The Martin County
Defender
The e-newsletter for aware citizens – No. 121
Commission to vote on 18 Comp Plan amendments at Sept. 1-2 meeting
INCLUDED ARE SEVEN HIGHLY CONTROVERSIAL CHANGES CONCERNING GOALS, LAND USE, COASTAL MANAGEMENT, CONSERVATION & OPEN SPACE, SEWER & WATER, DRAINAGE, AND ECONOMICS
The drive by developer interests and the Commission majority to do a massive rewrite of the county’s Comprehensive Plan comes to fruition at the Sept. 1 meeting of the County Commission. Commissioners will consider, and likely favor, 18 Comp Plan Amendments to be sent to the Department of Community Affairs for their approval.
The run-up to this transmittal hearing has roiled the county through most of the year to date. Opponents of the far reaching changes have justifiably objected to those provisions – such as Planned Unit Developments (PUDs) in agricultural land - that that will make rural development much easier. Those changes weaken the protections that have served Martin residents so well for many years.
Most of the lively objections at workshops have been ignored. Staff has been instructed to prepare the final amendments to be heard on Sept. 1 & 2. There simply has not been enough time for the public to study and discuss the final versions of the amendments.
Last call for residents to state their views
To let Commissioners know what citizens want – and don’t want - you can show up and speak for three minutes on the agenda items that concern you. In sage advice for being successful, Woody Allen once said:
The place to show up is at the Commission Chambers, 2401 SE Monterey Rd., Stuart. For those who can not attend, an email that expresses your opposition to amendments that promote growth in western ag land may be directed to the five commissioners. Just copy and past in an email:
svallier@martin.fl.us, sheard@martin.fl.us, eciampi@martin.fl.us, dsmith@martin.fl.us, phayes@martin.fl.us,
Court ordered sale of Renar River Place
On August 17, 2009, the 19th Judicial Circuit Court found in favor of Plaintiff Bank of America against Defendant Renar Development Co. It ordered the public sale on Oct. 8, 2009 of numerous properties to be sold as a single collective item to the highest bidder. The properties are in Martin, Orange, Osceola, Volusia and Brevard Counties.
The primary property going to auction in Martin County is the controversial Renar River Place development in Jensen Beach. Also up for sale is the Jensen Beach Golf and Country Club.
Thumbs down on four-day school week
This past year, the Florida Legislature, in its infinite wisdom, passed a law that allows school districts to have a four-day school week. This would require longer school hours to meet the requirement equivalent to 180 school days. If implemented, the shorter week could save a small amount of money. However, it would greatly burden students, teachers, support staff, and especially working parents.
So far, none of Florida’s school districts has opted to make the change.
How the federal “Cap and Trade” global warming bill would affect Floridians
The American Clean Energy and Security Act of 2009, aka the Waxman-Markey House of Representatives “Cap and Trade” bill, is being promoted as a way to limit global warming. If it becomes law, it would limit or “Cap” greenhouse gases, especially carbon dioxide. U.S. companies that emit these gases must pay for federal permits for emission allowances, and can then “Trade” such credits on an open market. Countries like China and India are not interested in such limits, thereby giving them competitive advantage.
By itself, Cap and Trade is not a bad idea, though how much man contributes to natural global warming, is questioned by some reputable scientists. The devil is in the details of this 1,427-page bill. Cap and Trade can be an effective tool, but not the way it is set up in this bill.
What’s wrong is primarily three-fold. First, the bill postpones important implementation for many years, like time-bomb mortgage balloon payments, until a day of reckoning when today’s politicians will be long gone from the scene.
Second, it tries to micromanage, favoring by guesswork and political horse trading, which technologies will buy emission allowances, rather than allowing undirected technological innovation to show the way.
Third, it is in effect an energy tax on carbon based fossil fuels, the source of 85% of U.S. energy needs.
GDP, jobs, electricity and gas calculations
Combining these three factors results in significant negative results for the future, especially with higher energy costs. The Heritage Foundation has calculated how Cap and Trade would affect the national economy starting in 2012 when the law would kick in, and projecting out to 2035. We show here the average numbers for Florida over this 24-year period, due just to the Waxman-Markey bill.
- State gross product would decrease by $16.806 billion.
- Personal income would decline by $6.92 billion.
- Almost 67,000 non-farm jobs would be destroyed.
- Electricity prices would rise by $829 per household.
- Gasoline prices would rise by $0.65 per gallon.
The end result of Waxman-Markey for Florida in 2035 (when our children would be grown up) would be shrinking Gross Domestic Product (GDP) and higher energy costs. The numbers for Florida in 2035 would then be as follows:
- GDP reduced by $28.29 billion.
- Job losses 127,775.
- Electricity prices up $1,607.
- Gasoline prices up $1.33/gal.
Laws to control air pollution – laws that are not aimed primarily at global warming - are already on the books, enforced by the Environmental Protection Agency.
Food for (fearful) thought: Projections of current Administration spending plans indicate at least a cumulative $9 trillion deficit (expenditures exceeding taxes) over the next ten years. That will bring the national debt to $17.5 trillion, or about an unsustainable 68% of Gross Domestic Product (GDP). The interest on the national debt will be the largest item in the budget. Ouch!.
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 8/27/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828, Palm City, FL 34991. All rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: All correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 122
SPECIAL REPORT
The Stormwater Fee
On Aug. 25, 2009, Martin County sent a notice to all property owners that the County Commission will hold a hearing on Sept. 15, 2009 to hear public comments – and almost certainly impose - a Stormwater Service Assessment fee. The notice was poorly worded, and omitted some crucially important information. It left most residents confused.
Here are the key things that the notice did state:
- The average single family residence includes 3,428 sq. ft. of impervious surface, which will be considered an Equivalent Stormwater Unit, or ESU.
- Impervious surfaces include rooftops, sidewalks, patio areas, driveways and parking areas.
- “Since verifying the impervious surface for each parcel of property in the County is a practical impossibility, certain classes of property have been established and assigned ESUs in a uniform matter.”
- Each ESU assigned will be charged $7.10/mo ($85.20/yr). The number of ESUs for a given property is printed on the notice.
- The County plans to collect a total of $7,230,919 for this project in Fiscal Year 2010.
- The fee will be collected on the ad valorem property tax bill to be mailed in Nov. 2009.
- The purpose of the fee is to retain, convey or treat stormwater runoff.
Here are the key things that the notice should have stated - but failed to do so:
- The fee replaces the Stormwater Municipal Service Taxing Unit (MSTU) shown as an ad valorem charge on property tax bills.
- Municipalities, which provide their own stormwater service, including Stuart, Sewall’s Point, Jupiter Island and Ocean Breeze, are exempt.
- For the average home, the new fee is roughly about the same as the MSTU, or a little lower.
- Since the stormwater fee is based on square footage of impervious surface, rather than assessed value, many commercial, industrial and agricultural properties with improvements are likely to pay more.
- Single family residences with less than 1,643 sq. ft. of impervious surface, condominiums and mobile homes will be charged 40% of the ESU rate.
- Single family residences with 1,643 to 5,213 sq. ft. will be charged one ESU rate.
- Single family residences with more than 5,213 sq. ft. will be charged twice the ESU rate.
- Commercial, industrial, institutional, agricultural and vacant land with improvements will be charged based on specific impervious areas calculated as follows: (Area/3,428) x ESU rate.
- Government buildings and certain institutional structures such as churches are expected to be exempt.
SOME TYPICAL CALCULATIONS
Consider the average Martin County home appraised at $240,000. For a stormwater millage rate of 0.413, the ad valorem stormwater tax would be about $99/yr. Since such a home would be assigned 1 ESU, under the new fee of $85.20, there would be a saving of about $14.
However, if we consider a commercial location such as a supermarket, or more dramatically, a mall, the large building and huge parking lot would be costly because it depends on impervious surfaces. For example, 1,000,000 sq. ft. of surface divided by 3,428 sq. ft. per ESU, would result in 291.715 ESUs. Multiply that by the $85.20 charge per ESU, and the stormwater fee would come to $24,854/yr.
As was noted in DEFENDER No. 117 concerning a possible switch of fire/rescue from ad valorem tax to fixed fee, unlike the property tax, the ESU would probably not be deductible on individual Federal income tax returns. Thus switching to a fee, in effect, drains more money out of Martin County and hands it over to the Federal government.
