't know if this is just retaliation for the arrogance the council showed in the annexation," Bernardini said. "When you throw rocks, you got to expect rocks to be thrown back at you."

Lawyers for the county, though, said they filed the petition to meet a state deadline. The City Council approved a comprehensive plan change in September that allowed Majestic Oaks to be enlarged to 999 homes.

The state Department of Community Affairs issued a notice Nov. 9 saying it planned to approve the change.

The county had 21 days to file a petition objecting to the approval and did so this week, though it still hopes to settle the issues without a court fight, said Assistant County Attorney Jon Jouben.

"We had to preserve our potential remedies," said Jouben, who added that the county also sent the city a letter Wednesday asking to mediate the dispute.

"Our direction from the Commission is to find a mutual resolution of this matter if possible."

The size of Majestic Oaks and the annexation of the land are the latest in a long line of planning fights between the city and county. The county opposed the annexation, saying there was no agreement for development in the area.

The county also sued the city last month, claiming the plan to allow 999 houses at Majestic Oaks violates a 2005 agreement between the city and county setting the size of the development at 600 houses; the amount of space for stores and restaurants, 100,000 square feet, was not changed in the proposed comprehensive plan amendment.

Both the suit and the petition also say the city has not adequately planned for the traffic the project would pour onto Mondon Hill.

Soon after the suit was filed, the City Council and County Commission met to discuss the two issues. They agreed to have their staffers talk about the discussions to avoid the suit.

That spirit of cooperation seemed to break down with the council's annexation vote, Rowden said. The City Council "agreed to talk nicely and then annexed on their way out the door."

Bill Geiger, Brooksville's community development director, has previously said that the annexation was not premature because the landowners have no definite plans to develop the land.

On Wednesday, he pointed out that the city had previously agreed to postpone the final vote on the annexation.

Dan DeWitt can be reached at dewitt@sptimes.com or (352)754-6116.

Palm Bay feels its way through growing pains

Increased values, habitat loss follow annexations

BY LINDA JUMP
FLORIDA TODAY

Imagine Melbourne being annexed into Palm Bay.

In just two years, Palm Bay has voluntarily annexed unincorporated land the size of its neighbor to the north.

Motivated by a desire to shape its own future, the city has annexed -- or is in the process of annexing -- 24,210 acres, or nearly 38 square miles, bringing it to more than 100 square miles.

The undeveloped land is a boon to the city, officials believe, bringing construction work and impact and city fees, adding to the tax base, and generating the impetus for providing needed drainage, sewer and water lines to the outskirts of the city.

That added infrastructure will make it more affordable for city residents to hook onto those utilities more quickly, they say.

"These annexations build a cohesive and common strategy of what the city will look like. If the land remained within the county, we don't know the face of what it will look like," City Manager Lee Feldman said.

If developed as planned during at least the next 20 years, the annexed land would be home to a small city's worth of structures, including 17,600 single-family homes and 8,450 multi-family housing units, and the commensurate population. Applying a standard multiplier the city uses to convert active electrical meters to population, that would mean 63,500 new residents -- about two-thirds the current population.

For many residents, the growth has meant improvements -- a new school, increased property values -- but also losses not likely recovered.

Eva Terranova had the only home for blocks on what was the southernmost road in the city, Weiman Road. "It was all woods. The next house was a mile away," she recalled. Now, she said, every time she turns around, there's a new home. "I liked it when it wasn't as crowded," she said. "It's grown too fast, too quick."

Dennis Kilfoy, who lives on Tennessee Street, where a new school has been built, is bittersweet. He bought three neighboring lots five years ago for $10,000.

"Now each is worth about $50,000 or $60,000," he said. But the bobcats and foxes in his yard are gone, as is his quiet neighborhood.

Controlling destiny

Palm Bay's annexations will allow it to provide land for needed light industrial and commercial uses -- particularly if another interchange is added for I-95 around Micco Road -- and for public and semi-public buildings such as schools. A small portion of the land, about 92 acres, would be set aside for commercial development.

"And they provide more shopping and entertainment opportunities," Feldman said.

What the land additions do no matter their use, though, is give the city a say in determining that ultimate use.

"If the land is in the city, we control our own destiny instead of being controlled," Growth Management Director David Watkins said.

The bulk of the land will be used for residential development.

Homes planned in most annexed sites are in the $300,000 to $400,000 range and higher, Watkins said. He said the more upscale homes bring newcomers from all over. And, he said, they pay for the services needed to support them. That includes increased police and fire departments, schools, parks and civic buildings.

"Before we were a small, suburban lower middle-class city. We were building $60,000 to $80,000 homes, and that was a problem because they didn't break even for services," he said. "With higher-priced homes, I think you'll see us become a more diverse, upper-middle-class city with many cultural opportunities."

The numbers sound daunting. But Franck Kaiser, CEO of the Home Builders and Contractors Association of Brevard, said nothing will be built quickly.

"There will be no large developments coming out of the ground in the next year or two. The demand is gone right now and it will take another year or so to adjust and recover."

Watkins noted that Bayside Lakes, which began development in 1997, is still only about half built out. He estimates it will take 20 years for all the plans southeast in the city to materialize.

Still, Palm Bay Realtor Colin Forde said the newly-annexed southeast sector of the city should be booming in five to seven years. "The numbers are significant with huge developments," he said.

Growth at what cost?

While city leaders agree annexation is necessary to give them a say in land-use issues, others say annexations allow for more houses per acre than Brevard County regulations would allow, which will contribute to urban sprawl, traffic congestion and the loss of open space and wildlife habitat.

"Annexing 40 square miles in two years is pretty impressive or frightening, depending on the lens you use," said Aubrey Jewett, associate professor of political science at the University of Central Florida. "There's no definitive answer if it's good or bad, but all over the state, cities are aggressively annexing land."

Lisette Kolar, who helped formed the town of Grant-Valkaria, said Palm Bay "is building another city the size of Melbourne with pristine and endangered land. It will turn this end of the county upside down."

She said if the city annexes the buffer area, it could affect species' gene pools.

"If Palm Bay wants to be a good municipal citizen, they need to rethink that annexation," she said.

Sandy Hart, a retired teacher of the deaf who now raises butterflies in Palm Bay, is worried about the impact of the proposed developments.

"It's just sprawl and it's scary. People will wake up one day and say, 'Oh, my God. How did this happen?' "

Annexations don't contribute to urban sprawl, countered Rebecca O'Hara, deputy general counsel for the Florida League of Cities. "That is caused by building roads and schools where growth ought not to go. It's more expensive to infill than to build a new development in the hinterlands," she said.

Trend may end soon

Watkins, Palm Bay's growth management director, expects the surge of annexations to stop soon.

"We have natural boundaries. We have the St. Johns (River) on the west, the canal dividing us from Indian River to the south, Melbourne and West Melbourne north and Babcock Street, Malabar and now Grant-Valkaria to the east."

Another 1,800 to 1,900 acres -- about three square miles -- are all that remains to even out the borders, Watkins said.

For residents, the rapid growth changes their city, and not necessarily for the better.

Danny Norman, 46, who lives behind the newly-opened Sunrise Elementary School on Tennessee Street, isn't happy with the past decade's changes.

"It's a mess. I wish I could stop it," he said.

When Norman, who works in construction, moved in, there were orange groves behind his home and "nice woods" all around.

Now, he said, the air-conditioning unit on the school is noisy, the lights from the parking lot are intrusive and school buses coming out at a curve are dangerous.

And he said truck traffic can be overwhelming.

Terranova said that while houses are popping up like mushrooms around her, plenty of homes remain unsold.

"Some of them are still vacant," the 23-year resident said.

She thinks the city is growing too fast, although she likes having a school nearby.

But she wants to ensure that older residents aren't forgotten.

"We've never gotten our roads paved," she said. "There's grass growing through it."

Contact Jump at 409-1423 or ljump@brevard.gannett.com.

A rural reserve

By TONY HOLT
wholt@hernandotoday.com


NOBLETON — Nestled in the thick woods that outline the east bank of the Withlacoochee River sits Nobleton — a safe distance from concrete clutches of Brooksville.

In fact, those living in the far northeast corner of Hernando County are convinced many of their neighbors to the south have no idea Nobleton even exists.

“When you go to Brooksville and you tell them about Nobleton, they’re like, ‘where’s Nobleton?’” said Ursula Garnett, a cook at Riverside Restaurant, a regular hangout for local residents.

Whether Garnett knows it, or not, many people beyond Nobleton’s boundaries have heard of the community because of the cuisine offered at Riverside, which is located along the main drag at 29250 Lake Lindsey Road.

Among the many items on the menu is the juicy, one-of-a-kind Nobleton burger — which is topped with grilled onions, mushrooms, Swiss cheese, black olives and mayonnaise.

The menu is not all that is unique about Riverside — which is often referred to as the “Nobleton Hilton” by local residents. It is also an attraction for anyone riding through the community on horseback. The restaurant has its own hitching post. On any given day, there may be as many horses tied up behind the restaurant as there are parked cars or trucks.

“They come here anytime, sometimes during the middle of the week,” said co-owner Kathy McKeen, who runs the restaurant with her husband, Rex.

The couple have owned Riverside for nine years. A fire destroyed the original building in 1996. They purchased it soon after it was rebuilt the following year, McKeen said.

“They treat us horse people wonderful,” said Becky Swierdloff, a regular at Riverside.

Swierdloff is among the many people in the area who bristle at the thought of the pristine nature attraction being turned into something more suburban.

She recalled a time when someone wanted to build a marina and restaurant along the river several years ago. That idea was thoroughly rejected by those preservationists who wanted the place to remain the same, unmolested landscape it has always been.

“It makes us all angry,” she said, referring to the prospect of developers one day infiltrating their community. “We don’t want it to look like Spring Hill or Brooksville. We want to keep it as natural as can be.

“Down here, you can feel what Florida was like before people came here,” Swierdloff continued, “back when it was untouched.”

“I think it’s going to happen one day,” said Patty Charnecki, who moved to Nobleton six years ago. “It’s just part of life.”

She currently owns the decades-old convenience store that once was the community’s post office. She and her husband are digging out the gas lines and renovating the inside. They hope to turn it into an antiques store and art gallery.

“I really like the plainness of it,” Charnecki said. “You go to the post office to pick up your mail and you see everyone. This place has an old-time wonderful feeling, which unfortunately you can’t find elsewhere.”

Nobleton was reportedly founded in 1925 by the Nobles family, which moved to the area from Michigan. Several houses were quickly built, as was a convenience store, recreation building and a boat dock.

The community was established near the Coastline Railroad, but a station was never built. That is likely why the area never significantly grew in population.

Nobleton did undergo a few minor changes during the next few decades, many of which were supervised by Ada Farnham, who once served as the community’s postmaster.

She moved to Nobleton in 1959 from Ohio. Soon after, she and her first husband purchased the convenience store off Lake Lindsey, now owned by Charnecki and her husband, and converted part of it into the post office.

