Category Archives: Martin County

OUR POLITICAL AND ENVIRONMENTAL FUTURE

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Last week, I was at a lecture given by Eve Samples of The Stuart News which highlighted the abysmal state of our rivers and the lagoon. Eve and her newspaper have done a great job of reporting and explaining this desecration. Her columns are very reminiscent of the columns and reporting on our rivers and lagoon done by the legendary Ernie Lyons in the same newspaper so many years ago. Then and now, the local press have certainly made us aware of the problems and some of the possible solutions.

But what have we done as residents, citizens and voters? A few of us have marched, contributed and joined organizations to stop this degradation. People such as Maggie Hurchella, Marty Baum, Donna Melzer and Jacqui Thurlow-Lippisch are full time advocates and warriors in the fight. The vast majority of us have kept quiet on this subject that is so vital to our homes, economy and future. We have done nothing.

Most of us have opinions and are not shy about expressing them. We are Democrats or Republicans, Liberals or Conservatives, pro or anti everything from the blame of Benghazi to whether the Common Core is good or bad. Where do we stand on our rivers? This silence and lack of involvement by most of us has led to this despicable state. The actions of residents, politicians and businesses have caused and perpetuated the decline. We are the only ones that can stop it.

We have some great local environmental commissioners. In the audience at the Sample’s lecture were County Commissioners Ed Fielding and Sarah Heard and Stuart Mayor Troy McDonald and Stuart Commissioner Eula Clarke. Through their actions using grants and our tax dollars, both commissions have made the county and city leaders in showing the way in protecting our environment. This is not so with our state and federal office holders.

On July 31st of last year, I wrote a letter to the President regarding Lake Okeechobee and the discharges. At the end of January, I received a form letter back telling me that the President shares my concerns about the environment and that he is working hard to protect it. After 7 months, that is the best the White House can offer…the same response that would go to anyone who sends a letter with the word “environment” in the body.

Governor Scott did not even attend the Everglades conference that was held 3 doors from his residence earlier this year. It was great that the Florida Senate held hearings, but appropriations have not as yet been forthcoming to do one thing for our waterways. Our state house representatives mouth pieties but continue to vote for the same anti-environmental policies. Congressman Murphy hosted concerned citizens in Washington and had influential Democratic members such as Leader Pelosi address them, but the farm bill with its sugar quotas and subsidies was passed with their votes. Senator Nelson is with us in spirit while doing everything he can to further the interests of the very people who are the environment’s biggest polluters. Senator Rubio is too busy to be bothered with anything as pedestrian as his constituents’ concerns while running for President in 2016.

What all of our state and national politicians have in common is their abiding love of campaign contributions from the very industries that are the worst offenders. While mouthing platitudes to voters, they have not stopped taking that money.  When do you think the voters will learn to put aside party labels and actually elect those people who will work for us instead of the special interests? For too long, we have allowed others to divide us along artificial lines. We need to now, as residents and citizens, vote in our interest. If the lagoon and rivers actually, die what happens to we who live in Martin County? Our homes will be worth less. Our quality of life will be dissolute. Businesses will flee along with the tourists and snow birds. That is how important this issue is to all of us whether we fish or not, boat or not, live on the water or not.

We need to become single issue voters in this respect. Our mantra should be you have one term to accomplish some measurable improvement to our environment. This issue is that important to all of us that we cannot allow our representatives to tell us one thing and then take political payoffs to ignore our interest. I have heard that you need to choose when voting the lesser of the evils. Evil is still evil and in this case it will be deadly to the ordinary everyday citizen of Martin County.

Our City Hall and it’s future.

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This was sent to my fellow committee members regarding City Hall after our last meeting on Feb 14, 2014:.

 

What this committee has been tasked with accomplishing is more than the fate of City Hall. It is actually to define the future of downtown and the essence of Stuart. Everyone from my fellow committee members to city staff, our elected commission and the general public sincerely want what is best for our home. It will not be our motivations that may make our individual conclusions differ. We are celebrating our 100th anniversary as a city. While the past is ever present, we must concern ourselves with our future direction.

