Category Archives: Martin County

Trains, Society And Rights

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I read about one more train accident this morning involving a car in Los Angeles. As we know, this is no isolated freak occurrence. According to the Federal Railroad Administration, in 2014 there were 2,280 crashes involving cars and trains which resulted in 267 fatalities and 832 injuries. The statistics state that 50% of crashes happen within 5 miles of the motorist’s home, and that in car/train collisions, the motorist has a risk of being killed 20 times greater than a car/car crash.

While train/car accidents are significantly less than they were 30 years ago, are these reduced numbers of much comfort to the surviving families or to us as a society? In the wake of the horrific collision that occurred earlier this year in suburban New York, the Wall Street Journal reported last week that New York’s version of railroad police now are giving motorists tickets at rail crossings to prevent more crashes. An auto or truck is no match for either a lumbering freight or a high speed passenger train.

In 1847, New York City authorized freight rails to run in the center of an avenue on the west side of Manhattan.  At that point in time, Manhattan had a population of less than 500,000 most of who lived and worked below 14th Street which was far from the rails. As population grew, the trains running at street level killed more and more people. At one point, they had “cowboys” on horses waving flags in front of the trains to warn people. Eventually in 1929, Robert Moses elevated those Westside freight rails and it became known as the “High Line”. With the growth of interstate trucking and the loss of manufacturing in Manhattan, the “High Line” was eventually abandoned resulting in a neglected ruin. With imagination and tenacity, visionaries turned the “High Line” into a park that people from all over the world come to visit today.

I mention the “High Line” to make a point.  Perhaps we are ready, as Manhattan was almost 90 years ago, to stop the fiction that a freight or passenger line can safely operate at road level in a populous corridor. How many derailments or accidents or deaths does it take before our state and federal governments sees this folly for what it is? Should we also have cowboys waving flags? When does the good of the many triumph over the interest of the few?

Sometimes individual rights must be curtailed for the greater good.  The nation decided that a cohesive society was better maintained by a policy of non-discrimination than the individual’s right to deny service based on race. No right is absolute including property rights. Time, demographics and new technology change what society deems appropriate and lawful. It may be that we reached a moment when the right to have a railroad in the center of a population hub consisting of millions of people is no longer feasible.

Representing You In Tallahassee and Stuart

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Another legislative season is in full swing in Tallahassee. I have been there twice this session lobbying for Stuart and all Florida cities with the Treasure Coast League of Cities Advocacy Team. Once you are there, you go from legislative office to office pleading your case with either a legislative aid or, if fortunate, the representative or senator directly. It is easy to become lost in the maze of corridors and interconnected buildings that make up the capital complex. Somehow, we made it to every appointment on time.

Why is it necessary to go to the state capital to see our representatives instead of just e-mailing, telephoning or even seeing them when they are home? We do all of that but it is important to make our case while they are actually considering legislation that will have a direct impact on our city. Just as you and I cannot think of all the ramifications of a particular piece of legislation, neither can they. The objective of our visit is to make sure that our point of view is heard before a vote is taken.

Too often a local problem that is unique to one place becomes the basis of far reaching legislation for the entire state that may adversely affect Stuart or Martin County where that unique problem just doesn’t exist. Another reason is that anytime that Tallahassee passes a law making the localities do something without providing the funding, we may have to raise taxes to comply. The same can occur when the state gives another property tax exemption or does away with a fee that we currently are collecting. In each case, local government could be forced to raise taxes to cover the shortfall sometimes affecting the very people that can least afford it.

In the past, the legislature and governor have enacted legislation which pre-empts local government from prohibiting or regulating certain businesses or industries. For example, Tallahassee has prohibited localities from regulating vacation homes or apartments. How would you like to live next door to a place that changes occupants daily? Sober Homes are another good example of the federal and state governments trying to help people but the law of unintended consequences has resulted not in treatment facilities but rather with warehouses for people with serious problems located in our residential neighborhoods.