The postal service wanted more space, so she had a new building constructed in 1974. Her house is located directly behind it.

Farnham, who has since remarried, retired as postmaster in 1989. She was affectionately known by many in the community as “Mayor Ada.”

She got close to mostly everyone in those days because Nobleton never had a mailman. It still does not to this day. People must walk, ride or drive to the post office to pick up their mail.

Farnham was the face of Nobleton for more than 30 years. Many still think of her that way, but she no longer does.

Farnham, 86, sees a different community today. The people who used to regularly visit her are long gone.

“When I came here, it was all older, retired people,” she said. “I knew everybody then. Now it’s all new people and I hardly know anybody.”

The day Farnham retired, the county declared it “Miss Ada Day.”

Today, she has her husband and a few friends and relatives. She walks with a cane and rarely wanders far from her house.

One afternoon, while Farnham was sitting in her back yard, a man was approached by a reporter to talk about his life in Nobleton. He was reluctant about being quoted in the newspaper, but he turned and noticed “Mayor Ada” sitting on her patio chair.

He pointed and said, “That’s who you need to go talk to.”

Reporter Tony Holt can be contacted at 352-544-5283.

Posse sale deemed OK, but actions critiqued

By Hector Florin

Palm Beach Post Staff Writer

Thursday, November 30, 2006

WEST PALM BEACH — While some actions surrounding the county's sale of 10 acres of land three years ago were "unacceptable," County Administrator Bob Weisman said the decision to award the land to developer Bruce Rendina was not flawed.

The former Mounted Posse property on Belvedere Road and State Road 7, set to be annexed into Royal Palm Beach, was the subject of a criminal information charge against former County Commission Chairman Tony Masilotti, who received gifts from Rendina as he cast a vote to sell Rendina the land. Masilotti closely followed details of the property's sale.

In a report on the sale delivered to county commissioners Wednesday, Weisman said the late addition of Royal Palm Beach Village Manager David Farber as one of three people evaluating bidders' proposals, as well as the faulty tape recordings of a key meeting, "contribute to a perception of carelessness or lack of forethought" and "feeds the perception that something improper could have occurred."

Weisman said naming Farber to the committee "should not have occurred."

Though not legally required, all meetings involving competitive proposals now will be taped and changes such as the addition of Farber, unless unavoidable, will not be allowed after responses from prospective bidders are received, Weisman said.

Otherwise, the Posse sale, "in many respects, was a well-conducted" process, Weisman said.

Weisman's report will be discussed at Tuesday's commission meeting, and it will likely be folded into wide-ranging talks over the role of consultants who have done work for the county while also representing private interests and how conflicts of interest can be prevented.

Earlier this month, Ross Hering, director of the county's real-estate division, also concluded the bids were evaluated fairly in a report to Weisman on the Posse property sale.

Hering said he had decided to replace a county employee with Farber on the three-member committee that judged which private proposal worked best for the land because of the likelihood the property would be annexed into the village.

Farber eventually gave Lennar Homes, the highest bidder for the Posse land, a zero score, which helped elevate Rendina's proposal to the best-ranked.

As Royal Palm Beach mayor in the 1990s, Masilotti voted to hire Farber as village manager. Farber also attended one of Masilotti's daughter's weddings this year.

The appearance of conflicts also existed with West Palm Beach-based Kilday & Associates during the Posse property deal.

Collene Walter, a firm partner, represented Shapiro/Pertnoy Cos. before the county's proposal to sell the Posse land was sent out to potential bidders. Shapiro/Pertnoy became one of the bidders.

Later, another employee with the firm studied impacts of the proposals for the county, but did not participate in the bid rankings.

Kilday & Associates has also represented Rendina's companies in other projects, but not for the Posse property.

Once the county asked the firm to review the traffic and land use impacts of each of the proposals, Walter said she removed herself from representing Shapiro/Pertnoy.

Hering said he disclosed that potential conflict to the bidders.

But that situation "is at least undesirable," Weisman wrote in his report. He has asked county department heads to identify potential conflicts with third parties involved in any selection processes.

Lame ducks may get big vote

Groveland's 2 newly elected officials may not get to act on a 3,300-home plan.

Robert Sargent
Sentinel Staff Writer

November 29, 2006

GROVELAND -- The City Council could annex a huge area proposed for thousands of homes just weeks before swearing in two newly elected members who aim to bring the area's tremendous growth under control.

Last month, the owner of Cherry Lake Tree Farm asked to come into Groveland with plans to redevelop the sprawling landscape nursery into a large community of up to 3,300 homes. The project is big enough to more than double the current population of a city that already is among Lake County's fastest growing.

Concerns about immense development helped controlled-growth candidate Matthew Baumann defeat Mayor James Smith in the Nov. 7 election. Paul Keller defeated council member Roy Pike.

Baumann and Keller are scheduled to join the City Council on Jan. 2. But on Monday their opponents and the rest of the council will have the first of two hearings to consider annexing the tree farm. The final vote is scheduled for Dec. 18.

Baumann said Groveland should delay the decision.

"You're looking at increasing the city by more people than live here now," he said. "I'd like to have a chance to vote on that myself."

Keller said he does not think the city is intentionally trying to annex development before he takes office. But he also wants the chance to vote: "I'd like to have a say on it," he said.

Cherry Lake owner I.M.G. Enterprises wants to redevelop about 1,083 acres to allow 2,441 homes, 405 apartments, 312 town homes and 150 condominiums. Also included would be 190,000 square feet of commercial and retail businesses and 150,000 square feet of office space.

When completed by 2024, the development is expected to have 7,848 residents. Groveland's current population is estimated at a little more than 6,000.

Smith said he thinks the city should move ahead with the Cherry Lake vote.

"I don't think we should delay an action just because we have new council members coming," he said.

If council members approve the annexation, they could vote from the early to the middle part of next year on changes to the city's comprehensive development plan to accommodate the large project. The East Central Florida Regional Planning Council is reviewing the Cherry Lake proposal -- a recommendation from that group also is expected next year.

Groveland is working to expand water and sewer utilities and other services to keep up with its enormous growth.

More than 7,000 new homes are proposed in the area. If approved, Cherry Lake would push that total to more than 10,000 -- requiring even more expansion of city services.

During the recent elections, Baumann and Keller both said the city should better focus on infrastructure before approving more growth.

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

Shady Haven saved -- for now

County blocks a plan for condos at Englewood mobile home park

ENGLEWOOD -- Following an emotional debate that crystallized the conflict of old-versus-new in historic downtown Englewood, county commissioners decided against a plan to turn aging Shady Haven Mobile Home Park into condominiums.

Sarasota developer Mark Flannagan wanted to replace the weathered, mostly vacant 50-year-old park with a 84-unit, $50 million condo development. But the Sarasota County Commission shot it down because of fears about storm safety and concerns the condos wouldn't mesh with the neighborhood.

The decision appeared to be a victory for residents who want the old Englewood neighborhood to remain a quaint, Old Florida community. But County Commissioners made clear the mobile home park is destined for redevelopment as soon as the right project comes along.

Shady Haven's 108-trailer park dead ends on Lemon Bay amid towering pine trees and the quiet hum of the nearby West Dearborn Street commercial district. But only about a dozen full-time residents live at the park, which critics describe as dilapidated and activists label charming.

Ernie Redin, a 61-year-old Vietnam War veteran who has lived at the park for four years, was glad to see the condo plan fail. At the same time, he understands the park and its $320-a-month rent can't last forever.

"The commissioners, they don't analyze and study by heartwarming stories," Redin said. "They deal in money."

More than 80 residents spoke during the five-hour hearing. Many longtime residents emotionally described how they feel the condo project symbolizes the way old Englewood is changing. Others said the trailer park, one of the county's oldest, is past its prime.

Park owner Mary Allseits choked back tears as she explained why Shady Haven is "no longer a viable business." She planned to sell the park to Flannagan for more than $7 million.

"The fact is we have run this business from our heart for 23 years," she said, pausing as tears welled in her eyes. "It is functionally obsolete."

Some residents suggested the county should buy the land for a public park. Others asked if the space would be better suited to a park for modern recreational vehicles or some other similar use.

"Please help keep our small town ... so we can keep on picking our fruit and enjoying the tie-dyed sunsets," said Englewood activist and resident Betty Nugent.

The Commission vote against Flannagan's condo plan was unanimous. But Commissioner Shannon Staub said the county won't buy the property.

"This vote will not keep the mobile home park there as it is now," she added.

Commissioner Paul Mercier said he didn't "see any soul to this project." Commissioners Jon Thaxton and Joe Barbetta both feared the condos could be located in a dangerous position in case of a hurricane. The commissioners agreed the proper course was to wait for a better redevelopment project.

"I would agree that the mobile home park is doomed," Thaxton said. "We're going to get other shots at it."

The county Planning Commission recommended denial of the project in September. But Brian Lichterman, a former county planner who consulted on the project, said the condos would be in classic Key West style and add more to the neighborhood than the old mobile home park.

The developer added an offer of more than $1,300 for the remaining mobile home owners. But it wasn't enough to assuage the commissioner's concerns. Neither was a series of meetings Flannagan's development team held with neighborhood residents.

"At each one of those meetings, we heard what they said and tried to respond to some of their concerns," Lichterman said.

Flannagan said he does not have plans to change or resubmit the proposal.

County Commission members said the residents' parade of evidence and anecdotes played a role in their decision to shoot down the condos. One of the residents was Donald Platt, who has spent most of eight decades in Englewood.

"Preserve the uniqueness of Old Englewood," he told the commissioners.

County, landowners spar over Samsula

Residents want more businesses in the tiny area

Denise-Marie Balona
Sentinel Staff Writer

November 29, 2006

DeLAND -- Frustrated landowners and county leaders met in a county conference room Tuesday for the first round of a battle over how rural the tiny Samsula community should be allowed to remain.

The county made its decision last year, essentially freezing in time the historic town known for its Christmas tractor parades, boiled peanuts and farmer's fields. Volusia County leaders put restrictions on how land could be developed and even tried to stunt growth by prohibiting water and sewer lines that aren't needed specifically for health and safety reasons.

The County Council adopted the plan and the state even gave it a nod. But landowners who had visions of building shopping centers or simply wanted the right to rezone their property and sell it to developers filed a lawsuit against the county and state to get what they want.

Before the opposing sides face off in a trial in front of an administrative-law judge, they decided to meet Tuesday and try working out their differences.

The landowners' Daytona Beach attorney, Glenn Storch, argued that some residential land should be allowed to become commercial and have access to water and sewer lines. He said entrances into Samsula along busy State Road 44 and Airport Road should feature some businesses. It could be designed after historic architecture and serve as a buffer between Samsula and its growing-like-lightning neighbors to the north and east -- the cities of Port Orange and New Smyrna Beach.