Here is what we can all agree upon. First that access to the water and the keeping and enhancing of the park behind our current site for all our citizens is essential. Second, we want to maintain the architectural character and feel of our downtown area. This would limit the size and height of any new or remodeled structures for this site. The “Old Florida” small town charm is a nonnegotiable trait that should not be lost.

Since our last meeting, I have spoken with Jacque Lewis of the Martin County Hotel Association, Mike Braid, and Steve Vitalli . I have also spoken with a couple of other hotel people that I know as well as my own experience with the industry. If we keep in mind my above statement regarding our agreed upon traits, then I received the same answer from all, that a hotel is neither economically or physically possible on the city hall site. Perhaps there is someone who would want to do the project but it would be irresponsible to make such a recommendation without a bona-fide and thoroughly vetted developer-operator.

It is my belief that we are lacking several critical components in making a determination of this magnitude today. First we still do not know what FECI intends to do with the parking along their right away. Without a long term parking commitment (at an affordable price) anything decided would probably be sent back to the drawing boards. If we believe that we don’t have enough parking now and are looking to build a parking garage, how many more spaces would we need and where should we locate those spaces?

There is also a question as to whether we will eventually have an “All Aboard Florida” train station or stop. Does the parent company, which is essentially in the hospitality, residential and office development business, want to invest here. If so, can a mutually acceptable project for both them and a vast majority of Stuart residents be achievable. We also need to consider the best path of solidifying the great strides we have made in our core downtown while continuing the synergy between the core and Ocean, East Ocean, Colorado and East Stuart.

The other missing element in this exercise is how do we, as a community, fund moving city hall or even keeping it and doing any sort of rehabilitation. While it is nice for us to dream and pontificate about a future direction, it would  be totally irresponsible of us to recommend a “shiny new city hall by the Saint Lucie” without taking into account the actuality of paying for that vision.

Our gem, which is the city, is too precious to allow development of each parcel in isolation. We should ask the Planning and Development Department to be allowed to do what their name implies. We should not be asking for one more consultant’s report or one more un-vetted pipe dream such as “Salt Life”.

The time needed is more than a few hours over two days to make this recommendation. All components of downtown development must be looked at in totality so that an organic future can be imagined, embraced, encouraged and realized by the people of our city. For the past thirty years, we have had exercise upon exercise regarding this. It is now time for us to allow a more “nuts and bolts” approach to how we achieve these goals.

This committee should continue this discussion gathering more facts and information. There should be ongoing workshops with the various city departments but especially Planning and Development, the City Manager and Budget Director to formulate our next steps. As a Sunshine Committee, all our meetings are open to the public and public comment should be encouraged. This should be looked at as a beginning and not an ending.

One of Shakespeare’s most fascinating works is the “The Tempest”. In it, he explores the concepts of illusion and reality. What “is” and “is not”. Prospero, one of the characters, metaphorically tries to explain that what a couple has just witnessed is not reality. The buildings and palaces and city are not real but merely the product of a well-staged entertainment — that of life itself.

“Yea, all which it inherit, shall dissolve,
And, like this insubstantial pageant faded,

Leave not a rack behind.

We are such stuff, As dreams are made on;”

Stuart Main Street has been given and accepted a task. I believe we should continue the work.
 

 

PLEASE SETTLE THIS TIF

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Sometimes we allow our personal feelings to overwhelm our better judgment. This is happening now between the Martin County and the City of Stuart Commissions over TIF money belonging to Stuart which was wrongly paid to the county. It was a clerical error made by the County Appraiser, and when discovered, it was immediately brought to the attention of both entities. For brevity, I have simplified the matter but the net result is that the county owes the city money.

If the IRS gave you a refund to which you weren’t entitled, they would expect you to return the money when the error was discovered. It’s no different here. There are minor points of law as to interest amounts and whether the statute of limitation is three or four years, but this issue can surely be settled without litigation.

However, it appears that the commissioners’ egos may be getting in the way of a just settlement. From my understanding, the county is taking a hard line. This will cause the city to do the same and could end up costing the taxpayers, whose money it actually is, unneeded and unnecessary legal bills. If this isn’t the height of stupidity, I don’t know what is.

