Sailfish City - Stuart Florida Community Site

Behind the closed doors of a Commission “Executive Session”

TRANSCRIPT REVEALS THEIR THOUGHTS ABOUT THE “BIOTECH BOONDOGLE”

Florida’s Sunshine Law (Statute 286.011) allows exemptions from the requirement that officials must meet openly in public. One such exemption permits Martin County commissioners to meet in private with County attorneys to obtain legal advice.

On Nov. 27, 2007, Commissioners Doug Smith, Lee Weberman, Michael DiTerlizzi, Susan Valliere and Sarah Heard met in executive session with County Administrator Duncan Ballantyne, County Attorney Stephen Frey, and Assistant County Attorney David Acton. Court reporter Deanne Morris prepared a verbatim transcript of this discussion, which was closed to the public.

The subject of the meeting was an amendment passed by the Commission and approved by the Department of Community Affairs (DCA). The focus was on highway interchange areas that had previously allowed for services just to transient motorists. The amendment provided for an overlay called the Exchange Oriented Research and Biotech (EORB) zone. In particular, the discussion centered around a legal challenge to the amendment filed by attorney Virginia Sherlock on behalf of Donna Melzer and (your editor) Al Forman.

Now that the commission has repealed their amendment to avoid having a judge or state agency repeal it for them, the 32-page transcript has become public record.

I initially spoke before the Commission against the EORB amendment when applicant Don Cuozzo of developer-planner Houston Cuozzo presented it. I did so because the amendment would set up an industrial spot zone far outside the Urban Service Boundary (USB), allowing risky biochemical manufacturing next to my residential community. This was reported in Defender Issue No. 4 of 4/5/07 in the article, “Case History – How commissioners and developers worked together to undermine the Comp Plan and foster industrial sprawl.”

I have woven my interpretive comments (in regular type) with those portions taken verbatim from the transcript and printed in underlined italics so readers can better understand the meaning of the transcript quotes below.

EORB ON SHAKY LEGAL GROUND

[ EDITOR’S NOTE: The EORB amendment was on shaky legal ground from the start, but the Commission majority plunged ahead with it. Because of our legal case, the Commission was facing a hearing by an Administrative Law Judge (ALJ) who would rule on our complaint. The ALJ could, in effect, throw out the amendment if he found that Melzer and Forman were legally right and the Commission wrong.]

MR. ACTON: The existing plan has some inconsistencies which I’m sure – fairly sure the administration hearing officer will not look favorably on and therefore we face a very real possibility in this case of having the Department’s [DCA] determination reversed. In fact, when this becomes evident to the Department, they may be the ones who are telling us they’re going to back off on their in-compliance finding — So we have a problem in prevailing in this hearing.

COMMISSIONER DEFERENCE TO WHAT THE DEVELOPER-APPLICANT WANTS

COMMISSIONER WEBERMAN: Refresh my memory. Wasn’t this originally a privately submitted comp plan amendment? — Has the applicant themselves been briefed on these facts?

MR. ACTON: Yes, they have.

COMMISSIONER WEBERMAN: Okay. Is it appropriate to ask what their sense is or is not – should it just be our decision?

MR. FRY: Yes. And the applicant’s opinion was that the County shouldn’t settle, that they don’t want to have to wait for the comprehensive plan amendment in order to be able to proceed with the use of the property or the expressway oriented easement.

[EDITOR’S NOTE] Though EORB was a privately submitted application rather than a County proposal, the County paid $5,000 in taxpayer dollars to re-do the inadequate privately sponsored traffic study.]

MISUSE OF COMPREHENSIVE PLAN “REVIEW”

[EDITOR’S NOTE: The legal thinking goes something like this: The EORB amendment is screwed up, but we can accomplish the same goal for the developer by doing a work-around “review” to jiggle the Comp Plan.]

MR. ACTON: What I’ve outlined for you is why I don’t want to have a hearing in this case if we can. It creates problems we don’t need to address right now, especially since you are in the process administratively of going through the review of the comprehensive plan….So we have a mechanism for addressing the problem in the very near future.

COMMISSIONER FAVORS INDUSTRY OVER PREVENTING POLLUTION

COMMISSIONER DITERLIZZI: Mr. Forman is clearly on record as saying I [he] don’t want those polluting businesses in my backyard. I’m sorry. I have a little different philosophy as far as bringing industry to market.

ONE COMMISSIONER IS WILLING TO SETTLE

[EDITOR’S NOTE: Complainants Melzer and Forman offered a reasonable settlement that would end the dispute and protect all citizens. The Commission ended up killing the amendment rather than giving the public more influence.]

MR. FRY: I personally didn’t get the impression that the Board is interested in settling on the terms that were provided.

COMMISSIONER HEARD: For the record, I think that we should accept the settlement agreement. I think that you’re just going to find yourself in more hot water than you want to be in. But that’s your discretion.”