Storch also said the area around the busy intersection of State Road 44 and State Road 415 shouldn't be included in the nearly 5,000 acres being preserved in Samsula through an amendment to the county's growth plan last year.

The area at the crossroads is already home to the New Smyrna Speedway and a convenience store, he noted.

The county didn't agree with excluding the area around the intersection or some of the other proposals. But officials asked landowners to show how adding businesses could help preserve Samsula's character.

Another meeting will be held in late January.

"To me, there are some real issues of contention we need to talk through some more," said assistant county attorney Mike Dyer. "We think we have a very strong amendment."

After seeing how quickly eastern Volusia has grown, residents of Samsula urged the county to protect them from intense development.

But the president of the activist group that led the push for the new rules said Tuesday he was open to considering some of the changes the landowners want. For example, it might benefit residents if they can choose the types of businesses that line the main roads into town, said Doug McGinnis, who heads Samsula and Volusians For Our Environment.

"I think it's much better to do planning in advance than let growth catch up with you and it becomes an impossible situation," he said.

McGinnis said residents will gather for meetings possibly in December and January to debate Storch's proposals.

Storch also said these new businesses could be charged fees and the money could go toward such things as historic signs in the town.

Ron Paradise, a county planner, said the county doesn't want to bring water and sewer lines to the area, something else that encourages growth.

Donnie Owens, who owns 5 acres in Samsula along bustling Airport Road across from the Venetian Bay subdivision, thinks residents need another chance to express their thoughts. He missed meetings on the issue and now is upset he can't sell his land because it's not zoned for commercial projects -- the kind of projects he thinks are best suited for that busy spot.

Another landowner whose company is named in the lawsuit, Robert L. Hart, owns land on all four corners at state roads 44 and 415.

Hart, whose family also owns the speedway, would like to develop the area, including building a shopping plaza there.

"I would like to develop it for what it's best used for," he said.

dennis wall/orlando sentinelGlenn Storch, an attorney for some Samsula landowners, addresses a mediation meeting in DeLand on Tuesday. The county has restricted how Samsula land can be developed.

Denise-Marie Balona can be reached at 386-851-7916 or dbalona@orlandosentinel.com.

Samsula group seeks to ease development rules

By JAMES MILLER
Staff Writer

DELAND -- A group of landowners known as the Samsula Coalition wants looser development restrictions on roughly 5,000 acres in the unincorporated community, but Volusia County officials balked Tuesday at the proposals.

Coalition plans, presented by attorney Glenn Storch, favor additional commercial development and encourage extending utility services to the area that borders New Smyrna Beach and Port Orange.

County officials got their first look at the proposals Tuesday during a mediation session moderated by the state Department of Community Affairs.

Coalition members challenged changes to the county land-use plan made in September 2005. The changes included a "local plan" that discourages certain types of development and density increases and limits commercial development to existing commercial areas.

Storch proposed:

· "Reconfiguring" or possibly adding to the commercial area at the intersection of State Road 415 and State Road 44. Much of that land is owned by Robert Hart and his family, who own the New Smyrna Speedway and are part of the coalition.

· Creating an urban-to-rural transitional zone along Airport Road from Port Orange city limits to Pioneer Trail, including the corner southwest of that intersection. Some additional commercial development might be allowed there with architectural standards reflecting Samsula's Slovenian heritage.

· Allowing subdivision of some lots into five-acre parcels.

· Creating a "Rural Center" for such things as a farmer's market.

The first two elements triggered the biggest county concerns.

About 60 acres around the S.R. 415 and S.R. 44 intersection, including the New Smyrna Speedway, is already zoned commercial, property owner Hart said. He said he would like to get water and sewer lines there. On first blush, county officials balked. The plan says such services should only exist if public health and welfare require them.

County officials said additional commercial in the transitional zone could put traffic on roads that can't handle it.

Doug McGinnis, president of Samsula and Volusians for our Environment, which first asked the council to pursue the plan, said the group would listen to the ideas.

"They're made by people that live out in Samsula so they're well worth considering," he said.

Mediation will continue through January. Any changes in the plan would have to go back to the County Council. If no agreement is reached, an administrative judge will decide whether it should go forward.

"I always see the good in things," Storch said. "I see ways of making this a better plan, I think. So we'll keep plodding along."

james.miller@news-jrnl.com

Rising road work costs mean fewer projects

Bill Koch
Staff Writer

BUSHNELL - The skyrocketing cost of construction materials has forced the Florida Department of Transportation to make some major changes to road construction plans in Sumter County.

Transportation Department official David Marsh said state officials have had to reconsider plans made only two years ago for several local road projects.

Marsh updated Sumter County commissioners Tuesday evening on the department's 5-year road plans.

Marsh, who has been with FDOT for 15 years, said the construction bills reflect "the highest cost increases we've ever seen."

The rising cost of cement, dirt, steel and asphalt has created a $300 million deficit in the department's statewide budget.

In the last two years, costs for dirt rose about 300 percent, concrete 200 percent, steel 200 percent and asphalt 150 percent, Marsh said.

"Because of that, we had to stabilize our work program," Marsh said.

Marsh said the department will not add any new road projects for at least the next six years.

"That, in essence, is the bad news," he said.

Marsh said the money may allow the department to begin work in three years, but added that he was worried that continuing cost increases may compel officials to revise plans again in another year. The difference between the loan amount and a future project construction estimate may be pulled from the FDOT budget, he said.

The sharply rising costs have already forced road engineers to chop out portions of the planned widening, which was originally slated to expand U.S. Highway 301 from two lanes to four between Wildwood and Marion County Road 42.

The Villages builder is widening portions of U.S. 301 around the County Road 42 intersection and Sumter's County Road 466 intersection.

Once the projects are completed, travelers going from Wildwood to Belleview will navigate six changes between four and two lanes.

The state money is going to buy rights of way for the eventual widening of U.S. 301 in the two-lane areas between and beyond those two intersections.

"The intent was to do the entire 301," Marsh said.

The county, The Villages and the Transportation Department entered into a cost-sharing agreement five years ago to widen to four lanes the county's main north-south thoroughfare.

In other areas, parts of a plan to widen to six lanes portions of Interstate 75 also fell beneath the budget ax, Marsh said. The estimated cost to add lanes from the Hernando County line to Florida's Turnpike increased by $6.5 million. The department still intends to seek rights of way along the interstate, but construction funds are unavailable.

Two road projects were scrapped altogether - a sidewalk along County Road 475 in Bushnell and widening U.S. 441/27 to six lanes from Buenos Aires Boulevard in The Villages north to the Marion County line.

When developers pay up, neighbors often back down

By Thomas R. Collins

Palm Beach Post Staff Writer

Wednesday, November 29, 2006

PALM BEACH GARDENS — The residents of the Bent Tree community in Palm Beach Gardens were loud and clear when the new Southampton townhouse community, just to their south, came to city council members for approval:

We want it to be two stories, not three, they said, with some pointing to developer greed as the only justification for the extra story.

But finally, an agreement was struck.

Some, but not most, of the buildings were reduced to two stories, and some changes were made to the architecture.

Another part of the deal was cash.

The Bent Tree Property Owners Association was pledged $25,000 by developer Hovstone Properties Florida, money that was later divided among 11 homeowners who were free to spend it however they liked.

Residents dropped their opposition. And the gift, made last year, wasn't publicly discussed.

Bent Tree couple Joel and Barbara Buschek, aghast at the payment that was hashed out between the developer and a few residents, recently moved out of the area, calling the city corrupt.

They were particularly disturbed by the silent acquiescence of their elected officials.

"The whole thing stunk," Joel Buschek said. "What they did was teach the homeowner's association you can operate in secret and get away with it."

Developers have routinely enhanced their projects in various ways to appease residents or elective bodies. Sometimes they add trees or bushes. Sometimes they include another patch of lawn. Sometimes, they make design changes. And sometimes, they make a payment in cash.

Bent Tree is just one example.

In West Palm Beach, a $250,000 gift from The Related Group was pledged clandestinely to a neighborhood association the day before a commission vote on a condo project last year. Residents heaped praise on the project, and city commissioners granted the project exceptions to city rules.

Not all of the payments are made secretly.

A promise of $5 million for minority economic and educational programs sealed Palm Beach County Commissioner Addie Greene's vote for the winning Scripps site earlier this year. An official complaint led the state ethics commission to rule that the gift wasn't illegal but that involvement by Greene in disbursing the money might be improper. A foundation overseeing the money that's been formed since then does not include Greene as a member.

In another Palm Beach Gardens case, the city council in May accepted $500,000 for a trolley or light bus system from developer Kolter Communities when it approved a waiver allowing two, 12-story condo towers called Gardens Pointe in an area with a height limit of about four stories. They reasoned that waivers may be granted if the city benefits.

Later, council members had second thoughts, saying the deal was a venture into "fairly treacherous waters" and that money for transit shouldn't come "at the sacrifice of our quality of life." But the condo approvals stood.

In St. Lucie County, cash was exchanged after a vote. United Homes donated $250,000 to county commissioners in April several weeks after a development was approved. Commissioners, who received $50,000 each and said they plan to give it to nonprofit groups, said the gift came as a surprise.

Part of the reason for the payments to neighborhood groups, developers say, is elected officials' demands that they pave the way for a smooth approval by negotiating with residents. They defend the gifts as attempts to be good neighbors and to improve areas where they do business.

The payments also make life easier for the elected officials, who don't have to deal with neighborhood complaints that are addressed in side agreements. Some officials criticize this as effectively delegating government to neighborhood leaders.

In the case of the Southampton townhomes, Leonard Ingrando, the president of the Bent Tree Property Owners Association who signed the $25,000 agreement, refused to discuss it. "He's not interested in speaking with you so it's not necessary to call back," said a woman who answered his phone in Tennessee, where Ingrando has since moved.

Eleanor Halperin, Hovstone's attorney, declined to comment. Steve Liller, the Hovstone official who oversaw the Southampton project, didn't return two phone calls.

When the Southampton townhouse project was first up for approval on April 21, 2005, Bent Tree residents complained that they wanted it to be only two stories high. City code allowed either two stories or 36-foot-tall buildings. The buildings proposed were less than 36 feet tall. The developer also noted that it had the right to build more units than proposed and was preserving more open space than required. But residents weren't happy.

"There is no legally justifiable reason for granting a waiver for three stories," Bent Tree resident Ruth Peeples told council members. "The only reason to grant a waiver is purely for economic reasons for the developer."

Another resident, Fran Heaslip, said she'd factored in the existing zoning when she moved to Bent Tree.

"If it had been zoned or even indicated that it might be three stories there, we certainly wouldn't have bought our house in there," she said.

Council members delayed their vote, telling Hovstone to again try to resolve residents' complaints.

On May 19 of last year, the project came up again for a vote. Developer representatives said they'd lowered the more visible buildings, those along the road and next to Bent Tree, to two stories. And improvements to the architecture were made.

No residents complained.