It seems Commissioner Fielding, whose district comprises most of the city, should be taking a leadership role in settling this “TIF” amicably and fairly. Commissioners are only important because the people bestow that importance at the voting booth. While I generally support the views and actions of the majority of both commissions, I think changes may be necessary if this escalates further. Spending taxpayer money to keep taxpayer money in one pocket or the other is idiotic … not frugal or wise.  Both governmental entities should work together in the interest of the people they serve.

LETTER TO SENATOR NEGRON ON THE PATRONIS BILL

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Dear Senator Negron:

As a constituent of yours, a Republican, resident of Martin County and the City of Stuart; I urge you to vote no on the Patronis bill. This is patently a way to wrestle local control and place it in the hands of those who would just as soon see our state turned into one big subdivision or sugar plantation.

No one who calls themselves a Republican or believes in limited government could support this bill with a clean conscience. The best government is one that is closest to the people. Nothing can be closer to us than our local governmental entities. This will have a huge impact on not only our quality of life but also that of our children. It is imperative that you stand with the majority of your constituents and vote no.

Florida state government is at a cross roads. Does it continue to suborn the wishes and rights of everyday citizens in order to satisfy the special interests or do our elected officials stand with us. I believe the status quo can no longer be accepted. The people will demand that those asking for our vote at the very least side with us on such vital questions as local control and the quality of our waters. Those of the elected class that mouth the right words but vote against our interest will pay dearly at the ballot box.

 

Thank you.

WHAT HAPPENS WHEN WE LEAVE OUR GUARD DOWN….

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Donna Melzer who serves as the voice of good government in Martin County e-mailed the following to many of us. This is an example of what can happen when we let our guard down for just an instant. I have written my legislators, please do the same:

“A Bill was filed in Tallahassee this week described as “bill to kill local planning and environmental protection.”  

Without our Comp Plan protections, what happens to our  Martin County Difference?
Tallahassee going to trump Home Rule – our river protections?
Just one line proposes to prohibit Comp Plan Amendments that Martin County residents overwhelming supported.
The Bill proposes to STOP Our Requiring 4 votes for critical changes,
—  making it easier to weaken our river protections,

    —  making it easier to end our four (4) story building height,

—  making it easier to gut our urban boundary – cost us our conservative fiscal planning…

 

Developers Hobe Grove, Lake Point and King Ranch are challenging the stronger protections.  These Developers likely support this Tallahassee proposal.  Developers want to stop the super-majority requirement — would not allow the strong protections of our “quality of life,” of our rivers.

 

Fla. Rep. Patronis’ Bill is Attached.  An EXAMPLE of the problems:  

 

Line 78 – this is a blatant attempt to revoke the authority some local governments have used to require “super majority” votes on certain issues, including land use/comp planning;  whatever else this is, it is an intrusion into local home rule authority – I am aware of only 3 local governments that have adopted a super majority vote.

 

Lines 90-92 – this is a flagrant effort to also limit home rule authority by saying that if a comp plan amendment is adopted on Ag lands where other uses are allowed, then that amendment cannot be rescinded if the site continues “primarily” for bona fide ag purposes.   Under chapter 193.461, F.S. – any comp plan or comp plan amendment can be rescinded, revised, repealed, etc. under current law.  This would carve out a protected class status for certain Ag and allow violation of spraw.    Is this about King Ranch project in Martin County? 

    King Ranch’s AgTEC Industrial Park project west of Palm City in Agricultural areas.  Urban sprawl violations were “fixed” by a requirement to get utilities from Port St. Lucie within 5 years. The project was described as  a “peninsula of Port St. Lucie urban into Martin County.”  

Port St. Lucie has been saying No Utilities available — and King Ranch’s 5 year time is running out of – as they agreed – land use reverts to ag.     

 

Lines 172-178 – Okays 50 year permits and 30 year permits involving our water supply.  

Reminds you of Big Sugar 30-year leases Tallahassee approved last year?

 

Spread the word.  Contact any and all Florida Legislators. 

