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Now that the commission has repealed their amendment to avoid having a judge or state agency repeal it for them, the 32-page transcript has become public record.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

+++++
•••NO MORE 2004•••

+++++

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

You probably heard about some of the laws going into effect as of today - most of the ones making the headlines are the FCAT changes and the new gun laws.  There are plenty of others and in my opinion almost all of them are good changes.  No, I don’t beleive this is government once again poking it’s nose where it doesn’t belong.  These are changes that will for the most part be for the good of the people and (I believe anyway) will be what most people will would want to see changed.  All these laws benefit us.

We’ll start with the hot topic, the gun law.  It’s now legal to have a gun in your vehicle at work.  This could probably be the most debated but I don’t see how this is going to change much.  I’ve always believed personally in the right to bear arms and if you took away that right then the criminals would be the only ones armed.  If you are worried now that someone is going to go postal and come into work with a gun - what was stopping them before?  You think a law against it was keeping them at bay?  No.

FCAT laws are changing, at least for high schools at the moment and becoming less of a factor when grading the school.  Graduation rates and participation in advanced classes will be more of a factor when determining how a school is performing.  Elementary and middle school FCAT rules are staying the same for the moment, but if the laws effecting the high schools have a major positive impact I’m the the rest of the school system won’t be far behind.  They are also pushing the FCAT’s back a month to give students more time to study.

Traffic fines for speeding are going up by $17.50 or more from the Florida Highway Patrol.  And now all non-criminal traffic fines can be paid off through community service if you don’t have enough cash to pay the fine.  Most folks will pay the fine to avoid the aggrevation but at least it’s a good alternative for folks who don’t have much extra money on hand.

Two of my favorite laws are the drunken driving and the grow house laws.  Both of which are problems in surrounding areas on the Treasure Coast.  First, the drunken driving fines are doubling across the board from first time offender on up.  What’s more the fines will go up even more if you have a blood alcohol level of .20 or more.  The legal limit right now is .08.  The grow house laws have changed to reduce the number of pot plants required to be considered a grow house from 300 down to only 25.  It is a second-degree felony to operate a grow house and a third-degree felony is you lease or rent the house to someone knowing they are using it for that purpose.

The one change I wasn’t real big on was the changes to the State song.  Basically they are taking the song and doing some edits to make it more politically correct.  I’m not a politician, I’m just your average Joe - so I’ve never been a big fan of politically correctness.  If it offends someone, they’ll get over it in my opinion.  Or they won’t, either way doesn’t bother me much.  Then again I’m not easily offended.

For more info on the rest of the laws changing check out the story over at TCPalm.

Martin County Consensus

Box 1828, Palm City, FL 34991

martin.county.consensus@fast-mail.org 

To promote the free exchange of ideas and opinions 

*****

Commission Candidate Q&A

Voters should know where the candidates stand on important issues. So first, Consensus surveyed 1,600 residents to learn the most important questions they would like to ask candidates for Martin County Commissioner. 

We compiled the replies, and sent the questionnaire to the candidates. Reply length was limited to an average of about 50 words to keep the project manageable. Candidates who have sensible answers, and are willing to share them in print with the public, are returning the questionnaires. 

As candidate answers are received, we will send you copies, with answers underlined. [SEE BELOW.] You may wish to save them for later reference and comparison. 

Yours for an informed electorate, 

Al Forman   6/21/08

*****

COMMISSION CANDIDATE REPLIES:

Previously distributed

Martha Bennett - District 3
Ian Pollack - District 5

Presented below

Henry Copeland – District 1
John Hockey – District 5

*****

Reply from Henry Copeland
Republican Candidate, Martin County Commission, District 1 

What is your view of growth, including both rural development and urban infill? 

Apart from compliant ranchettes on western agricultural lands, growth should occur largely within the urban services boundaries. Existing neighbors will and should take a keen interest as projects are proposed. Infill projects are inevitable and ongoing dialog is essential to prevent overreaching and ensure compatibility with existing development. 

What is your view of changes to the Comprehensive Plan and Urban Services Boundary?

