Category Archives: City of Stuart

Remarks To The Martin County Legislative Delegation

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When did Florida’s towns and cities become the enemy to some of our legislators in Tallahassee? The state mandates that counties exist and every person in Florida lives in one…it isn’t an option. But only the residents of an area can come together and petition to form municipalities. They do so, as we are now seeing with Indiantown, because citizens want local control over zoning and the ability to pass ordinances to reflect their sensibilities. They are willing to tax themselves in order to live in communities to exert that control through democratically elected local boards.

The state definitively has the right to make sure that all Floridians are treated universally fair and equitable. It is your duty to make sure that the people’s constitutional rights are not violated. That the criminal code is applied to all fairly and that our courts are just and impartial.

Tallahassee has a responsibility to make sure that our lakes and rivers are healthy and clean. State government needs to make sure that all Floridians have the ability to attend top-notch colleges and universities. You should be the agent to build and repair our highways and regulate standards in professions. Those are state obligations.

But is it the responsibility of the legislature to prohibit Sewall’s Point from regulating short-term rentals or Stuart the amount of their business fee. Is it not better for the residents of cities to have local rules to deal with local problems? Why should a legislator that is elected in Pensacola have a say over how the people of Jupiter Island or Ocean Breeze want their communities to look and how the amount of tax their citizens pay.

50 years ago by a statewide vote of the people “Home Rule” was enshrined in the Florida Constitution. Though the legislature does have the right to pre-emption, it was a right that was to be used sparingly not, as a wholesale assault on the people’s right to local self-government. Pre-emption is not there to for a legislator to mandate what he feels is best. And Pre-emption was certainly not meant to forestall an ordinance that a business or industry does not want to comply with.

The vast majority of municipalities were formed so that urban services could be provided. Today the motive may include the people’s right to determine the pace of growth and commercialization where they live. If you believe in the rights of self-determination, then anytime pre-emption is used to circumvent that right, then pre-emption is not used in a manner intended.

Floridians voted to empower themselves with the right of local self-government. It is the only form of government that is voluntary in nature. Citizens choose to pay taxes to live in self-governing municipalities. They want to be able to have communities that they control through municipal ordinances and codes. Why would you want to deny the people that right?

Well Worth The Time & Effort

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I am sitting in Reagan International Airport waiting for my flight as I write this. For the past two days, I have been in Washington with my colleagues from the Florida League of Cities meeting with the Florida Congressional Delegation about issues that affect cities. Unfortunately, the Senate was in recess this week so both Senators Rubio and Nelson were absent. We did have an opportunity to speak with their staffs. Our Florida League of Cities team split into three groups and we were able then to meet with nearly the entire delegation except for one congressman (his choice).

Meeting with either state or federal legislators needs to be done on an ongoing basis. It is a matter of forging a relationship with those individuals. By the establishment of a rapport, it then allows us to speak to them with candor. This is important when discussing municipal matters. It is only through repeated contacts at home and in Tallahassee or Washington that we can explain our positions and educate these members as to our issues. While most of our legislators may have some knowledge of our issues, they may not have the depth and nuance necessary to make an informed decision.

When a local elected official is willing to engage with a legislator in their offices in either Tallahassee or Washington, that legislator has a more receptive attitude to the explanation of why we need them to vote in a certain way. It is part of an educational process for the legislator. I have noticed their capitol offices are more attuned to the discussion of policy. Back in their district offices, the staff is concerned with constituent services.

By my taking the time to engage legislators and representatives in both Tallahassee and Washington, I know I represent Stuart better. I educate our state and local representatives on matters that are important. At the same time, I learn what is important to them. Though at times, partisanship does intrude on our discussions, for the most part, it is about policy. It is important that we keep it on that level.

When it comes to municipal issues, I have noticed that there is no Republican or Democratic way of getting a road paved or a sewer connection. I am an unpaid lobbyist to make sure that the City of Stuart has the opportunity not only to have a seat at the table but is heard. I am happy to take the time from my own business and life in Stuart to make sure that happens.

