Category Archives: City of Stuart

Where Is Stuart?

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One of my pet peeves is the number of people that state they live in Stuart when, in actuality, their homes are located in unincorporated Martin County. People living outside the City send emails complaining about something or expressing an opinion regarding an agenda item. What they fail to realize is that they do not vote in the City of Stuart, they do not own property or a business within Stuart, nor do they pay taxes to the City. Yet they believe they should have a say in how Stuart residents govern themselves.

Why is there such a desire by so many non-residents to consider themselves part of our municipal family? The first reason is many have moved to Martin County from somewhere else. Many of Martin County’s new residents originally found us because they vacationed here, or friends and relatives are already living here. Naturally to most of these people, whether they are on Hutchinson Island or in Port Salerno, it is all Stuart. Another reason is because the newspapers and TV stations identify stories as happening within Stuart when identifying the location as Jensen Beach or Rio would be more appropriate.

The third reason is that people don’t quite understand the governmental relationships between Martin County and Stuart. In other parts of the country, counties are not as consequential as towns, cities and villages. School districts are not county-based but could be part of a municipality or an independent district within a municipality. In the New England area, for example, governmental decisions are made at the town level. Counties have very few governmental responsibilities.

The last reason is probably the most prevalent. Martin County grew up around Stuart. The area even beyond the incorporation boundaries became known as Stuart. People became used to saying they lived there even if they lived outside the incorporated area by a street, or even miles. Until relatively recently if you needed to buy something in Martin County, you came to Stuart. If you wanted to eat in a restaurant or go to the movies, you came to the City. That, of course, is no longer true as Martin County has grown exponentially compared to Stuart.

With all that said, as a Stuart City Commissioner, I must remember who I do represent. While the thoughts and opinions of other Martin County residents may be relevant in some cases, I owe my allegiance to those who live within Stuart’s boundaries. As a Commissioner, it is my responsibility to do what’s right for my constituents — the citizens of the City of Stuart.

I Hate Florida East Coast Railroad!

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I hate Florida East Coast Railroad and Brightline. For longer than I have been elected, I have been fighting the coming passenger trains. I missed the CARE meeting last night at the Lyric because I was in Tallahassee for the Florida League of Cities. I applaud their action. I applaud Martin County’s continuing fight against this atrocity for all of the county’s residents. I continue to hate Florida East Coast Railroad and Brightline.

The scheme to run high speed trains along a densely populated corridor is insane. Nowhere else in the world would this be accepted. The cities and towns along the tracks are being asked to tolerate the intolerable. Our citizens are being told to sacrifice their quality of life for the profits of a private company. That private company falls back on 19th century federal law for their right to disrupt the wellbeing of millions of people. Everyday autonomous trucks and cars are closer to reality and yet we must accept the “iron horse” as a modern way for people and freight to be moved.

There is a bill going through the Florida Legislature which would mitigate some of the effects of the promised endless trains. I will be speaking to the sponsors today to thank them for their efforts. I don’t know if it will pass and be signed into law by our Governor? And, if so, will the courts uphold it because of the federal supremacy laws? That’s a good question. I am afraid that, no matter what happens, Martin County and Stuart will have to learn to live with the unimaginable.

I do believe somewhere and sometime along these tracks a train will derail leaking either chemicals or compressed gas, causing immeasurable harm. I believe there will be politicians screaming and saying to ban the train, but the train will continue. I believe that people will continue to be hit by speeding trains and die. I believe that the people of the Treasure Coast will be ignored for the sake of corporate interests.

With all that said, I also believe that we must look at what we can do to mitigate the railroad’s effect on our citizens. We must look at “Quiet Zones” so that our residents will not sacrifice all their quality of life. There is an argument to be made that, without the horns, people will not know that trains are coming. But there is something known as personal responsibility. Cars should not ignore gates being down and lights flashing. People should not be taking a shortcut by walking along the tracks.

Is any of this ideal? The answer, of course, is no. That doesn’t mean we don’t look at “Quiet Zones” and their costs. It is easy to bury our heads in the sand. It is politically more acceptable to not seek out less-than-optimal solutions. I want us to continue the fight in the courts and through Congress and the Legislature. I just want us to make sure we look at every option to ensure our residents and taxpayers have the best quality of life.