COUNTY LAND USE DISTRIBUTION
The number of parcels by land use are:
Residences under 1,643 sq. ft. impervious – 4,535
Residences between 1,643 and 5,213 sq. ft. – 33,928
Residences over 5,213 sq. ft. – 8,013
Multi-family – 202
Comdominium – 10,524
Mobile Home – 3,136
Commercial – 917
Industrial – 612
Institutional – 48
Agriculture w/improvements - 622
WHAT DRIVES THE NEED FOR STORMWATER FEES
The Martin County Engineering Department’s 2008 Stormwater Maintenance Program Report identified a backlog of 14 years of scheduled maintenance projects. These projects range from minor standing water issues to significant storm drain sewer rehabilitation that can prevent serious flooding. For example, the county needs to regrade 6 miles/yr of 243 miles of ditches and canals, but the current program only has the funds to regrade 0.25 mi. Similarly, 16.4 mi of 410 miles of swales need to be regraded, but currently only 2 mi are.
Furthermore, Florida Department of Environmental Protection is developing increasingly stringent mandates for removing pollutants, especially Total Nitrogen and Total Phosphorus loading, by as much as 23 to 80%. Many stormwater systems may need to be retrofitted.
According to Engineering Department Project Manager Jim Gorton, about 40% of costs will go to new facilities, and 60% for maintenance operations.
NO BREAK FOR SUBDIVISIONS
According to a recent Florida Stormwater Association survey, 47% of the state’s stormwater utilities give utility credits to subdivisions that have permitted stormwater systems, while 53% do not issue credits. If Martin were to issue mitigation credits, the operation would cost $100,000/yr plus overhead, assessment collections would be reduced about 34%, and the ESU rate would have to increase 52%.
Dealing with runoff conveyance is only part of the problem. In addition, it has been found that many existing permitted stormwater systems are substandard in terms of pollutant removal.
So it is not anticipated that subdivisions will receive any mitigation credits.
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 9/1/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828, Palm City, FL 34991. All rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: All correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 123
What’s up in Martin County schools with Obama’s Tuesday speech to students?
On Tuesday, Sept. 8, 2009, at 12:00 noon, President Obama will give a speech to America’s school children on the need to work hard and stay in school. Some school districts across the country will lead children on extensive discussions of the speech, following a U.S. Department of Education classroom guide. The guide originally asked students to write about how they could help President Obama, but that was deleted after objections surfaced.
Other districts, responding to criticism that the speech “gives the appearance of creating a cult of personality,” are not showing the speech. Still others allow parents to opt out of their children listening.
The White House said it would release a transcript of the speech Monday so parents would have time to review it before the live broadcast.
The Martin County School District is taking a more balanced and sensible approach. On Sept. 4, the following news release was issued by the District:
“It will be “business as usual” for Martin County School District schools on September 8th. Our schools continue to follow the Florida Sunshine State Standards for instruction. All schools in the District are routinely provided access to C-Span and its programming. Participation in the President’s Address to Students is voluntary.
“Parents that do not wish for their child to participate in this activity should send a note with their child to school. The child will be provided an alternate accommodation at school during this time period.
“Martin County School District guidelines do not allow for the endorsement of political views or philosophies in the classroom by teachers or District personnel.”
Practically speaking, this allows some discretion to school principals on how instruction and classroom discussion, if any, should be conducted.
Commission backs away from worst developer supported Comp Plan changes
After months and many hours of contentious discussion, the County Commission completed its tedious EAR work of revising the Comp Plan. The revised version, superseding the plan of 1990, now goes to the Department of Community Affairs for approval before final adoption in December
The worst pro-sprawl proposals – Traditional Community Developments (TCD) and Planned Unit Developments (PUD) in agricultural land – went down to defeat despite strong lobbying by developer-allied people. Homeowners who feared more intense development next door can rest easier because protective tiered transition areas were not all replaced by small buffers.
Shoreline setbacks were fortunately preserved. However, a number of questionable changes, such as incentive requirements in the Economic Element, and the new vacant land formula that shows less land for growth than really exists, did pass. It is likely that if the Florida Hometown Democracy Amendment 4 was currently in force, and residents had voted on the undesirable changes, none would have passed.
We’ll never know if it was sober reflection by most of the commissioners, or the impact of a flood of objecting emails – especially the many thoughtful arguments from DEFENDER readers – that influenced the commissioners to back off from the worst proposals. We’re just glad that a disaster in the making was avoided. Martin can still be special, but continued vigilance is the watchword.
Stuart Commission to vote on EAR Comp Plan Amendments at Sept. 14 meeting
The Stuart City Commission and Local Planning Agency (LPA) will meet at 4:00 pm on Sept. 14, 2009 to adopt the Comp Plan Amendment growing out of the Evaluation and Appraisal Report (EAR). The meeting agenda in pdf format runs 278 pages, and may be downloaded from the following site:
http://cityofstuart.us/index.php?option=com_rokdownloads&view=folder&Itemid=262
We will select just a few items to provide a sense of the document..
Changes in Land Area (Annexation)
The City has annexed a total of approximately 1212 acres since the 1996 Evaluation and Appraisal Report (1997 – 2008). Nearly 80% of this acreage was annexed during 1997 and 1998. Approximately 30% of the annexed acreage was assigned a Residential future land use category and 44% was assigned the Commercial land use category.
With two exceptions, nearly all of the amendments to the Future Land Use Map which were adopted since the last EAR-based amendments were associated with annexations. The two exceptions resulted from evaluationsof City-owned properties and the northern expansion of the CRA boundary.
Vacant Land for Development
Approximately 25% of the vacant land within the City’s boundaries is designated residential on the Future Land Use Map, nearly twice as many acres in the Low Density category as in the Multi-Family category.
Approximately 23% is in mixed use categories which permit some residential development. This land has the potential of generating up to approximately 3,471 dwelling units. The largest consolidated area of vacant residential land is located in the northeast corner of the City. The predominant designation of vacant land is Commercial (35%). The largest parcels are located in the southeast corner of the City.
CONSISTENCY WITH CHANGES TO GROWTH MANAGEMENT LAWS
Since the City’s comprehensive plan has been amended a number of times since 1996, only a few amendments have been identified as needed to comply with changes to growth management laws. These are primarily recently enacted changes which are also addressed in other sections of the EAR.
Future Land Use Element Recommendations
Current Policy: Stuart shall continue to incorporate the principles of sustainable communities and sustainable development in its short and long-range planning.
Recommendation: Replace with new sustainability/smart growth Objective and Policies promoting: energy efficient land use patterns, LID, green building program, cooperation with State’s green building program for public buildings, use of renewable resources; low-carbon-emitting electric power plants, mobility strategies to be adopted in Transportation Element.
Current Policy: The City shall study the application of aesthetic design policies for Colorado Avenue, Monterey Road, East Ocean, the Willoughby corridor, Palm Beach Road, U.S. 1/Federal Highway, SR 707, and other significant arterial corridors.
Recommendation: Clarify scope for study of aesthetic design policies for arterial corridors and add Policy to specifically address Federal Highway corridor, including landscape/streetscape treatments; setback, signage and architectural provisions; and permitted/restricted uses .
Poll: “Florida will be better off with less people”
If tax policy is the third rail in Florida politics, its foundation is the assumption of expanding tax base from population increase. For a hundred years, bringing more people to Florida is the fuel for growth that chewed up the state's quality of life and natural resources like logs in a wood chipper. But it goes beyond considerations of Florida's environment.
Accommodating the tens of millions of Floridians required an ever greater miscalculation of risk: risk to existing quality of life, to the unabsorbed costs and unfunded mandates of suburban sprawl; in other words, chasing the Florida dream on the cheap. It is no surprise that an online poll by the Orlando Sentinel discloses: so far, nearly 80 percent of respondents say that Florida will be better off with less people. It is a potent majority, but one that no politicians appear willing to embrace.
U.S. healthcare coverage numbers
Total U.S. population – 307 million
Total uninsured – 46 million
Uninsured non-residents – 9.7 million
Uninsured earning over $50,000/yr – 17.6 million
Uninsured qualified for Medicaid or similar – 14 million
Uninsured balance truly in need of public support – 4.7 million (1.5% of U.S. population)
Is Canadian healthcare a model for U.S.?