      Tell them Please VOTE NO!  NO!  to the Patronis Bill:

 

        Treasure Coast delegation:

Senator Joe Negron:  NEGRON.JOE.WEB@flsenate.gov

   Rep Gayle Harrell:      GHarrell@gayleharrell.com

Rep. Larry Lee:            Larry.Lee@myfloridahouse.gov“

 

 

 

IS THE TREASURE COAST ALL ABOARD FLORIDA?

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There is passenger train service coming to the Treasure Coast which will be called “All Aboard Florida”. Unfortunately, you won’t be able to come aboard anywhere on the Treasure Coast since we are being bypassed. It will run nonstop from Orlando to West Palm Beach and then on to Fort Lauderdale and Miami. That doesn’t mean Martin and Stuart won’t have the train, it will just be the one rushing through 32 times a day once everything gets up and running.

The price of a one way ticket will be about $100 and take 3 hours’ time from Miami to Orlando. Florida East Coast Industries, the route’s owner, expect tourists and business people to make up the bulk of the ridership. Currently FECI not only owns the right of way but also is one of the largest real estate companies in Florida. According to their website, they currently have over 7 million square feet of commercial space. The company is a direct successor to Flagler’s railroad empire and is currently controlled by a Wall Street firm, The Fortress Investment Group.

So why is this important to the residents of Stuart and Martin County? There will be an impact to our roads and boating. With 32 added trains, although each much smaller than the current freight trains, travelling at speeds up to 100 miles per hour, those roadway gates and rail bridges will be down more than currently. Also, how about the added noise along the right of way not to mention the expense of maintaining the road crossings with the higher use?

Will the trains provide any benefit to us?  If there is no stop in Stuart, I can’t see any. A few officials and the rail road executives have said that people on the train will see the beauty of Stuart and will want to come back for a visit. That may hold true for a few of the Floridians who catch a glimpse as the train speeds by, but tourists who elected to bypass the area are not likely now to rent cars and return. All in all, the train will cost us dollars and not bring any to us in return.

What is the probability of the long term success of “All Aboard Florida”? FECI is touting the train as not receiving any public tax dollars. There is not one current passenger system in the country that is not government subsidized. So the likelihood of this venture succeeding is slim.  So why would a savvy Wall Street hedge fund attempt to do this? The same reason Flagler did over a century ago…to develop the real estate and bring tourists to his hotels.

If you look at the plans in Miami, Fort Lauderdale, West Palm Beach and Orlando, these cities will not only have stations but also be development hubs for office buildings, hotels and apartments. The trains will act as a loss leader to the company. FECI will not be receiving subsidies for train travel but will have tax and development incentives for the new properties being built. Once the development is in place, if the trains then prove to be too unprofitable and government refuses to subsidize the travel, another experiment in private mass transport will end.

Currently there is no benefit to Stuart or Martin County in this passenger train plan. The likelihood that either Fort Pierce or Stuart will have even one train a day stop is not great. I’ve heard that tri-rail could be extended or Amtrak, but I wouldn’t hold my breath given the dearth of public financing. While there is nothing wrong in lobbying FECI for a rail stop in Stuart, I wouldn’t spend any tax payer dollars to move that forward at present.

Until we, as a nation, decide to subsidize mass transit including inter-city rail travel, then ventures like “All Aboard Florida” will probably not succeed as a transportation alternative. It would be a great benefit to many of our citizens to have an affordable option such as this but, as a county and a city, we should not count on it happening. What we really need to do is to expand our own mass transit system with more reliable and frequent busses and trams. If Stuart wants to have a more livable downtown, this is something that we need to explore.

 

 

 

WHY GOVERNMENT ACCOUNTABILITY IS SO DIFFICULT TO ACHIEVE

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In the last Martin County Defender Ginny Sherlock wrote concerning how county employees seem to bend the rules to the benefit a chosen few to the detriment of the rest of us. I urge you to read that issue of the Defender and to get on the e-mail list. Here is a link for your convenience;

http://cache.nebula.phx3.secureserver.net/obj/NTM1RUQwREJGOUQ0RTZBNDBEQjE6OGYxYjVlNWM2ODYyYjQyZjM0MjZiNjdkYzU4Y2FhMzQ6Ojo6

However I believe that county employees and all government in general lack accountability for their actions for a more basic reason which is accountability. Here are my comments to Al regarding this.