How Far Should Individual Rights Go!

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During the years I have been travelling to Tallahassee, I have spoken to many legislators in pursuit of advocating for municipal self-determination. One of the by-products of these meetings is receiving various legislator newsletters. One newsletter I receive is from Senator Greg Steube. Senator Steube is the ultimate property rights advocate — to such an extent that he wants to prevent any regulation by local government of the trees on your property. Another of his bills would prevent regulation of short-term vacation rentals.

In many ways I agree with Senator Steube’s philosophy of private property rights. You should be able to do what you want with your property. However, there is no right that is absolute. We need to remember that what you do on your property does affect your neighbor. So the question really becomes how much the government should regulate an individual’s behavior and actions.

If you live on a 400-acre farm, should you be able to have a garbage pit to throw your trash into? Should you be allowed to dam the stream that runs through your property to create a lake? In a more urban setting, should you have the right to rent out your home by the day?  Should you need a permit to cut down a tree?

First let’s take the example of cutting down trees. One of the most contentious items in granting development permission is how many and where trees can be removed. The second part of the equation is, after the developer removes the trees, how many should be replanted and what species. As a society, do we not want to encourage habitat for birds and other wildlife within our communities? Since most of us in cites live in very close proximity to our neighbors, how every home and yard is maintained has a direct economic and aesthetic impact on other property owners.

Vacation rentals can pose problems. If I move into a residential single family neighborhood and the owners of the house next door begin renting their dwelling out on a daily or weekly basis, doesn’t that have an impact on my rights? If I wanted to live in a more commercial setting, I would have chosen a different place to call home. We have zoning to prevent just such problems. Hotels must follow certain building and health codes for the protection of their guests and public. What about the tax money that is lost to jurisdictions?

It has been my experience that local government doesn’t regulate just to regulate. There usually is broad support for the ordinances they enact. Tallahassee should not concern itself so much with what cities and towns do but rather with statewide problems. Senator Steube is not only a state senator but a citizen of a local jurisdiction. He has the same rights as any citizen to petition his local elected officials to change the local ordinances that he does not like. If enough of the local electorate agrees, it will be accomplished.

What he or any state legislator shouldn’t do is use their authority to circumvent Florida citizens’ local self-determination. If enough voters of a municipality want to change something then they can elect others in the next election that agree with their position. Unfortunately, Senator Steube and other legislators believe that Tallahassee should be the arbiter of what we do locally and not you, the people who actually live, pay taxes and vote within your communities.

What Is the Indian River Lagoon & Council

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I attended a meeting of the Indian River Lagoon Council Management Board this past week. As the representative of the Treasure Coast Regional League of Cities, my purpose for being appointed is to give the other board members the perspective of our cities.  What you quickly discover is that the problems of our Indian River Lagoon are not restricted to Stuart, Martin County or even the Treasure Coast. The estuary encompasses five counties and two water management districts. Each of those areas has its own set of challenges which affect the water quality in everyone’s areas.

The Indian River Lagoon (IRL) has three main bodies of water: Mosquito Lagoon, Banana River and the Indian River Lagoon. There are no true rivers because there are no headwaters and no mouths, such as the Mississippi River has. The IRL is an estuary and that is why it is part of the National Estuary Program.  The Council is a federal program under the supervision of the Environmental Protection Agency (EPA) and is funded by Congress.

Through the IRL grants program, local governments and other organizations can participate in an RFP process to secure funding for water quality projects. This is an additional source for money besides going to the Florida Legislature. The Indian River Lagoon Council is a resource that should be used in our fight for our Florida waterways.

As I have repeatedly said and written, there is no one magic solution to Florida’s water quality problems. It took over a hundred years of neglect, ignorance and, in some instances, downright skullduggery to create this problem. We will need another century and billions of dollars to correct it. One water farm or reservoir or sewer system is only one piece of the puzzle in this ongoing fight.

So I will continue to make what contribution I can in this area, both as an elected official and resident of the area. Unfortunately, this should be looked on as a multi-generational struggle. I am not going to blame or demonize one industry or interest group.  That would be counter-productive to achieving the goal. It took all of us, either through greed or ignorance, to harm our estuary. It will take everyone to help in its transformation into what we want it to be.

