SEWALL’S POINT MANAGER CANDIDATES:
Sewall’s Point has been looking for a manager for about six months now.
This is now the second round of candidates after the first group was either eliminated by the commission or they found other jobs in the interim. Will these erstwhile managers be the next town’s number one? Only time will tell.
Take a peak and see what you think. The winner is slated to be chosen on July 21st.
Finalists’ packages are here
The land development approval process has fairly rigid timelines that are set by Florida State Statute.
What made me do some research on the subject was a column written by Blake Fontenay in TC Palm regarding Atlantic Fields also known as Discovery. Depending on the type of proceeding that is before the commission, there are definite time frames that must be followed under statute. The county just can’t let things go on indefinitely. In my research I spoke to both the county attorney and the City of Stuart attorney beside reading the statutes cited.
How many of us have been involved in a civil lawsuit? The continuances and postponements are legendary. Sometimes, years go by before a court rules or, more likely, a settlement between the parties is reached. It may not be swift justice, but it is due process.
I believe that the project in question is a good one. Unfortunately, for whatever reason, the Atlantic Fields developers decided they needed a new land use in the comp plan instead of the development plan that was explained to me. Originally, they were going to come in and ask for approval of their PUD as an exception. If that had occurred, two of the commissioners who now oppose the introduction of the “rural lifestyle” use would have probably approved the development.
Once the very favorable project became the subject of a new land use introduction, everything changes. Such a change requires more scrutiny and public outreach and education. The new land use would apply to more than just the one project.
On the first hearing date in the spring, almost everyone who spoke wanted to receive more information. There were some that were not in favor. At that point most of us wanted to have our questions answered in more detail. It didn’t help that the presentations given by the staff were not meant for civilians that need more basic knowledge and delivered with more enthusiasm.
Now the entire thing has been hanging around for far too long. Positions begin to harden. In my experience, the longer it takes to obtain an approval, the more opposition will develop. This is what has happened with Discovery.
The agenda for June 21st had three different public hearings regarding this project. The first one asked for approval to create a new future land use designation of rural lifestyle in the comp plan. If that were approved, then the second hearing would allow the Discovery property to be assigned the future land use of rural lifestyle. And then the third hearing would have been to have a PUD agreement and site plan for the property. Each hearing could only happen if, at the hearing before, the commission approved the action.
The first postponement was initiated by the BOCC and was tabled to a date uncertain. The second was requested by the applicant to table the three hearings to a date uncertain that the commission voted to approve. There is a 180-day time frame under FS 125.022 for quasi-judicial public hearings which would apply to a hearing for a PUD agreement. It can be extended by mutual agreement.
Comp plan amendments must be approved by the state. Under FS 163.3184, there is a 180-day clock from the time the state comments are received. Martin County received the comments on March 31, 2022. While there can be postponements, the 180-day time frame is not stopped. The clock ticks down to zero on September 27, 2022. The only way the time can be extended is by mutual consent of all affected parties including those who provided comments.
Would the commissioners like to have only non-controversial land use changes come before them? Sure, they would. But that isn’t what they signed up for. In my experience, the commissioners are genuinely concerned with what the public is saying. They may even agree with the prevailing view and do not like a project, but they just can’t vote no. They have a responsibility to vote yes if state statute and local ordinances dictate that the developer’s request is within the scope of the statute or ordinance.
If at some point this ends up in court, the county will have to prove that it did follow state statute and gave every opportunity to the applicant to be able to make their case. The price of that is sometimes having adjournments or postponements. Property rights are taken very seriously in Florida and a government violates them at some peril.
Deliberative consultation with as many residents as possible should be the goal. The notion that things such as this should be rushed ultimately benefits no one. In my opinion, at this point not enough is known about the classification of rural lifestyle to make a good decision.
Those that are in favor of the classification would probably find very little development that they would not support. And those who are adamantly opposed are no-growth adherents. Most of us just want more information and outreach. I think Martin County deserves it.
That educational responsibility clearly falls on the party that is proposing the change. Until the developer is ready to hire a third-party facilitator that is neutral to go out into various communities and hold informational meetings, this land use change should not move forward.