But word about a pledge of cash from Hovstone to Bent Tree had leaked out, and it made Councilwoman Jody Barnett, now vice mayor, uncomfortable.

"I would appreciate it if you could tell me what the terms of that agreement were," she said.

Hovstone attorney Halperin told her there was an "oral agreement" but declined to discuss it, saying, "I think that's between Bent Tree and the developer."

But Barnett insisted she wanted to know exactly how the developer had ironed out differences with Bent Tree.

Mayor Joe Russo told her the agreement had nothing to do with the buildings' height, but with concerns about noise, which had not been a major cause for objection during the public hearing in April. "I'm not interested in that agreement," Russo said.

And Barnett finally dropped it. Her comments about the agreement don't appear in the printed minutes of the meeting.

As it turned out, the $25,000 payment to Bent Tree from Hovstone, finalized three months later, didn't have to be spent on anything having to do with noise-reduction. In fact, the developer had already agreed to keep a 100-foot-wide natural preserve area between Southampton and Bent Tree, which promised to help with noise far more than a little extra landscaping would.

Eleven homeowners who lived closest to Southampton each received a check for $2,272.72, along with a letter that said, "Although this payment may be used for any purpose you choose, it is our suggestion that the money be utilized for measures which will help reduce the possible noise."

Russo said recently that he didn't want to discuss the money at the public meeting because the city attorney had said the council could only consider whether the project fit within the city's zoning codes - not arrangements between developers and neighborhoods.

"We've always been advised by our attorney not to get involved in that - it's a separate thing," he said.

At the same time, he doubted that the payments affected residents' opinions.

"I don't think anybody, for $2,000, would sell their quality of life," he said.

He said he didn't know that the money was free to be spent however the homeowners chose. "If I would have known that individuals were getting dollars instead of mitigation I would have felt differently about it," he said. "There's no question that a cash payment for anything is wrong."

But about a year ago, Bent Tree residents who were outraged by the payment demanded an investigation and sent paperwork to the city documenting it all, and nothing was done.

"I'm very disappointed in the management of the city of Palm Beach Gardens, and when they tell me something now, I have to believe it's a lie," said Bent Tree resident Ann Gott, who explained she wasn't opposed to the development but to the secrecy of the city and the Bent Tree Property Owners Association.

Two homeowners who received a payment said they spent most or all of their money on landscaping. Another said she "would prefer not to answer." The others either didn't return calls or couldn't be reached.

Council member Barnett said cash payments, especially to neighborhood groups, are inappropriate because it might encourage residents to try to cut deals with developers rather than engage in public discourse.

"It has a chilling effect on that community voicing their opinions on what's going to happen next door," she said. "If deals are cut in private, is that ever really the best solution? And if it is the best thing for the community, why wasn't I allowed to ask the question?"

She said elected officials need to represent residents more effectively so that residents aren't tempted to broker backroom deals.

"They trust in their own power of negotiation better than trusting what the city commission will do for them," Barnett said.

Gott said the controversy in Bent Tree has destroyed the neighborhood.

"It used to be a wonderful community," she said. "Now it's total night and day in that community after this whole trauma that went on. So many people have moved out. So many people have no regard for the community. They just want to be left alone."

Even worse, such cash payments pave the way for others, Joel Buschek said.

"What's to stop the corruption from blossoming?" he said. "I mean, if you can do it for this amount of money, why not do it for more? If a developer can give this money, that's dangerous - a very dangerous situation, I think, with regard to our government."

Mayor Lovell: Attract industry or perish

Joshua Davidovich
Staff Writer

LEESBURG - Leesburg's outgoing mayor warned the city Monday that it must do something to find industry or find itself surrounded by senior communities and with nothing but service jobs in the city.

Bob Lovell called on the remaining commissioners to develop a 10-person industrial commission to find ways to lure higher paying jobs and better benefits to a city he says offers nothing but service and construction employment opportunities.

"We need companies that pay salaries and benefits so people can stay in Leesburg and have something to do other than rob banks or convenience stores," Lovell said.

Lovell is leaving office in January after 22 years on the City Commission. During that time, he said, many companies have shown an interest in Leesburg - but the city has a chronic problem with closing the deal.

"Leesburg has had opportunities for a large variety of industries," Commissioner David Knowles agreed. "We want high paying jobs for people who live in Leesburg."

The final straw, Lovell said, was Cutrale's decision to close a large portion of its orange juice plant, leaving only a small percentage of its operations running and doing away with scores of jobs.

"Everything was related to agribusiness, but it's all gone and Cutrale is the last vestige of it, but I don't know how long we'll have that," he said.

He is hoping a commission made up of community leaders with both business acumen and rolodexes full of economic and political connections will help lure industry that can keep the city afloat.

Not everybody agrees that the city can still lure these types of jobs, though.

"It's a little like closing the barn door after the horse is gone," City Commissioner Lewis Puckett said.

Lovell said he waited until now to make his pitch so the new commission, on which Bill Polk will serve in his place, could run with it. He said he has lined up a couple of businesspeople to serve on the commission, which he suggests should consist of volunteers appointed by the city commissioners.

City manager Ron Stock said creating such a board could actually have a chilling effect, because the commission would have to operate under Florida's Sunshine laws. Meetings would have to be out in the open, possibly scaring away investors, Stock said.

"It shouldn't be a city commission but a city effort," Stock said. "Encouraging a group to form, supporting it, helping it with staffing time or resources might well be a positive thing to do, but I'm going to try to discourage that part of the conversation where (Lovell) said each commissioner should appoint two (members)."

However, Lovell, and others, still believe something must be done to keep young people entering the workforce in Leesburg.

"We have the service industry, but you can't raise a family with her making $6 an hour and him making $8. You can't make a living cleaning swimming pools and dishing out hamburgers," Lovell said. "America is all about investing and risking and reaping the rewards of your investment. We have got to have elected officials who understand that."

A scenic status symbol

The Loop may earn formal state designation

By DINAH VOYLES PULVER
Environment Writer

A few of the oldest historic sites and most beautiful scenic vistas in Volusia and Flagler counties lie along one 30-mile set of roads.

 

Soon that route, past sugar mills, bird-filled marshes and ocean, may receive a formal state scenic designation, a status symbol that could help steer future plans for the roads and garner money for improvements.

"It will help us preserve and protect and set standards for development along The Loop," said Joe Jaynes, a former Volusia County Council member who is chairman of the Ormond Scenic Loop and Trail Corridor Advocacy Group.

The main section, known by locals as The Loop, is popular for wildlife viewing and cycling. But by merging with a group trying to achieve a scenic designation for State Road A1A, the project grew to encompass 30 miles. It loops past Tomoka, Bulow Creek and North Peninsula state parks.

It includes portions of S.R. A1A, John Anderson Drive and Old Dixie Highway, North Beach Street between Granada Boulevard and Highbridge Road, as well as Walter Boardman Lane, Highbridge and Granada between S.R. A1A and North Beach Street.

The Ormond Scenic Loop group learned from the state in August that its proposed route was eligible for designation. Then work began on a management plan to outline goals and strategies for preserving the roadsides and adding walking trails and parking areas for the scenic vistas. The state Department of Transportation provided a grant to pay a consultant to prepare the plan.

The plan could become a guiding document that local governments such as the city of Ormond Beach and the county could choose to adopt, Jaynes said. The corridor effort already is a partnership with the city and county. Each has an employee assigned to the group.

The corridor is one of four scenic highway projects Volusia County has in the works, said Laureen Kornel, a county planner who manages the projects.

The Ormond project has the potential to acquire national significance, she said, because it could tap into the national Scenic and Historic Coastal Byway designation that Flagler and St. Johns have received for S.R. A1A.

A public meeting to review the management plan is scheduled from 7 to 9 p.m. Dec. 12 at Ormond Beach City Hall, Jaynes said. The application then will be forwarded to the state and the group hopes to receive the scenic designation in the spring.

Long term, the advocacy group would keep track of what's happening along the corridor, Jaynes said. And, the group hopes to partner with Florida Power & Light one day to bury power lines along the roads.

Scenic Loop corridors

Four scenic corridors are in the works in Volusia County. Two have been declared eligible for designation by the Florida Department of Transportation. The two are:

· Ormond Scenic Loop and Trail Corridor, about 30 miles, including portions of A1A, John Anderson Drive and Old Dixie Highway, North Beach Street between Granada and Highbridge Road, as well as Walter Boardman Lane, Highbridge Road and Granada between A1A and North Beach Street.

· Florida Black Bear Scenic Byway, about 60 miles along State Road 40 from Silver Springs east to Interstate 95. Eligibility applications are being prepared for:

· Heritage Crossroads: Miles of History, 113 miles, including U.S. 1 from C.R. 204 to Old Dixie Highway; State Road 100, from C.R. 205 to the Atlantic Ocean; S.R. 11 from U.S. 1 to Volusia County line, S.R. 13, (Old Brick Road) from C.R. 204 to S.R. 13; S.R. 5A (Old Kings Road), from U.S. 1 to Old Dixie Highway; C.R. 204, from U.S. 1 to C.R. 13; C.R. 205, from C.R. 13 to S.R. 100; C.R. 201,(John Anderson) from S.R. 100 to Ocean Street, Old Dixie Highway from U.S. 1 to Ocean Street; Ocean Street from C.R. 201 to Walter Boardman Lane.

· River of Lakes Heritage Corridor, 116 miles. The final roads are still being determined but it tentatively includes, U.S. 17 and 17/92 from the Flagler County line south to the Seminole County line, and may include some spurs, such as county roads 3, , 4053, 4116, 4139, 4145, 4155, 4162, 5758, and state roads 11, 44 and 415.

dinah.pulver@news-jrnl.com

Landscape clearing stumps officials

County forester leads probe

By JOHN BOZZO
Staff Writer

DAYTONA BEACH -- Volusia County officials began investigating Tuesday whether some of the landscaping along The Loop on Old Dixie Highway in Ormond Beach was removed illegally.

A few small palm trees, scrub oaks and undergrowth were removed legally two weeks ago, said George Recktenwald, county Public Works director.

"Public Works crews trimmed new two entrances that had bad sight hazards along the road," Recktenwald said. "That work was done along the right-of-way and is perfectly legal. We constantly trim and remove hazards."

But in addition to the county work on public right-of-way, Scott McCarthy, of McCarthy Builders, said his company did some landscaping work at the entrance to the Toscana subdivision on Old Dixie Highway.

McCarthy said he had a county permit for the work.

McCarthy said residents of his Toscana development had complained about dangerous road conditions.

"We've had darn near a fatality because the sight lines are bad," he said.

The Ormond Loop Scenic Corridor is considered the most beautiful local drive.

Running between Interstate 95 and Ormond Beach, the drive passes through hammock, pineland, estuary marsh, old growth forest and primeval forest.

Ginger Adair, county forester, said the Public Works Department work was done properly, but she was investigating cutting at the entrance to the subdivision.