 

We Need to Discuss Quiet Zones

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In the past few months, my thinking has changed on the subject of “quiet zones” along the FEC right-of-way. With the near exhaustion of Martin County’s court challenges, which I believe the county was correct to bring even though they were not successful, we should seriously consider this option. Whether one believes Brightline will succeed as a business model or not is becoming less relevant. It is also irrelevant whether there will be more freight or not. The reason I believe that we should explore this option is because, if they build new tracks, whatever will run will go faster and be noisier.

What is the downside to having “quiet zones?” First, since there are still open areas the public can access, individuals will not have the warning of the train whistle. This can make it easier to have fatalities. Another reason is that it is much more expensive to have four gates than two gates at grade crossings. The City will be maintaining the crossings and those costs will be added to our budget forever. These are both serious considerations that need to be weighed before any final decision is made.

To qualify for the improvements necessary for “quiet zones,” trains must be traveling above 79 miles per hour; none of Stuart’s crossings reach that speed. Brightline only has to pay for improvements for intersections where the train is travelling above 79 MPH. Therefore, Martin County would have to request the implementation of “quiet zones” throughout the County. I believe this would have to be done in conjunction with the Martin County MPO. But the time has come for us to have an open and frank discussion unclouded by politics.

In the past, other elected officials and I have been reluctant to broach this subject. During our legal and administrative challenges to Brightline, no one wanted to undermine our efforts. With the winding down of these cases, we need to look to our future. While there still is a glimmer of hope with bills filed by Senator Mayfield, Representatives Magar and Grall in Tallahassee, we do need to at least begin a dialogue to see what is possible to minimize the impact.

Our Martin County Future

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What do we expect the future to bring for Stuart and Martin County? If we look at our current County Commission, we know that it is about to experience change to its composition. With the indictment of Commissioners Heard and Fielding on public records violations, there will probably be different people sitting in those seats. This could occur this year by resignation or removal by the Governor or next year at the ballot box.

Both Heard and Fielding have a distinct point of view on development that precluded growth outside the Urban Services Boundary (USB). They also fought development within those boundaries. I agree with much of their philosophy outside the USB boundaries. I differ with them within those boundaries. If you want stop sprawl, and both say that is their stated goal, you need to allow density within the USB.

Sprawl occurs when you have mono-functional development. Under the current Comprehensive Plan, 20-acre ranchettes are allowed. It may be that you won’t be able to see your neighbor, but this is development away from jobs and shops. Regardless of the type of housing, you still will need roads, schools and other services. The people who live in these scattered communities will need gas stations and stores.

Therefore, if you want to keep agriculture, you need to concentrate population and growth within our cities and towns. If you want Martin County to avoid what occurred in South Florida and the I-4 corridor, then we need to plan better for sustainable development. The blanket “no” so often heard by businesses from the county needs to be tempered to allow for reasonable and smart growth.

At some point the Urban Services Boundary will need to be expanded. But, for now and the immediate future, let’s have infill development and re-purpose properties that are no longer economically feasible. Our half-empty 1960-type retail strips and our aging housing stock need to be re-developed. More and more people want to be part of a community, to know their neighbors and walk to a store. Isn’t it rational that we not be tied to mid-20th century development patterns?

I am not advocating some central plan where we herd everyone into condos. I am saying that we need to look at trends to determine what type of lifestyle we will have in 10, 20 or 50 years. Infrastructure is expensive to build and maintain so, before we commit to expanding Martin County’s, we need to look to what the future will bring.

As we look at the Martin County of the future, do we continue to do things in the same way or open our minds to a more wholistic approach? Do we look at one project coming forth at a time or do we have a Comprehensive Plan that can be used as a planning document for growth instead of a document that impedes it? Stuart should be a center of a new urban dynamism. Along with our sister cities, we should be where the action is. We should be the engines of economic and population growth. Martin County should be thinking of why county government exists. It should exist not to provide urban services but to function as political subdivision of the state. Let new cities be formed out of all the current county CRAs.

There will be nearly 21 million Floridians by the end of 2017. Does anyone really believe that Martin County will be left out of having an increasing population? Just in the past two months there has been an influx of more than 200,000 Puerto Ricans fleeing the ravages of Maria and bad government. People from the entire U.S. want to live and work in our state. Eventually some subset will find Martin County. Let’s be prepared.