Our Comp Plan provides robust planning rules to balance private property rights with policies to ensure residents’ continuing high quality of life. Urban services boundaries define perimeters within which we have enough undeveloped land to efficiently satisfy growth requirements for the foreseeable future. Neither should be changed frequently or hastily.

How will you cut county spending and hold the line on taxes?

Leadership by example, strict all-inclusive budgeting and reprioritizing to live within our means. We need sweeping reduction of senior staff costs and streamlining reorganization with succession planning. We must examine reserves and capital spending “black boxes” to more publicly prioritize capital projects. Look under every rock – no sacred cows.

 
Do you support or oppose the Valliere Rural Cluster Amendment, and would you vote to rescind it?

I oppose the Land Protection Incentives Amendment and would vote to rescind it. If rescission is not feasible from a legal perspective (e.g., Bert Harris Act claims), then I would work aggressively to impose significant constraints, require detailed planning prerequisites and impose voting requirements beyond a simple majority of commissioners.

How will you maintain good traffic conditions, including the application of road concurrency?

Pay as we grow! I support impact fees that make growth pay for itself. We should resist expedient interim levels of service (LOS), reduced LOS and traffic concurrency exception areas. Road and bridge projects should be reprioritized to relieve traffic rather than expedite new growth, as is the current practice.

What is your vision of Martin County’s future, including buildout?

We are all caretakers of the County’s priceless natural and environmental treasures around which our predecessors built communities benefiting from our fine weather, ocean access, agricultural base and general location. As we degrade or consume these resources we lose Martin’s soul. The Comp Plan serves as guide to compatible buildout.

What should the county do about Witham Airport?

Safety is paramount; better planning and county control imperative. FAA agreements notwithstanding, we should openly and thoroughly discuss declared distances as a possible means of assuring maximum RPZ safety. Witham must be a safe, community friendly and financially sound general aviation facility for users, airport businesses and residents. 

What will you do to protect the environment?

CERP/IRL require more active advocacy, leadership, and support of the Plan Six flowway. Lobbying trips and photo ops, alone, are not enough. More informed advocacy; less footdragging from development and “Big Sugar” biases. I’ll enforce the Comp Plan, rescind/contain the Valliere Amendment and insist on only well-planned, self-funded reasonable growth.

 
Will you accept campaign contributions from developer-related interests?

I do not knowingly accept contributions from donors who regularly appear, or are likely to appear, before the BCC as applicant or advocate. I reject a “pay-to-play” system. Contributions from developers, “Big Sugar” and airport-related interests may be legal, but BCC impartiality leaves no room for any appearance of impropriety.

Do you feel obligated to carry out the wishes of constituents, including possible referenda?

I welcome resident interest and participation in local government, and Florida law requires commissioners to listen and respond to residents. I also reserve the right to apply my best judgment to decisions. I support recall capability of charter government, the Guardian amendment, Hometown Democracy and local referenda for big decisions.

What is your view of the Palm City/Indian Street bridge?

Stuart and Palm City traffic problems require solutions. I do not support the proposed bridge, but respect that it has been approved. It is largely unfunded, costs are rising, and the pending legal challenge may prove insurmountable. We should immediately consider more cost-effective alternatives, especially in view of competing priorities.

What will you do to improve the economy and bring good jobs to Martin County?

Government should focus on delivering services efficiently while encouraging the private sector. This requires better management, clearer direction, low taxes and priorities protecting residents, businesses and quality of life. All permitting should be handled without undue delay. Incentives must pass strict cost-benefit review and not burden residents or existing businesses.

What will you do to keep county employee salaries, especially fire/rescue, under control?

I will start by seeking significant reorganization of senior county staff, to lead by example. I’ll resist micro-managing, but will ask constitutional officers and all unions to help control costs better: Leaner management, efficient deployments, and yes, asking county employees to accept compensation restraint for the benefit of all taxpayers.

*****

Reply from John Hockey
Republican Candidate, Martin County Commission, District 5

What is my view of growth, including both rural development and urban infill?