 

Dear Al:

I always enjoy reading your “Martin County Defender”. On county affairs it is almost always right on the money.  I want to thank you for doing such good work.

Ginny Sherlock is correct in her assessment of how some county bureaucrats seem to be going out of their way to help certain people to the detriment of all residents. I don’t believe that is consciously the case. Instead the county employee sees his job as trying to expedite a request, especially one that is asked from a familiar lawyer or architect or consultant. That is the way things are done among “friends”. The other and more telling factor is that when confronted with a problem all employees, private or public, just want it to go away.

The real problem is supervision. I owned my first business, a luncheonette in Queens N.Y. at eighteen years old, and more than forty years later still own a business. In all that time I have owned restaurants, bars, hotels, construction companies, dress factories and always real estate firms specializing in property management. I have stressed to all employees to bend over backwards to assist the customer or client. They are never to argue. Mine and the manager’s job if needed were to confront the offending person and set him straight. The nub of the problem is there is no “boss” in government.

You can say there is a county administrator or a department head and their responsibility is supervision and stepping in when something like Trailside is about to happen. The bottom line is that there is no bottom line. It is not their money as it is mine. They won’t lose their job for those reasons. No one is ever disciplined.Human nature is not to make waves unless there is a gain by making those waves. The proof is no one raised any flags at the county when that monstrosity of a house was being built out by Trailside.

It is the same mentality that permeates the schools where every student is a genius and every teacher is superior. Yet we continue as a nation to fall in world rankings. The students aren’t to blame nor are teachers who play the game. It is the school superintendent and school board for accepting mediocrity and claiming that it is superiority. The county commissioners do the same by praising their employees for doing their jobs as if that is an accomplishment. When was the last time they held anyone accountable for not doing their job? The commissioners have no skin in the game either.

Why Can’t the County Make Up Their Minds

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Why is it so hard to have the Martin County Commission accept an offer of free land from Stuart to build offices for the Tax Collector and Appraiser? It seems to me that, for a variety of reasons, locating those offices in the city (particularly downtown) would be a win for both governmental entities as well as all the residents of the county. Rental rates are climbing, so the faster the relocation of those offices to county-owned buildings the better.

Building in most areas of Martin County would mean encouraging sprawl and the added cost of new infrastructure to handle the development. It would be unwise to place offices in different areas from one another. This would result in the public, other businesses that need to be in proximity to these offices, and county employees would be inconvenienced by not being in a central location. The more we can keep government functions in a compact space, the better the efficiencies of scale.

As a city and with a modicum of infrastructure improvements, Stuart can accommodate these offices as well as the associated businesses that will move into the area. By being located within the downtown area, density is not an issue and sprawl is averted in other parts of Martin County. At the same time, other sections of downtown will be redeveloped because of this influx. It is a win-win situation.

Sometimes it seems to me that these two governmental entities are busy working at cross purposes instead of working together. They forget that the citizens of Stuart are also citizens of the county. They vote and pay taxes to both. What is good for Stuart is good for Martin County and visa-versa. One is not better than the other and, in fact, each needs the other to be successful. No commissioner from either body should be disdainful about dealing with each other or their counterparts on the other commission.

This county commission has proved that it can accomplish much in a short period of time, witness the Comp Plan Amendments. It shouldn’t take months or years to decide what to do regarding our constitutional offices. The city commission has done everything asked regarding those parcels. Now it’s time for the county commissioners to fulfill their part. There is no room for prima donnas or indecisiveness.

 

SENT TO MARTIN COUNTY COMMISSION ON OCT 29TH 2013

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Dear Commissioner:

I am writing today regarding three issues on your November 5th agenda. The first is the Business Development Board Contract. Regardless of your political and philosophical temperament, you are stuck trying to make the terrible better. The previous commission or any commission should never be able to enter into a contract of such a long duration. In this case not only is it for an eternity but the lopsidedness of the contract’s terms makes it seem more a “sweet heart” deal than a benefit to the county. It is a perfect reason why there is so much distrust of government by citizens.

