Déjà Vu…City Hall And The Past, Present And Future!

The staff and City Commission of Stuart are very accommodating to our residents and businesses. That is an excellent characteristic to have. Residents and businesses want to see us go out of our way to help solve problems and accomplish objectives. I like that we are able to go the extra mile and not throw obstacles in the way of responsible change and development.

That is one way where we differ from our counterparts at Martin County. Perhaps because of our smaller size, we can be more trusting than they can.  It is easier to form relationships and know the individuals. I like the atmosphere that our City Hall engenders. I think that, because of our size, even someone who is new to Stuart knows instinctively that there will not be unnecessary impediments placed in his/her way.

There are some individuals at both the County and City that want us to consolidate our administrative functions on one campus. They tout the benefits of us joining forces with the County and Martin County School Board and how economics of scale will save money. What I see is the erosion of our independence. By becoming a cog in the wheel, I see Stuart losing our small town way of doing business. After a while, the perception will be that Stuart is another department within the county structure instead of an independent municipality.

Although some would argue that there is an advantage and savings to consolidation of administrative facilities, I would not. Anything that lessens our independence will only harm us in the long run. No matter how collegial a county commission or school board is at any given moment, it could change at the next election. Even if the agreement between the parties spells out every contingency, there will always be room for disagreement. Do we want to continuously argue with entities that are so much bigger and have larger budgets than we do? We have had inter-local agreements in the past that Martin County has ignored such as Willoughby Extension.

Stuart could always find ways to save money. The ultimate savings would be by un-incorporating. We wouldn’t need a city hall then. We could be like Rio, Jensen Beach or Indiantown without self-governance… without a say. Try calling a county commissioner when you have a problem and see how fast you get a response. The more local government and home rule available to citizens, the better for all of us.

This big rush to decide on proceeding with administrative consolidation is because the Martin County School District must design a new administrative building and build immediately at the High School Avenue campus. Time is ticking and supposed decisions must be made in a hurry. I see Stuart under no such time constraints.  Even if we needed a new building immediately, how do we pay for it?  What do we do with the present City Hall?

Some would say we can either borrow short term or bond the $3 million dollars needed to build this new building. Once we develop or sell the old City Hall site, we could pay off the bond or mortgage (let’s assume by some miracle a referendum allowing sale or lease passes.) As a commissioner, I would not vote to move forward with this project. I do not believe we should become part of any consolidated campus site irrespective of costs and financing. Even if a mystical-magical phantasmagorical hotel developer appeared tomorrow, I would not be in favor of selling our present City Hall.

Does that mean we should never move City Hall? No it does not! I want to see Stuart have an integrated plan for the entire downtown area consisting of the “Old Downtown Area”, Flagler Park area, Colorado Avenue and Ocean Blvd. The plan should include the eventual building of a municipal garage. There are ways to reconfigure streetscapes that would foster development of new building sites. The sale or lease of those sites by the City could allow for the money to build a new City Hall. Where the present City Hall is located would be part of an expanded Flagler Park and access to the water would be maintained for all the people.

I believe in good relations with all the governmental entities in Martin County. I do not believe in perceiving to be or actually being a department of any other government. Stuart’s government has a different culture than Martin County’s government. We relish in our small town atmosphere. We like our quaintness and “Old Florida” panache. This is what we need to promote as we grow. We do not need to turn into another generic South Florida town.

I am not about to vote in favor of spending your money to promote the dreams of others. Any change must further the City, its residents and taxpayers.

 

Stuart Lawsuits Won’t Clean Our River

I live on the Saint Lucie River in Stuart. I see the devastation that the release of water from Lake Okeechobee brings literally to my backyard. I hate it! As a Stuart City Commissioner, I lobby our representatives in Tallahassee and Washington to clean up the mess that is the Saint Lucie River and the Indian River Lagoon.