That is why I go to Tallahassee to preserve our rights to Home Rule. The best form of government results when it is as close to the citizens as possible. Nothing is closer than I to you. Seeing me is no rare occurrence because I am your neighbor, your customer and your friend. We share many of the same concerns, have many of the same problems and live next to each other. I go to Tallahassee to represent your interest just as I do on the city commission.

 

GLAMOUR!!!! GLITZ!!!! RAZZ MA TAZZ…AND ALL THAT JAZZ!!!!

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GLAMOUR!!!! GLITZ!!!! RAZZ MA TAZZ…AND ALL THAT JAZZ!!!!

That is what some people consider development or progress. The sizzle will give us the flair. Style will draw the crowds. Gimmicks will bring jobs and people flocking to our downtown. The substance and values of the place does not matter.   Let’s be like Las Olas in Fort Lauderdale or Lincoln Road in Miami Beach. Let us transpose our city to have the look and feel of Clematis Street or become Delray. That will spell success for us some say.  I am surprised someone hasn’t mentioned the noise and crowds of Bourbon Street, New Orleans for Stuart to emulate.

Some people (and for the most part not even residents of the city and in some cases not even Martin County) have big opinions on how we should look. How we should develop. Those are the people that are only looking to their bottom line for their businesses or real estate holdings. Commercial businesses are important but are only one piece of the puzzle for the health and wealth of a community. The citizens, residents and voters should be the deciding factor on what the soul of the city will be.

In Shakespeare’s Coriolanus, Sicinius asks the citizens: “What is a city but the people?” To which the crowd respond: “True, the people are the city.” I believe the people who live in the condos off Palm City Road and on East Ocean and in all our neighborhoods chose to live in Stuart not somewhere else because of what we represent. We have a real downtown not an “Entertainment District”. Our shops and restaurants are reflections of us. Are we Glamour or Glitz?

Let us do the hard work of revitalization where needed. Let us be the city where families of all ages want to buy homes and apartments and put down roots. Not occasionally come to have a good time and leave because the cacophony of noise is not where they want to live and raise their children. Let’s make sure that we incentivize homeowners to revitalize and expand their homes to increase our tax base. Though Martin County school board is in charge, we as citizens can embrace and volunteer to make Parker and Stuart Middle better so that families stay as their children become school age.

Stuart should be Stuart. We should capitalize on our “old Florida charm” and embrace our 4 story height limit to attract visitors. We need not resort to being pale copies of somewhere else. Hotels on bridges and seaplanes on our river or restaurants on roofs will not make us better or different than a hundred other places. Our “brand” is established let’s build on it not destroy it for the sake of the glib and the hype of the ridiculous.

Gossamer dreams of Eldorado or other such nonsense will only lead to the failure of our city. We do need a vital downtown. That is something we already have. I also believe you can’t make us something that we are not and succeed. We want to be Stuart not Delray or Clematis Street. We don’t want to be an “Entertainment District” with all that entails. That is a scenario for our demise because it will drive away most of the current patrons of our restaurants and downtown businesses.

Further on in the same scene in Coriolanus, Cominius states to the crowd:

“That is the way to lay the city flat;

To bring the roof to the foundation,

And bury all, which distinctly ranges,

In heaps and piles of ruin.”

 

To which Sicinius replies: “This deserves death”. I agree the idea of Stuart being Glamour, Glitz, Razz Ma Tazz and all that Jazz deserves the same. Once we as a city allow those things to occur we won’t be able to go back. I hope Stuartians as the Romans in Shakespeare’s play say the same. I don’t believe we want to become just another soulless purposeless dot on the Florida landscape so that maybe a few will make a little more to the detriment of the rest of us.

LET CITIES PROVIDE URBAN SERVICES

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The next time one of your state legislators tell you that they are in favor of small government and letting the people decide don’t necessarily believe it. While they may mouth those platitudes to mirror the sentiments of most Floridians, they may still believe they know what is best for local governments and you. An example is a bill being introduced in the senate to take away the rights of municipalities to bring water and sewer projects forward.

Known as SB 442 it is emblematic of a problem that municipalities in non-chartered counties face. Over time non-chartered counties have come to resemble municipalities in the services they provide. This has resulted in a competition between municipalities and counties that Chapter 180, F.S. was written to avoid. Counties are very much political sub divisions of the state and were created to help the state government in providing state services.