Public comment is important, but even more important is that the public comment be given by a fully informed public. When the public speaks their opinions should be based on facts not supposition. A reasoned argument is more important than a rushed one. Commissioners are more apt to listen.
Have you ever noticed the difference between a driver that lives in a city and one that comes from the suburbs or a small town?
One way is how close to where they are going, they expect to find a parking space. A city driver thinks nothing of walking 5 blocks or more from the parking space to the destination. They may park a block or more farther than is necessary so that after the show or event, the car is facing in the right direction and there is no need to go around the block and become caught in traffic on one-way streets. It is all about efficiency.
A suburban driver or one from a small town expects to find a space in front of the theater or restaurant. They may circle the same two blocks many times until a space opens. Or they may just go somewhere else and complain about no parking. It is all about perception.
I have often heard that Stuart has a parking problem. In no way is that true! What Stuart has is a perception problem. The emphasis that is enshrined in our codes about parking requirements is outdated and harmful to a well-run city.
The San Francisco Bay area devotes 20% of its land to parking. Los Angeles County, likewise, has 200 square miles of roads and parking. The abundance of cars is choking California and not doing a bad job here of doing the same. To alleviate the problem, California is about to set aside most minimum parking requirements near public transit stops. Another bill would allow new development to do away with even more required parking rules.
The typical apartment in Los Angeles costs $36,000 more than necessary because of parking requirements. How will we ever build affordable housing if America would rather build cities and towns for cars than people. The excess parking requirements for our offices and stores encourage sprawl. Go to any mall and see the hundreds of spaces available.
On Federal Highway, none of the parking lots are full. Shoppers and office visitors often park in the spaces nearest the entrance of their destinations leaving most other spaces empty. This use of land for this is not sustainable.
Stuart is ideal for a mass transit system. It is small (about 7 sq. miles) and compact. All we need is the will to implement it. And we will never do so if first we don’t get a handle on parking requirements. This isn’t rocket science.
As a first step would be to expand the downtown parking exemption area from Ocean Blvd north to the river and east to High School Avenue. That would expand our downtown area. Most of Ocean has many underutilized one-story structures. Parking requirements are another obstacle to preventing revitalization. If this area had more density, a transit system would be possible.
For those who keep harping about a parking garage, the lessening of the parking requirement will incentivize construction of one. The reason that most garages in cities like Stuart fail is because a need is perceived by some, but the number of cars using it and making it viable is lacking. Like transit, public garages are based on density. Stuart is far from that.
Stuart, Martin County, and most of America have blinders on. They are still planning future development as if the last 60 years have taught us nothing. It is about time we embrace the urban planning codes like so many other places have. Stuart deserves better.
The legislature passed a bill that the governor signed into law which increases the penalties for those convicted of committing a burglary outside their home county. It was sponsored by our own Representative John Snyder in reaction to criminals coming to Martin County from down south. The famous “pillowcase” bandits.
I don’t know if it will stop the thefts, but if they are caught by Sheriff Snyder (John’s dad) and his deputies and convicted, then they will stay behind bars a little longer. It probably will be beneficial for us, so I am for it. And if there is one thing the sheriff has been, it is insistent that those coming from Miami/Dade or Broward pay the price of invading Martin County and committing mayhem even of the non-violent kind.
The sheriff even has what is known as the “Tact Team” to arrest those from other places accused of crimes here. Again, I believe a good use of taxpayer dollars to protect the citizens of Martin County. That is why we spend millions of dollars on law enforcement each year so that we can feel safe.
Now imagine out-of-county criminals breaking the law in another way. They come to Martin County every week from down south. Instead of breaking into someone’s home and burglarizing it, they threaten residents by indiscriminately shooting thousands of rounds which penetrate people’s fields, yards, barns, and homes. So far, no wounds or deaths but it is only a matter of time. This is what the homeowners of Trailside must deal with.