In the Stuart News, a guest column appeared by Mac Stuckey, a Martin County resident. He demands that the City of Stuart hire an environmental attorney and staff to file complaints, make noise and I presume to commence lawsuits against Florida, Washington and anyone else that has some blame. He mentions that we would do so because of Stuart’s police powers to pass ordinances for the welfare of our citizens. Under that authority, the city has passed ordinances to limit the use of septic systems and fertilizer. Mr. Stuckey states that this will not even make a dent. He is largely correct. I agree with him because the Indian River Lagoon and the St. Lucie River comprises hundreds of miles of shore line, and Stuart only has approximately 2 miles bordering these waterways.

On the Treasure Coast alone, there are 13 municipalities and 4 counties which border the Lagoon, River and Lake. The Lagoon itself is a much larger area including, but not limited to, Volusia and Brevard counties, and I don’t know how many cities and towns. What I don’t understand is why Mr. Stuckey believes that Stuart, with 16,000 residents, should spend $500,000 of our taxpayers’ dollars to hire staff to commence law suits, etc., when the problem is much bigger than just our one small community.

Stuart is proud of its environmental record such as completing our 15 year BMAP in the first year. Just last week, the commission passed a resolution supporting a compact formed by the League of Treasure Coast Cities, The League of Sun Coast Cities and League of Space Coast Cities to lobby for these very things mentioned by Mr. Stuckey in Tallahassee and Washington. We also support Martin County’s (Stuart is part of the county and our residents pay county taxes) participation and leadership in the Indian River Lagoon Council.

The tactics that the article promotes will not accomplish anything except be a burden to Stuart’s taxpayers. It is much more practical to work with organizations like the River Coalition, which meets in Stuart’s chamber, to achieve progress. Not being an attorney, my first reaction is not to begin expensive and fruitless litigation. I prefer working with other governmental entities and private groups to further a solution.

The people can vote against their current state and federal representatives in the upcoming elections if they are not satisfied with their performance in this matter. This problem did not occur overnight and will not be solved in a day. A constant amount of political pressure must be applied at all levels of government to achieve those goals outlined in Mr. Stuckey’s guest editorial. While Lake Okeechobee releases are a significant problem for Stuart, litigating with the United States and Florida governments would only lead to tax hikes for our residents and businesses.

Since 1956 the year that Mr. Stuckey came here, Stuart has not grown much in population or land mass as compared to other cities on the Treasure Coast. The City of Port Saint Lucie, which today is the 9th largest city in Florida with over 170,000 in population, did not exist. Fort Pierce is on the Indian River Lagoon and has three times our population. The City of Stuart’s median income is $24,000. What Mr. Stuckey proposes would be close to spending 5% of our entire budget.

This problem needs to be tackled as a region…a state…and a nation. I believe the political process would be more successful than litigation. We need to express ourselves through the ballot box not the courthouse. The voters give the elected representatives the power not the special interests. Let us stop thinking in terms of party affiliation instead of governing philosophies. More of us need to become involved in government and civic organizations. Participation and lobbying of our governments in Tallahassee and Washington would be much more productive.

Our County Commission Races

Martin County is in the midst of elections for three county commission seats. All three of the current commissioners, John Haddox, Doug Smith and Anne Scott, are running for re-election.  Each incumbent has two other candidates vying for their respective seats. Who you should vote for depends on what positions and qualities you want to have in a county commissioner.

As a city commissioner and resident of Stuart, it is very important to me what each candidate’s views on city/county issues are. For example, will the candidate, if elected, work with Stuart to move the city and county forward for the benefit of all residents. The recent vote on the Willoughby extension is illustrative. The city and county has a binding agreement for the county to complete the road. The city, as part of our agreement, paid the county over a half million dollars toward the project. Stuart, further as agreed, obtained rights of way and did wet land mitigation work. Chair Scott, along with Commissioners Fielding and Heard, voted not to go forward. Why then would I vote and support Anne Scott for re-election when she voted not to proceed on this project and reneged on this agreement? How can I trust Ms. Scott on any other agreement we would make.

Over and over, Commissioner Smith has voted against the city’s interest in his tenure as a county commissioner. He has shown a total disregard for issues affecting our city even though he represents a portion of Stuart. Similar to some other county commissioners’ views, he forgets that we are not a ward of the county. Stuart is an independent municipal corporation. His misunderstanding of a city’s role would lead me to support Jacqui Thurlow-Lippisch. She is a Sewall’s Point councilperson and former mayor. She understands what municipalities stand for and how both governments can work together for the common good.

