Sailfish City - Stuart Florida Community Site

It’s almost time for lobster mini-season to begin - it starts this Wednesday, July 30th at 12:01 AM and goes until midnight on the 31st of July (Thursday for those of you not paying attention).  If you are planning on doing any tank diving, I hope you have your equipment already ready to go, the line for visual inspections is out the door in most places and you have a good chance on not making it in time if you aren’t already in line.

The limit for mini-season in Martin County is 12 lobsters per person per day in the water.  On land it is 12 the first day and 24 the second.  Only people who carry a valid salt water fishing license with a crawfish stamp are allowed to harvest lobster.  The bag limit only counts officially to those people harvesting lobster, in other words you cannot have a non-diver get a license and have someone else harvest lobster for them.  I can’t tell you how many times I’ve seen parents take their young children on the boats and get them licensed and catch extra for them.  Just last year, I was talking to an officer from Florida Fish and Game as he was inspecting a boat.  They had 24 lobster and it was a man and his young son.  The son was licensed and the officer asked the boy, “How many lobster did you catch?”.  The boy answered honestly, unfortunately for the dad.  Don’t know what happened to him, I was to busy cracking up at the honesty of children.

If you go, be smart and dive safe.  Don’t dive alone!  Use the buddy system and make sure you check your equipment BEFORE you get on the boat.  And don’t forget your dive flag.

21^st Annual of Dancin’ in the Street is just around the corner!

What:               Stuart Main Street has had twenty great years of Dancin’ in the Street and is looking forward to another 20 with this year’s 21^st celebration.   Save the date, mark your calendar for Saturday August 23 for an evening of great entertainment, music and dancing.  A success for many years, Dancin’ in the Street has brought thousands upon thousands of Treasure Coast residents and visitors to Stuarts charming and historic downtown area to experience all the fabulous shopping, fine dining and entertainment that this unique riverfront district has to offer.  The Treasure Coast’s largest music festival only happens once a year and should not be missed.

                        This big summer event tradition is a family affair featuring seven musical stages and over five straight hours of great music, food and children’s entertainment.          The Kidz Zone will once again be along SW Flagler Avenue and will feature live entertainment by Brother Judah, rides, clowns, face painting and pony rides.

                        Unlike many other events and attractions today, Stuart Main Street will not be raising the price of admission and will keep the cost of admission the same as it has been for many years, $10 for adults and children under 12 are FREE. All proceeds go to Stuart Main Street and its programs. No one under the age of 21 will be admitted without an adult or guardian.

When:              Saturday August 23 2008

§  Gates open at 6 p.m. and close at midnight

Where:             Historic Downtown Stuart

The event itself takes place on SW Flagler Street and Osceola Street between St. Lucie Street and Colorado Avenue.

§  Gate one is located at the intersection of SW Flagler Avenue and Confusion Corner

§  Gate two is located at the intersection of St. Lucie Street and SW Flagler Avenue by Sailfish Circle

§  Gate three is located at the intersection of Colorado Street and Seminole Street

§  Gate four is located on Osceola Street between Haney Circle and Denver Ave

Who:                Stuart Main Street, a 501 C3 not for profit organization is dedicated to improving the appearance and economic stability of historic downtown Stuart. Their mission is to create and market a positive image of downtown through special events, retail sales, effective advertising and public relations often working with the public, private sector and community leaders to develop and coordinate resources to downtown Stuart’s success.

Public Info:      For more information regarding Dancin’ in the Street or Stuart Main Street, please contact Bernie Malone at Stuart Main Street, 772-286-2848 or Jim Chrulski at 772-288-5383.

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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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