The Future of East Stuart

The East Stuart Neighborhood is uniquely positioned in the City of Stuart.

It is the historic home of the African-American community. As such, it has a rich and storied past that should be remembered and cherished. But the past may be getting in the way of its future. Like many such neighborhoods throughout the United States, most people have refused to see and accept what has changed in the past half-century.

During legal and enforced racial segregation, African-Americans had no choice but to live, work, shop, and play within very confined geography. Doctors, lawyers, teachers, and business owners were the pillars that lived within these communities. No matter how much money, education, or business acumen you had, you were forced to live your life within the confines of that segregated world.

With the end of legal segregation, the need to live in racial isolation is no longer necessary. More and more, economic standing dictates what neighborhood one calls home. African-Americans can now shop and eat wherever they can afford. College-bound students can attend any higher learning institution, not just traditionally black universities.

However, racism has not disappeared…far from it. It rears its ugly head all too easily and often. Slavery, which is America’s original sin, is still a stain upon our collective souls. But that is a moral, ethical, and religious discussion, not an economic one.

The continued hope of a rebirth of African-American businesses in the East Stuart neighborhood is very unlikely under current conditions. Simply put, there are not enough current residents with enough income to support anything more than the few existing stores. The few times that new venues have opened, they have been under-capitalized and under-patronized. Revitalization will only occur when there is an increase of residents who have more income.

There are currently 62 vacant lots within the roughly one square mile of East Stuart. What is also true is that there are substantially more buildings that need repair. Under the direction of Manager Dyess, the City has tried to address that issue with a revamping of the zoning and building code to allow for more flexible development. Unfortunately, he has met with community and political opposition.

Those in the community that believe that change is bad or, conversely, that somehow the government is going to fund some imaginary rebirth are simply dreaming. The City of Stuart has spent hundreds of thousands of dollars on infrastructure to allow the private sector to have the bones of redevelopment. With the proposed code changes, those in the private sector will be able to build a much more flexible product.

In order to be successful, a couple of other things must happen. One is that the Commission must stop pandering to a few and sacrificing the many. No matter what the good intentions are, setting a policy of isolation will only fail. Setting a policy of isolation will only accelerate the decline of East Stuart.

There is a place for low- to moderate-income housing. However, that doesn’t preclude more expensive-style construction. It would be a mistake to target building only for one economic class. If you are hoping for a renaissance of population and businesses, you need to have a more economically diverse neighborhood.

What no one should expect is for the neighborhood to remain exclusively African-American. Like other neighborhoods that began as ethnic enclaves, such as a Little Italy, Chinatown, or even Little Havana, over time other groups take up residence. East Stuart can be known for its African-American vibe. In fact, it can be an economic driver for new businesses and jobs. A restaurant, music, and art scene can be encouraged to enhance the African-American culture to the benefit of all.

Now is the time, with the new code, to build an exciting new future for East Stuart which honors the past but is created for a more wide-ranging future.

 

City Attorney Mike Mortell’s View on Short Term Rentals

“If you are ever in town, you should  come stay with us for a few days.”  How many people in Florida have either heard that statement or used it themselves.  At the end of the “few days”, your friends reciprocate by sending you a gift certificate to your favorite restaurant or in my most recent case, a gift from Omaha Steaks that will feed twenty.  I am sure the gift was at least $200.00.  Did I just rent my son’s bedroom to a friend for $200.00?  That wasn’t my intent.  Do I owe the 12 percent tourist tax on the value?  Did I just violate zoning and use my residential property for a commercial use?  What if I put an add on the internet that said you could stay in my son’s bedroom for $200.00?

A short term rental is a property that is rented more than three times per year for a term of less than thirty days.  Because of the proliferation of internet sites which connected the property owners with renters, this industry has exploded.  In 2011, the Florida  Legislature passed laws which prohibited local communities from regulating “short term rentals”.    In 2014, legislation was passed that allowed cities to partially regulate short term rentals but they could not prohibit the length of the stay or the number of times the owner could rent the property.  Those cities with an ordinance in place prior to 2011 were grandfathered and their regulations could be enforced. The City of Stuart does not have such ordinance.  Because this is a growing industry and there are very strong feelings by the operators as well as the neighbors impacted, there seems to be a never ending debate pertaining to the impacts and how to regulate them.  There are currently several bills in the legislature regarding short term rentals.  Some in favor of Air B&B and some in favor of the communities impacted by the industry.