In respect to the District 5 race, Commissioner John Haddox understands what cities are about. He has reached out to me as a city commissioner. John has the ability to look at issues individually and base his decision on the facts before him. What more can you ask of a commissioner? I don’t always agree with John, but I know he has no hidden agenda. He understands that governing should be without prejudice and pre-conceived notions.

Every elected county commissioner should base their votes on what they perceive is best for the entire community. You will never have a commissioner agree with you 100% of the time. There does need to be commonality of interest. Ultimately, they should represent your interests more often than not. If you believe a candidate does, then you should elect or re-elect that individual.

RailRoads Different Yesterday and Today

If you are an American, you can’t help but be nostalgic when you hear a train whistle. It is in our DNA to wonder where that train is bound whenever we hear that plaintiff hollow tune.  How many old men become young boys when they remember Christmas and their Lionel Train sets?

For over a hundred years beginning in the mid nineteenth century, trains meant freedom. It was the way America travelled. Our everyday mundane life was swept away.  White coated waiters were synonymous with dinner in the diner and nothing could be finer. Trains not only took you from hearth and home but brought you back to your loved one. Some of us can still remember taking a trip on a train, dressed in our Sunday best. Some spent the night sitting up because we couldn’t afford a berth never mind a private compartment.

The railroad was what gave life to Stuart and all the towns up and down the line.  It enabled growth and economic prosperity. The train connected the town to the outside world when there were no phones and no highways. The tracks coming down the center of town meant progress and served as a statement of arrival. Civilization, convenience and conviviality all met at the depot. Anyone coming or leaving had to pass through. News was gathered and sometimes made. Children dreamt of an outside world that perhaps someday they would see by hopping aboard the 11:33.

But we no longer live in 1850 or 1900 or even 1968 when the last passenger train went quietly away. The Stuart depot is long gone, and I can’t even imagine our city ever having one again (even though the promise is sometimes hinted at by railroad officials). Passenger trains have always been money losers. Even in the Wild West days, the railroad made their money by freight and by selling the land that they received free from the government to new settlers and immigrants along their right-a-way.

Perhaps BrightLine or All Aboard Florida or FEC or the Fortress Group have found a secret way to make people moving pay. I suspect not. I suspect like so many things that modern Stuart faces…it is really all about greed. They claim that they own the land. They are private. They are a capitalistic, free market enterprise. But in truth, they are just one more pig at the taxpayer trough. It is easier to buy political acquiescence and influence than to have a truly great new idea. Like all crony capitalists, they are looking for one more handout…one more welfare check.

The railroad whistle no longer has the romantic sound that it once had for me. The train will not take me to faraway places or introduce me to new and exciting adventures. I have grown up. What is also true is that Stuart and the rest of the Treasure Coast have grown up as well. This venture will only cause us harm. It brings nothing but expense, inconvenience and will act as a noose around our necks. We need to make sure that those in Tallahassee and Washington pay a price, regardless of party affiliation, for their actions.

This is not a done deal.

Stuart and A Micro Transit System

Since we choose to live within the geographical boundaries of Stuart, our property taxes are a bit higher than if we lived in unincorporated Martin County. For that small additional amount, we receive enhanced municipal services such as shorter police response times. It is far easier to obtain permits or open a business within city limits than in the county. Stuart is the county seat and in actuality the only full service municipality within Martin County.

Martin County provides what they term “public transit.” The system operates Monday to Friday from about 7am to 7pm. It does not run on the weekends or holidays. There are three routes within the county and an express route which travels four times a day to the Gardens Mall in Palm Beach County.  For the most part, you rarely see more than one or two people in a bus at any time. There are definitely reasons for the lack of ridership.

Stuart’s downtown trams move about the same number of people per year than the county wide system. For any public transit system to be successful in moving large numbers of riders, there needs to be a few essential elements. First, it must take the riders where they want to go. Depending on the demographic served, transit provides a way to bring people to where they are employed, shop, have appointments or are entertained.