On the other hand, municipalities are also creatures of the state but with the difference that they would be formed by a group of citizens under the auspices of the legislature to provide urban services such as water and sewer. The intention of “home rule” was to allow cities to be centers of urban life surrounded by the rural area in the unincorporated part of the county.  As time passed and the rural areas became urban with higher densities outside the existing city’s boundaries, the city would annex those unincorporated areas and provide urban services to the newly added residents.

The legislature should be encouraging more annexation of unincorporated areas into municipalities as they go from rural to urban. The legislature should also encourage builders of larger, newer developments to provide urban services and to incorporate as cities as part of the approval process.  By having only municipalities providing urban services, the schizophrenic nature of non-chartered counties in terms of what and whether to provide urban services would cease.

As a state, we need to distinguish between the functions that counties should provide and those that municipalities should. If each acted only within the scope of its responsibilities, then instead of competition developing, a symbiotic relationship would occur between non-chartered counties and their municipalities. This would further the people’s right to “home rule” and lessen the issues of “dual taxation.”

Counties need to remember that when surrounding areas are annexed into a municipality the people in those annexed areas are still citizens of the county. They still live within the county, they still vote within the county and they still pay county taxes. The nature of the services provided by the municipality is essential in allowing for increased density and development to occur in the area outside current municipal boundaries.  This development will occur and the citizens of the unincorporated area will demand urban services. Does it not make more sense to have the entity that was created to provide such service to do so? Annexation is a good thing and not something that should be looked on as an encroachment.

2014 A Good Year

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As we in Stuart and Martin County see the close of 2014, it has, for the most part, been a good year. What constitutes a good year is fairly subjective. There were no further releases from Lake Okeechobee this rainy season. However, water continues to find its way to our estuary through the various canals bringing unwanted nitrogen and phosphorus. We passed Amendment 1 which should give the state a dedicated money source to acquire and preserve land. The management and choice of what land to buy is in the hands of Tallahassee. Perhaps the citizens and the state pols will be in synch this time. As we have seen, just because we, the people, vote one way, the legislature and state executives have no problem ignoring our wishes.  One good example is the implementation of the fair redistricting amendment that the politicians and legislators went to court to prevent and used our tax dollars to pay to fight against us.

All Aboard Florida continues its plan to wreak havoc on Stuart and the rest of the Treasure Coast in spite of the immense grass roots uprising against moving forward. While it seems that Patrick Murphy and our local state legislative delegation is with us, Governor Scott, the legislature and Washington (including our two senators) are actively encouraging the plan or are silent. The good news is that it is still far from a done deal here on the Treasure Coast.

In Martin County, the one cent infrastructure sales tax was defeated by 72 votes. Though it was passed by Stuart residents, it was caught in the politics of Martin County. I believe it would have passed if past county commissions had used all of the funds from the last sales tax as intended. Instead, some of that money was used for things that many of us would not consider infrastructure such as Splash Water Park. Government should be concerned with infrastructure repair and improvements not theme parks. Martin County, Stuart and the other municipalities are now poorer for that earlier mistake.

The economy has rebounded with unemployment standing at 6%. While it was lower prior to the Great Recession it still is remarkable progress. Now that the economy is better, we need to encourage smart and sustainable growth within the urban service boundary. Martin County does need to grow in order to continue to be viable. The tax base needs to increase or the rest of us will pay more for fewer services.

Stuart also needs to grow … especially in population. We cannot sustain a city unless we have the people and resources to do so. If we cannot attract middle class young professionals, we will be a city of rich and poor.  The city cannot maintain services if less than 50% of the residents pay little or no tax. While Stuart is business oriented, the inequities of sales tax distribution allows the county to discourage business but still collect the overwhelming majority of sales tax (most of which is produced in the city). This is an inequity that cannot continue.

There were other good things that happened this year. We had a special meeting on the Palm City Road issues and the city commission will be sending the ideas expressed by the residents to the county for study and further implementation since they own the road.  The city commission also voted to have a camera installed in the chamber to record our meetings for viewing at home but also to have live streaming of the meetings in real time.