"Some work was done by the Road and Bridge Department to clear sight angles for safety," she said. "That work was done according to our rules."

As for the work at the subdivision entrance, Volusia County issued a permit earlier in the year for installation of drainage.

"We did issue a use permit for some work on that right-of-way earlier this year, but it didn't authorize the level of clearing that has occurred," Adair said.

Adair said she was investigating Tuesday and it was too soon to say whether a violation had occurred, and what penalty might be assessed.

john.bozzo@news-jrnl.com

Budget woes harm area wildlife refuge

Pelican Island will lose its only ranger

BY JIM WAYMER
FLORIDA TODAY

Many days, Joanna Taylor is the only one to explain to visitors why white pelicans flock from so far to this tiny island, America's first wildlife refuge.

Often, the sole ranger at Pelican Island National Wildlife Refuge is a one-woman welcoming center. She cherishes the role and the refuge, so she took hard the news that, after almost two decades with the national system, she would no longer have a job.

Two vacant positions -- a biologist and a biologist technician -- also will go, as will a forester at the Merritt Island National Wildlife Refuge.

They are among about 90 refuge jobs that will be eliminated within the next three years in the U.S. Fish and Wildlife Service's Southeast region. The cuts add to 68 positions done away with in the past two years, for a combined 2 in every 10 in the 128 refuges.

"I wasn't expecting after
20 years of service that my position was going to be abolished," Taylor said. "I've grown to love this area, and I've seen this refuge evolve in the past six years I've been here."

Nationally, the refuge system plans to cut its $380 million budget by 10 percent, or about
$38 million. While the exact number of job cuts has yet to be determined, the most significant impacts are expected at refuges in Florida, Arkansas, Georgia, Louisiana, North Carolina and South Carolina.

Refuge officials say the cuts are needed to free up more dollars to operate and maintain the refuges, and that they'll make do.

"We are a kind of can-do agency," said Dorn Whitmore, a refuge ranger at Merritt Island National Wildlife Refuge. "We find ways to keep the refuges open. We just have to find a way to make it work."

But others fear even basic tasks such as trash pickup could falter, and that decades of collective wisdom and experience in managing wildlife will be lost.

"There are literally a few thousands of years of people who are saying, 'Why fight it?' " said Grady Hocutt, a retired long-time refuge manager who tracks refuge issues for Public Employees for Environmental Responsibility, a nonprofit based in Washington, D.C. "Where does stewardship get lost when the business is one of counting beans?"

For Pelican Island, the cuts mean no one to guide school and volunteer groups or organize an annual wildlife festival, possibly an end to the turtle watches Taylor guided at the nearby Archie Carr refuge, and larger gaps in gathering data for sea-turtle nesting and other wildlife.

On the Merritt Island refuge, the loss of a forester could result in fewer prescribed fires to keep scrub habitat healthy and prevent larger, more dangerous fires.

Fixed expenses grow

U.S. Fish and Wildlife officials point to increased demands on the federal budget from homeland security, emergency hurricane relief and the wars in Iraq and Afghanistan. Meanwhile, Congress kept the refuge system budget flat during the past several years as salaries, energy prices and other fixed expenses grew.

They say they need at least a
$2 million increase annually just to maintain current staff levels and keep pace with cost-of-living and other increases.

The service also has a goal of spending at least 20 percent of each budget to operate the refuges, or no more than 80 percent on salaries and benefits.

Operating costs include maintaining levees, printing hunt brochures and buying equipment such as computers and binoculars. But on average, refuges use about 10 percent to 15 percent for operations.

The Merritt Island refuge uses about 5 percent to 8 percent of its $1.7 million budget for refuge operations. Another $658,000 goes toward a fire management program that includes other Central Florida federal lands.

Almost all of Pelican Island's $300,000 budget, about $288,000 of it, goes to salaries and other fixed costs.

"We don't have hardly any margin at all," said Paul Tritaik, refuge manager for both Pelican Island and Archie Carr. "Since so much of our budget is tied up in salaries, the only way that we can create any operation margin is by reducing salary costs."

Seventeen of the positions slated for cuts in the refuge system's Southeast are now vacant and won't be filled. The service has requested authority from Washington, D.C., to offer voluntary early buyouts to free up more spots for workers displaced.

Protection concerns

Refuge advocates warn that the service can't trim any leaner without undermining its wildlife protection role, a fact that has caused morale to plummet and fears of a slippery slope.

"Call it what it is. It's mothballing," said Hocutt of Public Employees for Environmental Responsibility. "You basically put it in a box and hope better times will come."

Walt Stieglitz, treasurer of Pelican Island Preservation Society, a volunteer group, worries about refuges nationwide.

"This is a chronic problem for the refuge system," Stieglitz said. "For the last 50 years, this is probably the worst it's been. It's a major, major crisis for the refuge system.

"The bottom line is that we have to get the Congress and the administration interested enough to do something about it."

Volunteers only can pick up so much slack, he said, but they don't know the refuge like Taylor does. "We can help alleviate the pain, but there's no way volunteers can help take the place of four vacant positions," Stieglitz said.

Treasured place

Archie Carr is a premier beachfront nesting ground for sea turtles.

On a recent day, Ranger Taylor greeted visitors Vikki Knight and Maryilyn Owens of Coral Springs.

She answered questions about the white pelicans -- more than 30 species of birds roost on the island.

After hearing America's first refuge would lose its ranger, Knight planned to write her congressmen.

"That's sad," she said. "Because, God, we need more places like this."

Contact Waymer at 242-3663 or jwaymer@flatoday.net.

Let's keep eyes on these 87 trees

St. Pete Times letters to the editor published November 29, 2006

Safety Harbor is about to have another new development at the top of Main Street. Woodhaven apartments will be transformed into $500,000-plus, gated townhomes.

I've seen the artist rendering and admit that it does look pretty and new. However, I have issues with the removal of 87 trees to make way for "pretty and new."

As a society, we have become complacent and indifferent to the destruction of green space. Let's face it: It's much easier to look away as the chain saws and bulldozers knock down each tree because it truly is the unpleasant side of progress, the side we don't like to see.

Interim City Commissioner Martha MacReynolds said at the last meeting that she approves the development and to remember that the trees might not be healthy. I guess thinking of 87 unhealthy trees being bulldozed can help with the decision to look the other way.

The commission recently had to vote on another townhome development at the old Pizza Hut on Main Street. The commissioners seemed reluctant (excluding MacReynolds, who was not a commissioner at the time) to approve this project because every tree needed to be removed (even the big ones nearest Main Street). Their hands were tied because the project met the Pinellas County tree code.

The Woodhaven development also meets county tree codes. Perhaps if the mayor and each commissioner (including MacReynolds) actually witness with their eyes, and not look away, as the trees are being cut down, maybe then they will choose to untie their own hands for future developments.

They could implement a more forward-thinking tree code for Safety Harbor. After all, progress done with some creativity doesn't have to be less green.

Noncomplacent residents, please contact your elected officials or attend the commission meeting Monday at City Hall.

Terrie Dahl-Thomas, Safety Harbor

Annexation plan upsets homeowners

St. Cloud officials will meet with residents of Lorraine Estates today over the touchy issue.

Linda Florea
Sentinel Staff Writer

November 29, 2006

ST. CLOUD -- It's a hot-button issue that St. Cloud is hoping to defuse.

Residents of Lorraine Estates are fighting annexation into the city. City staff members will meet with residents in City Council chambers at 5:30 p.m. today to clear up what they say are misunderstandings.

"We want to tell them it will be pretty seamless and a good transition," said city spokeswoman Heather Paynter.

But residents are not so sure.

On Nov. 9, the City Council approved the first public reading of an ordinance that would bring 24 residential lots into the city. Residents were frustrated after they waited several hours to comment on the annexation and were not allowed to address city leaders.

"Everyone's mind was made up before we say anything; it's like stacking the deck to me," said resident Daryl Baker. "We're standing together and saying no one wants this."

Baker said he has lived in the subdivision almost two years. He chose the area because of the county zoning and the lack of a homeowners association.

He said residents in the community are worried that becoming part of the city will cost money, including tying into the city sewer system, taxes and trash pickup. He added that the neighborhood would not benefit from having city police or fire coverage because there is an agreement with Osceola County that the closest emergency agency responds to a call.

The city manager, city attorney and representatives from planning and zoning and public works will be at today's meeting to answer questions, Paynter said.

Residents have set up a Web site, lorraineestates.com, for information and a blog where they are airing their opinions.

Residents are also planning to attend a town hall meeting from 7 to 10 tonight at the Osceola Center for the Arts with an open forum and panel that includes St. Cloud Mayor Donna Hart and representatives from the county and the school district. The meeting has a broader agenda to discuss land-use and development issues in east Osceola County, including the Narcoossee Road corridor.

Linda Florea can be reached at lflorea@orlandosentinel.com or 407-931-5951.

A tale of two towns

By TONY HOLT
wholt@hernandotoday.com


ISTACHATTA — Bicyclists cruising along the Withlacoochee Trail enjoy the exotic wildlife, the miles of woods, the chirping birds and gurgling creeks.

But they also go for the blueberry pancakes.

“This place was here when my father was a child,” said one bicyclist as he pressed the prongs of his fork into the soft, syrup-soaked pancake.

The Withlacoochee Bicycle Riders are regular customers at Ta Ta’s Froggie Café, a down-home restaurant located in the center of Istachatta.

At least twice a month, the restaurant is packed with jersey-clad riders who take a break from the 46-mile trail and relax in the wood-paneled, diner-like establishment, which doubles as a convenience store.

Like Ta Ta’s, the community of Istachatta has changed little during the last several decades. In terms of population growth and development, it has barely changed at all since the land was patented by Francis Townsend in the 1870s.

A post office was opened in 1881 and the area’s first church was built in Istachatta — the New Hope Methodist Church.

The community underwent a small boom in the 1880s with the construction of a railroad, but once the acres of citrus groves froze, the promise of the once-vibrant community froze with it. The demise of a nearby phosphate operation also contributed to the area’s decline.

“Up until World War II, they had a lot of politicians making stump stops here,” said Melba Ward, who is working on a book about Istachatta. “We had a barbershop and a depot. This was once a more bustling town.”

“Everything in Hernando County is west of Brooks-ville,” she continued. “That’s where people go — but this is the country.”

Once upon a time, Istachatta could not be more country. It consisted mostly of acres upon acres of farmland. People grew sugarcane and raised hogs. There was also some mining in the area, Ward said.

The community also became more accessible to motorists in 1951, when a bridge was constructed across the Withlacoochee River, giving commuters easier access into Sumter County. Before then, the only practical way to cross the river was by ferry, Ward said.

Nature seekers and bird watchers often make their way to Istachatta, expecting to find something they ordinarily would not see in the more developed regions of the county.

In fact, the word “development” is not a popular one among those who live and frequent the area.