Second, the system must be reliable. The public has to know they can safely return home and not worry about missing the last bus because it leaves at 5:00 pm. Therefore, frequency and the duration of the hours of operation are important. This is especially true if you are counting on public transportation to take you to and from work.

There also needs to be enough people or density within the geographic framework of the transit district to allow for the system to operate efficiently and be sustainable. Unfortunately, unincorporated Martin County lacks every element to having a full functioning public transit system. However, the City of Stuart has all the elements in place.

We are geographically contained. Our routes can be relatively short in duration allowing for the frequency needed to move a large number of people. A public transportation system can allow seniors to remain in their homes longer and be self-sufficient. Whether it is to visit a doctor or to the grocery store, seniors will be able to do that. A system can allow a person to leave his/her car home and go to work …no parking space needed. Teenagers can have the ability to visit a friend, go shopping or get to an after-school job without parental involvement. Someone can use the tram or bus to eat downtown and safely return home without the worry of parking or a having that extra glass of wine.

Our entire city becomes more desirable and livable. It can be an example for other cities to follow.  Imagine attracting young and middle aged families and singles because it would be necessary to own only one car. Teens and seniors would have the ability to get from Point A to Point B allowing for independence for these two diverse groups. Stuart could be known as the most livable city within Florida.

A commitment would be necessary by all residents that a true public transportation system is achievable and doable. It will not be accomplished tomorrow but will take a decade to be fully implemented. The city would also need to come up with funding sources. New routes would have to be thought out and be integrated with existing ones.

Stuart currently has a system that serves the needs of downtown.  The vast majority of our residents have not used that system. I believe it is time to have every resident be able to use a true micro-transit system within Stuart. We can have a future that serves our existing population and one that will be able to attract new residents. Then we would truly be a full service city.

Thoughts on Consolidation

I am eagerly awaiting the report on the fire/rescue consolidation from the consultant. At the same time, I am becoming more and more concerned with the current conditions at Martin County’s Fire/Rescue Department.  The county commission and their department have been at  a contract impasse since last December. Both sides are at odds over a variety of issues critical to maintaining a functioning department. As time progresses I am uneasy about Stuart becoming involved with what appears to be an economic and, perhaps, operational nightmare.

The city has completed contract negotiations with our fire/rescue department. I believe the final contract represents a fair and equitable deal for both the employees and the city. I attended some of those bargaining sessions, which are open to the public, as a silent observer.  I can report that, though at times tense, both sides conducted themselves professionally throughout. The outcome is while employees received increases; our operating costs are still less than Martin County’s.

According to the Martin County Firefighters and Paramedics’ Union president, the county has already expended 107% of the overtime budget. The city and their firefighters/EMS employees, by working together, have decreased our own overtime costs substantially. According to the county’s union, the county is on track to lose 20% of their employees by May of 2016. This fact has been disputed by the county administrator. On the other hand, the city has not had employee attrition anywhere close to the county’s level, and our rate has remained fairly constant from year to year.

From what I have been told, Stuart’s two fire-rescue facilities are the most active within Martin County.  The vast majority of the calls are accident and medical related. We had only a smattering of house fires last year with a few brush fires. The City of Stuart has a paid agreement with Sewall’s Point to answer their fire/rescue emergencies, and those responses are counted in our statistics.

As a city commissioner, my only concern is how any consolidation or merger will affect Stuart’s residents and taxpayers. As of today, each commissioner and the management staffs have had briefings on the consultant’s progress but nothing has been given to us in writing. When a report is finally issued, I will need to study the data to make sure that whatever the recommendations are they will be based on using similar criteria. Currently, the budgeting and management criteria are accounted for differently within the city’s and the county’s budgets.

There are differences in health, PTO  and pension obligations. How the entities  pay to have equipment replaced and what happens to those funds in the future. Administration, finance, payroll and legal expenses are accounted for differently (Stuart allocates proportions of those expenses directly in the Fire/ Rescue budget while the county does not). In making a financial determination, not only do these costs have to be equalized for a merger or consolidation today, but we will need to know what will be the costs to Stuart’s residents, businesses and taxpayers going forward. The county already is near its millage cap so how we pay for any new department or consolidation is critical to analyse and understand.