See enlightening video report at:
http://www.youtube.com/watch?v=q2jijuj1ysw&NR=1&feature=fvwp
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 9/5/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828, Palm City, FL 34991. All rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: All correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 124
Commission’s 9/15/09 meeting to decide on several controversial issues, including:
- FREE-RENT GIVEAWAY TO PRIVATE GROUP
- STORMWATER ASSESSMENT FEE
- NOISE ORDINANCE
- NON-AD VALOREM ASSESSMENT ROLLS
The next County Commission meeting on 9/15/09 will be presented with a 12-page long agenda, which is two or three times as long as their typical agenda. Tucked into that list are some controversial items that merit thorough examination and substantial public input. Here are four of the items.
- FREE-RENT GIVEAWAY TO PRIVATE GROUP
Agenda Item 4D2 verbatim description
“THE JENSEN BEACH CHAMBER OF COMMERCE HAS REQUESTED THAT THE COUNTY ALLOW THEM AN ADDITIONAL THREE YEARS TEMPORARY USE OF THE OLD JENSEN BEACH LIBRARY LOCATED ON RICOU TERRACE IN JENSEN BEACH
“The Jensen Beach Chamber of Commerce's (Chamber) current License Agreement for the old Jensen Beach Library building expires on January 10, 2010. The Chamber is requesting that the Board grant them an additional three (3) year use of this building. Staff recommends approval of the three (3) year License Agreement.”
DEFENDER Commentary: DEFENDER No. 36, published 12/6/07, addressed this backroom giveaway of the use of County owned real estate by a private entity. The headline question we asked was:
Commissioners: Why are you giving away free rental of County property for private use when we need every dollar?
The following explanation followed:
Martin County owns a structure at 1900 NE Ricou Terrace in Jensen Beach . It’s the old library building, 4,536 sq. ft. with loading dock. If it rented it out to a commercial tenant, it would bring in roughly $50,000.00/yr. The County Commission always should have wanted to help unburden taxpayers, but in this period of reduced tax revenues, anticipated cuts in public services, and imposition of new fees on residents, the need is even more pressing.
Instead, the Commission gives the space away free to two tenants. One tenant is the School Board, using it for their Adult Vocational Education efforts. This is a reasonable public use.
The Commission has also extended the building’s lease term from 2004 to Jan. 1, 2010 for this building to be used without rent by a private enterprise, the Jensen Beach Chamber of Commerce. In effect, taxpayers are paying the rent. This sweetheart deal with a favored party is a breach of Commission fiduciary obligations. Did Commissioners approve this giveaway in anticipation of political campaign contributions?
The Commission is urged to exercise immediately the following provision of the lease with the Jensen Beach Chamber of Commerce: “County reserves the right to terminate this agreement without cause upon three (3) days written notice.”
Following this article, the Commission did not terminate the agreement. As predicted, the overwhelming political contributions made by JBCofC members subsequently went to the candidates that approved this outrageous County giveaway to their organization. It’s Martin County (un)ethics in action.
CHALLENGE: Will the Martin County Taxpayers Association stick to its principles and oppose this ripoff use of County assets?
Apparently six years of living “temporarily” on the County dole is not enough for JBCofC. Now, with economic conditions even worse than they were 2007, they want three more years of County-subsidized support. Other business and civic organizations, including Chambers of Commerce, pay their own way. Why shouldn’t the Jensen Beach CofC do so as well? The Commission should carry out its fiduciary responsibility and sell the property or rent it at market value if they have taxpayer interest at heart.
- STORMWATER ASSESSMENT FEE
Agenda Item 6D verbatim description
“PUBLIC HEARING TO ADOPT THE FINAL ASSESSMENT RESOLUTION FOR FY09/10 STORMWATER SERVICE ASSESSMENT AND CERTIFICATION OF THE SPECIAL ASSESSMENT ROLL TO THE TAX COLLECTOR
“Division 3 of Chapter 159 of the Martin County Code sets forth a two-step process for creating and imposing stormwater assessments. The board completed the first step by adopting Initial Assessment Resolution No. 09-7.33 on July 21, 2009. The second and final step of the process is the adoption of a Final Assessment Resolution which sets the FY09/10 Stormwater Service Assessment rates and certifies the special assessment roll to the Tax Collector.”
DEFENDER Commentary: The County sent out a notice on 8/25/09 that the Commission would be considering this issue on 9/15/09. Their notice left residents confused, so we explained it more clearly in DEFENDER No. 122. There have been numerous objections to this stormwater fee. We suspect that most of them were prompted by the County’s failure to make two crucial elements clear concerning application of the fee, as will be discussed below.
Some of the objections are based on misunderstanding or self-interest; others are quite reasonable. We’ll try to untangle the mess for readers.
OBJECTIONS BASED ON MISUNDERSTANDING
Many of the complainants apparently believe that the fee is an additional imposition. It is actually a replacement for the ad valorem stormwater tax that has been in effect. It is likely that some objectors may not even know that they have been paying it. Furthermore, many homeowners would be paying less of a fee than they have as an ad valorem tax.
OBJECTIONS BASED ON SELF-INTEREST
It is surely fair that those who contribute more to stormwater runoff should pay a higher fee. The amount of runoff depends on impervious surface area. This includes parking, rooftop, driveway and other concrete areas. It is commercial and industrial that has the most impervious surfaces, so they would pay more. Recognizing this, business organizations such as Chambers of Commerce are gearing up to oppose the fee. In effect, they want commercial and industrial to pay less than their fair share, while residences pay more.
REASONABLE OBJECTIONS TO STORMWATER FEE
There are three matters that do justify objections to various aspects of the fee. First, many residents living in subdivisions have spent a lot of money on stormwater facilities, in addition to the ad valorem tax. This has saved the County a considerable amount. Second, imposing a fee looks like a camouflaged tax, one that can exceed tax limits. Will we have a fire/rescue fee next year? Third, unlike an ad valorem tax, a fee is not deductible on individual IRS tax returns.
Options open to Commission: (1) It can pass the resolution as proposed. (2) It can kill the resolution and rely on ad valorem, as in the past. (3) It can cut the $7.23 million the fee plans to collect, thereby reducing the basic Equivalent Stormwater Unit (ESU) charge of $85.20/yr. (4) It can pass the resolution, but give a mitigation credit to subdivision residents with permitted stormwater facilities.
- NOISE ORDINANCE
Agenda Item 4C1 verbatim description
“CONSIDERATION OF NOISE ORDINANCE RESOLUTION
“Section 67-304. Measurement of Sound, of the Martin County Noise Ordinance, provides that the Board may adopt a resolution to establish or amend the standards, instrumentation, personnel, measurement procedures, and reporting procedures to be used in the measurement of sound pursuant to the ordinance. A resolution is presented for Board consideration.”
DEFENDER Commentary: We recall this contentious issue pitting residents objecting to noise (mostly music) emitted by nearby entertainment businesses. How much peace and quiet is a person entitled to? The Commission has tried to play Solomon in deciding what is fair to all. How well they succeed may depend on whether you’re pitching or catching.
- NON-AD VALOREM ASSESSMENT ROLLS
Agenda Item 4H1 verbatim description
“Utilities and Solid Waste - ADOPT AN ANNUAL ASSESSMENT RESOLUTION REQUIRED BY ORDINANCE NO. 96-493 TO APPROVE NON-AD VALOREM ASSESSMENT ROLLS FOR FISCAL YEAR 2010
“The Board is requested to adopt the Annual Assessment Resolution approving Assessment Rolls.”
DEFENDER Commentary: We haven’t had the opportunity to examine the details, but we expect it will include the next trash collection fees.
Airport runway EMAS project on track
A 9/4/09 letter to the Commission from Witham Airport Director Mike Moon presented a brief history and status report on the Engineered Materials Arresting System (EMAS) project. It stated the following:
The Martin County Board of County Commissioners approved the compromise with the FAA on the Runway Safety Area solution which was to provide an Engineered Materials Arresting System on both ends of Runway 12/30 at the airport. That approval also directed staff to submit a revised Airport Layout Plan to the FAA consistent with the EMAS proposal.