“I wanted a place where it was peaceful and quiet,” said Jerry Huffman, who lives just over the county line, but makes daily visits to Ta Ta’s for breakfast. He said he doesn’t miss anything about living in a suburb or city.

“There ain’t a traffic light here,” said Huffman, who regularly orders hash browns and gravy. “And this place has good food — excellent food.”

Karen Bartlett, 18, recently moved from Brooksville to Istachatta and works at Ta Ta’s as a server every Sunday. She makes the unenviable commute to Spring Hill five days per week because her full-time job is there.

“In Spring Hill, you take two steps out the door and there’s your neighbor,” she said. “Here, it’s much quieter.”

“That’s the daily routine if you want to make money,” Huffman said, referring to Bartlett’s hour-long drive to Spring Hill every day. “As you can see, there’s very little work here.”

While there may not be a lot of activity in Istachatta, much of what goes on happens at Ta Ta’s, which is owned and managed by Mark and Mellissa Stacey.

Mellissa Stacey named the café after her late sister, Tonia, who was lovingly referred to by friends and family as “Ta Ta.” Frogs were her favorite, so her sister decorated the restaurant with frog posters and knickknacks.

The café hosts a fish fry every Friday night, which often includes a live Country-Western band.

“Pretty much everyone comes here on Fridays,” Stacey said. “It’s the place to be.”

The establishment is closely managed by the hands-on owner, who requires all of her employees to possess all the necessary restaurant skills.

Servers do not just serve, they cook, clean, handle money and monitor the store.

“I cook mostly every day,” said Stacey, who credited her grandmother on passing down her culinary talents. “All of my waitresses know how to cook.”

That does not mean her waitresses are all business all the time.

That especially goes for Deanna Maywell, who was sporting a T-shirt that read, “Behind every great girl, there’s a man checkin’ her out.”

Maywell has spent most of her life in Istachatta. When she married, she temporarily resided in Tennessee, but after returning to care for her ailing father, she refused to leave her home a second time.

“This is where I belong,” she said.

Her mother, brother and two of her four children also live nearby.

When the morning rush slows down, Maywell often sits down and jokes with Huffman, Bartlett and Herb Schneider, another local.

When their banter seemed to take a more suggestive turn, Maywell waved her finger back and forth in front of her throat, reminding them to keep the jokes clean, but she laughed anyway.

“These Istachatta girls are fast, man,” said Schneider, poking fun at Bartlett.

“You mess with me, you mess with my whole trailer park, buddy,” Bartlett retorted, purposely exaggerating her Southern accent.

The weather outside was sunny and breezy. So were the conversations coming from Ta Ta’s that morning.

The four friends sipped coffee, glanced at the newspapers in front of them, but mostly occupied their time with conversation. Through expression and body language, they showed how much they relished their small-town lifestyle.

“Work is for mules,” joked Huffman, a Vietnam veteran who retired from the U.S. Army more than 20 years ago, “and they back up to it.”

Reporter Tony Holt can be contacted at 352-544-5283.

Article published Nov 29, 2006

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  11/29/2006

Project planned in East Manatee

County to consider traffic issues at huge Lakewood Ranch park

By LISA MILLER

lisa.miller@heraldtribune.com

LAKEWOOD RANCH -- A massive Lakewood Ranch commercial project would bring more than 700,000 square feet of new retail and office space to Lakewood Ranch Boulevard south of State Road 64.

The Lakewood Ranch Commerce Park, planned for the southeast corner of S.R. 64 and Lakewood Ranch Boulevard, would provide more shopping and service options for the exploding residential growth along Lakewood Ranch's northern boundary.

The 727,000 square-foot project is part of a larger retail and office development planned for that fast-growing intersection.

For comparison, consider that the new Super Target store at University Parkway and Interstate 75 is 174,000 square feet, or less than a quarter the size of this project.

Manatee County is reviewing plans for the project, which had received initial approval in 2000.

The county is reviewing the plans again because developers get three years to build approved projects before having to resubmit them.

In this case, the county is sure to consider whether the project would cause traffic problems in the increasingly congested East Manatee region.

If the county decides existing roads can't handle traffic from the project, Lakewood Ranch developer Schroeder-Manatee Ranch would be responsible for adding capacity.

County Planner Laurie Suess said resubmittals are crucial with long-term projects such as these.

"A lot has happened since 2003 and we have to make sure it won't impact traffic," she said.

"They're taking the next step in keeping their project alive so they can finish it."

One phase of the commerce park, the sprawling Publix plaza and its strip malls, is already complete.

This latest phase promises to bring 127,000 square feet of commercial space, 300,000 square feet of offices, and 300,000 square feet of industrial space.

When built out, the commerce center would total 2.4 million square feet.

SMR submitted a new traffic study to the county. Planners are expected today to let SMR know how they feel about the project.

Final approval is expected sometime in the first part of 2007.

The commerce park is a welcomed addition to East Manatee, especially for residents like Bobbie Griswold.

Griswold and her husband built their Waterlefe home knowing there weren't many stores around.

But the couple lived under the premise that if homes were built, then commercial would soon follow.

It has, but not fast enough for them.

For the Griswolds, trips to doctor appointments, clothing stores and restaurants mean a drive into Sarasota or Bradenton.

"I just don't like to drive that far to go shopping all the time," she said. "I would just like to see more out here."

Lakewood Ranch spokeswoman Sondra Guffey said the commerce park has taken a long time to develop because it is so large.

Another nearby project will bring more needed services to far East Manatee.

Lorraine Corners, a 13.65-acre retail project on the southeast corner of Lorraine Road and State Road 70, promises to bring a pharmacy, office space, restaurant, stores and a day care.

Levy County couple donate parcel of land for CFCC satellite campus

By KAREN VOYLES

Sun staff writer

CHIEFLAND - After more than a decade of renting space in an old grocery store, Central Florida Community College now has the opportunity to develop a permanent campus in Levy County.

On Tuesday afternoon, former community college trustee Loy Ann Mann and her husband Jack donated 15.4 acres of undeveloped land to the school. The property is alongside U.S. 19, 4 miles north of the former Winn-Dixie store on U.S. 19 at U.S. 129 where Central Florida has been offering classes since 1993. The Levy County site is a satellite campus for the main Central Florida campus in Ocala.

"Let's get going," Loy Ann Mann encouraged the current board of trustees after she and her husband received a standing ovation for their donation during the board's meeting.

Robert Hastings, who represents Levy County on the board, referred to the donation as "wonderful opportunity, a wonderful example." He and other trustees were shown an artist's rendition of what the first building on the new site could look like.

Central Florida has been spending $56,000 a year and paying the cost of utilities under a long-term lease deal for about 14,000 square feet. The lease is due to expire in September, but no one at Tuesday's board meeting could imagine a new building being available on the donated land in less than two to three years.

Hastings said it will be up to the community members to determine how fast a new campus can be built based on how committed they are to raising money to develop the campus.

Jack Mann said the property is bounded on the west by Nature Coast State Trail and is covered with mature trees on gently rolling hills. County property records show that the acreage was formerly a part of the Circle K Ranch.

"It will make a beautiful site and it is centrally located for children from Chiefland and Cross City and Trenton," Mann said. "It will save a lot of (students) a lot of driving."

The value of the donation was not immediately known. The donated property was being split off from 35 acres that the couple owned. The entire 35 acre parcel has a taxable value of $329,492, according to records maintained by the county property appraiser's office.

Panther Comeback Crowds Suburbia

By PETER WHORISKEY
The Washington Post
MIAMI - One curious Florida panther left tracks as it peeked into a home window. One poached four emus from a petting zoo. Others crept into exurban backyards and slinked away with family pets.

As the Florida panther has climbed back from the brink of extinction in recent years, many Floridians have cheered the revival of the state's wildlife symbol. But that success is also prompting growing worries, particularly from residents now acutely aware of the danger of living among the predators.

Earlier this month, residents of Collier County met with state and federal wildlife officials to hear tips for staying safe while living in panther habitat, including this one: "Keep children close to you, especially outdoors between dusk and dawn."

"We used to have a large buffer between panthers and homes," said Darrell Land, a biologist with the Florida Fish and Wildlife Conservation Commission. "Now people are here, and literally a few feet away is panther habitat."

"In some cases, the animal seemed to be getting a little too comfortable around people," Jim Coletta, a commissioner in Collier County, recently informed constituents. "I was especially concerned that a small child at play, or at a bus stop, could be vulnerable to attack."

About 20 years ago, there were no such worries. Scientists feared instead that Florida panthers were on their way to extinction. Their numbers had plummeted to 30 or so, mainly because of hunting and loss of habitat.

Since then, wildlife biologists have introduced closely related Texas cougars to broaden the gene pool, and the number of panthers has at least doubled and may be as high as 100, scientists said. Because the animal's range can extend 100 square miles or more, that relatively small increase in panthers dramatically expands the population's geographical reach.

Although there are no recorded attacks by Florida panthers on humans, as suburbia continues to creep into panther habitat, interactions appear inevitable.

While confirmed panther attacks on pets and livestock were almost unheard of a decade ago, this year there have been six, officials said. And many cases of disappearing animals are not reported or cannot be confirmed as panther-related if no tracks or clear signs are left.

Life cycle in slow lane


Catch for research

Big, bad barnacles besiege boats

A Pacific variety has invaded Florida waters with a vengeance.

Kevin Spear
Sentinel Staff Writer

November 28, 2006

Every boater knows that barnacles are a big pain.

Now the emphasis is on big. Mega barnacles have arrived in Florida. Some are large enough to make into a dice cup, a pencil holder or even a bud vase.

An ordinary barnacle in the Sunshine State doesn't get much bigger than a dime or a nickel, but these foreign giants that hail from the Pacific Ocean are turning up from North Carolina to South Florida.

"Those Pacific barnacles are growing all over the place," said Tom Clements, a commercial diver from St. Augustine who encountered the whopper variety this summer during dives to clean boat hulls. "They're the size of an ashtray."

Florida's native barnacles cement themselves to boats, pilings, buoys and most anything that dips into seawater for very long. Getting them off requires the maddening task of scraping and cleaning.

Apparently ready to grow in all of the same places, the Megabalanus coccopoma even grows over native barnacles.

The big, aggressive brutes stand ready to render the sleekest boat a real slug and dramatically increase the amount of fuel it burns to power through the water. Not to mention turning an ordinary boat cleaning into a backbreaking affair.

The "mega," as the invaders are sometimes called, are native to coasts from California to Ecuador.

How they traveled here is anybody's guess. But they most likely hitchhiked in ballast water, the massive amounts of water pumped into ship holds to maintain stability. When cargo is loaded, perhaps in some distant port, out goes the water and any tiny stowaways with it.

Late this summer, Alan Power, a research scientist with the University of Georgia Marine Extension Service in Savannah, got a flurry of reported findings of mega barnacles. They turned up on the bottom of a small boat, clinging to an offshore buoy that washed ashore and elsewhere.