Another question to be answered is how Stuart will do best operationally. As I said above, we have very good service. If you call with a medical emergency (the overwhelming majority of calls are just that), response times are excellent and the care received is outstanding. We currently have a station on either side of the tracks and, with the BrightLine looming, that is an important consideration. If Stuart were to give up operational control, we may not have a station on both sides of the tracks to respond for all our residents in the future.

Any decision made will be critical to how Stuart evolves and develops. If we disband our independent department, we won’t be able to return to having one. If Stuart does decide to consolidate or merge, it will be important that the new department be formed in a way that gives Stuart’s 16,000 residents some meaningful political representation into both operations and financing aspects of the new department.  Looking at the county fire/rescue department situation today, it gives me pause going forward.

Currently, as a Stuart commissioner and a resident, I know what our department costs and how it responds. To change that, I would have to be convinced the outcome for the city would be better for response times, financially and operationally. This will probably be the most difficult decision that I will make as a commissioner since I was elected. It is not a decision that I will take without much thought and deliberation.

Government, Markets And Parking

Last week, I wrote concerning West Palm Beach’s City Place and how we could avoid making the same errors. I am a proponent of the government not becoming more involved in the market than is absolutely necessary. Governments do not understand the true nature of free markets. In my experience, when government seeks to have more than a minimum involvement, it corrupts market forces.

In the U.S. today, real estate is as perfect a market as possible . What is a perfect market? It has to have certain characteristics such as no participant in the market can set prices. Another characteristic is that there are no artificial boundaries to entering or leaving the market. There must be opportunity to fully maximize profit from one’s investment.

The one factor that can truly influence outcome without contributing to the general equilibrium of the market is government interference. The moment any government entity enters the market with any expectation of a desired outcome that is in contradiction to market forces, the market becomes imperfect. One of the biggest problems for the market is when government owns the means of production (i.e., the land or building). When government sells or leases property, it tends to have other motives which pervert not only that one parcel but the entire market which is unduly affected.

I am not suggesting that building and zoning codes are not needed. Our citizens and residents do need to have a community that reflects their desires in the place they want to live.  However, that being said, government should tread very, very carefully when becoming the Owner of income-producing property.  The irony is not lost on me that Stuart will continue to be the ground owner of the Triangle Property, and as such, has contributed to just what I am saying I am against. At the present moment and with that particular property, it would not have been developed because of earlier government involvement.

The City of Stuart’s next construction venture may be building a parking garage. Before even contemplating spending tax dollars on such a project, a few questions must be thoroughly vetted. This week, I learned from senior staff that within the downtown area, there are approximately 1700 parking spaces of which 1450 are public. Without being a traffic engineer or expert, I can’t believe we do not have adequate parking at present.

I am downtown almost every day and several evenings per week and have found no problem finding a space. During peak times in the evening, I will park at the Sailfish lot which is less than a 2 minute walk from the Lyric or The Gafford. With the tram and now valet parking, it is convenient for everyone to use either that lot or the Kiwanis lot and be at your destination within minutes.

For argument’s sake, I will assume that a garage is needed. Where should it be built? The most likely places for construction would still be on the present parking lots or at least in a location just as far away. Therefore, how many spaces would we actually gain? If we acquire private property to build a garage it would still be in the general areas where we now have lots, and we would be losing the ad valorem tax revenue by the taking of private property and converting to a public use.

Wherever we locate a public garage, the city will be perverting the market today and in the future. It is evident that there is no private market for a parking structure or it would have been built using private dollars and then charging the users. This then leads me to the conclusion that even if the city built a garage, the cost of construction and the continuous maintenance would fall on our taxpayers and not the users. Is it the city’s place to subsidize a perceived need for the private businesses in our downtown area using the tax dollars of all taxpayers?

For the next half century, the location of the garage would determine the direction and shape of development for the entire corridor. Depending on area and height, the garage could end up being the largest building in the district. Both aesthetically and economically, the garage will have an enormous impact on the real estate market for years. Once again, by insinuating itself in the private market, government would most likely have an outsized say in the future of downtown development and all of Stuart.