Trailside is an old equestrian community just north of Martin County’s very own “hole in the wall,” known as Pal-Mar. The original “hole in the wall” is in northern Johnson County in Wyoming. During the late 19th and early 20th century it was where Butch Cassidy and his gang and other criminals held up between hold ups. Lawmen seldom ventured through the pass much as Martin County deputies seldom venture to catch the lawbreakers of Pal-Mar.
The sheriff’s department response to the residents of Trailside is that they cannot do anything about this mayhem. They cite a lack of a statute to stop this craziness. Local governments have been pre-empted from any regulation of firearms.
Whoever thought that supposedly law-abiding Martin County would have its own lawless enclave filled with Dade and Broward residents able to do anything they want with impunity. The “bandits” destroy the homeowners of Trailside’s peace and their ability to be safe in their homes. Pal-Mar with thousand of acres of biological and ecological sensitive lands has become the home to destruction. Martin County supposedly the home of staunch environmentalist is ignoring the destruction of Florida wetlands.
The department has told the Trailside residents that they can’t know who is firing the indiscriminate shots. The perpetrators of this free-for-all are people that have decided not only to disregard common sense gun safety but also destroy the wetlands of Pal-Mar with their vehicles and four wheelers. They are building cabins on their ¼ acre tracts without permits (no permits are permitted under zoning) and moving dirt even though that isn’t allowed.
The sheriff is a very religious man. He often talks about his faith and even when he presented to the commission about allocating funds for body cameras, he spoke about how he prayed before making his decision. Perhaps he should pray about his decision to do nothing for his constituents at Trailside. If the indiscriminate shooting continues by those from out of county, Snyder may be praying at a resident’s funeral.
The MCTA has reviewed the last year’s audit for the Business Development Board which was on the April 19th BOCC meeting.
It was not a clean report since the auditors pointed out accounting policies not in line with best practices. Among the discrepancies found by the auditors were that there was not timely reconciling of accounts, and that one person is performing too many accounting functions. We do not believe there is anything being done at the organization that would rise to the level of malfeasance or misfeasance. Perhaps, at worst, there are too many chiefs and not enough Indians.
We have for some time believed that the board is much too large to do an effective job in oversight. The board is a political and insider who’s who of Martin County elites. Everyone seems to have a seat, but no one has much responsibility.
Further, their budget is composed of $450,000 from Martin County taxpayers with another $35,000 from Martin County municipalities. Government handouts make up $485,000 of the nearly $519,000 in total income. In effect, it is a creature of government without the oversight that the taxpayers deserve. This is nothing new and has been going on for years. It just appears that the BOCC does not have the political will to bring this function in-house.
The audit uncovered improper bookkeeping procedures. Another area of concern was that the employees lacked an understanding of accounting. A direct quote from the audit: “We strongly suggest that a better understanding of not-for-profit accounting principles and QuickBooks would significantly benefit the Organization not only in terms of internal controls and related processes but also with regard to financial reporting and the accuracy of related financial statements. In our opinion, this is a significant part of the basic foundation of knowledge that must exist within the Organization in order to overcome many of the issues cited in this correspondence.”
If the financial responsibilities of the BDB were brought under the county’s finance department, it would be a step in the right direction. But that is not the real problem with this organization. Unlike the St. Lucie County EDC, the BDB suffers from a lack of focus and dynamism. St. Lucie County knows where it wants to go. Martin County doesn’t want too much business to disrupt the nature of the county and then only want what the elites consider the right types of business.
Because there is no strategic vision, we are wasting the taxpayers’ money on halfway measures. A review of what businesses the BDB played a key role in bringing to Martin County, would be the same ones that several other organizations would also take credit for.
When we had an independent tourism board, it too was a waste of taxpayer dollars. Once the BOCC brought that function in house, there was a concentrated effort to determine how we should go after tourism dollars. It is time to stop spending our tax dollars so that the political and current business elites can have a place to call home.
With nearly a half a million dollars of government money, the results should be measurable and quantifiable…not what the BOCC currently receives in the form of Rah-Rah pep rally speak. Every taxpayer should demand accountability which is sadly lacking in this situation.