In a perfect world the government should not be a party to this at all.  But the county is stuck between negotiation and a lawsuit which is perhaps winnable perhaps not but certainly expensive and time consuming.  Your goals should be to negotiate the shortest term possible for the smallest amount while holding them to measurable standards easily quantifiable. Going forward if this organization means so much to the business community of the county then they should pay for it. The government’s responsibility to business and to all citizens is to have in place easy to understand rules, quick permit and license application processes and ideally an ombudsman to assist the business in opening and expanding in the county. Digital Domain showed us what happens when government tries to insert itself into the market.

The second matter is the customs facility. Once again the so called interests of free market capitalism want the local government to provide a subsidy for their businesses. The very idea that once the federal facility is opened that our local government will control the operation or be able to limit or close the facility is probably a dream. The federal government will ultimately dictate to Martin County what will be allowable or not. The commission’s obligation will be to figure out how to pay for it. Just like the runway extension, once you involve Washington, local control is gone except for funding.

Some will say that this should be provided by the county because businesses will relocate or expand, or it is a governmental function like parks or schools and anyway once built increased fees from airport users will pay for the facility. This is all based on fantasy numbers and rosy scenarios. Parks and schools are not for the few or well-connected but for everyone. Those are legitimate functions of local government. Immigration and Customs are clearly federal functions and if there was a need at Witham Field the proper place to lobby for them would be in Washington.

My last point is the Seven50 Plan. As a planning tool it may be good and the locality can opt in or out of it in part or in its entirety. I don’t believe it is an insidious plot by the UN to gain control of the good old U.S. of A. After reading some of it and after speaking to someone on the executive committee, I do believe that the federal government will begin using the recommendations contained therein in awarding grants to the localities. Much of what is contained in the proposed plan such as density requirements would be in direct conflict with my beliefs and those of the commission majority. Much needs to be explored before continuing with the relationship.

How you look at these three issues is determined by your governing and governmental philosophy. If one consistently applies the principles of the free market, local control and smart growth then you should agree with my positions on the above.  I do not know whether any of you read your e-mail or not but this is one citizen’s way of expressing his opinions without taking time from your already over packed commission meeting schedule to do so.

SLAPP SUIT

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When did it become acceptable to be sued for expressing an opinion? Was there a suspension of the 1st Amendment when it came to petitioning your elected representatives? Or has the state of Florida been so corrupted by corporate interests that the average citizen must be in fear of reprisal by speaking his mind on matters before governmental bodies? Are the interests of the big and moneyed that afraid of someone like Maggie Hurchella that they need the ridiculousness of a SLAPP suit to silence her.

 

The state of Florida supposedly prides itself on “Open Government.”  Somehow, the very idea of silencing an individual for petitioning and addressing her government if she disagrees with those powerful interests seems ludicrous.  Do we have “Open Government” for everyone but the individual? The use of the courts as a vehicle to stop legitimate petitioning of one’s government is tyrannical in purpose. It is a corruption of due process that should send waves of disgust through every American.

 

For too long, both the legislative and executive branches of government on the state and federal level have divided the American people using faulty syllogisms and logic to ferment artificial divides. While at the same time they have eroded our liberties as individual citizens in order to protect the entrenched powers. This is all shown to be true in the farcical SLAPP suit.

 

Is someone like Ms. Hurchalla, whether through writing or by speaking at public meetings, so menacing to companies worth hundreds of millions of dollars that she should be silenced by the courts? Has Florida become a state resembling those depicted in the works of Koestler and Kafka? Does uttering opinion and sharing one’s beliefs with their government, to be equated when directed against the interest of the powerful, as so dangerous as to be treated as a wrongful act?

 

Even if one were to presume that someone such as Maggie Hurchalla was mistaken in everything she said or wrote to her government, are her words so powerful that she should be sued for her opinion?  Is the price one pays for a political disagreement thousands of dollars in attorneys’ fees? This is judicial intimidation of the worse sort by instilling fear and to prevent invoking one’s first amendment rights. Slander and libel are not in question, but free speech is in our state. There is no place for this type of judicial travesty.