Before Stuart spends millions of dollars of taxpayer money on a perceived solution in search of a problem, much more objective sturdy would be needed. Societal and technological trends also should be taken into account. Thirty years ago we needed to go to a physical store to buy every conceivable product. Today, I ordered two hats, office supplies and a new kitchen blender without leaving my office. As society continues to evolve perhaps thirty years in the future, children will look to an empty parking structure (that Stuart will still be paying for) and ask “What’s that, Mommy?”

Avoiding the Mistakes of City Place

City Place in West Palm Beach is once again facing foreclosure. I predict that it will continue to experience problems now and in the future. I am basing this on my nearly 45 years in the commercial real estate business. There are several reasons why repeated threats of and/or foreclosures will continue. Though we in Stuart will never see a development anywhere near this size, there are lessons we can learn.

City Place does have bustling crowds. However, crowds do not translate into economic success for the myriad of businesses located there. The overwhelming majority of retail establishments are composed of chain stores. There is no differentiation in product from any other enclosed or outdoor mall. A Macy’s is a Macy’s is a Macy’s.

Restaurants are also chains with rather high prices for the average person. How far does one drive to go to a Ruth’s Chris Steakhouse or Brio’s Tuscan Grill? There are less expensive alternatives at City Place such as Auntie Anne’s pretzels or Moe’s Southwest Grill, but these are not destination restaurants. This is a “Potemkin Downtown”. There is nothing organic in its design or makeup to entice continued repeat visitors that will actually buy the goods and services offered by the merchants.

A Hilton Convention Hotel has opened. My question would be is there enough convention business to fill this hotel? Why would someone stay there? This entire project is a 1970’s concept trying to fit into the world of the 21st century. It is outmoded and not what people, especially millennials, want in a downtown.

Unlike Stuart’s downtown, there is nothing original in City Place’s mix of retail shops. While we have two chain restaurants, the others are all unique and distinct eating establishments that have loyal followings. Stuart’s downtown area is a magnet for visitors because of this originality that cannot be found elsewhere. Our rejuvenated downtown grew out of a “place” where bricks and mortar already existed. The question going forward is how do we expand on Stuart’s success and not become a failed “City Place?”

One of the keys to continued vibrancy is to expand the residential component of historic downtown, the Colorado corridor, Ocean Avenue and Dixie Highway. We have made a tentative start by the proposed Triangle residential development. For Stuart to be a city with a promising future, residents must live throughout every neighborhood. With people comes the need for other commercial activity from dry cleaners to bagel shops. Stuart’s current downtown merchants will do better because there are more customers within walking distance.  The entire city will be enhanced because of more tax dollars being generated without much additional municipal cost since the infrastructure is already in place.

A mistake that we can make and have made in the past is to not allow the market to dictate outcomes. The city commission and staff too often decide what the project should be and then look for the private sector to carry out its wishes. Is there any wonder why so many conceptual plans amount to nothing? Government is not an expert. The best that can be hoped is that government does not impede the private sector. The government should not play “Sim City.”

Our governmental responsibility should be to help the necessary and continual development of an expanded downtown through good policy. Through our zoning and development code, Stuart can have height limits and other important elements that will allow for us to control density and maintain our “Old Florida Charm.” Another important point to remember is that we should not let any single developer amass so much property that we end up making the same mistake as West Palm Beach made with City Place.

The Jefferson’s and other downtown stalwarts had it right. Allow redevelopment through as organic a process as possible. Let the private sector decide what will work and what will not. Government is a facilitator not a partner. Let the people actually investing their money decide on the desired outcome.

Here We Are Once Again

“Here” we are once again. This year a little earlier than usual we have arrived “here”. We are in a place where we really do not need to be though all the same “here”.  How often can we be “here” without destroying our way of life and the why we live in Martin County? The killing of our estuary seems to be as inevitable as the water flowing to the ocean via the St. Lucie. So we find ourselves once more in this predicament.