I have faint memories of being in my grandparents’ house in Hollywood, FL from 65 years ago. When you are barely more than a toddler, you don’t have fully formed remembrances but just snippets of memories. Then the night was so quiet that you heard the crunching sound of crab shells when cars drove over them in the dark.
I remember the beehives my grandfather kept and the stings when I stuck my hand in the hive one day. I think I ended up in the emergency room. Broward was then rural except for a small part of downtown Fort Lauderdale. There were plenty of cows and horses, farms, and ranches.
My grandfather was the kind of guy that worked when he had to, fished daily, and hunted when the larder was low. I remember he would have boats on numerous creeks, canals, and rivers buried in the bushes always ready to go. For the most part, he would allow us to fish using a bamboo rod with a line attached.
Photo From Conservation Fund
That Broward is long gone. But this week when I took a tour of the Trailside development, some of that “Olde Time Florida” made a comeback. That was especially true when I drove down the bridal path hugging the Pal-Mar property. The people that live in Trailside are well-off. If there is anything having to do with ranching being done on their 20-acre ranchettes, it is to qualify for Ag exemptions, but their livelihood isn’t in the cows or the horses.
My grandfather’s roots would be more attuned to the people who have owned property in the Pal-Mar region in the past, and they are very different from those that are buying quarter acre lots there now. Granddad didn’t indiscriminately shoot off semiautomatic guns to be a man. He only killed what he needed and that was usually with a single shot rifle.
I have a photo of my grandfather, his father, and his father-in-law (another of my great-grandfathers) hunting in the Florida woods somewhere. It could even be in Pal-Mar. They looked like serious men doing the serious business of providing for their families. The photo was taken in the early 1930s. They are not a bunch of Yahoos shooting indiscriminately at anything that moves.
The Trailside residents tell me things are getting worse. I have heard that the wetlands are being destroyed and animals are being killed out of season and without a permit. That is bad enough, but do we wait for loss of human life to occur before law enforcement becomes serious?
The residents of Trailside just want to be able to ride their horses without being shot. They don’t want to face bullets whizzing by their heads. What is law enforcement going to do? Right now, it looks like nothing.
Remember the promise from the BOCC that the citizens of Martin County would have one information meeting regarding the “Rural Lifestyle” amendment. It has not happened yet.
As of March 12th, (when I am writing this), nothing is on the county website advertising the meeting. The supposed facilitator, the Guardians of Martin County, have nothing on their website. The commission meeting when the rural lifestyle was approved for transmittal to the state was on Feb 22nd and included the plan for just one information meeting. At that time, staff said the state would have the approval back to the county within 50 days. The BOCC can vote to add the rural lifestyle amendment section to the comp plan once it is returned.
This may be the most significant change to the comp plan since its inception. What I am hearing from the majority of the commission and county government is “trust us.” Well, I would trust you if you were transparent and you have been anything but that.
Perhaps by the time you read this, the meeting date, time, and place will be on Martin County’s website. Perhaps a press release will go out soon. Members of the public get only one bite at the apple to have their questions answered and their fears either confirmed or alleviated.
Through detective work this is what I have learned. The meeting will take place on March 23rd at the Wolf Technology Center at IRSC Chastain Campus between 4-8 pm. This is apparently your only chance to know more. If you can’t attend, then too bad. If you live in Palm City Farms, Jensen Beach, or western Martin put aside time for the commute. If need be, the county believes, you should take off from your job, your business, and your kid’s ballgame. You won’t get another opportunity.
Discovery, which precipitated the comp plan amendment, is a good project. It could have been approved without the rural lifestyle change. They do believe in transparency because they have a sound project.
They will be having a second meeting to explain their project at 7:45 am, March 24th at the Polo Club off Bridge Road on the site of the proposed development. Because it is a good project, I am hoping that Discovery will have more informational meetings throughout the county and speak about the rural lifestyle amendment. Yet this is no substitute for the county making sure that the public is informed. The county idea of one meeting in one place just won’t suffice.
Martin County government makes it impossible to trust them because they are not working to gain the citizens’ trust. If this amendment to the comp plan is so good, then they should be anxious to educate us so that citizens have the information to have an informed opinion. A little openness goes a long way.