[EDITOR’S QUERY FOR READERS: Do these transcript excerpts suggest that the commission majority is looking out more for the interests of developers or the interests of residents?]

A candidate interview video worth watching

On July 10. 2008, the Stuart News editorial board conducted a lengthy two-part interview with District 1 Republican commission candidates Doug Smith and Henry Copeland. The relaxed, conversational interview brought out the abilities and differences of these two articulate men. The contrast was dramatic.

It was very evident that one of the two had a far superior understanding of the issues, a clearer insight of what should be done, and a much better approach to making the Commission a more effective and responsive body. Irrespective of one’s political views, any reasonable person should recognize the significant difference between them, and conclude which would make a better commissioner. See for yourself. Go to:

http://www.tcpalm.com/videos/detail/martin-county-district-1-pt2/

Stuart News declines to endorse either Dem

It’s not very often that a newspaper refuses to endorse either of two candidates in a primary election, but that is what has happened in the District 1 County Commission race after the editors did research and conducted personal interviews.

On July 15, 2008, the Stuart News stated: “After meeting with Brent and Fullman, the editorial board of Scripps Treasure Coast Newspapers has decided not to endorse either of the Democratic candidates in the District 1 primary. Neither Brent or Fullman appears to possess the qualities required of a commissioner …. Neither candidate, at this point, is qualified to hold a position of this magnitude.””

Thumbs up for the editorial board having the guts to tell it like it is.

Update on Consensus, Inc.

Following up our exposé of the inner workings of the Martin County Consensus, Inc. in Defender Issue No. 55, readers have inquired about what that group has been doing. The concise answer is: Not very much.

My last involvement with their meetings was the one held in the Blake Library’s John F. Armstrong Wing on Dec. 3, 2007. I arranged for the speaker and did most of the promotion. We had a full house, wall to wall audience.

In March 2008, Consensus, Inc. sponsored a lunch which – to use their words – was “at an undisclosed location … by invitation only.”

On July 14, 2008. they were back at the Blake’s 250-seat Armstrong Wing. Consensus, Inc. promoted the meeting and its speaker in the newspaper and elsewhere. Only about 50 attendees showed up.

This decline in both public event frequency and attendance have come about under the Consensus, Inc.’s exclusionary leadership: President Bill Summers and recently resigned Chairman Tom Fullman, and their self-appointed board.

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•••NO MORE 2004•••

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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to:

mc-defender@comcast.net

Comments and requests to unsubscribe may be sent to this same address.
Al
Al Forman, Editor 7/19/08

The Martin County Defender is published and Copyright 2008 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.
–
Al Forman
mc_defender@fastmail.net

FORCE - Friends of The Rivers Coalition eNewsletter - JULY 2008
P.O Box 2627, Stuart, FL 34995 ~ 772-225-6849    www.RiversCoalition.org

Candidate Tom Rooney Endorses Flowway And Buyout of Big Sugar Property!

Congressional Candidate Tom Rooney (Republican, District 16) has strongly endorsed the flowway concept that could stop most of the discharges from Lake Okeechobee into the St. Lucie Canal and St. Lucie estuary in wet years..

In a position paper provided to the Rivers Coalition, Rooney states:

“As the first candidate to come out definitively for a flowway so discharges would stop coming through the St. Lucie River, I too am hopeful that the River of Grass may be on its way back. In a forum for the candidates, the Stuart News reported I was the only candidate who understood the Comprehensive Everglades Restoration Plan, while good, was not going to stop the discharges from the lake in the near term every year we have storms which threaten the dike. We have to have somewhere else to put that water ( the reservoirs north of the lake alone would not suffice). And now it looks like we will.”

“Moving forward, I will work hard as Congressman to make sure the mission of the Rivers Coalition is met. Although we have good news, the work now begins. I pledge to be your advocate in Washington in completing the mission.”

More information about Rooney is available at tomrooney.com

Rivers Coalition Resolution Supports Plan For Sugarland Purchase To Protect Estuary!

Citing extreme damages to the St. Lucie estuary due to discharges from Lake Okeechobee, the Rivers Coalition has adopted a powerful resolution in support of the state’s plan to buy 187,000 acres of sugar farms from U.S. Sugar Corp.

The resolution reviews a government history of failure to protect the estuaries and warns that current projects and programs will continue to pollute and degrade the environment.

“The proposed public purchase of U.S. Sugar would make enough land available to create the necessary water storage, cleansing and flow capacity south from Lake O to the Everglades,” according to the resolution which resolves:

“The Rivers Coalition strongly supports purchase of U.S. Sugar and conversion of its 187,000 acres of farmland to environmental restoration projects that will restore wetlands, increase the water supply for the Everglades, improve safety for residents of the EAA by enabling a substantial southern outlet between Lake and Everglades, improve Lake health, and better protect the Estuaries from damaging Lake releases.”