Many communities have had terrible problems with these types of uses.   Imagine if you saved your whole life to purchase a retirement home on the beach and then, an entrepreneur built a five bedroom house next door that is rented to college students and other groups for one week at a time from December until May as well as randomly throughout the summer.  Every Saturday, those leaving put a giant pile of garbage bags on the curb filled with beer cans and trash left over from their vacation.  Later that day, a new group of 8-10 people arrive for the vacation they have been planning for a year. Within minutes of their arrival the stereo starts blasting, the party starts and it lasts for the entire week.  Of course the group arrived in 5 separate cars and they were towing a boat.  The cars are parked on the street and in the grass.  The music doesn’t stop and  most importantly, every day is the weekend because they are on vacation. Your need to sleep for work is an inconvenience and will likely be ignored.

That is a horror story.  There are also many rentals where a couple will travel to a community in one car, stay at a short term rental and be good neighbors.  They might shop at the local stores, dine in the restaurants and ultimately even purchase property in the same neighborhood.   Maybe, this example has less impact than a single family home because the vacationers dine out for their meals, have one car and don’t make demands on public services such as fire or police.   One of the draws of these types of rentals is that the landlord is not a corporate hotel and provides local insight into the community.  Sometimes the landlord and tenants become friends and stay in touch.  However, even if the renters are good and don’t bother anyone, is it fair?

Is it fair for your neighbor to use his or her house as a commercial business but also maintain their homestead exemptions including tax protections?  Is it fair for them to offer lower rates than the local hotels because they don’t collect or pay the 12 percent hotel tax, they don’t pay workers compensation and they don’t have to maintain commercial insurance? Some argue that this forces the hotels to “up their game” and offer more competitive pricing.  Others argue that the operators of the short term rentals are gaming the system and placing burdens on the community such as garbage, parking, noise and other impacts that don’t belong in a residential neighborhood for their sole benefit.

Maybe it is a little bit of everything.  However, it is impossible to know how a short term rental on Osceola Avenue is impacting the neighbors if it is being regulated in the State Capitol seven hours away.  So far, Stuart has been lucky and there has not been a significant problem with disturbances caused by these uses.  But what if that begins?  Normally the solution would be easy.  The City Commissioners would hear from the neighbors and provide safeguards to protect the property rights of the owner of the parcel as well as the neighbors.  Unfortunately, as the legislature continues to dilute home town rule powers of the local governments, the ability to solve these problems diminishes as well.  Currently, Miami, Orlando and the City of Stuart are treated the exact same by those in Tallahassee even though we all know there are vast differences in how each location perceives tourists, traffic and other impacts.

There is no clear solution to the short term rental industry but the easy answer is that we should stop catering to the lobbyist on behalf of the internet companies that are profiting from the industry and put the regulation back in the hands of the locals the understand the idiosyncrasies of each neighborhood.

COMMISSIONER STACEY HETHERINGTON ON HOME RULE

COMMISSIONER HETHERINGTON FELT STRONGLY ABOUT THIS AND SENT IT UNSOLICITED. I ALSO FEEL STRONGLY ABOUT HOME RULE THEREFORE I AM PUBLISHING HER OPINION:

As a newly elected county commissioner, I am often asked: “Is it what you expected?” and “What is your priority?” I’ve been surprised about a number of things since taking the oath as your county commissioner, but the greatest disappointment is the state legislature’s continued attack on local government, commonly called Home Rule.

In fact, our citizens’ right to make decisions locally is under siege.

Home Rule allows counties and cities to make their own rules of governance, instead of relying on the state legislature. It ensures that enforcement of those local rules will be “at home,” and that any necessary changes as a county or city grows reflects the trust of residents in their local leaders.

In 1968, Florida voters amended the state constitution to delegate Home Rule authority to municipalities and counties. For a good number of years, that decision by the voters was honored and respected. In the past 15 years, however, that previously demonstrated respect by the state legislature has eroded. Each year the legislature ratchets up its attack on Home Rule by attempting to move authority from the local level to the state. This current year is no exception.