Stuart & Housing

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What is the most pressing issue that the City of Stuart faces? It is not where or if we need a new City Hall, the fate of Historic Downtown or whether the hospital can build a 150 foot building. Our most important problem to solve is the lack of housing within our borders. Quite simply, there is not enough supply for everyone who wants to live here. Stuart does not have enough rental units, houses and condos. Further, to use a real estate term, much of what we have is physically, functionally and, to a less extent, externally obsolete.

Politically and socially we have allowed the City to stand still while Martin County, despite its reputation for limited growth, has grown exponentially around our borders. In 1940, the City had nearly 50% of the total Martin County population 2,912 people to 6,295. In 1960 we comprised 28% of the total with 4,791 people to 16,932. By the turn of the century Stuart comprised 11% of Martin County’s residents with 14,723 to 126,777. Today, we are still roughly 11% of Martin County’s population.

Martin County has grown at a much faster pace than Stuart in the past 70 years. In the next decade, the population of the County will probably continue to grow faster than the City’s. We are still a hub for commerce and residential living but not to the extent we were in the 1960s.   With the increasing suburbanization of Martin County, Stuart became not the only center of Martin but one of several competing centers county wide. One example would be the development of Palm City, which is part of unincorporated Martin County, from the farmland and ranches 40 years ago to a mostly suburban area today with a population of nearly 25,000 people as compared to the City of Stuart’s roughly 16,500.

Many people claim that the City should remain static or in a time warp. Unfortunately, if we do suspend time, we will not be able to have that very uniqueness that we want to maintain. Stuart cannot be a city unless we act and behave as one. This requires providing urban services under our jurisdiction so that we can maintain our businesses, residents and professional offices far into this century.

By not providing new housing, we force people to live outside our boundaries. A recent Florida Department of Economic Opportunity study showed that more than 21,000 people commute to work in Stuart every day. If we could capture just 25% of these commuters and their families, then our population and our tax base would increase by 50%.

By growing our tax base, we would shrink individual taxes. Would there be additional employees? Of course a few more would be added, though not many more since we are compact in size. Our infrastructure such as roads and water are already in place. As a city, we do not have the sprawl that has accompanied growth in the rest of Martin County. We are ideally situated to take advantage of life in mid-21st century America. The aging of our population and desire of our younger people to reside within cities gives us an ability that other parts of the County do not possess.

Stuart has an opportunity to maintain our wonderful charm and truly become a modern gem. We need to have the vision to do the things necessary so that we are not left behind. Stuart needs to reclaim its birthright of being the center of life on the Treasure Coast. To do that, we need more than a one block downtown. We need to actually have several areas of residential and economic viability. Many parts of our City are under-utilized. I will explore more of Stuart’s options in my next blog.

Our Waterways…No Quick Fix

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Our Congressperson Brian Mast will introduce two bills when Congress reconvenes in September that, if passed, will help to make Florida waterways better. (You can find outlines of the bills at: http://www.tcpalm.com/story/news/local/indian-river-lagoon/health/2017/08/23/u-s-rep-brian-mast-calls-federal-study-action-stop-south-florida-algae-blooms/592994001/.)

Florida Senate President, Joe Negron, sponsored legislation to build a reservoir south of Lake Okeechobee which was approved by the Legislature and signed by the Governor.  Whether you are an Independent, Republican or Democrat, we should all applaud and support these efforts.

The Indian River Lagoon and all Florida waters need Floridians pulling together to accomplish the task of improving our environment. There is no right answer or easy solution. It took more than a century for Florida to make this mess. It will probably take that long for our waterways to be restored. Federal, State and local governments must work in partnership. Co-operation with all interest groups will be the only way we shall succeed.

As a member of the Indian River Lagoon Council Management Board, I have become more knowledgeable about the larger picture we face, and it is daunting. The I.R.L. is a National Estuary Program that receives most of its funding from the Federal Government. The lagoon spans 156 miles from Ponce de Leon Inlet near New Smyrna Beach in Volusia County to Jupiter Inlet, on the southern border of Martin County.  Lake Okeechobee and the St. Lucie River are only a piece of this larger puzzle. Martin County and Stuart’s water quality are dependent on much more than just any local situation or solution.

At some point in the future, whether it is tomorrow or next year, another algae bloom will happen. When it does, let’s not look for scapegoats to blame. As I have written, everyone must work in tandem. In some capacity, every Florida resident, business person, farmer and visitor has contributed to the far from pristine condition of our waterways. It will take each and every one of us to aid in our recovery.