Staff followed that direction and submitted the revised/updated ALP, showing the proposed EMAS installation on both runway ends, to the FAA on January 28, 2009. The FAA approved that ALP on February 11, 2009.
On January 20, 2009 the Board of County Commissioners accepted a grant with the Florida Department of Transportation for the design and construction of the EMAS on January 20, 2009 and accepted an FAA grant for the EMAS design on August 11, 2009.
In furtherance of the BOCC’s acceptance of the revised layout plan and the acceptance of both grants, the airport has entered into an agreement (Task Order) with our consulting engineer to complete the design of the EMAS. The Notice to Proceed on that task on was issued to Hanson Professional Services on August 27, 2009.
At the present time we are attempting to establish a date for the pre-design meeting. Once the design has been finished and bid, we will apply for an FAA grant to complete the construction portion of the project.
Political anagram of the year
ELECTION RESULTS
LIES, LET’S RECOUNT
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 9/10/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . All rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: All correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 125
Florida’s growth management laws are a mix of good sense and idiocy
TEST CASE IN MARION COUNTY WOULD AFFECT MARTIN.
The good guys win one! Law says there must be a need for more houses to change Comp Plan
Florida’s Growth Management Act mandates that that someone seeking a comprehensive plan change must demonstrate that the change is needed. Considering that residential over-development was an important trigger for the recession, that Florida population is decreasing, and that there are hundreds of thousands of unsold homes and unbuilt approved plats, this needs requirement makes eminently good sense.
Unfortunately, developer controlled county commissions may ignore the needs requirement. Then if the Department of Community Affairs (DCA) does not approve the development plan, and an Administrative Law Judge rules against the developer, one would think that matter is finally resolved.
But no! The developer still has another way around the law’s needs requirement. The case can be appealed before the Governor and Cabinet.
FACTS BEHIND CASE IN MARION COUNTY
An out-of-state developer proposed to build 800 homes on 400 acres near Ocala in Marion County . The increased density required a Comp Plan change. This area was losing population at a rate of 2.22%/yr, and local subdivisions had more than 1,700 home sites approved but never developed. Clearly there was no need for more, but the County Commission approved it 3-to-2 despite resident objections. [Sound familiar?] Two residents without legal training took up the challenge, appealing to the DCA.
After a mistaken approval, DCA realized the project did not comply with the needs test, and rejected it. An Administrative Law Judge upheld the rejection. Approval would have meant the county would have a 45-year supply of homes. DCA Secretary Tom Pelham said: “Take away the needs requirement or weaken it and the department will have no mechanism by which to check excessive development proposed beyond any need.”
So the case moved to Governor Crist and his Cabinet for review. Lobbyists from the Farm Bureau and the Florida Chamber of Commerce pulled out all stops to push the developer’s case because they knew it would set a precedent. Despite the lobbyist pressure, on Sept. 15, the Cabinet unanimously voted against the developer. In other words, the Cabinet confirmed that need is a vital criterion in changing a Comprehensive Plan to accommodate more development.
This is a most welcome action. It sets a precedent for all counties that need must be considered. DCA Secretary Pelham noted that the rush by developers to have their projects approved before Hometown Democracy Amendment 4 appears on the 2010 ballot is the motivation for an unprecedented flood of development proposals that require Comp Plan changes. Those proposals, when there is no need, are designed to increase the value of properties for some distant future. We surely need Hometown Democracy Amendment 4 to give residents a voice in their community’s growth.
Business Development Board – a good mission, but a sweetheart contract
There is wide agreement that Martin must shift from a residential construction economy to a broader commerce and industry economy. The key organization charged to hold and attract industry, and to assist current businesses to expand here, is the Business Development Board (BDB). So it seems reasonable for the Commission to double the amount contributed by the county to BDB to more than $600,000.
However, on Sept. 15, the Commission approved, Commissioner Heard dissenting, a contract that irresponsibly reduces county oversight of BDB. Examples: BDB does not have to comply with Public Records and Sunshine laws; BDB gets an unprecedented 10-year contract, automatically renewable for two more 10-year periods; advance cancelation notice period (as little as 3 days in some county contracts) of 2.5 years.
Furthermore, how much BDB raises from private industry is vague. They’ll try. There is no performance requirement in the contract. BDB flies on public funds, so better oversight is needed than the newly approved contract provides.
Consideration of County giveaway of office space to JBCofC postponed to 9/22/09
The Commission postponed for one week consideration of renewing the gift to the Jensen Beach Chamber of Commerce of using an office building for zero rent. As was detailed in DEFENDER No. 124, JBCofC has had this free ride for six years, and wants three more years.
If you believe that such favoritism – and waste of public facilities during a recession – is not wise, let the commissioners know:
svallier@martin.fl.us, sheard@martin.fl.us, eciampi@martin.fl.us, dsmith@martin.fl.us, phayes@martin.fl.us,
County to explore buying instead of renting office space for Constitutional Officers
Some private businesses are finding that it is cheaper to buy property than to rent. It has been reported that Publix can build or buy by issuing 6% bonds instead of renting from landlords that expect a 12% return. Martin County has approved sending out a Request for Proposal (RFP) to weigh acquisition of office space for such Constitutional Officers as the Property Appraiser, Tax Collector, Clerk of Court and Supervisor of Elections.
The county now spends about $1.3 million/yr for some 58,000 sq.ft. of rented offices for the Constitutional Officers, ranging from $15.50 to $27/ft. It is expected that the rent cost can be cut by 10 to 15%. Investing $11.6 million would provide a net payback in 9.49 years. With 5% bonding, the purchase period would be 13 years. When loans are paid off, operating cost should run $5.50/ft.
The RFP would look for buildings already in existence within 1,200 ft. of present county campuses. This may also raise the property value of nearby buildings. At this point, the effort is exploratory, without any commitment to make the purchases.
Quotable quote
“A government big enough to give you everything you want, is strong enough to take everything you have.” - Thomas Jefferson
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 9/17/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . Al l rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: Al l correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 126
The Economic Council lies!
On 9/21/09. the Economic Council of Martin County issued the following false statement:
“Amendment 4 will leave Florida in Permanent Recession. Amendment 4 – a statewide “Vote on Everything” initiative – is a grave threat to Florida ’s future. The passage of this amendment could mean a permanent recession for Florida ’s economy and indefinitely stall our states economic health.”
The truth is that Hometown Democracy Amendment 4 on the 2010 ballot will prevent the over-development bubble that bursts, and the boom-and-bust cycle that has triggered the economic recession. It will provide stability instead of the lost jobs, business failures and foreclosures that current law and developer influence foster.
Amendment 4 does NOT require a “vote on everything,” as claimed by the Economic Council. Amendment 4 does NOT require a popular vote on budgets, taxes, land regulations, ordinances, appointments, hiring, inter-local agreements, site plan approvals, impact fees, leases, capital improvements, property transfers, PUD agreements, real estate acquisitions, zoning variances, labor contracts and a host of other decisions made by the Commission.
Amendment 4 DOES require that voters approve changes to the Comprehensive Plan, the state-approved legal guide that is like the Constitution for our county. Vital changes that affect huge infrastructure costs and quality of life should not depend on 3-to-2 Commission votes. Citizens should have a voice in such crucial matters.
The reason developer/business interests are resorting to this falsification of what Amendment 4 does is because they are desperate and do not trust voters. They don’t want residents to protect their own communities from the over-development that has ravaged so much of Florida . They want to continue their free-wheeling, public-be-damned projects. They fear – and have good reason to fear – that approval of Amendment 4 will limit their power and restore measured, sensible growth that benefits all residents.
“CHICKENS COME HOME TO ROOST”
Commission irresponsibility re fire/rescue drives desire for fire fee
Perhaps the taxpayer revolt against the Stormwater Fee has doomed the Fire Fee, a proposed assessment fee driven by the realization that existing ad valorem taxes will not pay mounting fire costs. The reason fire costs are rising has been the irresponsible willingness of the Commission to give the politically active fire/rescue union whatever it wants.