Several bills were introduced in the first week to micromanage every aspect of government and life in local communities. Instead of making your voice heard at City Hall or to the County Administration Building, residents would need to travel to Tallahassee, where legislators seem to believe only they know what’s best for you..

They seem to prefer “cookie cutter” solutions for every community, regardless of differences in need, character and values. Although I have been an elected official for a short time, I am a third-generation native of Martin County. I can assure you that we are not all the same, and the cookie-cutter approach will not work. You know just as well, even if you are not a native, that Martin County has little in common with Broward, Tampa, Miami or Jacksonville. Rules made with Jacksonville in mind may do harm to our own community and vice versa.

Who can better understand and determine what is best for our community? Your county and city elected officials, or elected officials in Tallahassee? You and I know the answer, but state legislators keep voting themselves more and more power over our communities by decimating our Home Rule authority with increasing pieces of legislation designed to transfer those powers to the state.

Be sure to read proposed House Bills (HB) 3 and 5, which I consider to be a reckless assault on towns and taxpayers. If enacted, they would prevent Florida’s towns and taxpayers from making their own decisions about matters as basic as taxes or certifying contractors. It even prevents local communities from creating laws that govern any kind of business — from gas stations and liquor stores to strip clubs and pot shops.

After serving my first few months as your county commissioner, this attack on Home Rule is the greatest single crisis I’ve witnessed for local government. It not only needs to stop, it needs to be reversed. 

I’m not sure how the state legislature believes it has the authority to usurp the will of the voters of Florida granted to them by the 1968 Constitutional Amendment, which created Home Rule, but do it they have. We must work together to protect local decision-making by rejecting House Bills 3 and 5, and the most effective way to do that is to contact the committee members who will be reviewing these bills to see if they should advance. Your voice is needed now more than ever.

Stacey Hetherington

Martin County Commission, District 2

Waiting for the Train

I am in the Virgin/Brightline Station in Miami waiting for my train to return to West Palm Beach.

Sitting in the station and looking out onto the street, the once neglected neighborhood is being reborn with new rental, office and condo buildings. The station will be the hub for not only transportation but also for revitalization of this neighborhood. Thousands of new residents, businesses and tourists have begun to flock to the area.

No one believes in or wants such massive development in Martin County. However, it wouldn’t be bad thing (on a much-reduced scale) for Stuart. Instead of thousands of apartments, how about a couple of hundred? A hotel of a hundred rooms instead of one of thousands. New businesses would open to service new residents, and the visitors that would come for a day or two.

We went to Miami Beach for the weekend. We had done this in the past and had driven to get there, which was a nightmare. This time we took the train from West Palm and it was cheaper and less aggravating than driving and paying for parking which was $44 per day plus tax at our hotel. The last time we went, we didn’t drive our car once while we were there but rather used Uber or Lyft. We did again this time.

For years, I fought against the train. Now that Martin County has accepted Brightline/Virgin, so have I. It would be foolish to continue a fight that will not be won in the courts. I have taken my own advice and decided to let the market determine the fate of this business.

In the meantime, I believe it is in the interest of Martin County and Stuart to work in partnership with Virgin/Brightline to mitigate any problems. We need to use this as an opportunity to bring residents, businesses, and tourist dollars to the area. Virgin Trains are no more the enemy than the people who want to build Savannah Place or Seminole Bluffs. In those instances, we work with them to achieve the best possible project. The same should be done with this business.

We can have the best possible outcome by taking this more inclusive stance. There are several possible sites for a station to be located which would be to Stuart’s best advantage. For those worried about development of the possible City Hall site, I agree that would be the worst of the options. The peninsula only has one way in or out. That is not where the biggest bang for the buck would be.

Second best would be the fairgrounds. The cons are it is not near downtown nor does it offer the economic advantages that should and could be maximized. When that site becomes available, it should be used in conjunction with the airport to add more light industrial space. These are high-paying jobs, and the more we can cluster them together, the more synergy will be derived.