What’s Going on at the Next Meeting?

Thursday July 24, 2008
11AM
Realtor Association of Martin County
43 SW Monterey Road, Stuart
Corner of Monterey Road and Kanner Highway

Business Matters
Chairman’s Comments - Leon Abood
Land Acquisition - Leon Abood
Special Program - Leon Abood
“Saving Our St. Lucie Estuary” DVD Ready for Public Viewings”
Legal Update - Karl Wickstrom
Special Events - Jessica Briske
Fundraising - Karl Wickstrom 
WRAC - Ted Guy/Ed Fielding

Coalition Committee Reports
Water Quality - Mark Perry
Local Issues - Mark Perry/Ed Fielding
State/Federal Issues - Kevin Henderson/Paul Gray
IRL/CERP - Kevin Henderson/Paul Gray
Martin County Updates - Paul Millar

PLENTY OF FREE PARKING! DONUTS AND COFFEE! 

“Saving Our St. Lucie Estuary” DVD Ready for Public Viewings!

“Saving Our St. Lucie Estuary” is a hard-hitting documentary that focuses on damages to the estuary caused by discharges from Lake Okeechobee and what can be done to stop them from inundating the waters in wet years. opies of the DVD are available for showing to RC member groups and civic organizations. The Rivers Coalition Defense Fund also intends to show the presentation to as many government officials as possible. 

The showing calls for increased citizen support of the campaign to stop the discharges, which includes a current lawsuit against the U.S. Army Corps of Engineers and advocacy on local, state and federal levels.

Get your name on the Honor Roll!

Don’t forget to donate today and get your name on the honor roll.

Go to www.RiversCoalition.org to donate.

The Rivers Coalition is a non profit 501c3 organization.

The Martin County

  Defender

The e-newsletter for aware citizens – No. 62

District 81 primary for state representative

IT MATTERS BECAUSE LEGISLATORS TOO OFTEN THWART THE WILL OF RESIDENTS IN ORDER TO BENEFIT THEIR PAY-TO-PLAY SUPPORTERS

State Representative District 81 is shaped like a Gerrymandersaurus. The neck starts in Indiantown, the head is in Port St. Lucie, the nose is at Jensen Beach and Sewall’s Point, and the open jaw is at I-95 west of Palm City.

Stuart down to Tequesta and west are in uncontested District 82. It has no primary for Democrat Catherine Hilton and incumbent Republican William Snyder.

However, in District 81 both Republicans and Democrats face primaries. Here is a quick once-over of the candidates in District 81.

Republicans

Michael DiTerlizzi is the heavy favorite here …. unfortunately. He has name recognition and a campaign chest overflowing with large donations, totaling over $54,000 as of 3/31/08. His dominant contributors are from the real estate and development sector, plus attorneys who have appeared before him when he was sitting as a commissioner. The attorneys plead for zoning and Comp Plan changes to benefit their clients, and DiTerlizzi has usually been agreeable. The State House of Representatives is loaded with such reps (eg., they turned down DCA Secretary Tom Pelham’s plea for even a minimal Citizen’s Bill of Rights because the developer-business interests did not want it). Do we need to send one more of that brand to Tallahassee?

Jeff Gorman has a campaign bank account as thin as a supermodel. He does not answer written questions, so we don’t know much about him.

Danny “Dr. J” Jazarevic is a surgeon living in Stuart. He has a highly respected history of army and public service. Unfortunately he has a thin campaign bank account at this date. Still he is a better candidate than DiTerlizzi.

Democrats

Bill Ramos, a Jensen Beach resident who works in Martin County, is the people’s candidate. He ran previously for state rep, and lost, but not by much. His campaign treasury of about $9,000 as of 3/31/08 is made up almost entirely of small contributions, typically $10 or $50, from ordinary local citizens - not the smart money boys. People are anxious to have their voices heard in Tallahassee, heard over the deafening whispers of overpaid lobbyists.  Ramos deserves our votes.

Adam Fetterman, a politically well-connected personal injury lawyer, is the lawyer’s candidate. Much of the more than $72,000 contributed to his campaign by 3/31/08  has come from other lawyers in $500 gobs, very little of it from Martin County. Big bucks from Palm Beach and Broward Counties. He lists his address as Port St. Lucie to qualify in District 81, but an online address search indicates he really lives in Palm Beach County. Lawyer-representative inspired liability and other laws often burden ordinary citizens and businesses. Let’s not add to that mess by sending Fetterman to the legislature.

Green Party candidate Kristina Wright is also running. FYI: Presidential candidate of the Green Party is expected to be hatred-filled former US rep Cynthia McKinney.