For years the Commission has agreed to sweetheart labor contracts with large raises for fire/rescue beyond that of other employees, plus paid days off, instead of using professional negotiators to keep costs in line. This year’s insult to resident wallets was the Commission’s approval to hire 33 more firefighters to get a short term Federal grant … this at a time when there is no population growth. After a year or so, Martin taxpayers start to pick up the tab, and after three years we’re stuck with the whole bill for the 33 added personnel. The clock is ticking.
Here is how the DEFENDER reported the matter in Issue No. 92:
County needs to cut staff about 10%, so Commission votes to add 33 fire personnel. Are they nuts?
Face it. The County Commission majority is irresponsible. At a time of diminishing tax revenues, when departments are being asked to cut staff/expenses by 10%, fire/rescue comes up with a proposal to add 33 firefighters. At the March 3, 2009 meeting of the County Commission , Commissioners Susan Valliere, Doug Smith and Ed Ciampi approved it. The bait was a Federal grant that would cover costs for a few years, but then taxpayers would have to pick up the tab.
Our report went on to explain “that in the past 8 years our population grew 11%, the number of fire/rescue staff grew 23%, and their budget grew a mind boggling 300%.” By not keeping rein on expenses, the Commission has added to the governmental hunger for more assessment fees.
NOTE: At the 9/22/09 Commission meeting, Commissioners Sarah Heard and Patrick Hayes emphasized that expenses for public safety also need to be trimmed if we hope to achieve a balanced budget while holding down taxes. They pointed out that there is a limit to how much can be cut just from parks, roads, libraries and administration. There is a tendency by the Commission majority to make public safety budgets untouchable. Public safety accounts for about two-thirds of the ad valorem budget, so they should tighten their belts like everyone else.
MCTA comment on school board
Martin County Taxpayers Association (MCTA) President Don Pickard had this to say in a recent Stuart News column:
“There is an admitted, ongoing effort to suppress open input from the superintendent and limit her authority. Repeatedly cited was the fact the School Board is the ‘ultimate decision maker’; that there is an ‘agreement’; and that this agreement was made between ‘all parties’ at a state-level ‘board training’ session.
“This self-inflicted agreement was repeatedly questioned and challenged by our directors, who were in disbelief that such a policy would be advocated, much less enthusiastically enforced. Our collective judgment was that this is a disruptive, destructive policy that proactively inhibits good management. This policy also severely limits the ability of the public to analyze the issues. A majority of School Board members are biased, ineffective managers/leaders.
“Whether strictly legal or not, they need to change this policy — or they should be replaced by the voters.”
To which we add: Amen!
New pro-development law to be challenged in court by 18 local governments
A new growth management state law that went into effect this past July is being challenged this week in a Tallahassee court by 18 local governments. The charge is that the state’s Community Renewal Act is unconstitutional. The law violates the state constitution’s unfunded mandate provision, and the prohibition against multi-topic piggy-backing on popular bills.
In addition, the law kills growth controls, including DRIs – Developments of Regional Impact. In some areas, it also eliminates transportation concurrency, which essentially provides that there have to be adequate roads to accommodate more houses. Still other provisions of the law, pushed by legislators influenced by developers, extends the shelf life of building permits by two years (Martin has its own bad-policy permit extension law). Martin County is not one of the plaintiffs, though it would be beneficially affected by a positive outcome from the suit.
A true sense of community
Volunteers at Martin’s community playhouse, The Barn Theatre (www.barn-theatre.com) , showed their appreciation for volunteers at two organizations for the needy – Volunteers in Medicine and Treasure Coast Hospice – by inviting them to a free performance of “Cash on Delivery.” This rollicking, hilarious farce runs through Oct. 4. We salute all concerned.
County unemployment numbers for August: Martin County 11.5%; St. Lucie County 14.7%.
Final tax increase in 2009-2010 budget: 3.81%
October is Historic Preservation month: We expect the Martin County website (www.martin.fl.us) to list the many events, including trolley tours, walks, lectures, scavenger hunts and celebrations.
Swine flue virus: There have been only three hospitalizations in Martin due to the H1N1 virus, no deaths. The first people to get the vaccine next month will be those most susceptible: Pregnant women, healthcare providers and children. The Health Department reminds us: Wash your hands; stay away from coughing and sneezing; and stay home if you are sick.
Correction
In the DEFENDER No. 125 report on the county considering the purchase of office buildings instead of leasing space, we stated that savings of 10 to 15% were anticipated. Assistant County Administrator Jim Sherman has informed us of a small but significant correction, as follows:
“Just a slight correction to your story on lease to own. The 10% to 15% reduction is actually my estimate of the potential reduction in total square feet that we could realize by right sizing as we convert to ownership. All these organizations have less staff today than when the leases were put in place.”
Is mandatory health insurance constitutional?
For an informative discussion of this issue, go to the following website:
http://online.wsj.com/article/SB10001424052970204518504574416623109362480.html
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 9/23/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . Al l rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: Al l correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 127
The budget – still a live issue
On 9/22/09, after considerable palaver and posturing, the Commission approved the $344.5 million 2010 budget starting 10/1/09. The tax rate went up 3.81%, but the budget went down $18.9 million, reflecting lower tax collections from reduced sales and lower property values.
But that’s not the end of the story. The county still has to replenish the $2 million it took out of reserves to balance the budget. Furthermore, it has to figure out ways to make up for still more reduced tax collections that are anticipated for the coming year or two.
ADMINISTRATOR’S EXPLANATION
The Future Group has taken the lead in pressing the county administration to cut expenses. In a frank and realistic response, Acting County Administrator Taryn Kryzda offered the following explanation:
“We are constantly asked to operate like the private sector. In many ways we try to, but in some areas we cannot. Private companies are able to reduce their employees when their demands reduce. There is a direct correlation between those employed and the workload. Our County operates 24 hours a day, seven days a week. The number of individuals driving on our roads has not decreased, the number of miles of roadway to be maintained has not decreased, those utilizing our libraries and parks has increased, the number of 911 calls are the same, etc – we have not experienced a reduction in our requests for service or operations, quite the contrary.
“There is an expectation from the public that the facilities we have will be there and the services the resident needs will be provided. Please know that we have taken great strides to make reductions where we could without impacting customer service to the residents, and I have promised the Board that those efforts will continue. I look forward to working with you and members of your group in the future as we will have to continue to work on reductions for next year.”
RESIDENT SUGGESTIONS
Some resident suggestions for reducing county expenses are heavy on generalities and light on specifics: Lay off employees, longer furloughs, etc. However, residents are also making more specific suggestions, as detailed below.
Some proposals would help only slightly, such as eliminating sprinklers on road medians, and posting some beaches as unguarded, swim at your own risk.
One idea that seems to have significant support, but is not likely to fly legally, is the suggestion to reopen the sheriff and fire contracts under “Financial Urgency” Statute 447.4095. Legal counsel holds that the substantial reserves held by the county precludes such a solution. If the Commission had not been so submissive and generous with our tax dollars in fire union contracts, this suggestion probably would never have arisen.
One of the most attractive suggestions is to recruit more volunteers. The spirit is there among our residents, but a mechanism for expanding existing volunteer programs is needed. Getting more volunteers and interns to work giving out parking tickets, planting flowers and shrubs, working as clerks in county offices, and so on would cut many costs. It would also instill a heightened sense of community.
Some of the most tough-minded suggestions from Future Group members focus on reducing personnel and overhead costs significantly. These include: Less office and warehouse square footage; contracting out more services; work days cut to four days; fewer benefits, including paid sick and vacation days; higher deductibles on health insurance; and increased time before employees become vested for retirement. Some of these alternatives may become available only when labor contracts renew.
It would be remiss not to mention: Stop giving away the use of county assets, as the Commission did with three more years free rent (after six prior giveaway years) for the Jensen Beach Chamber of Commerce.
Commission-induced agenda confusion
DEFENDER’s new AGENDA NOTICE service has been delivering the official meeting agendas of the Board of County Commissioners, School Board, Stuart City Commission, and Martin Local Planning Agency to recipients. The agenda formats are new to some of the subscribers to this free service.