It seems to me that 2014 was a good year. While not many problems were solved, none are worse.  Maybe 2015 will be the year that we solve and eliminate some of those problems. I want to wish all a Happy and Prosperous New Year!

 

Why Is All Aboard Still Considered A viable Project?

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Why is All Aboard Florida still considered a viable project? The DES is nothing more than a cruel joke. It is supposed to be a serious study on the impacts that will occur if All Aboard is allowed to move forward. When will Tallahassee and Washington finally say enough and make them go away? Well don’t hold your breath waiting for that inevitability.

All Aboard Florida is an example of our capitalistic system run amuck. It is a story of the power of the lobbyist…the campaign contribution…the good old boy network at its worst. What is so galling is the fact that the company won’t even make an effort to mask their disdain for the process while we, the residents of the Treasure Coast, make an effort to decipher the DES and come up with alternatives to trains racing through our downtowns. The folks at All Aboard Florida couldn’t care less. They know that they have the politicians right where they put them.

These are neither bullet trains nor truly high speed. Those run through sealed corridors and at speeds not even anticipated by AAF. This is a sham perpetrated on all Americans but especially devastating to the Treasure Coast. Nothing that the company can do will change the insanity they want us to accept. Anyone who believes a stop in Stuart or Fort Pierce will ameliorate this destruction must be dreaming.

All Aboard Florida is a scheme in search of a reason to exist. Even with a stop in Stuart it is unlikely that I would use the train. Last week, my wife and I drove to Miami to catch a flight. In an hour and forty five minutes and for about $20 in gas and tolls we were there. No humping of bags up and down staircases or trying to get from our home to the station. A few days before that I drove to Orlando for a conference in a little less than two hours at about the same cost. There is no way that the train will be faster or less expensive or more convenient.

No, All Aboard is not a rational proposal. It is not a sound business model. It may be an excellent way to develop real estate in Miami but that could be accomplished without the havoc that this will wreak on the residents of the Treasure Coast. The company is willing to spend billions of tax payer money in order to build their properties. It could be in loans or government backed bonds or through subsidies, but in the end, there is no justification for this nonsensical scheme.

The River, Snug Harbor And Annexation

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Much has been made by some of the residents and one county commissioner regarding the City of Stuart bringing sewer services into Snug Harbor, a neighborhood that is in unincorporated Martin County. Stuart has received a grant to do this work, and the city is proceeding under an inter-local agreement. The City’s prime reason for doing so is to allow these homeowners to do away with septic tanks which would ultimately improve the river quality.

This does not obligate homeowners to hook up to the sewer system.  Each individual homeowner can make the decision to remain on their septic systems or hook up to the sewer. However if they do take advantage of the services the city is offering, one clause in the agreement would be agreeing to be annexed into the municipality at the city’s option. Stuart has never invoked this clause in the nearly thirty years of providing these services, but it could in the future. This, to me, does not seem like a cause for histrionics or other misplaced rhetoric.

The arguments being put forth by a few who are against the project are specious and misleading. At any time, the county can extend its sewer system to this neighborhood, but it has not done so for a very good reason. The cost, which was provided by county staff, was $23,000 per residence. The city’s cost would be $7,000. The price differential is strictly because Snug Harbor is surrounded by the city. This leads me to two observations—one, why would any home owner want to pay over 300% more, and two, why isn’t Snug Harbor part of the city anyway?

Recently Beau Rivage, which had been part of St. Lucie County, petitioned and was annexed into Martin County at the request of the residents. They also were an enclave similar to Snug Harbor, and services such as first responders would have to travel through Martin County from St. Lucie to reach the residents. Luckily for Snug Harbor, other agreements that the county and city have allow Stuart to respond to their emergencies. It would only seem logical that this particular neighborhood becomes officially part of the city which surrounds it.

What would be the downside to the residents in incorporating into the city? While a homeowner will save $16,000 on sewer hookup it would pay more in taxes and fees. A home valued at $500,000 (which is above the median and average for that neighborhood) would pay approximately $1500 more per year. Without taking into consideration future value of either taxes or the difference in the hook-up fees, it will take more than 10 years of increased taxes before approaching the cost of hooking up to the city.