To begin with, I would like to take this opportunity to thank Al Forman for giving the candidates the opportunity to express their respective views to this constituency.  Before we can begin any intelligent conversation regarding the issues related to Martin County, we need to define what growth actually is.  For the most part, we use the term synonymously in regards to residential development, industrial development and overall economic development.  But they are simply not the same thing.  I think it is a misnomer to talk about the “Browardization” of Martin County as I do not believe that any candidate is proposing this.  However, there are some clear distinctions between the various opponents regarding growth.  I do believe in the 1 unit per 20-acre rule for our rural lands; however, I am progressive in trying to increase the tax base through economic development.  I feel we could bring businesses to the area which would compromise neither the current urban service boundaries nor the comprehensive plan.

What is my view of changes to the Comprehensive Plan and Urban Service Boundary?

I believe in protecting our urban service boundaries and support the Comprehensive Growth Management Plan.  

How will I cut county spending and hold the line on taxes?

I think we need to elect qualified people to the County Commission.  We need people with management skills and an understanding of the infrastructure needs of our community.  There is nothing wrong with being a lifetime civil servant, but does it qualify you for making difficult decisions regarding taxes, personnel, and budgets?  I have the education and experience.  I have managed multi-million dollars budgets for one of the world’s largest and most successful companies.  I know how to manage people and budgets.  I believe in a two-pronged effort.  The first prong would be an across the board budget cut as directed by the respective departments.  Then, the second prong would be a surgical effort to prioritize those departments which have historically had significant increases over the last few years and make cuts in those departments. Holding the line on taxes is of utmost importance; however, any businessperson will tell you that you have to start working on spending and the revenue problem will begin to help itself.

Do you support or oppose the Valliere Rural Cluster Amendment and would you vote to rescind it?

I have been consistent in my opposition to this amendment and would vote to rescind it.

How will I maintain good traffic conditions, including the application of road concurrency?

I will probably be the only candidate that will answer this question in this manner, but, this is somewhat a silly question in that its only value is in polarizing people.  In reality, no candidate would actually be against good traffic conditions and road concurrency; I would not.  Again, it is about prioritization of the problems that we have to deal with and the funds we have available to solve those problems.  There is no free lunch!   

What is my vision of Martin County’s future, including buildout?

Let me start by saying what it is not: it is not residential sprawl; it is not an overabundance of vacant space; and finally, it is not what we have today. What it is will be a place in which my wife, two children, and I will continue to boat, fish and enjoy.  My measurement of success as a county commissioner will be reflected on a daily basis in the faces of our two children.  I have lived or worked in all but two of our nation, have worked on land planning issues all over our nation, and have the wisdom to apply these life experiences in the planning of Martin County.

What should the county do about Witham Field?

I will start by saying that it is already doing it. The issues are already all on the table, everybody understands the various factions, and it is simply a matter of reconciling and compromise of those factions.

What will you do to protect the environment?

Do all of the above.

Will I accept campaign contributions from developer-related interests?

No.

Do you feel obligated to carry out the wishes of constituents, including possible referenda?

I am a firm believer in representative government and its historical nature in the formation of our country.  Referenda have its place in the democratic process; however, as in the State of California, it is often abused by special interest groups.

What is my view of the Palm City/Indian Street Bridge?

This has been one of the most polarizing issues of this campaign.  Opponents of the bridge would like to suggest that there is some magical solution to our current traffic problems; however, I would suggest that this is more of an emotional response to their respective constituency than a position based on facts.  I am supporter of the Indian Street Bridge, and uniquely qualified in getting the job done.  When I worked for the IBM Corporation I gained experience in programming the construction of bridges.  The key now is funding.  Through leadership and lobbying, I fully intend to make this dream a reality.

What will I do to improve the economy and bring good jobs to Martin County?

I have always used the “green thumb” analogy to describe my position regarding this question.  The role of government is to provide the best soil possible—in which the individual has the opportunity to grow and prosper as unhindered as possible by government.  What has made our country great is its people—not its government.  I am in support of the current efforts taken by the commission in this area.

What will I do to keep county employee salaries, especially firefighters, under control?

Ironically, I have begun my own little study on the emergency services in Martin County and believe this is, or should be, a primary target in reducing our operating costs.  I do not advocate breaking current contracts; however, when the are due for renewal, I think that we should completely reexamine the process by which they are negotiated and how the various parties are represented.

*****