The county is the one with an artificial time limit on approval not the people. Let us have 20 meetings. Go to each part of the county and educate the citizens.
Citizens, you are treated this way because some commissioners may feel you are irrelevant. You should stop voting for commissioners if they are not listening to what you want. If you have been a commissioner term after term for years and years because there is no (or only token) opposition, then why bother to listen to the people. Re-election is a certainty since so many of us have no memory of how we are treated between elections.
How do you take a couple of very good land use projects and then allow them to metamorphosize into a bad outcome? Just look at the actions of the BOCC, senior county staff, Growth Management, the applicants, and assorted others.
Courtesy of Pinterest
At the commission meeting on February 22nd a proposal was brought forward that would introduce an entirely new land use classification known as rural lifestyle. It will allow for housing developments to occur on western lands in a clustered format outside the urban service boundary. I should add that this designation could apply anywhere in the county, but because it must have a minimum of 1000 acres, it would not likely happen in Jensen Beach.
The “procuring cause” was the Discovery project on Bridge Road. I have written extensively on why I believed this was a good project from day one. And it still is! In fact, the applicant said repeatedly at the transmittal hearing for the comp plan amendment that the new designation was not needed for his project. They would have come in under the exception process.
When dealing with staff, the applicant and more importantly his myriad of consultants began to think about not a plan amendment just for this project but to create an entirely new section of the plan that would apply countywide. That way, the consultants could bring other projects without going through all the steps that would be required under the special exception process every time.
There is another project on Bridge Road that goes over to Kanner Highway called Three Lakes. They presented their plan to Jupiter Island as a courtesy. It would have four golf courses and no residences. The development would contain golf cottages for members to use. These would not be for rent. In an earlier piece, I mistakenly wrote that members would rent these cottages. It is not allowed under the LDRs. And since they are for members, I don’t know what difference it would make if they were rented if one of the conditions was a time limit for use.
With 95% permeable and open space, it is another good project. No residents equate to needing no services. Ag land pays very little in taxes…golf courses pay a lot more. According to the plan the runoff is contained on site and irrigation will come directly from the St. Lucie Canal.
When I asked the developer’s rep if a new designation was needed for his project, the answer was no. They would go through the individual plan process. So how did we get this “rural lifestyle” classification?
I would imagine that ears perked up with the possibility of having all kinds of development outside the Urban Services Boundary if they played their cards right. The cards they had to play were a few compliant commissioners, staff members who saw an opportunity to play nice with their land consultant friends, senior staff who wanted to placate some of the commissioners, and an elite that couldn’t care less about what the everyday residents of the county wanted.
So, after hearing from many, many residents at the commission meeting who wanted the county to give more time for more explanation and outreach, the majority on the commission voted to transmit the plan amendment to Tallahassee. Nothing was going to prevent them from moving forward even without any demonstrated reason for the rush.
The very idea that after its transmittal and return in about 50 days, the commission will not vote to approve this is not to be believed. The sop to the public craving more information was that under the auspices of the Guardians, there will be a public hearing.
I have a couple of problems with this approach. One or possibly two informational meetings where citizens can ask questions is clearly not only the wrong format, but the Guardians are not experts in running these types of public meetings. They have their own agenda.
My second problem is that when the county went ahead and rewrote the CRA plan, they hired the Treasure Coast Planning Council to work with staff. But the important part of what occurred was that they had over 70 public meetings to iron out questions and concerns that residents and others had. This resulted in broad buy-in and agreement.
Opening our western lands to development is as important as the CRA project. Yet unless you were one of Martin County’s elites, you never saw this coming. A wink and a nod and some fast footwork by the dynamic duo of Smith and Ciampi with the silent encouragement of Jenkins has resulted in far less than what the people of Martin County deserve.
Regarding the plan itself, I have many questions about sewer and water being provided outside the urban service boundary (USB). I am not keen on package plants. Yet they have supposedly come a long way in the past few years. We need to hear from an unbiased expert on this matter. But running new utility lines outside the USB is something I don’t like either.