We have had inquiries as to whether the County Commission is eliminating the Public Input period. The reason for the inquiries is the confusing way the agenda presents the item. In the 9-22-09 and previous agendas, the first item says 9:00 A.M. This is crossed out with a strike-through. Then the detail item looks like this:
D. PUBLIC – TO BE HEARD AT 9:00 A.M.
Is it a deletion? Or does the Commission mean to say that the public will be heard immediately after some routine and ceremonial items are completed? At the 9-22-09 Commission meeting, public speakers started at 9:26 A.M. despite the stricken agenda item. But there is even worse confusion ahead.
We looked at the early agenda for the Commission’s 10-6-09 meeting. Guess what: There is no mention of a morning Public Input period at all! It’s time for the Commission to get its act together and stop confusing residents! Is there, or isn’t there, a morning Public Input period? Say it clearly.
Disgust with the Palm Beach Post
Over a year ago, the Palm Beach Post essentially abandoned full news coverage of Martin County . All we now have are occasional reports and some good columns by Sally Swartz. That can be reluctantly accepted because, presumably, it was caused by the recession-induced layoffs.
Then on 6-25-09, this paper that proclaims itself to be a supporter of ordinary citizens, came out with a blast against what is now Amendment 4: “This newspaper has criticized Hometown Democracy as the wrong solution, an unfair burden to developers who obtain legitimate growth plan changes.” This conforms with the Post’s broader left leaning philosophy of shifting decision making from individuals to government. Or was it make-nice to developers to boost needed ad income?
Then on 9-11-09, surely a day for commemoration, does the Post focus on the deaths of 3,000 innocents by terrorists, or the historic aftermath of that day in 2001? No, it runs an article on “Muslims in the U.S. wrestle with anxiety.” How mindless can a newspaper be?
Then on 9-25-09, the Post runs an editorial, “The ACORN back story,” that is a semi-apologia for this corrupt and discredited organization (“It’s just not a story that threatens the republic … the voters ACORN registers favor Democrats. Still, the not-for-profit group refuses no one.”) Yuck.
“Advantage” Medicare plans in Martin
Of 44 million Americans on Medicare, 20 to 25% are enrolled in privately insured Advantage health plans (between 800,000 and 1,000,000 in Florida ) that are partly subsidized by the Federal government. The attraction is that Advantage plans limit out-of-pocket expenses, and may include benefits such as drugs and vision care. The possible downside is a restriction on provider selection.
A DEFENDER statistical analysis indicates that more than 8,000 Martin residents are enrolled in Advantage plans – which are in jeopardy according to “reform” bills now working their way through Congress. Elimination or major cutback of Advantage plans would save from $123- to $150-billion over 10 years in order to pay for part of the trillion dollar coverage of the uninsured. Humana is threatened for revealing this.
Possible loss of Advantage plan benefits is one reason many seniors are not enraptured with ObamaCare proposals. Sen. Bill Nelson is introducing an amendment to save Advantage plans, but the outcome is uncertain.
Reader inquiry about Amendment 4
Following up our report on Hometown Democracy Amendment 4 (which requires voter approval for Comp Plan land use changes, but not other decisions) in Issue No. 126, we received the following inquiry:
Q: Wouldn’t Amendment 4 artificially reduce the supply of buildable land for home construction?
A: Amendment 4 limits supply of buildable land only in the same sense that zoning limits the land next to your house from having a gas station built on it. It is basically the desire of residents to have rational and orderly land use, rather than officials having the total say … and catering to the special interests that fund their campaigns. It is not an artificial shortage because there is more available land than there is demand now and for a long time into the future. I trust the collective wisdom of the people – who will have a say under Amendment 4 – over that of developers, politicians, and other self-interested kindred spirits.
“A rose by any name …” or “A tax by any name …”
DICTIONARY DEFINITION (Random House Unabridged): tax, n. 1. a sum of money demanded by a government for its support or for specific facilities or services, levied upon incomes, property, sales, etc. 2. a burdensome charge, obligation, duty or demand.
This definition would seem broad enough to cover assessment fees, “border adjustment mechanisms” (aka tariffs), and penalties for not buying what the government orders us to buy.
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 9/29/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . Al l rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: Al l correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 128
PROPOSALS THAT WOULD RUIN MARTIN COUNTY
Developers submit plans to convert agriculture to a huge industrial complex
Two developers have submitted plans to build massive industrial and office complexes on agricultural land, according to excellent reports by reporter George Andreassi in the Stuart News. To carry out these plans, the County Commission would have to change the Comprehensive Plan that has just undergone the most far ranging pro-growth changes in many years.
This bold outrage is reminiscent of when consultant Urbanomics, on whom county staff wasted $50,000, came in with a recommendation that large areas be turned into commercial and industrial parks. It was so off the wall that when it came before the Commission in March 2007, even the all-for-business commissioners had little interest in discussing it. Like a phoenix-vulture, it has risen again.
MONSTER #1 – WESTERN PALM CITY
It’s called the Interstate 95 Agricultural and Employment Center , a phony name dreamed up by applicant Turner Groves. Agricultural use is being phased out, and the “employment” needed now would not show up for years to come … but it’s an enticing word.
The project would not be located on industrial zoned land, as it should be. It would be placed on 1,782 acres of agricultural land just west of I-95 and immediately north of Martin Highway (SR-714). It would also have its own land use designation to allow 5 million sq. ft. of industrial park, 1 million sq. ft. of office space, 200,000 sq. ft. of retail, and 500 hotel rooms.
It gets worse.
Just north of this project, across the C-23 canal, is the even larger projected Southern Groves Development planned for 6 million sq. ft. of industrial, office and retail space, plus 7,388 houses. To connect the two developments, a road and bridge across the C-23 would be built. This will help reduce traffic on I-95 (though with large increases on SR-714). The bridge may also quiet anticipated traffic objections by the state.
MONSTER #2 – KANNER & WATERWAY
This two-part monster may be smaller, but in some ways it’s deadlier because it proposes to move the Urban Services Boundary (USB) – a slippery slope precedent that leads to uncontrolled sprawl. This 498-acre tract is divided in two parts. 150 acres along the Okeechobee Waterway south of CR-76A would be devoted to marine and manufacturing. The balance, with frontage on Kanner Highway , would be for offices and a new industrial land use.
Including this land within the USB would allow service by the county’s water and sewer utility – and provide a huge jump in the value of the land.
THERE’S ALSO HIGH DENSITY RESIDENTIAL IN AG LAND
There is also a proposal for a 3,902-acre agricultural tract at Kanner Highway and Bridge Road . The developer wants to set aside 2,452 acres for Everglades restoration in exchange for permission to cluster 725 houses on the other 1,450 acres.
In addition, a developer with 3,081 agricultural acres south of Bridge Road and east of I-95 wants to donate 500 acres to be added to Jonathan Dickinson State Park in exchange for permission to build 516 five-acre ranchettes on the remaining land.
Here’s the ripoff: To put across these questionable deals, the developers are saying or implying that this complies with the Land Preservation Incentive Amendment (aka Valliere Amendment) designed to allow clustering on half of ag land if the other half is preserved. BUT that Amendment does not allow an increase in density, which the above proposals do. Again, the developers want to turn to Comp Plan changes … and the added tax burden on residents for more infrastructure.
The current hurried push to get massive development projects approved when few companies or individuals are buying is – as Department of Community Affairs Secretary Tom Pelham has noted – an effort to beat the clock before citizens vote on Hometown Democracy Amendment 4. It’s likely that, given the choice, residents will not want such radical growth changes that will change the character of Martin County , and were not anticipated in our Comp Plan.
Patients caught in dispute between Martin Memorial and United Healthcare will be OK
It’s just another business negotiation where the two parties could not agree. The contract between insurer United Healthcare and Martin Memorial Health Systems expired on 9-30-09, and is not being renewed. Simply stated, the hospital wanted to charge more for its Advantage Plan services, and the insurer wanted to pay less. So there was no agreement.
The most important question is how does that leave the patients? First, the two parties agreed to continue in-network services and payments until the end of the year. This provides enough time for enrollees to switch to another health plan on 11-15-09. Second, various commercial, Medicare and AARP supplemental policies are not affected by the split. (The Palm Beach Post, in reporting the story, failed to mention these two important points, causing consternation among some seniors.)
Furthermore, anyone who comes to the hospital with an emergency condition must, by law, be treated, so that service is not affected. And outpatient diagnostic services are not affected.