The ideal spot is the Erneston/East Coast Lumber Yard properties adjacent to MLK Blvd and Dixie Highway. There is the opportunity for finally constructing a parking garage on the Court House parking lot. It would be an economic stimulus for East Stuart and a tie-in to the Colorado Avenue corridor. It is eminently walkable to downtown. We could have the tram meet each train. There is room for new businesses, a hotel and residences without adding to the problems of overcrowding downtown.

As I finish writing this, I am still at the Miami station overlooking newly constructed buildings and a few empty lots. More and more of the area is being relieved of blight in this CRA neighborhood. If Brightline ends up going belly up tomorrow, these buildings will remain. The people that have moved here will stay. The businesses with their offices aren’t going anywhere.

The same would happen in Stuart and Martin County. The developed real estate stays. Most of the economic benefit of the new construction remains. That is why we need to work with this company. It is in our own best interest.

Home Rule Comes With Responsibility

I favor the concept of home rule.

Home rule is nothing more than allowing localities the right to govern themselves. The best government is that which is closest to the people. The decisions that can be made at that basic level are those which the citizens can influence the most. That is why it is so perplexing when the “Lords of Tallahassee” continuously try to circumvent the Florida constitution to the detriment of their constituents.

But with home rule comes home rule responsibilities. Too often we encounter local commissions and councils that are not following all the rules. This is especially true when it comes to sunshine and public records. The debacle with the arrest of three Martin County Commissioners is an example.

From websites to Facebook pages, there are rules that must be followed. On every website the budget and audited financial statements must be posted. There should be a way to contact the elected office holders listed. It should not be like solving a puzzle to make a public records request or find out information. And those public records or information requests should be handled expeditiously.

When a constituent writes or telephones, his/her query should be returned in as little time as possible. One of the reasons that local government is so important is to make sure that citizens can be heard. Take away the ability to have their grievances and concerns addressed and you take away one of the most important reasons for local government to exist.

The larger the population of a municipality, the more it needs to strive to communicate and do so effectively. Televising and streaming meetings over the internet should be done as a matter of course. Websites should be intuitive to navigate and information easily obtainable. Interactivity and the ability to submit forms and requests online should be simple for citizens to accomplish.

Elected officials need to consult with their constituents on an ongoing basis to solicit their opinions and determine where those citizens think government should be going. Home rule isn’t a one-way street. Good local government means that local officials and their staffs are committed to more than just the slogan of home rule.

From Saturday’s Friends & Neighbors

TRAM

 

Part of the recommendations from the parking study that was completed was the introduction of a fixed route mini-transit system. While it was being done to some degree, the tram drivers would still take phone requests from users to pick them up at their homes within the downtown area and deliver them to their destinations and then return the riders home when they were ready.

 

If you live on California or Akron Streets, that is a great way to have free cab service, but it is not what those who advocated for our mini-transit system had in mind. When the City Manager stopped the on-call service, then “government by tee-shirt” sprang into action. At the meeting, a half-dozen people spoke about how great it was to be picked up and brought to Osceola for a meal.

 

I would love to be able to call the tram and be picked up and transported home also. Unfortunately, like 15,000 other Stuart residents, I don’t qualify for that service. If I don’t want to drive or walk the ¾ mile, then I need to call an Uber. Not very fair for me and my neighbors to subsidize the individual rides of the few.

 

A fixed transit system needs to be reliable and on time. That can’t happen if it is diverted from its route, which is a route that serves citizens and tourists who park in our parking lots and then are picked up in an expeditious way to have that meal or to return to their cars. That, in my mind, is a good use of tax dollars not being the chauffeurs for a few.

 

The City Commission voted to implement those recommendations contained in the first part of the study. It was a good call then, and it is a good call now. I am happy to see that they have stuck to that plan. The City should look to expand service and routes so that more and more residents can take advantage of our mini-transit system. People who want a cab should call a cab and leave government to provide a service that does not compete against private industry.

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What Do Stuart & NYC Have In Common?

What do Stuart have in common with New York City?

At first look, it would seem not much. There are blocks in New York that seem to have as many residents as all of Stuart. There are no tall skyscrapers here, unless you count four stories as a skyscraper. And, while one is known for the hustle and bustle, the other is not. NYC is the “Big Apple” and Stuart is “the best seaside town.”