NOTE: The next candidate campaign report, covering contributions to 7/18/08, is due on 7/25/08.

Party change deadline is approaching

July 28 is the last day to change your party affiliation in order to vote in the primary. In DEFENDER Issues 60 and 61, we showed how easy it is to switch temporarily from Independent or Democrat to Republican. It’s worth doing for this primary election.  Any voting questions, call the Supervisor of Elections at (772) 288-5637. They are very helpful. It’s not that I don’t like Democrats - on the contrary I plan to vote for Democrats Bill Ramos and Martha Bennett in the general election.

However, one Republican candidate in Commission District 1 (Henry Copeland) and one in District 5 (Ian Pollack) have the best chance to win against developer-funded opponents. They have the widest backing. Their victories would get the Commission off the bad track of eroding our wonderful Comp Plan, allowing monstrous warehouses next to homes, and promoting rural clustering to benefit developers and large landowners, while citizens pick up the extra infrastructure tax burden.

Victories by Copeland and Pollack will allow county government to focus on quality of life issues that affect all residents. Let’s not split the good-guy vote as we did so self-destructively four years ago. This is a subtle hint to two good, but not likely to win, candidates: Hockey and Born.

• NO MORE 2004

Economic times are not good, but  panic giveaways will make the problem worse

Many folks have been hard hit by the economic slowdown, including a home foreclosure and declining businesses owned by people close to me. It’s a painful national problem. One little county can not turn it around instantly any more than one person on a beach can hold back the tide. Certainly shifting the financial burden to present residents to bring in new business is not the answer. And giving away the protections that have made Martin County such a desirable place to live is surely not a solution.

Shouting jobs-jobs-jobs as justification to Browardize Martin is worse than foolish. Developer-influenced Commissioner Michael DiTerlizzi has even stated on the record that jobs are more important than pollution! Cough cough. This is a time that slow-growth and fast-growth advocates should be working together cooperatively to help present residents and businesses, while preserving our quality of life.

CRITICIZING MARTIN’S ECONOMY IS BS

It is tempting to some to make it sound like Martin County is a basket case in order  to convince us that we should adopt changes that benefit their own self interest. Don’t be misled. Martin County has the highest wages in Florida for counties our size, and the highest on the Treasure Coast. We have lower unemployment (5.6%) than St. Lucie County (7.6%) and Indian River County (7.2%). We have one of the best school systems in the entire state. Our crime rate is low, and western sprawl has (so far) been avoided.

Furthermore, manufacturing jobs in Martin are higher, as a percentage of all jobs, than St. Lucie and Palm Beach Counties, as well as higher than the state average. And our tax millage rate of 13.5892 is a better business attractor than the 19.2848 in fast-growth St. Lucie County (plus 4.2625 for the City of Port St. Lucie - for a total 23.5473 that is 73% higher than Martin County).

The clincher is the recent finding by business-oriented Forbes magazine, which studied every county in the U.S. with more than 65,000 population. It found that Martin County is the 11^th best county in the nation to raise a family!  The only other Florida county to be listed is Sarasota in19th place. Why the heck would some people want to change our growth/economic model from one of the best in the nation? Well maybe we do know why. Wink wink.

So it would be wise to ignore those who badmouth Martin’s economy for their own purposes. Instead of pushing a selfish agenda of change, let’s come together in a constructive way to find how we can do, at least something, to make matters better without ruining our future.

3 commissioners drive down home values

Rocky Point resident Jay Honan reports that a potential homebuyer in Connecticut wants to speak to him about the effect of a giant Hinckley warehouse to be built next to neighborhood homes. Will this drive down those home sale prices? You can bet the farm it will. We can thank Commissioners Smith, DiTerlizzi and Weberman for this financial disaster. They voted to approve the warehouse even though a mountain of evidence showed that they shouldn’t. Why did they do so? You get one gue$$.

IT’S ABOUT ETHICS AND BUILDER-DEVELOPER CAMPAIGN CONTRIBUTIONS

Can we learn from another county?

Loudon County, VA supervisors have voted overwhelmingly to bar themselves from accepting campaign contributions from builders and others with proposals before their board. It is part of a broad effort to restore public confidence in a body that some have viewed as too close to the development community, according to a Washington Post report.

Loudon Supervisor Lori Waters (R) said it was a necessary step even though it would put incumbents at a disadvantage when running for reelection against challengers without such limitations.

All in favor of such a rule for Martin County, please raise your hands.

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For a free subscription to The Martin County Defender, send request with “Subscribe” in the subject line to:

mc-defender@comcast.net

Comments and requests to unsubscribe may be sent to this same address.

Al

Al Forman, Editor                                  7/14/08

The Martin County Defender is published and Copyright 2008 by WordsmithAmerica,

. 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.

--

  Al Forman

  mc_defender@fastmail.net