Ollie Harvey Bridge Builder

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My friend died yesterday. She lived a blessed life. Her goal in life was to be someone who built bridges. Bridges of love and bridges of hope. She devoted her life to children especially after her own son died. There was nothing in her demeanor to suggest her capacity for the love she had in her heart or the goodness in her soul. Ollie Harvey built bridges.

She and her husband, Philip, used their own money to start an after-school program for the children of East Stuart who needed her most. She built a bridge to my wife, Polly, and I to assist her with those children. She built bridges to many people. To Ollie, the color of a person’s skin was not what was important. What was important was the good that was in their hearts. She built bridges so that many people could help her save the children of East Stuart.

I am proud that I knew her and I am bereft now that she has gone. She taught me to open my heart and with her loss I now have examined my soul. I and many other people will carry on her dream of building bridges. I hope to continue building bridges to those children of East Stuart, to all the people of Stuart just as she would want. Just as she taught me to do.

Ollie was a devout Christian. She never doubted that the Lord had guided her on this path. My last word with her was a prayer to Jesus. Her faith gave her the will to build bridges. I admired her tenacity, her grit but most of all her love. What can be a better epitaph than Ollie Harvey, Bridge Builder.

Stuart’s 2018 Budget Should be Studied Carefully

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In my last post, I wrote how the state budget and mandates were affecting local municipal budgets. In this post, I want to discuss Stuart’s upcoming budget for fiscal year 2018. When I look at the trends, I am not pleased with the direction we are heading. I think the City is not looking toward the future but is rather planning no further than the present.

When I look at the total expenditures for 2018, the overall budget is increasing by $172,760. This is a modest increase. However, when delving into individual line items, a different picture emerges. Personnel costs are increasing by $780,064 while operating expenses are decreasing by $169,546 and capital outlays are $483,327 less than 2017. This frightens me because once employees are given raises; it is very difficult to cut pay. Instead, to close future budgets, you lay off employees. Though we do have reserves for the purchase of capital items, once exhausted those funds will have to be replenished.

On the income side, the City has reduced the millage rate a negligible amount from 4.552 to 4.5. This results in a savings of $5 for the median homeowner. The total amount to Stuart’s overall revenue is $110,000. It should be noted that because of increased value of properties, Ad valorem is still projected to increase by $268,000 in 2018. With this projected increase, the City is still collecting $1,000,000 less than it collected in 2009 in the amount of $9,255,000.

As I wrote in an earlier post, next year there will be a new additional $25,000 homestead exemption on the ballot. According to the Property Appraiser’s projections, if passed, this exemption will further decrease Ad valorem tax by an additional $157,000. Further, at some point there will be another recession which will lower property values resulting in less real estate taxes being collected. Because the legislature has enacted complicated rules having to do with how much taxes and millage can rise at any one time, we may once again be forced to impose severe layoffs and reductions in maintenance to our roads and parks because of the City’s inability to levy increases.

I would have preferred that Stuart not cut the millage and instead place the $110,000 into a “rainy day” fund. The median savings per household of $5.00 is in today’s currency the cost of a cup or two of coffee. Further, because of the loss of the $187,000 in rent from the vacating 7-11, any increase in taxes due to property value increases is negated by these two offsets. Unfortunately, I was the only commissioner that thought it imprudent to lower the millage rate this year.

It is my belief that governments should not plan budgets based on political or short sighted goals. Rather, our goal should be to keep both services and taxes on an even keel. Smart and responsible fiscal policies need to cause the least disruption and uncertainty to our taxpayers, residents and businesses. The more we can do that, the better we are serving those stakeholders.

Government Budgets And Taxes Are Interrelated

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I intended to write about Stuart’s budget for the coming fiscal year. When delving into the numbers, I realized just how tied our budget is to the state’s budget, and, more importantly, to their encroachment on how we determine ours. Much of the governmental services we provide are predicated not only on what funds they allocate but what they permit us to do. The more controls that are placed on municipal government by Tallahassee, the less that municipalities can respond to the needs and wants of local citizens.