It would also seem to me that clustering homes makes sense instead of 20-acre ranchettes. That is the very definition of sprawl and bad planning. Isolated homes without amenities are not something any planner today can embrace.
Courtesy of Pinterest
That type of development has been available for decades, and it has not led to 20 acre-ranchette developments. The wealthy are generally not interested in being in the middle of nowhere without a place to have a drink or a round of golf. Besides if they desire the wide-open spaces, they probably have a 1000-acre Montana spread to call one of their homes. At the same time, most of the rest of us can’t afford the ranchette lifestyle. I guess that is why the county called it rural lifestyle instead of ranchette lifestyle.
For there will be sufficient open space under the proposed land use at least 70% including golf courses. And if they want to have more homes, the developer will need to set a minimum of 500 acres in conservation deeded to either a government or nonprofit. Another question arose about that which had some suggestive changes but the three commissioners are probably figuring it can be worked out during the informational meeting.
About a year ago, it was explained to me that there were several developers who just wanted to have golf clubhouses with no homes. I saw it then and still do as a way of preserving open space. Currently, most of that land is failed agricultural farms and ranches. There is probably no chance given today’s economics that it ever will again be used for that purpose. Golf clubhouses with no homes seemed like a great way to preserve property rights and keep Martin green. I thought one of the conditions could be to have a public trail or nature preserve as part of the deal for approval.
Now it is still open season and the only new or existing residents we will be accommodating in their golf course homes will be the rich and famous. The wealthy have no compunction about buying a home worth millions on a golf course with a clubhouse and other amenities in much smaller lots than 20, 5 or 1 acre, if it is elite enough and of course has a fence and guards to keep most people out.
All the double speak from the dais was just that. It reminded me of “You have to pass the bill so you can find out what is in it.” Commissioners Ciampi, Smith, and Jenkins, that is no way to vote on any legislation. It was nice of you to arrange for a session after your affirmative vote to give your constituents a chance to become educated. (As long as they can meet at your one or two appointed times at an appointed place.)
I thought Commissioner Heard would always be a no. It is so contrary to anything she believes that to think anything else would be foolish. With development issues, I disagree with her most of the time, but I respect her point of view and she gives a different perspective than my own.
In my mind Commissioner Hetherington was the standout. There is not anyone more business friendly and believing in property rights than her. Yet she cares about important items not being rushed and that constituents have the information. Hetherington would have been a yes vote on Discovery if it were a stand-alone project. She may still vote in favor with the adoption hearing after the public informational hearing.
The only thing all commissioners should remember is that the Guardians, developers, consultants, and the wealthy are not most of their constituents. Commissioners also need to consider the property rights of landowners. The bogus fear of 20-acre ranchettes popping up after years of not happening should not be a reason to change land use in a hurry.
Get the buy in of the everyday residents of Martin County. We know it can be done if the right steps are taken. It was proven with the CRA re-write. As my friend Tom Pine would say the “Good Ole Boys” win one more. Too bad for the county.
Maggy Hurchalla has died at age 81 after a full and storied life. She had for many become as close to a saint as any mortal can. For others, Hurchalla was the devil incarnate.
She was actually neither one. Hurchalla was a dedicated environmentalist with sharp elbows that sometimes her opponents didn’t see coming. A five-time county commissioner, she was no stranger to the art of politics and knew how to line up her supporters when necessary.
Like many of us, she came to Martin County and fell in love with the place. A true believer of Everglades restoration and the “mother” of Martin County’s slow growth movement. She was equally at home paddling our rivers as speaking before groups of both admirers and detractors. She could be dogmatic, and her refusal to apologize for her actions regarding Lakepoint and its judgement against her proved that.
Photo From Conservation Fund
She was the architect of Martin County’s original comp plan. Many believe that it is what sets us apart from our southern and northern neighbors, and it is no doubt a big contributor to how we see ourselves. She was thought of as a link to our pioneer past and bulwark to the encroaching future.
Martin County is a place that has development battles on a regular basis. There may be another one brewing with the change in the comp plan being proposed. I know where Maggy would be on the issue. And I know where some of the development community is.