With 5 years notice, either the county or the city may abrogate the agreements which allow each of the entities to provide water and sewer in certain instances within the other’s boundaries. If one of the parties were to abrogate the agreements, then it would cost the city approximately $12 million and the county $9 million to provide our respective residents those services. Which means each and every one of us would pay for it. From everything I know as of today, I as a city commissioner would not vote to abrogate those agreements. Unfortunately at present, one county commissioner seriously wants that commission to consider doing so. We all know the proverb “to cut off your nose to spite your face”. Perhaps the commissioner doesn’t realize we are all residents of Martin County.

The entire issue of the city’s boundaries needs to be addressed and done so in a thoughtful and enlightened way. Hyperbolic and incendiary language has no place in the discussion. A citizen of Stuart is still a resident of Martin County. He/she will pay the same taxes to the county except for the fire MSTU. Fire protection would then be provided by the city. He/she will still go to the county beaches and libraries. Annexation is not a divorce or separation; it is a choice to live in the community where you dine, live and shop. Here is another way to think of it….. if you are a member of the Lion’s Club and you also choose to belong to the Knights of Columbus, you don’t stop being a Lion when you become a Knight. The same thing goes for being a resident of Stuart…you don’t stop being a resident of Martin County.

Stuart’s Public Schools

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Last week became “Stuart Education” Week for me. I spent time at J.D. Parker and Stuart Middle School. Since these are the public schools that serve Stuart children, I thought it was appropriate to take a look. What I found was very pleasing to me and should be for every parent, tax payer and resident of the county.

I started off the week with Dr. Chris Jones, the principal of Parker. His enthusiasm for the kids and learning was contagious. It seemed the staff and teachers were delighted to be at the school. They were doing everything possible and were successfully motivating the children to learn their lessons. Children at this age are like sponges just soaking up everything around them. Language arts and math, of course, are most important, but the students also have art, music and P.E. to round out the curriculum. The only thing I would like to see would be the introduction of a second language in our elementary schools as is the case in most of the rest of the developed world.

For the past 46 years, Sigrid George has called Stuart Middle home. She started as a teacher and has now been the principal for several generations of students. Ms. George not only believes in the value of the school for our children but her own children and grandchildren have been students there. I spoke to several civics classes and was amazed at their general knowledge of government especially their knowledge of local responsibilities. If I am lucky, I will be invited back in the spring to speak to these kids again.

My children were already adults when we moved to Stuart so they did not attend Martin County schools. So like so many of our residents, I really did not know what to expect when I walked through the door of these schools. I was both surprised and pleased to know that our children were learning not only the basics but also have the opportunity to take elective courses such as marketing which introduces different concepts but reinforce math and language arts.

Could things be improved at these schools? Sure they could. Both principals have ideas and plans that will do just that. There is no panacea for making our education system better. When we compare ourselves to the world, our reading scores are 17th, math 31st, and science 23rd. While Martin schools rank near the top in the state, Florida is still not a top tier state for education.  But any failings belong to us as a community, a state and a nation and not the students who attend the schools.

Just because I no longer have children in school doesn’t mean I shouldn’t remain involved in our schools. These kids are going to grow up and be the nation’s future. I want to support them all I can. All of us should.

 

 

Why I Support the Infrastructure Sales Tax

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Where does Stuart derive funds for its infrastructure projects? Some of the money comes from state and federal grants that usually require local matching dollars. We could borrow the money, but we are fairly conservative and have not typically resorted to that. That leaves either increased real estate taxes or sales taxes. Real estate taxes are 100% paid by city tax payers while sales taxes are paid by anyone who shops and dines in our city. This means we can have our entire infrastructure improvements paid for by an increase borne only by the residents or collect a good portion of the funds by non-city residents.