For the past 40 years, we have constantly heard that taxes are bad. Taxes in and of themselves are not bad. It is the way that government uses the tax money that is either bad or good.  The old accounting maxim, “value received and value parted with” should be what determines if a service is good or bad. There is no such thing as services being provided free of charge. Somewhere and somehow, everything must be paid by the taxpayer.

As taxpayers, we pay our taxes to a variety of governmental entities. About 35% of Stuart’s revenue comes from real estate taxes. The rest of our revenue is everything from grants to our proportionate share of the communication services tax and sales tax to rents collected from city-owned leased property.

The State of Florida keeps roughly 93% of the total sales taxes collected throughout the entire state. This amount comprises a little over 60% of Florida’s total revenue.  When there is a sales tax holiday, that really is a tax cut that the state mostly finances.

Tallahassee has another way to give “tax cuts” without using any state revenue. Every time the legislature and governor pass and sign a law that restricts local government’s revenue stream, they have in effect taken credit for a “tax cut” but not allocated any funds to pay for existing services. Local governments must still provide police, fire/rescue, roads and parks. We just have one less fiscal source to help pay for them. For example, by lessening the percentage of the communication services tax charged on phone bills, municipalities must find the money elsewhere to provide services.

Another bill that the legislature was so very proud of passing last session was a constitutional amendment for an additional $25,000 homestead exemption. If passed by 60% of the voters in 2018 (which seems likely), the legislators will be credited with a “tax cut” without any state funds being used. The result for Stuart will be about $160,000 less in revenue. Do we cut services or raise other fees and taxes because of Tallahassee’s largesse?

At the same time in the past several years, Tallahassee has cut back on the funds that it sends to us for roads, sewer expansion and other grants. They expect municipalities and counties to continue providing these services but limit the sharing of tax dollars, restrict the ways we can raise money and pass additional mandates. This cannot continue without municipalities cutting basic services.

What everyone needs to understand is that nothing is free. Isn’t it better for Tallahassee to stay out of our local affairs as much as possible, and let local government determine how revenue is raised to provide the services that their citizens want? The Legislature needs to stop interfering and begin listening. A legislative committee chairman from Panama City has no idea what a resident from Ocean Breeze needs or wants. Tallahassee should take less from our pockets and stop telling us what and how to provide for ourselves.

Chicken Is On The Menu

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Chicken is back on the menu…or in this case the agenda. Commissioner Krauskopf, who now believes that the ordinance should be rescinded, is bringing it back a few weeks after voting to approve a 2-chicken limit. The more than 2-year saga into backyard poultry has shown the inability of our Commission to even make a simple decision. It is not about whether chickens should be allowed or not (more about that later) but the very act of how decisions are made or not made. The decision on backyard chickens is illustrative on how the City functions.

It is my recollection that the reason this ordinance was even brought before the Commission more than 2 years ago was because the former City Manager wanted it. I hadn’t heard of any ground swell of support except from Ground Floor Farms. At that time, I voted for only Ground Floor Farms to have the birds. It was to be brought back after some time had passed to see if it should be extended. From the very beginning, Commissioners Krauskopf and Clarke were in favor of allowing backyard chickens.

During the intervening time, I investigated other cities that had the animals and visited Ground Floor Farms a number of times to see for myself. I concluded that chickens were harmless. While some would have you believe that they are a vector for disease, I have found no definitive scientific proof. As I have stated before, I have a neighbor with an aviary that is legal. So, then, why not a few chickens? If 30 or 40 families want to have fresh eggs, then I favor allowing those families to do so under controlled circumstances.

I have come to the conclusion that it isn’t about the actual chickens but what they have come to represent. Young families and millennials that want a more natural way of living versus some in my generation of boomers who don’t. There is a belief by some that backyard chickens represent poverty and by having them in their neighborhoods, their properties will be worth less. And like so many things, there is a fear of anything new by some.

However, whether to allow the legal keeping of chickens should not be this gut wrenching matter that the City of Stuart still cannot resolve after more than 2 years. This indecision is emblematic of how we cannot come to a consensus on almost any matter. This is a make-believe controversy that is not worth the time that has been devoted to it. So once again, chicken is on the menu of the City Commission.