He sounded the alarm in a network of professionals working in coastal and marine sciences in the Southeast.

In a roundabout way, word of the Georgia findings got to Maia McGuire, a marine-extension agent with Florida Sea Grant in St. Augustine.

She, in turn, told her boyfriend, who works in a Jacksonville boatyard, to be on the lookout for the mega barnacles.

A few days later, he called her from work.

"You're not going to believe this," he told McGuire. "I've got your barnacles."

McGuire got busy investigating from Jacksonville to south of St. Augustine, which led her to Clements, the commercial diver.

Today, Power, McGuire and Clements aren't sure they can pinpoint when mega barnacles arrived.

"It's one of those things that when you see it for the first time you start seeing it everywhere," Power said.

But there may be some good news.

Clements said barnacle growth appears to have slowed or stopped in recent weeks. He speculated that might be because of cooling water temperatures.

Power, too, has similar observations. All reports of the mega barnacle in the past month have been about dead barnacles, he said.

What's happening in Florida and Georgia may be repeating the experiences of some other states.

During the past 20 years, the mega turned up at times in San Diego, in southern Texas along the Gulf of Mexico and in Louisiana.

Then they vanished, apparently unable to withstand the cooler water temperatures of winter.

In fact, that's the fate of many exotic and foreign species, whether plant or animal, that attempt to get a toehold in Florida.

So will cold weather banish the big barnacles here, too?

"I hope so," Power said.

Kevin Spear can be reached at 407-420-5062 or kspear@orlandosentinel.com.

Folks and Wildlife: Can We All Get Along?

By Tom Palmer
The Ledger

LAKELAND - As rooftops replace treetops in Polk's landscape, wildlife takes a hit.

Numbers of once-common birds like Northern bobwhite and loggerhead shrikes have taken a plunge, thousands of gopher tortoises have been killed or displaced to make way for new development and once-common species of plants growing on the ancient islands of the Lake Wales Ridge are now endangered species.

This article, part of a periodic series called As More Make Polk Their Home, looks at the impact of growth on Polk's wild animals, birds and plants.

If it had not been for grass roots efforts to push a tax measure to protect wildlife habitat, coupled with active efforts by government agencies and private organizations to protect thousands of acres of forests, fields and marshes, the situation would probably be much worse.

Nevertheless, the situation is bad enough, according to one local conservationist.

"It's gone almost in a straight line down for everything,'' said Paul Fellers, a longtime birdwatcher with Lake Region Audubon Society in Winter Haven who has monitored Polk's bird populations for decades.

BIRD NUMBERS PLUNGE

Birds are often used as an index of the state of wildlife. There's a good reason. They're familiar creatures that people find attractive and their populations are surveyed more extensively than other wildlife through a variety of annual surveys, such as the Christmas bird counts and breeding bird surveys.

When the results of recent surveys are compared with numbers from 25 years ago, the change is striking.

Northern bobwhites and loggerhead shrikes are two species of birds whose declining numbers are often cited as indicators of environmental changes.

That's true locally.

In the 1970s, local Christmas bird counts logged an average of 51 bobwhites in the Lakeland-Winter Haven area and 139 in the Lake Wales area. In recent years the averages have dropped to five in the Lakeland-Winter Haven area and 28 in the Lake Wales area.

During the same period, average loggerhead shrike numbers dropped from 125 to 112 in the Lakeland-Winter Haven area and from 298 to 80 in the Lake Wales area.

These are not isolated occurrences.

Fellers said the loss of habitat affects birds like bobwhites and shrikes that breed in Polk County, but it also affects the thousands of birds that migrate through each year, often stopping here to look for food to sustain them on their travels from their breeding grounds in the northern United States or Canada to their wintering grounds in the tropics.

"Stopover points are very important," Fellers said, explaining studies have shown that birds migrate to the same spot year and after year and when the patch of woods or other habitat they've depended upon for food is gone, that creates problems.

"Birds have an awful tough time of it as it is and this (habitat loss) increases the stress," he said.

GOPHER TORTOISES TAKE A HIT

If there's one wildlife species that takes a hit in the constant conflicts between preserving homes for wildlife and creating new homes for humans, it's the gopher tortoise.

Gopher tortoises are important because they're a significant part of upland ecology. Their burrows provide shelter for many other species that are important to the biodiversity of scrub and sandhill communities in Florida.

Until 1988 they were game animals and the law allowed anyone to kill two a year.

Today they're a protected species, so it takes money and a development permit to kill them.

Since 2005, Polk County, developers have paid $1.2 million into a state fund to preserve gopher tortoise habitat in exchange for permission to condemn at least 500 of these slow-moving native reptiles to death by burying them alive in their burrows or by destroying the landscape on which they depended for food, according to a review of permit information submitted to the Florida Fish and Wildlife Conservation Commission.

This process goes by the sanitized term, "incidental take."

But the program at best requires compensation for only a quarter of the gopher tortoise habitat developers eliminate and the amount of compensation to buy and protect undeveloped gopher tortoise habitat lags behind the escalating land prices in the current real estate market.

The compensation is based on $7,347 an acre. Real estate prices for well-drained uplands suitable for gopher tortoises in Polk County are $20,000 to $30,000 an acre.

RARE PLANTS DISAPPEAR, TOO

In his 1935 survey of Polk County's plant life, Winter Haven botanist J.B. McFarlin described several of the plants that inhabit scrub habitat along the Lake Wales and Winter Haven ridges, such as scrub plum and scrub morning glory, as "abundant" or "widespread."

Today these plants are endangered species because they are found nowhere else on the planet. Twenty-two of Polk's 29 federally listed species live in this area.

That's not surprising.

Only an estimated 15 percent of the original scrub habitat in Polk and adjacent counties still exists. The rest has been cleared for citrus groves or new development.

But scrub habitat contains rare animals, too.

They include the sand skink, a small lizard that "swims" beneath the white sand in search of ants and termites, and the Florida scrub jay, the only species of bird found only in Florida.

Scrub jay populations have gradually disappeared in some parts of Polk County as suburban development pushed into their habitat.

This is an effect that's less noticed because it's not immediate.

The birds, which are relatively tame, coexist with their new neighbors for a while, but what causes population after population of scrub jays in suburban areas to die out is their inability to reproduce very well.

According to research conducted by scientists at Archbold Biological Station in Lake Placid, the so called "suburban jays" produce fewer young and few of the young survive because of an increase in predators, notably house cats.

LAND PROTECTION, FRAGMENTATION

In the past 30 years some of Polk's remaining natural lands have been spared from the bulldozer through purchases or conservation easements by a variety of public and private groups.
The combined acreage of public and private preserves total more than 300,000 acres, about 24 percent of the county's total area.

If it had not been for an active land-buying program by local, state and federal officials, the prospects for wildlife in Polk County would certainly be much worse.

Nevertheless, the steady pace of development has created issues.

"We're very concerned about development adjacent to conservation areas," said Tricia Martin, director of The Nature Conservancy's Lake Wales Ridge office.

She said encroaching development impedes land managers' ability to use prescribed fire, which is an essential tool for restoring and maintaining healthy wildlife habitat.

"If we're boxed in by roads and cities, we can't get burn permits from the Division of Forestry," she said.

Beyond that, Martin said there's an ongoing concern about the fragmentation of habitat by roads and utility lines.

Audubon's Fellers said that invites a host of problems.

"There are more exotic plants invading and house cats from the subdivisions kill birds," he said.

In addition, fragmentation opens areas to starlings, which can outcompete native birds for nesting spots and cowbirds, which lay eggs in other birds' nests, and starlings, which take over nest holes occupied by woodpeckers and other native birds.

"So far we just have brown-headed cowbirds, but who knows what the shiny cowbirds (a West Indian species expanding its range into Florida) will do?" Fellers wondered.

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

Advisory Unit Seeks To Protect Water

By Tom Palmer
The Ledger
BARTOW - Polk's water resources probably could be better protected if there were more emphasis on trying to phase out old developments in flood plains and forcing new developments to store more of their storm-water runoff, according to some draft policies being considered by Polk's Water Policy Advisory Committee.

Committee members Monday began a major overhaul of the 3-year-old policy. It was clear after spending three hours on the first two pages of the eight-page document that the process may take some time.

The County Commission created the Water Policy Advisory Committee in 2001 in response to concerns that without planning, Polk County might not have enough water available to handle growth.

This is the second major revision of the policy since 2001.

Some of Monday's discussion involved as much how to present the policy as its intent.

Member Roger Griffiths favored a strongly worded policy that puts the county on record as opposing any efforts by surrounding counties - either directly or through enabling actions by water management districts - to exploit water resources originating in Polk County.

He was particularly critical of reservoir plans in Lake Hancock and along Peace Creek that benefit coastal utilities by storing water to release downstream in the Peace River rather than being piped to utilities in Polk County.

"If we had a policy (that said that), it might make our arguments stronger," he said.

But Gene Engle, another committee member, said that could backfire.

"We need to protect our water supplies, but not in a way that offends people so they won't work with us,'' he said.

Jeff Spence, Polk's natural resources director, said the important thing may not be so much the policy, but what Polk County officials actually do.

That includes becoming more involved in water policy issues by showing up at meetings where these issues are discussed.

How Polk County reacts to flooding also affects water supply.

Griffiths said he wants a policy that puts a priority on storing flood water locally and only allowing it to be released downstream as a last resort.

He favored buying out all structures in any flood plain in Polk County to reduce the need to drain water in the first place.

That's impractical, Spence said.

"The concept is good, but it would cost hundreds of millions of dollars, so it's not feasible,'' he said, explaining the measure could affect any home built before 1983, when floodplain development restrictions began.

Spence said the only way Polk County has been able to remove any homes from flood plains is with help from federal agencies, which pay 75 percent of the cost.

Future committee sessions will include discussion of proposals to:

Require developers, especially in areas where water supplies are stressed, to increase the size of retention ponds to collect more water.

Reserve some of Polk's future water supplies specifically for necessary municipal facilities, such as schools, fire and police stations and parks.

Return a fixed percentage of the water saved through conservation to the natural environment.

Seek minimum aquifer levels for the Upper Peace River and the Green Swamp High, the high spot in the Floridan aquifer.

Encourage vertical development so more land could be set aside for aquifer recharge.

Require certification or irrigation installers and tighten landscaping and irrigation regulations.

Many of these proposals, if the committee adopts them, would require changes in the county's development regulations. That would require public hearings before the County Commission.

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

City: No sewer without annexation

By Mike Wright

The Crystal River City Council will look cautiously to expand sewer-plant capacity to meet future growth, but not at the expense of its own residents and taxpayers.

That was the strong message delivered Monday night during a workshop where council members made it clear they don’t want to create a regional sewer system to serve new development outside of Crystal River.

“If we could find a way to put everyone in Citrus County on a sewer system and not have the citizens of Crystal River pay for it, we’d be all for that,” Mayor Ron Kitchen said.