What they do have in common is a supposed dislike of anything new.  Any change is met with skepticism and foreboding. Just look at what happened with Costco here and Amazon there.

Both Costco and Amazon were offering to set up shop and provide relatively high-paying jobs for each area. In both instances, the NIMBY and “government by tee-shirt crowds” were right there to protest the new. A few politicians brought the rhetoric to demagogic heights of untruths, including economic guru Alexandria Ocasio-Cortez. Never mind that the majorities of citizens in both cases were in favor of the projects.

The United States is now in a world of alternate facts. Anyone can have his/her own reality. Instead of basing an opinion on provable statistics, when those statistics get in the way of what we want to believe, then we go with the heart and never the head. If it is economic, then apparently very few people (including our elected leaders) can remember that without taxpayers, there are no tax revenues. You need both sides of that equation to operate government.

So, in New York, Amazon is a dead deal. It died because the business was only providing $150,000 jobs to those who were qualified and would not commit to provide jobs to those who weren’t. You can’t be a tech employee if the extent of your knowledge is playing video games.

There are some serious problems with infrastructure and transportation that need to be addressed in Long Island City, the chosen location for the Amazon project. The state and the city should have committed to spending the bulk of the $3 billion slated for tax credits to funds for improving local infrastructure. That would have been much more palatable to existing neighbors and Amazon’s new workforce which would have overwhelmed the roads and public transportation in the area.

Politicians are not known for bravery. They may want to do what is right, but, when any opposition appears, they cave. Once in a while, a few elected officials will have a stiff spine even if it means not being re-elected. But as we have moved away from elected office being a civic duty to a lifetime job, showing fortitude can be an expensive proposition.

New York City has closed the book on Amazon. For all its supposed big city sophistication, they blew it. They allowed the clamoring few to rule the day. Stuart hasn’t quite definitively lost Costco yet. It may still come back. Costco may still want to provide some good-paying jobs that, in our case, can be performed by the bulk of our workforce.

Our local elected officials should run and not walk to be of assistance. They should not be throwing up roadblocks and demands that are not rational or economically feasible. The City does not have $3 billion in “giveaways” to give away. Nor should municipalities trip all over themselves to do so. At the same time, the City staff and Commission need to see businesses as economic partners, not the enemy.

Stuart has a chance to do something that will enhance the City and Martin County. We need to embrace the new and seize those opportunities. To be a city means to have development and economic progress. We are not a museum set in time. Stuart began as an economic and residential hub of the County, and we should want to see it become that again.

SHARED ATHLETIC FACILITIES

Every school has athletic fields and a gymnasium. Several of those fields are maintained by the County for the use of residents during non-school hours. Because of heightened security, they are not accessible to the general public.

 

Kevin Abbate, the County Parks & Recreation Director, was rightfully frustrated because of the County dollars spent without everyone’s ability to use those fields. As I have written before, the County and School Board have something in common. They have the same taxpayers. And it makes little sense for those taxpayers to pay for duplicate facilities.

 

Both Ed Ciampi and Marsha Powers were correct in their assessment that there is no reason why the public cannot use school facilities during non-school hours. While school staff has a fear that the buildings would not be secure, society cannot live in fear. We fear the crazies, but we can’t do something as important as to make sure that weapons do not fall into their hands.

 

The County runs recreation programs in their parks now which are open to everyone. Should they now be closed? Should the kids waiting for buses be assigned guards? What about libraries?

 

The Boards should be able to work together to ensure that taxpayers have access to these facilities. Schools are open 180 days a year. The buildings are not open at night or on weekends. Wouldn’t it be nice if all of us could use them?

 

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More Money For A Failed Water Park

How can the County spend your tax dollars more frivolously than they have in the past?

The new planned expansion of Sailfish Splash Water Park brought to you by Abbate Enterprises (Parks & Rec Department) which is 100% owned by the Board of County Commissioners…or, in other words, the taxpayers of Martin County.