 

Stuart Needs to Take Care of Stuart

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As many of you may have read or heard, the Martin County School Board made a presentation at the last City Commission Meeting. They essentially wanted Stuart to turn over Sailfish Baseball Fields and the Public Works Complex gratis for their new administration building. They would then sell their current six-acre location and keep those proceeds.

I am against the City giving away the 11 acres that comprise the ball fields and public works complex.  Then, in perpetuity, we would receive no taxes, fees or any other revenue for this most valuable site. It is anything but a “home run” for us. In my book, it’s not even a single. Not to mention their proposal would have us sharing (and contributing to maintain) a few new ball fields which we would only be allowed to use when the school board wasn’t.

This is something I could never support. No taxes and no ball fields, how could any Stuart elected official be for it? Some might say that the administrative building contributes to the economy of Stuart. To a very limited extent that is probably true. But to imagine that a new building is going to bring shops and restaurants to the area is not credible. The existing complex on East Ocean Blvd has not resulted in any shops or restaurants around it. What would cause a different outcome?

This may seem a radical notion but why does the School Board need to be within city limits? In 1950, when Stuart comprised 40% of Martin County’s population, there was perhaps a reason. But today when Stuart only accounts for 10% of the population there is no compelling reason. The vast majority of their staff lives outside the City. Further Stuart has 1% of the total land mass of Martin County. How can we afford to give up taxable land to another government entity and not even be paid for its value? Never mind the lost tax revenue and the loss of our ball fields.

As a custodian of Stuart residents’ money, how could I possibly do that? How can I ask Stuart’s 10% of Martin County’s total population to contribute such a valuable asset to the other 90%? We are not still a rural county with Stuart being the home for those who “live in town” and where the money is. That was true when the County was incorporated in 1925 but it is no longer true today. Communities that are outside the City, such as Sailfish Point, Jupiter Island and even Sewall’s Point, are where the wealth is.

If we are to maintain our quality of life we need to make sure our assets are used for City residents. We need to have our recreational fields under our control. We can’t just give away our assets. We need to be independent and do what is best for Stuartians. Yes we are part of Martin County. We pay both County and School Board property taxes. Therefore, we do not need to also subsidize further those governmental agencies since we are already paying our fair share. I cannot in good conscience claim to represent the people of Stuart and then give away those assets. That is unconscionable.

 

 

Snowbirds & What They Bring

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I live on the St. Lucie River where the mooring fields are located. In the last few weeks I have noticed (as in past years) that there are more and more boats on the balls each day. By January 1st, there will be a couple of hundred boats on the mooring balls and in the marina. Some people will live on their boats. Others will live on land in apartments or homes.

These “snowbirds” will eat in our restaurants, buy goods in our stores and use the Stuart tram as a mode of transportation. They will provide additional jobs for those working in our stores and restaurants. Sales taxes will be paid on the food ordered to eat and any purchases made. In general, our boaters and all seasonal visitors arriving from New England, Canada or wherever will become part of our community for as long as they are here. I gladly welcome them to the City.

Many of us that stay year-round will complain about increased traffic. Or how they will need a reservation to have dinner at their favorite restaurant. But, isn’t that a good thing? Isn’t it better to have more people paying taxes and putting permanent residents to work? Dollars that are brought in from up north are new dollars coming into our local economy. “Snowbirds” or, as I like to say, part-time residents add vibrancy to our town. They contribute to our tax base and our local charities. They are members of our organizations and clubs. They are just like the rest of us who are here year-round except they are with us for only five, six or eight months a year.

When I look at Stuart, I like the fact that our part-time residents share the space. I wouldn’t mind more of them. But I also want more full-time residents who will return after college and raise their families within our borders. I want to see entrepreneurs move to Stuart and open businesses. Artists should be making art and living here. More children need to be playing in our parks and in front of their homes. Seniors should be able to take advantage of our numerous parks and recreation center.

Stuart needs people of every income strata, race, occupation, age and persuasion. I want to welcome all to our stores and places of worship. Cities should be places of diversity and understanding…tolerant and embracing. Maybe even a little quirky and original — such as only having a four-story height limit.