Martin County’s Infrastructure Sales Tax

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The county has introduced an infrastructure sales tax ballot initiative for the August election. If passed, the measure would add an additional penny per dollar to the current 6% sales tax rate. At present, 61 of Florida’s 67 counties levy an additional sales tax. This makes the local option more the norm than not. The same products (such as food and medicine) would be exempt from the additional sales tax. I had hoped that the parameters on what the county could spend the proceeds would be limited to water and road projects alone.  But, even without those limitations, I am still in support of the measure since Martin County needs to address our road and water project backlog immediately.

The County may seem like it is in a rush to have a vote without adequate time to educate the voters as to the merits of the proposal. Unfortunately, they are up against a legislature in Tallahassee that wants to strip the ability of counties to levy such a tax even after a vote of local citizens. Last session, bills were introduced to do just that. Martin County anticipates that the legislature will introduce such a bill in the upcoming year and perhaps pass it. This is what requires Martin County to have the measure on the ballot as soon as possible. Such are the unintended consequences when the state meddles in matters of local control.

As to the need for Stuart to have the sales tax enacted, it goes without question that without these funds, there will hardly be any capital improvement projects going forward. The City has a population of roughly 16,500. On the average work day, 21,000 people commute into Stuart to go to work and that does not count the many more that come to shop and dine. While we need to have adequate emergency services, roads and other amenities to accommodate this influx, these visitors pay no direct taxes.

No one enjoys a tax increase. However, we do want government to provide services and amenities. They cannot do so without adequate funding. That is why the passage of this additional penny per dollar spent is so important. As a county resident, I hope that Martin County will use the funds as intended. As a Stuart commissioner, I will only vote that the funds are used for projects in the best interest of our residents.

The Treasure Coast Goes All Aboard

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The lawsuit initiated by Martin and Indian River Counties against Brightline and All Aboard Florida was dismissed last week in federal district court. The dismissal ruling occurred because in 2014 the federal government’s loan guarantees were withdrawn from the sale of the bonds. Those bonds were to finance the West Palm Beach to Orlando leg of the rail improvements. The court ruled that the counties reasons for the lawsuit were now moot.

Brightline continues to insist that it will move ahead with its plan of running trains from Miami to Orlando. They will begin service from West Palm Beach to Fort Lauderdale in July. Then, in September, service will be extended to Miami. Perhaps in the dense population corridor between Miami and West Palm Beach another rail option besides Tri-Rail is needed. This new venture faces a similar problem to Tri-Rail. If your final destination is not by the station, then how do you arrive at that final destination? You can call an Uber or a cab, but that is another expense. The total dollar amount needed and the time it takes door to door will influence whether you drive or not.

As to going between Miami and Orlando, not only does the same problem occur when you disembark at the station, but the ticket and other expenses are much more than driving a car. No city in Florida has the population density that New York, Boston or Washington has. Those cities also have mass transit systems that leave the train traveler with options once they disembark at the station.

There is currently no government unsubsidized rail service in the United States. Even if you go back to the 19th century when rail was in its heyday, railroads were constantly going bankrupt and being reorganized. Their profits came from the vast amounts of land the government gave railroads to sell and develop along their rights of way. It was a subsidy in real estate instead of cash.

While there is a future for freight being shipped by rail, as time goes on technology will make passenger rail less and less economically feasible. As driverless technology becomes more widespread, it will be much more convenient to “hire” a car to transport you from Point A to Point B. The enormous capital that is needed to build and maintain a rail system will ultimately help speed the spread of driverless cars. This will become our new mass transit.

Not only is the self-contained driverless vehicle ultimately a cheaper alternative, it will be able to safely travel at high speeds closer to other vehicles than autos can now. When arriving at a destination, they will self-park not in the garages and lots that we see today but packed bumper to bumper to accommodate many more vehicles. This future may be a few decades away…but, it is coming. To look at the 200-year-old technology of railroads and call it the future is to live in the past.

The market will ultimately decide whether Brightline succeeds or not. I would suspect that without a government subsidy of some sort, it never will happen or continue for very long. The Treasure Coast needs to continue to fight against Brightline as well as the increased freight that may come. Stuart could be devastated by one derailed car of oil, chemicals or compressed gas. This 19th century mode of transportation should be confined to history books not to our downtowns.