Washington and Tallahassee keep promising to do something. The governor wants the Corp to stop the discharges from Lake Okeechobee into the Caloosahatchee and the St. Lucie. But the governor has done nothing more but paid lip service to our plight. He is not a serious man when it comes to this “problem”. I wrote President Obama three years ago about our river and six months later received a form letter back siting his accomplishments on protecting the environment throughout the country but no acknowledgement of the Indian River Lagoon’s impending death. He is not a serious man when it comes to this “problem”.

Senator Rubio held a press conference here in Stuart. He sat in our city commission chamber and listened to the experts. He promised to fight to end these discharges. The senator was going to come back and report bi-monthly. I guess becoming president became more important. He is not a serious man when it comes to this “problem”.

Representative Harrell and Senator Negron have modestly proposed measures that may bring some relief to the “problem”. Will it be enough help to prevent the death of the rivers and estuaries remains to be seen? We, the people of Florida, did our part; we passed a constitutional amendment to spend money on this “problem”. Unfortunately the powers that be in Tallahassee would rather use the funds for other things and ignore the will of the people. Citizens are only an impediment to the pols getting what they want.

Every year the beauty that is Stuart and Martin County becomes a little less so. Another reason that we are living in this place is gone. The concentration of political power in both Tallahassee and Washington allows for the flaunting of the people’s will. Are we mad enough to really do anything about it? Or will our anger revert to type and once again be manipulated by party hacks and labels. We, the voters, do the same thing over and over and somehow expect a different outcome. In the meantime “here” we are once again.

 

“Just Leave Me Alone!!!”

Having been a teenager and then having parented teenagers, I remember saying and hearing the words, “Why can’t you leave me alone?” As an elected official of Stuart, I am using those same exact words when I speak to legislators in Tallahassee. Though they are not my parent and I am not their child, I do feel a certain loco parentis relationship in our respective roles. What has become one of my main responsibilities as a commissioner is making sure that the legislature does not saddle us with unfunded mandates and rules which would have an impact on the city and you.

The Florida constitution enshrines the principle of “home rule.”  It states that municipalities can write their own laws and ordinances except for taxation as long as it is constitutional and the legislature does not pre-empt the municipality’s right to do so in a matter. The legislature has no problem in using that pre-emption authority every session. Little by little, Stuart’s rights (which are your rights) to self-determination are more and more infringed upon. Instead of leaving you and me to decide the manner that we want to live our lives, state government exerts its will and its judgement over ours.

So far this session, there have been a number of bills discussed and passed in the legislature that would dictate to us when to hold our local elections and the terms of our office holders and prevent us from deciding how to best regulate rentals, cars for hire and fracking. Take a simple thing like the term of a commissioner, there is currently a bill in the legislature that would pre-empt when that term begins and ends and even when we hold our elections. Why does the legislature care what day local elections occur and the term of a commissioner?  What is the purpose except to say that Stuart and the other 410 cities in the state need the legislature’s guidance in this matter and in dozens of other matters? To the gods of Tallahassee, the charters that were approved by our voters are pieces of paper and not the will of our citizens.

In the instance of fracking, the proposed legislation would prevent a municipality from regulating the procedure. Whether you think fracking is a good or a bad thing, is it possible to have an operation with trucks streaming down our streets and using large amounts of water needed in a way that would not disturb our residents? Every time either Washington or Tallahassee passes a law that restricts what and how we can regulate on the local level, a little more of our freedom to live our lives is taken from us.

It is true that we need federal and state laws to solve problems that do cross county and municipal boundaries. We do need far away Tallahassee and Washington to pass laws to prevent the devastation of the Indian River Lagoon. Give us back the Everglades by creating a flow way south. Clean up the pollution that is or has killed our wonderful springs. Stop rewarding Big Business, Big Ag and Big Labor at the people’s expense. Don’t tax us to give incentives and subsidies to your friends and contributors. Just do the right thing on that level. Your job is to protect us from things that we cannot protect ourselves from. You are not currently doing so.

We can decide for ourselves whether we want to vote for local government in March, August, November or December. Do we want fracking, our Uber drivers to have criminal background checks, and our neighbors to be able to rent rooms in their houses on a nightly basis?  Those decisions should be our choice not your mandate. Tallahassee let my fellow citizens and I decide these things. We are your voters, citizens and tax payers…we are not your children.