Also, other hospitals continue to provide services to United Healthcare Advantage enrollees at the following facilities: Lawnwood Regional Medical Center and Heart Institute in Fort Pierce , St. Lucie Medical Center in Port St. Lucie, and St. Mary’s Medical Center in West Palm Beach .
The insurer-hospital split affects some 1,600 enrollees, about evenly divided between Martin and St. Lucie Counties. [See article in DEFENDER No. 127 reporting on efforts by Congressional Democrats to cut Advantage subsidies to pay for coverage of the uninsured.]
1000 Friends of Florida and Amendment 4
1000 Friends of Florida is a high level organization interested in conservation and rational growth. Its Board has distinguished members, including such people as corporate executive, lawyer, congressman, commissioner, building planner, lobbyist, economist, Chamber of Commerce governor and university dean. It is mostly conservative, moving cautiously on any changes in government.
While Florida Hometown Democracy was gaining the hundreds of thousands of petitions which put Amendment 4 on the 2010 ballot, 1000 Friends of Florida did not support the Amendment. This apparently prompted reader RH, a strong opponent of Amendment 4, to needle us by asking why we do not mention that fact. Though some may consider this request as the Devil quoting Scripture, we see it as a dare. We have now complied with his request.
But it’s time to bring the story up-to-date with a DEFENDER exclusive. 1000 Friends of Florida is having second thoughts about opposing Amendment 4. At its 9-29-09 Board of Directors meeting, the organization decided to reconsider its opposition at its December meeting. Nathaniel Reed, Chairman Emeritus, is reported as working to raise funds for Amendment 4.
We believe that the more people reflect on the need for voters to approve Comp Plan land use changes – not “everything” as has been falsely charged – the more they will realize that it will provide the economic stability and quality of life that residents deserve.
Block phone spam
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Quotable quote
"No matter what side of the argument you are on, you always find people on your side that you wish were on the other." - Violinist Jascha Heifetz
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 10/2/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . Al l rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: Al l correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 129
Budgets for taking care of our neediest
The overall county budget for FY 2010 reflects substantial cuts, though many people think it should have been cut even more. The budget items for serving our neediest residents have been cut as well. The largest part, the Children’s Services Council taxing unit, is down 3.2% to $10.8 million, while holding fast at the ad valorem rate of $0.35/$1,000 assessed.
The county provides grants and aid to various not-for-profit organizations. Presented below are previous and current budgets, the latter starting on 10/1/09.
Grants & Aid Organization – FY/09$ / FY/10$
Martin Soil & Water - $17,400 / $17,400
Veteran’s Homeless Service - $10,000 / $10,000
Indiantown Non-Profit Housing - $43,750 / $43,750
Council on Aging (Community Care for Elderly) - $54,136 / $54,136
Council on Aging ( Senior Center Log Cabin) - $40,400 / $33,998
Council on Aging ( Salerno Dining Center) - $14,151 / $11,774
Council for the Arts - $48,665 / $44,000
Historical Society – House of Refuge - $88,000 / $79,200
Treasure Coast Homeless Council - $25,000 / $25,000
211 Phone Service - $10,500 / $10,500
Advocates for the Rights of the Challenged (ARC) - $12,600 / $12,600
Helping People Succeed - $11,250 / $11,250
GRANTS & AID TOTAL - $375,852 / $353,608 (down 5.9%)
Service Contracts - FY/09$ / FY/10$
Humane Society - $495,000 / $495,000 (inc. $99,000 Animal Control Fees)
Treasure Coast Wildlife Hospital - $45,749 / $45,749
Transparency needed – State and Federal legislators could learn from our County
When the Commission is considering the passage of a county ordinance, the public gets the opportunity to obtain a copy and to comment. Sometimes this may have happened sloppily, with changes on the fly at the last minute and too much consultation with some favored individuals, but overall it’s a reasonably transparent process. Commissioners are not even allowed to speak privately with one another according to state law. Almost everything is posted on the county website for all to see.
When you see what happens in Tallahassee , it can turn your stomach. A couple of state legislators can meet with a lobbyist with no one being the wiser – a legal conspiracy. The Legislature has made sure that the Public Records laws and Government in the Sunshine laws do not apply to them.
Reporter Steve Bousquet tells this unsavory tale in the Miami Herald: “State lawmakers are back at the Capitol for the first time in months, and some are using the opportunity to engage in a favorite pastime: collecting campaign checks from lobbyists and their clients. Legislators are prohibited from soliciting or accepting campaign money during the regular 60-day session each spring, which makes occasional gatherings for committee meetings a fertile time for fundraising. Though lobbyists complain privately of being flooded with faxes and e-mails to attend ‘receptions,' many keep writing checks.”
In Washington , D.C. , lack of transparency is even worse. When Republican congressmen try to get massive healthcare bills posted on the internet 72 hours before consideration, the Democratic majority says NO. They do not want the people to see the proposed laws. Then there are the earmarks quietly slipped in. Young staff assistants are hurriedly writing technical provisions, introduced literally in the middle of the night, that become the law of the land. Get me a barf bag!
AN APPROPRIATE QUOTE: “Laws are like sausages. It is better not to see them being made.” – Attributed to Otto von Bismarck, but more likely first said by an unnamed member of the Illinois state legislature in 1898.
Hearing for hunting camp
The application by J&R Outfitters to allow hunting and fishing camps in ag land has drawn objections to canned hunting from around the country in what appears to be an organized cut-and-paste email campaign targeting commissioners. According to Senior Assistant County Attorney Krista A. Storey:
“The first BCC public hearing for consideration of the amendment to Article 3, LDR regarding fishing and hunting camps will be scheduled for November 3, 2009. Because the ordinance proposes a change to the list of permitted uses within a zoning district category, Section 125.66(4)(b), Florida Statutes, requires a second public hearing. Because the second public hearing shall be held at least 10 days after the first public hearing, the second BCC public hearing will be scheduled for November 17, 2009.”
Life’s a beach
Nature’s erosion has devastated our beloved Bathtub Beach , so it has been closed. It is hoped that natural replenishment will allow it to be re-opened in the spring. If you want to see what it looks like, visit the county website to see webcam pix:
http://www.evsmartin.com/bathtub/
There are 11 other county beaches that are open.
An incisive observation
Comment concerning the need for Hometown Democracy Amendment 4:
“There are 300,000 empty houses in Florida . ’For Lease’ signs have replaced merchandise in storefront windows. Office vacancies are skyrocketing. The state's population is declining for the first time since World War II. Yet there are requests pending to build more than 600,000 more homes, along with millions more square feet of commercial space.
“We've had more than 30 years of environmental regulations and growth-management laws. Look around and see how well that's working for us.” – Orlando Sentinel writer Mike Thomas.
The protection of slow growth
Fast-growth St. Lucie County has 193% as much population as slow-growth Martin County . St. Lucie has 407% as many foreclosures for Jan.-Aug. 2009 (5,619) as Martin (1,381).
Quotable quote
“There is usually only a limited amount of damage that can be done by dull or stupid people. For creating a truly monumental disaster, you need people with high IQs.” – Writer Thomas Sowell
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 10/9/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . Al l rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: Al l correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website:
The Martin County
Defender
The e-newsletter for aware citizens – No. 130
An illuminating interview
ON 10/10/09, WE INTERVIEWED LESLEY BLACKNER, CO-AUTHOR OF FLORIDA HOMETOWN DEMOCRACY AMENDMENT 4, WHICH WILL APPEAR ON THE 2010 BALLOT
Defender: Would you please summarize what Amendment 4 does?
Blackner: This grassroots Amendment to the State Constitution simply requires that when city and county commissions want to change the land use provisions in their Comprehensive Plans, residents get the opportunity to approve or disapprove. Opponents with vested financial interests do not tell the truth about Amendment 4. You can go to our new website (www.floridahometowndemocracy.com) for the correct details.
Defender: Giving voters a choice seems reasonable, so why do many developer and business organizations oppose it?
Blackner: For many years, those people used their money and connections to influence commissions to gain a free hand to build, build, build. They do not want to be subject to the will of residents who care about their communities.
Defender: Isn’t that just healthy growth?