Not content to lose hundreds of thousands of dollars currently, the newest addition to something that should never have been built will cost taxpayers $2 million for Phase 1 and eventually a total of $5 million. The money for Phase 1 will come from impact fees. High impact fees are one of the reasons why building a new home or business in the County is so expensive. But what does Abbate Enterprises care about money. They want to compete with the private sector but be subsidized by the taxpayer.

Between our new “Top Golf” fun at the public golf course and this Martin County extravaganza, the County is building losing entertainment ventures with abandon.

The season for the water Park is March 9th through September 2nd in 2019.  A day at the park will cost you $14.95 per adult and $12.95 per kid. A family outing with Mom, Dad, and the two kids, without anything else, is $58. Or, you can go to the beach and spend nothing! What are we doing here?

What happened to public recreation and not subsidies for amusement parks? What about all the kids that can’t afford this? What about those without a pool at home? Isn’t recreation and parks for the people, all the people, and not for just the few?

The private sector won’t touch a water park in Martin County for a very good reason, since it is a money pit! The County Commission is doubling down because one of their rationales is you need to spend more not to lose as much!

I can’t believe citizens think this is a good idea. I can’t believe taxpayers think this is a good idea. This is a vanity project and has no place in County government. Whichever Commissioners vote for this nonsense, after needing to borrow $45 million to fix fire stations, should be retired at their next election. The entire idea needs to never get as far as the dais.

It is time for Parks & Rec to concentrate on our parks and recreation programs. We should demand that the facilities we have currently be maintained and nothing new be built. This utter nonsense is a sheer disregard for taxpayer dollars. Contrary to the popular belief of some, County government is not a private business but rather a public trust.

Actions of BOCC Have Resulted In $45 Million Borrowing

On February 12th, the Board of County Commissioners will decide whether to pursue an RFP (Request For Proposal)  to obtain consolidated debt service funding of $45 million.

In the overall enormity of the County budget, it is not a large amount. When you must borrow this amount of money, it may show the weakness in the County’s fiscal condition. Most of the projects are new or rehabilitated fire/rescue stations and training facilities. There is a previously approved Golf Course expense of $5.5 million plus $6 million for the first phase and relocation of a public works and general services complex.

It is very unfortunate that the sales tax was not approved last year to deal with these issues. At that time the BOCC did not adequately justify its legitimate needs to the voters resulting in a defeat for the referendum. The Commissioners who thought it was a good idea to decorate the sales tax Christmas tree of County Government with pretty projects ended up not being able to fund anything. The good projects they should have been touting such as the needed infrastructure outlined above (except for the golf course) were sacrificed for the Commission’s grandiosity to favored constituencies. It rightfully blew up in their faces. The same Board will now need to fund these projects from general revenue through financing.

It may be tempting for residents to tell this Commission to only build what they can afford to pay for in any one year (and I am tempted to say that,) but it would prove a disservice for the taxpayer in the long run. There are two reasons not to take that track.

The first are construction costs are rising. Each year it becomes more expensive to build a project. Therefore, it would make economic sense even when factoring the cost of borrowing to do the work as soon as possible. The second reason is that most of these projects can no longer be put on hold to some future date…especially the fire stations which should have been addressed years ago.

While I am endorsing the County in its RFP for debt services, I believe that the voters and taxpayers need to hold the Commissioners responsible for the situation that we find ourselves in today. I want to make it quite clear this is not a staff problem but the policy that has been promulgated by the elected officials. There is no excuse to acquire new parks or facilities without making sure that the ones we already own are maintained. There is no excuse to allow our fire/stations to deteriorate to this degree where they need expensive replacement and rehabilitation.

Each dollar spent for a glamorous shiny thing is one dollar less to be spent for un-glamorous upkeep of an existing structure. As voters, we should be tracking how the Commission spends our tax dollars, how they seek tax increases, and how they do the work of governing instead of pandering to the crowd. I have heard far too often from elected bodies, “this is what the residents want.” A few of the residents may want any one thing, but all the residents want nothing more than good prudent fiscally responsible government.

This County Commission has not been fiscally prudent. That does not mean that the capital outlays in the agenda item should not be accomplished through borrowing. While this is not quite a Hobbesian choice, Martin County is left with few other options.