What I don’t know is where I stand on the proposed changes for adding a rural lifestyle land use designation. I doubt many members of the public know either…if they even know there is a change being proposed. There has been no outreach to everyday citizens. Sure, presentations have been made to the elite Guardians but not to the “Smith” or “Jones” families.
Recently, the county rewrote the CRA codes. There was extensive outreach to the people. It took some time, and the result was that our residents did not protest the adoption. No such outreach here. In fact, it is almost as if this is a hidden proposal.
Courtesy of Florida Politics
Whether you thought Maggy was a saint or a devil, Martin County owes the same level of scrutiny to this change to our comp plan as we had for the CRAs. Hurchalla is part of our history and so is her environmental and land use advocacy.
The best way to honor her would be to have a series of workshops and outreach when introducing any new land use so that it can be reviewed in the open. Without that level of outreach and transparency, it seems as if county government is trying to get one over on everyday Martin County residents. And that is something Maggy fought against, and we should too.
How many emails does it take to have the results that you seek? Robin Cartwright must think if she sends enough email, then she will have her results which is to stop the Kanner CPUD.
I have just read quite a few emails that she has sent to the city from late December through mid-January. She has claimed that the developer of the Kanner CPUD (Costco) has continuously exceeded what he is allowed to do with his permits. When pressed, however, for details about what exactly was wrong, she has only used generalizations such as, “We took a drone video this morning of the property. Please be advised that more than trails were cleared. Additionally, there are activities taking place on the property right now, which may or may not be “legal” as there is no silt fence nor chain link fence up…” An inspection made by the city building inspector showed no code violations going on.
The emails continued but without any proof of violations. At one point Mayor Matheson became involved. It appears he was giving direction to staff about going to the property. The development director sent an email to the building official on January 19th referencing the mayor asking him to send someone out to the site. Photos taken from a drone by Cartwright were the basis of the complaint though no footage was forthcoming.
When asked by City Attorney Mike Mortell to provide evidence of violations she claimed were occurring, Ms. Cartwright told him to visit the site. So far, every visit to the site has revealed no violations. Mortell wrote to her that she had only made broad accusations as to what was being done in violation of a permit. There has been no specificity to any claim.
Mr. Nicolosi, the building official, visited the site on January 19th. He walked the property and found no violations of the current permits. What he did find was that a pond that may or may not have had a DEP permit at the time of its creation was encroaching on the property from Lychee Tree Nursery. Nicolosi further found that “The Amy Busteed (3250 SE Willoughby) property has a building that is encroaching into the subject property. The building does not meet City of Stuart setbacks as well as constitutes a trespass as it is over the property line and inside the subject property according to the survey markers present.”
Nicolosi further states in his report, “The contractor contracted with a company to use ground penetrating radar and has located several buried dump sites. The results of the radar investigation indicates that at some time in the past, someone excavated the property and dumped trash and debris and then covered it up to conceal the illegal dumping. The trash includes motorcycles, boats, axels, machinery parts, tires, etc. Below are pictures of some of the debris that was found.”
Nicolosi’s report can be found here
FWC also went out and inspected and found no violations.
Adam & Eve in Paradise
Pinterest
Apparently the pristine nature of the property claimed by Cartwright on the site of what will be people’s homes and stores was not a natural wilderness but rather an old junk yard. And both properties where actual violations have occurred and been documented were those of Linda K Richards’ family (she was an intervenor the Costco suit). So much for stewards of an ecological paradise.
In her emails to the city, Ms. Cartwright repeatedly states that she or someone at her direction is flying a drone over private property. She is video recording images of the property without the property owner’s permission. That is in violation of Section 954.50 of Florida statute. here
The city should not continue to bother the owner and contractors without specific reference to what in the code is being violated. Thinking something is wrong should not trigger an inspection which costs taxpayers money. It is enough without proof now of wrongdoing on the site.
Is this behavior harassment? I don’t know. But I do know that if it keeps up, I would not be surprised to see court action. The developer is not looking to hurt anyone, but we are talking about millions of dollars…which is serious money. Patience may be running out.