For many years, the American Society of Civil Engineers has rated America’s infrastructure at a D. We are not spending enough to maintain our roads, bridges and water systems. Unless your dream is to have our 20th century civil improvements disappear, then it is urgent that we spend money to fix and improve our aging infrastructure. You would not allow your home to go unpainted and the roof to leak. It is the same for society’s homes and roofs.

Stuart’s city manager, Paul Nicoletti, has put together a video which is on the city’s website, and I urge you to take a look as he explains what the city will use some of the proceeds of the sales tax to do. Beside road and water projects, Stuart wants to finally install bathrooms at Memorial Park, improve the only recreational center for our children and expand our down town Riverwalk. In order to continue to be a place that people want to live and visitors and tourist want to shop and dine, these are needed improvements.

A city doesn’t remain static…it either grows and improves or shrinks and deteriorates. We do not need to sacrifice our old Florida feel and charm to accomplish the former. But we do need to provide amenities so that our young people want to remain and raise families and our seniors can stay and age in place. This question of livability does not come by burying our heads and saying nothing needs to change. We need to spend our dollars carefully in procuring the needed infrastructure maintenance and improvements. But maintain and improve we must.

Within the city’s borders, we collect 65% of all sales tax generated in the county. Yet because of our small population in relationship to the total county population, we receive less than 10% of the taxes collected. Imagine if every penny of the local portion of the sales tax stayed in Stuart, would there even be a need for ad valorem taxes? Lewis Mumford wrote, “The cities and mansions that people dream of are those in which they finally live.” Stuart is a good place to call home. Let’s continue to improve on the good and make it great.

All Aboard Report

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I have just finished browsing the All Aboard Florida impact study. Rich Campbell of the Stuart News is correct that the study was bought and paid for by the All Aboard folks therefore how impartial are the results? The Feds allowing FECI to pay for a report and providing the consultant the “facts” to convince our government to give the company our tax money to prove its plan is feasible is worthy of a Koestler or Kafka novel.

The report highlighted the myriad ways that already exist to go from Miami to Orlando. There is Amtrak and busses and planes and, of course, cars. If you believe the purveyors of this new train fantasy, their train will be the optimal way to go between those two points. Maybe it is true, but is it worth spending tax payer dollars to find out?

The U.S. is not Europe or Asia where high speed train travel is a viable alternative. Since the AAF fare rates are not published, we have no way to judge whether it makes sense to take their train or just drive. Before moving to Stuart, I lived in Connecticut and had the option of taking the train or driving when I went into Manhattan. During the day, there was a train every half hour to and from Grand Central Station, and it took just about an hour. After rush hour the train ran every hour.

Most times, whether for business or pleasure, I would drive. Several factors went into my decision. If I was going to Manhattan, the train was quite convenient if my plans kept me in the vicinity of Grand Central Station.  If I would have to take a subway or a bus or a taxi to reach my ultimate destination from Grand Central and then do the same to return to catch the train home, I would drive.  What AAF never mentions is that going from Miami Station to Orlando Station in three hours does not take into account where you actually begin your journey and where the journey actually ends. A trip seldom ends at a railroad station.

If you have to drive to the station and pay to park and then when you reach the other station either rent a car or take a taxi or get on another train, where is the savings in time? Ultimately, that is why train travel in the U.S. is a non- starter. We are not a station to station nation. Stations are only one part of the travel equation.

If you look at what the existing Amtrak and inter-city busses charge, no family will pay about $100 per person to reach Disney. All they need to do is pile into the car and go from home to the theme park without any intermediate steps and it will cost less. That leaves the business traveler as AAF’s target audience. Even if you captured every business person in both directions and all other busses and Amtrak service were eliminated and those business travelers would pay what you charged, could AAF still be profitable? I doubt it. The advances in technology have made business travel a shrinking market not a growing one. As a business person, the last thing I want to do is sit on a train for three hours in each direction (not counting getting to and from the stations) unless I absolutely had to make the journey.

If all of AAF’s dreams come to pass, will it be successful? Past history regarding schemes like this would say no. The free market has rejected train travel except in large commuting metropolitan areas (where it is heavily subsidized) for the past seventy years. Let the market decide whether All Aboard Florida is viable but the market should do so without the aid of taxpayer dollars.