 

A Little Understanding

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When Martin County passed a comp plan that tightened its four-story height limits in 2013, I applauded the action. Along with the clear majority of county residents, I support that height restriction in the county — and in Stuart. Do I think the recent change passed by the Board of County Commissioners will result in the limit going away? I don’t! In fact, what I have come to understand is that the actions taken may strengthen the four-story maximum height limit by removing the possibility of legal challenges to it.

What I now appreciate as a City Commissioner is how one action can have the opposite effect from what was intended. Trying to apply a universal rule is quite difficult, especially when it comes to land use or zoning. I believe it is much better to approach each application individually. Unfortunately, there needs to be some “as-of-right” development and zoning so that there is not a bottleneck every time a house is to be built or a business is to be opened. “As-of-right” development is development which is in compliance with all regulations and, therefore, does not need any discretionary action for approval.

We can shape zoning and neighborhoods by the liberal use of neighborhood overlays. I have been working with the new City Manager regarding having neighborhood meetings so that the City can narrowly focus on what residents want within distinct boundaries. In the immediate, and I would say long term future, it is important that we preserve our residential home areas and for the City to concentrate on commercial and multi-family development within our economic corridors such as Federal Highway and Kanner Highway.

We do need to grow larger and more diverse to maintain our vibrancy as a City. Our population ratio in comparison to Martin County’s will continue to diminish, which will make our long-term viability less and less sustainable. So much of the revenue the City receives is based on the percentage of Stuart’s population as compared with Martin County’s overall population. Our political clout as a City becomes less and less as the percentage of voters continues to decrease as a ratio of total voters in the County.

We can continue to enjoy our status as the most livable city on the Treasure Coast and thrive economically and politically. But nothing is done within isolation. Stuart, Martin County and our nation are going through a great period of technological change. Many people just want to return to the “good old days.” While much about the past should be remembered and revered, we should not be in fear of the future. If we want to actually maintain the best that we have, we will only ultimately do so by looking ahead.

 

My Governing Philosophy

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My Governing Philosophy

I could not adequately represent the voters and residents of Stuart without having a clear and understandable set of governing principles. By that, I don’t mean the kind of empty platitudes you see on campaign literature. Rhetoric such as “strong leader” or “good government” are nothing more than hackneyed phrases and mean nothing. When choosing a candidate is the voter ever looking for a weak leader or bad government?

When gauging a true philosophy, one could look to party affiliation. In today’s world, a political party is more tribal in nature than a set of principles to guide a decision. Gallup, in a recent poll conducted in early October of this year, shows that 24% of the electorate consider themselves Republican, 31% Democrat and 42% Independent. As we have seen there is a wide gap in philosophy between the Brannonites and the McConnell wing in the Republican Party and an equally large gap between Bernie Sanders followers and those of Hillary Clinton with the Democrats.

So here is my governing philosophy in representing the people of Stuart:

I will always be your advocate with the City’s staff in solving a problem. When voting on a matter, I will do what I perceive is best for all of Stuart over one individual or group of individuals. I will not vote in favor of something just to “get along.” I will not condone the frivolous use of tax dollars. That does not mean I will vote to cut or not raise taxes when doing so is appropriate. We need to pay for services that the City provides in a manner that does not spend down our reserves. That’s one of the reasons I voted against the current budget.

In representing you, the citizens of the City, I will fight for your interests. Even if by doing so I make enemies within our staff, at Martin County government, the state legislature, and my fellow board members. I don’t take campaign contributions, so I am not beholden to anyone. I am not running for a higher office, so I don’t need to subordinate your interest to achieve that goal. I do not work or operate a business within Martin County, so there is nothing to suggest I have an ulterior motive in any vote I cast.

I want to help our existing businesses, and any new businesses that come to town, succeed. We cannot have an economically healthy or vibrant city without a strong and diverse base. But every job created or business opened needs, in some way, to add to the overall good of the City. Presently we have more jobs based in Stuart than residents actually employed in those jobs. We need, through innovative policies, to make it possible for more residents to be able to work and live within our boundaries.

In short, my governing philosophy is you. The residents, voters, and citizens of the City of Stuart are my concern.  All the ethics codes enacted and sunshine laws passed do not amount to a hill of beans if the people we elect have no inner sense of right or wrong. The mark of responsibility is how you act consistently, whether the public is watching or not.