Blackner: Look around you. Tens of thousands of foreclosures, plunging home values, record high unemployment, a flood of business failures – all triggered by the collapse of the over-development bubble. That’s not healthy.
Defender: How will Amendment 4 prevent that?
Blackner: Unlike developers, who are hungry for money, and politicians anxious about re-election, residents are interested in protecting their home values. They want to preserve their quality of life. Amendment 4 allows citizens to decide if land use changes are beneficial. This will prevent irresponsible development abuses. Collectively, residents are much wiser than developers and politicians.
Defender: Won’t slower growth reduce jobs and increase taxes?
Blackner: Just the opposite. Amendment 4 offers stability. It will support steady jobs by avoiding boom and bust over-supply and layoffs. There are already enough approved building sites to last for several decades. So far as taxes go, study after study has shown that infrastructure costs exceed tax revenue from residential development. So Amendment 4 will prevent growth-induced tax increases.
Defender: May I ask a somewhat personal question? Organizations like the Florida Chamber of Commerce and their allies spent millions in their unsuccessful effort to keep Amendment 4 off the ballot. They are ready to spend millions more to try to defeat Amendment 4. That seems like following the understandable principle that one needs to spend money to make money. I understand that you have spent much of your own savings in fighting for Amendment 4. What will you get out of it personally?
Blackner: I have children. Someday I hope to have grandchildren. I want them, and everyone’s children, to grow up and live a decent life in a state that offers a desirable environment, both physically and economically. Destructive over-development must be controlled by the people living here. Amendment 4 is the only means for achieving that goal. That is all I hope to get out of it.
Defender: Thank you.
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MARK THIS DATE:
Blackner and Reed to speak on Oct. 26
On Monday. 10/26/09 at 6:30 pm, two extraordinary people will speak at the Blake Library in Stuart. The indomitable Lesley Blackner, President of Florida hometown Democracy, will bring us up-to-date on Amendment 4.
Highly regarded Nathaniel Reed, a leading environmentalist and Chairman Emeritus of 1000 Friends of Florida, will provide us with valuable insights.
DON’T MISS IT!
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Public employee pay – it’s a scandal
What is a “sick day”? The reasonable view would be that it’s an allowance. If one is sick and misses work, the employee’s pay is not docked. In practice, it’s more like a vacation day. If one does not use it, the sick days are lumped in with vacation days, accumulated and paid for. It’s a PTO – Paid Time Off. A Martin County employee can bank 600 hours of paid time off. It costs Martin taxpayers a half million dollars annually. About $5 million of banked time is sitting there now, waiting for the county to “buy it.”
This is part of a wider national problem: Public employee pay has risen rapidly past that of private employees. Average federal salaries are over $29,000 higher than private salaries ($79,197 vs. $49,935) Add benefits, and total compensation is double for feds ($119,982 vs. $59,908).
State and local governments follow a similar pattern. Public employee hourly rate is $25.30, 33% higher than the private $19. Throw in pensions and benefits and the gap widens to 42%.
Martin’s administration and commission are now – at last, thankfully - confronting this problem, though very gingerly. They may cut banked time off from 600 to 400 hours. Non-union employees may feel the pinch first, but it would be outrageous if it did not also apply to the next union contracts. There may be a workshop on this subject, and one hopes that taxpayers, who foot the bill, will make their voices heard.
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Inflated expectations promote an industrial park that will ruin Martin County . Destructive potential is ignored
HYPE, PUFFERY, TALL TALES, BS, HOT AIR, BALONEY, PIPE DREAMS, WINDOW DRESSING AND MORE BS ABOUND
Interstate 95 Agricultural and Employment Center is a proposed industrial park to be built on 1,782 acres of Consolidated Citrus agricultural land near the junction of I-95 and SR-714. The project jeopardizes the fundamental anti-sprawl provisions of the Comprehensive Plan that has just undergone major revision. If a new land use category is approved by the Commision, it will not only allow this conversion of ag land to industrial, but tens of thousands of additional acres can also be converted.
Commission approval of this ag to industrial conversion would spell the end of the Urban Service Boundary, and spark the creation of an Industrial City . This project opens the floodgates to monstrous industrial parks scattered across western county. Goodbye to the Martin County we have known and loved.
Compared to the destructive potential of this Consolidated Citrus Industrial Park , the Valliere Rural Cluster Amendment is almost benign.
IRONY DEPARTMENT: Some of the same folks who have railed against the 20-acre rule for an ag land lot because it supposedly restrains the free movement of wildlife are the very ones who are enthusiastic about taking thousands of acres out of wildlife habitat in order to build factories. How do they spell hypocrisy?
CONFRONTING THE HYPE
Let’s take a closer look at some of the misleading claims being promoted by the landowner and some business leaders to justify this radical change in our Comp Plan.
The snake oil pitch – This project will bring 8,000 jobs. That’s why “employment” is part of the name.
The hard facts – Wow! 8,000 jobs would cure our current unemployment situation. But wait – that number is expected in 30 years. That’s THIRTY years. Perhaps the industrial park boosters would like to throw out a pie-in-the-sky number for 100 years from now.
The snake oil pitch – Agriculture will not be eliminated. For now part of the land will retain some orchards.
The hard facts – These nature protectors neglect to mention that having some agriculture entitles them to the negligible property tax rate for ag land – even when cashing in on land rezoned to allow industrial. [See DEFENDER No. 120, published prior to the Consolidated announcement, for the report: “EXPOSED! The hidden reason developers want to build on ag land.”]
The snake oil pitch – This change in land use rules is needed because we do not have enough industrial zoned land in the county.
The hard facts – There are thousands of acres of unused land within the Urban Services Boundary that are zoned industrial. There is even industrial land not that far east of the proposed project off SR-714. Of course, that land is not as cheap as ag land. Nor does appropriately zoned industrial land have the ultra low ag tax rate.
The snake oil pitch – This project can attract fabulous companies like Scripps and Torrey Pines.
The hard facts – We recall that it was millions of dollars of incentives, taken from the pockets of residents to lure such star power companies. This giveaway has provided pitifully few good jobs for locals. The cost per job is astronomical. Do the promoters want Martin citizens to shell out a fortune to fill this developer’s industrial park?
Corporate socialism note – Since 1995, Florida has put over $121 million (plus about 20% from localities) in the pockets of favorite companies deemed to be Qualified Target Industries.
QUESTIONS FOR THE ROAD AHEAD: How many more large ag landholders will opt for similar industrial conversions? Will the Commission majority become the hand puppets of development power brokers to allow such conversions? Will the Growth Management department be professional or political in its recommendation to the Commission? More than ever, don’t we need Amendment 4?
MARTIN COUNTY SUPPORTS ECONOMIC DEVELOPMENT: The county is doing a lot to increase the number of good paying jobs in our 55,000-person work force, and to grow our tax base. Impact fees have been slashed. Staff review time cut 42%. Approved applications extended for three years. A Small Business Bill of Rights is in the works. Rules are being eased in Community Development Areas. The Business Development Board budget has been doubled. Companies have been helped to move and expand here. Publicly owned sites are being directed toward economic development.
Yes, we want industrial/commercial companies, but we want them on land appropriately zoned for them, as visioned in our Comprehensive Plans.
NOTHING IN OUR ECONOMIC DEVELOPMENT PLANS DICTATES THE MASSIVE CONVERSION OF AG LAND TO INDUSTRIAL!
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Congress prefers stimulus to payroll tax cuts
PROJECTED 9/09 UNEMPLOYMENT WITH $780 BILLION STIMULUS – 7.7%
PROJECTED 9/09 UNEMPLOYMENT WITHOUT $780 BILLION STIMULUS – 8.8%
ACTUAL 9/09 UNEMPLOYMENT WITH $780 BILLION STIMULUS – 9.8%
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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to: mcdefender@gmail.com
Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 10/15/09
The Martin County Defender is published and Copyright 2009 by WordsmithAmerica, Box 1828 , Palm City , FL 34991 . Al l rights reserved. No part of this issue may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying and recording for public or private use, or by any information storage or retrieval system, without the prior written permission of the publisher. NOTICE: Al l correspondence not bearing legal copyright notice which is sent to the Defender or its editor is subject to being edited and published.
All previous issues of the Defender are archived at our website: