Remarks To The Martin County Legislative Delegation

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

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

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

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

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

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

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

Well Worth The Time & Effort

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

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

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

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

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

The Reasons for Local Self-Government

Governments on the Treasure Coast performed well during and after Irma. The reason they could do so was because our local governments have budgetary reserves. Those reserves can pay for storm-related costs such as debris removal, shelters and employee overtime. Imagine what would happen if our counties and cities did not have the ability to manage their budgets with contingency reserves.

If a bill that was considered by the Legislature last year, and will probably be back this year, had passed, cities and counties would not be able to have those reserves. Our communities would not be able to address these problems as fast or efficiently.

In another instance of how important it is to keep governmental decision-making as close to the people as possible …

How would you feel if a commercial business opened in the house next door to you, in your residential neighborhood? It could be a bar or a convenience store. Worse it could be a topless bar or an adult book store. I am sure as your Commissioner, I would hear from you. You would demand that zoning laws be enforced. A bill that was filed last year in the Florida Legislature, but only narrowly defeated, would have precluded local governments from stopping those businesses from opening next to your home, church or children’s schools.

These are just two examples of how Tallahassee is attempting to take away your ability to live in communities that you control through local government.

Whether you call it “Home Rule,” “Self Determination” or “Local Control,” the powers in Tallahassee are in full court press to strip you of those rights. They have already precluded you from deciding whether you want short term rentals, sober homes and the ability to stop media companies from erecting 5G towers within the right-of-way. Now they want to take away the ability of local governments to address millage rates, budgets and other rights and responsibilities that should stay with us locally.

 

America was built on the concept of individuals who come together locally for the opportunity to form self-governing bodies for their communities. We do not want elites from afar regulating what we can do in our own towns and cities. The people do not want to have those that do not live in their cities dictating to them. If a locality wants to have regulations that ban “short term rentals,” they should be able to do so.

The State’s constant erosion of our right to have the local government that the people want and desire will result in the tyranny of the minority against the people. As long as localities are not infringing on the constitutional rights of the individual or those rightful powers that are reserved to Tallahassee and Washington, then both should stay out of local affairs. This fight is not about one governmental body against another but against the right of the people to live in and make decisions for their own communities.

Stuart & Housing Part 2

In my last blog post, I explained why Stuart lacks housing and what the implications of the housing shortage are. In my estimation, Stuart is not even building enough new housing to replace its existing stock. Without ample new housing coming on line, the needs of our community will not be met and will result in economic paralysis. This will minimize our future development as a dynamic cultural and business center. Without adequate population, Stuart will not be able to maintain existing services and viability.

There is a misconception that by adding housing to our existing residential neighborhoods, they will undergo a transformation that will affect the character of those neighborhoods. However, by using zoning overlays, the City can maintain residential neighborhoods with the traits that the residents deem most desirable. Stuart should look to increase housing in those areas that are not presently being utilized for primarily residential use. There are ideal main thoroughfares where we could have housing developed coupled with other economic uses.

For example, from the Roosevelt Bridge south to at least Kanner/Colorado could be one area of redevelopment. Both the Seacoast and the Bank of America buildings are ripe for mixed use development as is the Publix Shopping Center.  Another opportunity for both housing and mixed use development is along Colorado from Kanner Highway to Confusion Corner. The single story aging structures are either vacant or not used for their highest and best uses. That also includes the neighborhood to the east of Colorado. Ocean Avenue should also be explored as a corridor that should redevelop. The hospital, which owns more and more property for doctors’ offices, should begin looking at constructing buildings with medical offices on the first floor and housing for their nurses and other staff above.

Many people think that economic development means only bringing business to Stuart. Well businesses alone will not generate enough taxes to pay for the services that are consumed by the employees of those businesses. Without adequate housing, eventually the businesses will relocate outside of the City. For any city to be a vibrant center, there needs to be a balance between residents, business and entertainment. It has been proven over and over again that without the three legs of the stool, a city atrophies and eventually loses its purpose for being.

Stuart has to be a City that extends its housing for all groups. We cannot afford not to do so. Our goal must be to maintain and encourage a downtown that is appealing to the tourists but also attracts young families to make their homes there. We need workforce housing along with more apartments for the affluent. Stuart can have it all if we do not bury our heads in the sand and ignore what should be a bright tomorrow.

Ollie Harvey Bridge Builder

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

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

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

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

Comments Made At Constitution Revision Commission

These are comments I made today before the Constitution Revision Commission in Boca Raton  to strengthen “Home Rule”.

Mr. Chairman and Commissioners:

My name is Tom Campenni and I am the Mayor of Stuart Florida. I am also the Vice President of the League of Treasure Coast Cities and a board member of the Florida League of Cities. I currently am the Chair of the Treasure Coast Council of Local Governments.

I come to you today as a local elected official to speak on the importance of local government and an erosion of local control through the use of pre-emption by the legislature.

Our current constitution enshrines the doctrine of “home rule”.

By the legislature’s use of pre-emption that right is increasingly being taken away from counties and cities.

The reason that home rule is so important is because government should reflect the will of the people. Who is better to know that will than a neighbor and friend?

The one size fits all mentality that is currently being espoused by the state legislature is counterproductive to how good government should function.

The purpose of local government is to allow the citizens to live in communities that express their will. Municipalities provide those levels of services that their citizens want, desire and are willing to pay to have.

We, elected officials, pass ordinances that reflect the values of the people that reside there.

There are many things that the state needs to be involved in to protect Florida citizens.

For example, local Government should not be able to license attorneys and doctors. Those standards should be state wide.

But where the physical offices of those lawyers and doctors are should be decided by local zoning.

Where is the state’s interest in regulating short term rentals? Why should the legislature dictate to my city whether that use should be allowed or not.

If the citizens of Stuart or any municipality want them believe me they will let their commission know.

What has happened in the past decade is the legislature has developed the mindset that they know best. This is far from the truth.

There are 160 legislators in Tallahassee. There are thousands of local elected officials throughout the state.

The vast majority are either unpaid or receive very little compensation. We do it because we want to serve and make our communities better.

I urge this commission to strengthen home rule and restore the rights of local government to what the 1968 constitution intended.

 

Now Is The Time

It appears that Senator Negron’s bill regarding locating a reservoir south of Lake Okeechobee will have a hard time moving forward in the legislature. Many are fighting the reservoir on the availability of funds, some because there are other projects on the table that should be completed first, and still others because they oppose of the removal of the 60,000 acres from agricultural production.

All these reasons and explanations sound rational. But the most cogent explanation for moving forward with Senator Negron’s bill is the explanation I heard directly from him. The people and counties and cities along the Saint Lucie River and the Indian River Lagoon are seeing their way of life eroding every time releases occur. How long must we wait? Isn’t our health important not to mention our economy and quality of life.

The people of the Treasure Coast can’t wait 10 or 20 years. There is no good reason that we should wait. Economically, what we contribute to the state is as important, if not more so, than the sugar industry’s contribution. Like so many things in Florida and the United States, our area is being sacrificed, not because of valid economic and ecological reasons, but because of the hold the sugar industry has on our state and nation. It’s another sign of the collusion between big business and politicians to put the people’s interest last.

The business model for the sugar industry is, as so many others, only possible because of government subsidies. Those subsidies are made possible by political contributions made by the owners of those industries to the very politicians that vote for those subsidies. Our tax money is being used to pervert our interests. We have become a nation of subsidies and cronyism rather than the nation of entrepreneurship and capitalism .

We, the people, fight the battle for our environment while a few use our own tax dollars to thwart that effort. The river and lagoon will continue to be ignored. Every month and year that passes means that we are that much closer to another summer of green algae. The Treasure Coast is being sacrificed as are the state and national taxpayers. How about taking the corporate subsidies from those few well-connected and giving them to the citizens? We can fund the reservoir and all the other projects if we stop corporate welfare.

The Erosion of Home Rule

It is unfortunate that so many of our legislators in Tallahassee want to take away your right to self-government. They are attempting to do this in the guise of “business friendly” or “less regulation” or “democratic action”.  Apparently we have entered an era of “new speak”. Legislators are deliberately saying one thing while their actions point in an opposite direction. This is a scary time when local government is under assault with the ultimate goal of eliminating citizen involvement.

The two legislative members that represent Stuart, Senator Negron and Representative Harrell, understand the need for strong local government. They truly believe that the state should only be involved in statewide issues. They don’t think that a specific problem in Lee County needs to be addressed by a state law in Tallahassee.  Negron and Harrell think that the citizens of a county or city should have government that reflects their wants and desires. They don’t believe, as do so many legislators, that they know better than the individual citizen.

Currently in the hallowed halls of the capital there are bills that will strip away through pre-emption your rights to self-determination. Why is it that Tallahassee wants to seize control of zoning under the guise of less regulation? Why is it that the Florida Legislature, especially the House, wants to do away with CRAs, how cities can levy taxes, what services we can provide and individual municipalities’ right to have elections as per our charters?

The majority of legislators do not have any local government experience. They never served on city or county commissions. They never dealt with people wanting speed bumps in their neighborhoods. They never spoke with a citizen who can’t get a pothole filled or their garbage not being picked up. They never heard the public at a commission meeting addressing their concerns. They never scrambled to find a few dollars for a recreation program.

They don’t know how a CRA operates yet they can vote to kill the entire program. Members vote on bills from Sober Homes to Short Term Rentals without reaching out to local officials to see how the legislation affects the citizens in their districts. There is a bill presently going through the House that would require that local government could have no unencumbered reserves. The bill’s sponsor has never been elected to anything but his present seat. He never was responsible to clean the streets of debris after a hurricane. Where does he believe that money comes from if not a reserve?

For some in the legislature it is not ignorance of the issues but it is more insidious. There is a pervasive belief especially by House leadership that they know best. Ordinary citizens cannot decide what is in their best interest. That they, the all-knowing legislators, will make sure that you, the citizen, are protected from making bad decisions.

When all power is concentrated in the hands of a few powerful legislators, who will then speak on your behalf? If Walmart decided to open a store in a residential neighborhood, the local government may not have the authority to prevent that from occurring. What about adult entertainment in Downtown, an asphalt plant  on Federal Highway or a 25 story building on Palm City Road; without the ability of local zoning all of those examples could become a reality.

The county and the city can disagree on issues but I never think that a county commissioner doesn’t have the best interests of Martin County at the foremost in any decision. I may disagree with my fellow commissioners on a matter but I do not question their motifs. Local elected officials are the ones who know their constituents and their problems best. Will that legislator from the Panhandle care about our local issues?

Tallahassee’s usurpation of the people’s right to self-government is not a fantasy. It is actually happening and accelerating. Earlier this week I received an e-mail from a resident asking that I do something about train horns. As a local official there is nothing I can do. It is not in my purview. What will happen when I am asked to do something about that strip club that opened downtown? Will I have to say that I can do nothing about that either?

Should Hobe Sound Incorporate?

Should Hobe Sound incorporate? That was the question asked in an article by Gil Smart in Saturday’s Stuart News. It is my contention that any time citizens can know their elected officials and participate intimately in governing, it is the correct decision. The closer that local government is to the people the better it reflects their will. The smaller the unit of government, the more likely it is that those elected will not be professional politicians always looking toward a higher office or an election contribution.

Incorporation would mean that the citizens of the “Town of Hobe Sound” would elect a municipal council to govern. The Sheriff and Martin County Fire/Rescue would still provide those services. From the consultant’s report, total taxes would remain the same. The key difference would be that instead of being part of the Martin County development wars, the citizens of the town would call their own shots.  Who better to decide how to keep the character of Hobe Sound than local citizens?  County Commissioners can’t possibly know better what residents of Hobe Sound want than their neighbors and friends.

I am a Stuart City Commissioner and, currently, the Mayor. So, it should come as no secret that I believe local government is the best government because it is closest to the people. Most people who get involved at this level certainly don’t do so for the money. We do become involved because we want to give back to the communities in which we live. We are not easily influenced by developers or others wanting to erect projects. In fact, because we don’t need to chase campaign dollars to be elected, we can honestly do what we believe best for our communities. I hear constantly from citizens sharing their thoughts every time I go to the store or eat in a restaurant.

It appears that Hobe Sound has met the standards needed for the legislature to allow for a vote on whether to incorporate or not. There are criteria for incorporation that the legislature should follow as outlined in Section 165.061(1) of the Florida Statutes. What the legislature should not do is substitute their judgment for that of the people of Hobe Sound. Tallahassee should also not be concerned with how Martin County feels regarding incorporation.

If the legislature votes to allow the referendum, then the people can decide whether the “Town of Hobe Sound” should exist or not. I trust the people will make the correct choice. It is my hope that I can welcome the birth of Martin County’s 5th municipality this year and Indiantown should be the 6th municipality. The legislature needs to return incorporation in both areas to the citizens to decide.

Government and the Sharing Economy

Uber, Lyft, Airbnb are a few of the “new economy” companies that did not exists a few years ago. The companies are new platforms for providing consumers access to services. What does government do to insure that the public is protected when not only new companies are formed but the fundamental way that services are provided has been changed? Is a cab for hire different than Uber? Is a hotel different than renting a room in someone’s home for a night?

Over the past few years, I have given these matters quite some thought. I have vacillated on the need for regulation from yes to no and many iterations in between. There is a public purpose in the promulgation of regulation in pursuit of consumer protection. Is it fair to regulate older forms of business but not require newer platforms of the same type of business to conform? These questions are what confront us as a society and myself as an elected official.

This is how I see the situation today. First, the legislature in Tallahassee should not determine how we regulate businesses that operate within local political borders. Legislators have a tendency to hear from one of their local constituents who is having a problem and then attempt to solve that very local problem by passing a law for the entire state. This is a prime example of bad government and governmental overreach. Governments on the local level understand what its citizens want and do not need mandates and laws from legislators who don’t.

Many times you will hear the argument that companies such as Uber operate throughout Florida and therefore uniform rules should apply. There are two main reasons why that premise is not true. If we took it to a logical conclusion, those companies operate nationwide therefore should Washington have national rules? I am sure state governments would say that is absurd. The second reason is that even though companies may operate state wide and nationally, the company itself does not provide the service but only matches a locally based provider and a locally based customer. Therefore, if any regulation should apply it should be the local government’s responsibility.

In the case of Stuart or Martin County, should we regulate these “new economy” businesses? The answer is not a simple yes or no. A hotel or inn is different than a room in someone’s home. What government does have an obligation to do is to insure that both “businesses” are registered. Even someone making supplemental income by renting that room in their home may not need to install a sprinkler system but should pay the same rate of occupancy and sales tax as a hotel would. For the traveler, it may be two different experiences but each entity is in the same type of business.

Government at all levels needs to look at the array of professions and businesses that it now licenses and sets qualifications to see if it is necessary to do so.  Each profession and or trade that requires individuals to have certification or licenses to work is an impediment to growing our economy and allowing those with limited capital from starting new businesses.  Government should not foster needless regulation but allow and encourage entrepreneurship.

I was speaking to an Uber driver in New York a few weeks ago, and he stated that it took him 9 months to go through the bureaucracy of that city to obtain the necessary credentials for himself and his auto before being allowed to operate. This is unreasonable in today’s world. Our economy is changing. There will be fewer traditional jobs and more self-employed people in the years to come. If we regulate as if the early or mid-20th century economy is still operating, as a nation we will fall further and further behind in the world.

As we look to the future, don’t tie the hands of fledgling businesses by implementing blanket regulations.  The needs of Tampa are different than Stuart. We should not impose yesterday’s standards on today’s economy.  Before passing laws and promulgating new rules, both Washington and Tallahassee should take an example from physicians to do no harm. That is a good rule for any government official to follow.