Council members took no vote because the gathering was a workshop. But they were unified in stating that sewer service outside the city should come with annexation as a cost and that sewer capacity should be reserved for property owners inside the city or developers who pony up deposits.

The city’s sewer plant is using about 80 percent of its capacity and is nearing a point where the Department of Environmental Protection will require the city to decide whether to expand or cut off growth, City Manager Andy Houston said.

Houston also acknowledged, however, that the stated usage of the sewer plant is actually much higher because leaking pipes are bringing tens of thousands of gallons of water into the wastewater plant every day.

The city spent $923,000 during the past year plugging many of those leaks. Houston estimated it will cost about $2.6 million to complete repairs.

Expanding the sewer system to more than double capacity would cost up to $20 million, he said.

Councilman Phil Price said the choice was clear: Plug the holes first, and then see what’s needed in sewer expansion.

Council members also agreed to renegotiate with the county a 1997 agreement that allows the city to extend sewer as far south as Ozello and as far north as the Withlacoochee River without requiring annexation.

Houston suggested, and council members agreed, that it wasn’t unreasonable to require an area to annex for sewer service because of the expense involved.

“I don’t see the current ratepayers paying for expanding sewer for other people,” Price said. “We’ve got a scarce resource that other people want.”

The city now allows developers to informally reserve sewer space for potential residential and commercial growth. Council members said they believe developers should pay a deposit for that sewer service.

Houston is developing a rate study that he said will probably result in higher hookup fees. He also said he will meet with county officials, some of whom attended Monday’s workshop, to begin discussions about renegotiating the interlocal sewer agreement.

Whose side is state on? Hint: It's not yours

By HOWARD TROXLER, Times Columnist
Published November 28, 2006

Unbelievable!

This is like calling an ambulance, only to have the medics show up and start kicking the patient.

It's bad enough that the Legislature hasn't fixed Florida's insurance problem.

But now we learn that last spring, our Legislature actually sneaked into law a way to make things worse for a lot of Floridians.

As things stand already, there's a rate increase coming Jan. 1 for customers of the state's last-resort insurance company, Citizens Property Insurance. That increase will average 25.9 percent.

But thanks to the language passed by the Legislature, Citizens is then supposed to turn around and impose another increase worth 55.8 percent on March 1.

The really weird part is that this second, whopper of a rate increase is for a reason that doesn't even exist.

The law passed by the Legislature had a treat buried on Page 86 that orders Citizens to calculate rates in a funny way.

The law says Citizens has to bill its customers for the cost of "reinsurance," which is an expense that private insurance companies have - but the state doesn't.

Citizens also has to assume, in setting rates, that it can't assess the customers of private insurance companies in Florida - even though it can.

The law also says Citizens has to set rates for a storm so strong that its kind only occurs once in 70 years. In 2008, that goes to 85 years, and in 2009, a full 100 years.

Sheesh!

The bottom line of all this is that the Legislature is socking it to customers of Citizens three different ways:

(1) The customers are still making up past deficits.

(2) They are getting hit with rate hikes even under the existing conditions.

(3) And now they're going to foot the bill for building gold-plated reserves against worst-case storms.

Now, why would the Florida Legislature want to nearly double the rates of Citizens Property Insurance Corp?

Gee, I dunno. But if I were cynical, I would point out that state law says that Citizens' rates are supposed to be higher than any private insurance company's.

So the higher Citizens' rates are, the more the private companies can charge too.

Don't be mad at Citizens for this. In fact, the chairman of Citizens, Bruce Douglas, in an unusually frank interview last week with St. Petersburg Times staffer Tom Zucco, said he wants to block this rate increase. He said the Legislature should repeal this part of the law.

You know, this episode shows just how far out of touch the Legislature is with what's happening, and how deferential Florida's policymakers remain to the insurance industry.

All of their rhetoric, all of their concern is based in the claim that if we grovel and say pretty-please enough, Allstate and State Farm and all the rest will deign to come back and insure us.

Meanwhile, Gov. Jeb. Bush named a fancy-schmansy task force that was too close to the insurance industry. The task force just made its recommendations. Here is what they say: blah-blah-blah.

At the moment, the Legislature is trying to decide whether it even needs to hold a special session to act. Maybe it will wait until the regular session in March.

Of course, by then, the second round of rate hikes will have kicked in. How conveeenient.

Loggerhead turtles die off as others thrive

The ancient reptiles aren't nesting like they used to, troubled by toxins, disease and development.

By CURTIS KRUEGER, Times Staff Writer
Published November 28, 2006

The remarkable reptiles known as loggerhead turtles may be in trouble.

These sea turtles live 60 years or longer and can swim across the Atlantic Ocean and back. Females return to the precise Florida beaches where they were born - including some in Pinellas and Hillsborough counties - so they can crawl onto shore and lay eggs in the sand.

Usually.

But during the past half-dozen years, loggerhead turtle nesting in Florida has dropped sharply. Fewer loggerheads are laying eggs in Florida, even though other Florida sea turtles, such as greens and leatherbacks, actually are nesting more.

David Godfrey, executive director of the Caribbean Conservation Corp., said the dropoff in loggerhead nesting "really represents a drastic decline in the Western Hemisphere population." He worries that a species that has survived since the time of the dinosaurs "could get to a point where extinction is not beyond the realm of possibility within our lifetimes."

The recent decline in Florida's loggerhead nesting concerns researchers and environmentalists, even though they expect some ups and downs in the data. For years, loggerheads were considered a conservation success story, a change from the days of old-time Florida restaurants that specialized in turtle soup.

A downturn in Florida nesting is significant because more than 90 percent of the world's loggerheads nest either in the Middle Eastern nation of Oman, or in Florida.

Scientists and conservationists say they suspect two main causes of the decline. One is commercial fishing - loggerheads sometimes get caught in long-line fishing in the Atlantic Ocean, for example. Another is the increasing number of sea turtle "strandings," cases in which a group of sea turtles is found close to shore, dead or dying, possibly from toxins or disease.

"It certainly is troubling and it means that we ought to pay very close attention to these mortality factors," said Blair Witherington, a research scientist for the Florida Fish and Wildlife Conservation Commission.

Scientists are paying attention, especially to a mysterious series of turtle deaths. At various places around the state, groups of turtles have been found stricken, floating and struggling to stay alive.

"We do know that some toxic element or disease has been affecting adult loggerheads in Florida waters for about five years," Godfrey said.

But a central cause has not been found, and scientists say these episodes deserve more study. In some of these cases, Red Tide is considered a factor.

Such as last summer, when scientists from the Mote Marine Laboratory in Sarasota tagged a loggerhead turtle named Ariel with a satellite-tracking device and released her. She later swam across a stretch of the Gulf of Mexico affected by Red Tide.

"She ventured very close in shore, actually right off St. Pete Beach," said Tony Tucker, Mote's program manager for sea turtle conservation and research.

Afterward, her behavior changed; eventually the satellite device showed she was floating on the surface. Scientists tried, but were unable, to recover her body.

"I can't say Red Tide was absolutely the cause of death, but we have a very strong suspicion," Tucker said.

Fishing also may be a factor. Witherington said long-line fishing kills thousands of sea turtles per year. That's especially true in Atlantic fishing areas where the mileslong fishing lines stay relatively close to the surface, where the loggerheads like to feed.

"Loggerheads are going after the bait and getting hooked on the bait just like the fish would," Godfrey said.

Shrimpers have gone to great lengths to install "turtle excluder devices," or TEDs, in trawling nets, but they're not perfect, Witherington said.

"Although TEDs work, they won't work completely," said Witherington. "Shrimp trawling in U.S. waters probably still kills a lot of loggerheads."

It's worth noting that loggerhead nesting has gone down even as nesting in Florida has increased for green turtles and leatherback turtles. Unlike loggerheads, the green and leatherback turtles are not as likely to be harmed by long-line fishing, he said.

But Bob Jones, executive director of the Southeastern Fisheries Association, said critics condemn commercial fishing without checking the facts.

"From my perspective, the development and the changing of the natural beaches and everything has had more to do with the degradation of Florida's environment than anything else," he said.

Overdevelopment is known to be a factor threatening loggerhead turtles, especially because lights on shore can confuse the hatchlings and stop them from going out to sea. But that is not considered a major reason for the sharp decline. The eight hurricanes that hit Florida in 2004 and 2005 probably are not the cause of the decline either, Godfrey said, because loggerheads take 20 to 30 years to mature, so the impact of those storms would not be evident for decades.

County sues over mangrove destruction

Two Seminole homeowners are being sued for cutting down hundreds of the wetlands trees.

By ANNE LINDBERG, Times Staff Writer
Published November 28, 2006

SEMINOLE - It's taken almost four years, but the County Commission agreed earlier this month to sue two Seminole homeowners accused of cutting down hundreds of mangroves and dumping dirt into the Long Bayou without a permit.

Before the lawsuit was filed, county officials say Kirit S. Desai and his wife, Pratibha K. Desai, once again violated county rules by dumping fill into the wetlands next to their home without a permit.

"We have been out and documented what we believe to be additional violations," said Jewel Cole, the assistant county attorney in charge of the case. "I did add it to the lawsuit."

Also named in the lawsuit is the Long Bayou Estates Homeowners Association, which owns some of the land where the mangroves were located and the filling took place. Long Bayou Estates is an upscale subdivision off Park Boulevard in Seminole.

It took the county almost four years to file the lawsuit because officials were trying to work things out with the homeowners, Cole said. Two other homeowners settled with the county before the suit was filed, but the Desais refused, and the time for filing the case was running out, she said.

In a May 2003 news story, Mr. Desai said he did not know of the rules against destroying mangroves or of the necessity of having a permit just to trim the trees, but Friday, his wife said they did not know the mangroves were there.

The Desais and their neighbors were worried about the snakes and alligators that were lurking in the Brazilian peppers, so they paid to have them taken down, she said. "We didn't realize there were any mangroves at all," Mrs. Desai said. "There was no intention of cutting the mangroves."

Mrs. Desai also denied dumping dirt, saying they were landscaping the area. She said they have tried to settle with the county, but Cole has not returned her husband's calls.

She said they want to replace the mangroves but still keep the area clear enough that there will be no danger of snakes or alligators threatening her young children.

She said her husband plans to talk with Cole later this week to discuss a possible settlement.

Neither David Weiss nor Grant Powell, the officers of the Long Bayou Estates Homeowners Association, could be reached for comment.

If Pinellas County wins the suit, the defendants could be subject to civil fines of up to $10,000 for destroying the mangroves. Other possible fines include up to $5,000 for the first filling violation and up to $10,000 for the most recent violation. Cole said the fines are different because the law changed in 2006 to increase the penalty for filling wetlands without a permit.

The defendants also could be forced to pay to restore the area to its previous condition.

The Desais could also face criminal penalties should the state Department of Environmental Protection or the state attorney wish to file charges, Cole said.