CITY COMMISSION/CRA/CRB MEETING APRIL 24, 2023
The city commission authorized the city manager to sign a contract to buy the Willie Gary Property on MLK for $1.6 million. The CRA (I am a member) authorized the city manager to spend up to $50,000 to perform due diligence on the site that includes an old gas station.
If the sale goes through, then the city is contracting with Indian River State College to build a Stuart Training and Entrepreneur Center which will include teaching trades to adults. Locating it in the East Stuart neighborhood, the center will be where many residents can walk to attend. The funds are being secured by a grant from the state.
That plaza has been an eyesore for more than a decade. Once the Speedy Mart closed, there was no economic activity though the NAACP has their local office located on the premises. The college is expected to sign a long-term lease.
The vote of the commission to authorize signing the contract was 5-0. The vote to expend the $50,000 in CRA funding for the due diligence was 6-0 with one member absent.
CITY COMMISSION MEETING APRIL 24, 2023
For well over a decade, the health of the St. Lucie River has periodically been the reason that has propelled the city to be in a crisis mode.
A column by TC Palm’s Ed Killer is the impetus this time along with the fact that if Mortell becomes the city manager, there will need to be a new city attorney. In addition, there are two new commissioners. Though there are currently no discharges spewing anything into the river, it doesn’t really matter. If you can stir the pot and new commissioners are eager to think they can be the hero that slew the dragon a/k/a The Army Corps of Engineers.
Relations with the Corps have come a long way, most of it due to former Commissioner Merritt Matheson, county employee, Ecosystem Restoration and Management Manager John Maehl and SFWMD Board Member Jacqui Thurlow-Lippisch. They took the time to speak with patience and respect. While the Corps is not going to roll over and not do what they believe is best for carrying out their entire mission, at least they listen… for now.
When Matheson was first elected, he came under the spell of a handful of people that could only think of suing the Corps as if they could possibly win. But in a relatively short time, he saw that was an impossible approach given Stuart’s lack of standing to sue and the millions of dollars it would take to do so.
Campbell Rich at first was mesmerized by the siren call of the lawsuit but then speaking not only to staff but other environmental groups, he understood how fruitless that approach would be. Now he has taken up Matheson’s mantle and is working with the Corps, the county, environmental groups, and others to try and cut the best deals possible.
Unfortunately, Chris Collins has not learned that once elected, you need to govern and not continue the campaign. His desire to plunge Stuart into a war that is unwinnable doesn’t matter to him. Collins is rather naïve in his understanding of his responsibilities to the taxpayers of Stuart.
What he says at every meeting during comments is he wants to hire a city attorney who will pursue federal lawsuits against the Corps. Just believing this is a good strategy shows his naiveté. Not only doesn’t he understand the law…he doesn’t have any idea what a city attorney does.
Stuart’s City Attorney, Mike Mortell, happens to be a civil litigator. For the past decade while still doing most of Stuart’s litigation, he also had to render legal opinions on the day-to-day operation of government. He didn’t come unprepared for this task since he had been involved in Stuart for years as a board member, commissioner, and mayor.
Mortell further has acquired valuable expertise on land use, zoning, and codes. He would be the first to tell you that environmental law is not his specialty. An environmental lawyer could not, in all probability, perform most of the day-to-day functions of a city attorney.
Virtually any attorney who has ever tried a case would advise that Stuart does not have “standing” to even bring a lawsuit against the Corps. To have standing, Stuart would need to show that it suffered damages of some sort. What are Stuart’s damages that might have been caused by any discharges? Florida is the owner of the waters and riverbed. Regulation of the waterway by law rests with the EPA, SFWMD and the Corps. Even the land by the shore that people use to build docks is managed by the EPA’s Division of State Lands. Stuart owns nothing.
A lawsuit filed years ago by individual landowners was dismissed by the courts for timeliness and standing. The proof Stuart does not have standing (or for that matter can show any damages) is that no law firm of any sort has ever approached the city to take the case on a contingency basis. If the city is willing to pay a few million, then they could hire a firm to bring suit. Though any reputable firm would make sure that the client understood that it would be fruitless.
The idea that a single attorney (who if he were truly a top-notch environmental litigator would not be making a city attorney’s salary) and a paralegal could possibly take on the Corps and the thousands of lawyers they would have, is again naïve. And to think that court filings would get the Corps to sit down shows that those advocating such a position have never been slammed with subpoenas to produce millions of pages of records and requests for depositions.
Stuart has already been deprived of funding in the amount of $500,000 for sewer conversion because of impolitic Facebook posts. Now the same commissioner wants to show how tough he is by going toe to toe with the Feds.
In a 4-1 vote, the commission gave the city manager authorization to negotiate a lease with a car wash for the two-acre parcel on Federal Highway next to the Haney Creek Preserve. If a triple net lease is signed, the several million dollars in rent will be used to fund the upkeep of the preserve.
The 2011 referendum which was approved by 76% of the voters included the requirement that the parcel pay for the upkeep. All the commissioners want the 2011 outcome to stand, but Collins feels another referendum is warranted since Stuart has changed so much in the past decade as he mentioned repeatedly during the meeting.
He wouldn’t let other commissioners speak and kept interrupting them. Finally, Mayor McDonald suspended further discussion, and a vote was taken. The vote was 4-1 with Collins voting no.
Once each commissioner has expressed an opinion, it is time to take a vote and move on. As an example, at a CRA meeting last month I was against spending $40,000 on an enhanced parking enforcement tool. In this case, Collins and I agreed on the issue. I said what I thought and then cast my vote.
I knew I did not have the votes to prevail. You cannot change another board member’s mind by saying the same thing over and over. In fact, it usually just makes the other party dig in. In this instance Collins and I were outvoted 5-2 Commissioner Collins needs to learn when to move on.
COMMISSION MEETING MAY 8, 2023
It is no secret that the members of the city commission are not in synch with each other.
Since Commissioner Collins has been sworn in, the level of civility on the commission is different from what it had been previously. It isn’t about whether they agree on the issues, it is how they respect their fellow colleagues in the meeting. By that measurement, there has been a near total collapse.
Campbell Rich, who came on the commission the same time as Collins, agreed with Collins on many issues such as development, but Rich had a different way of assimilating as a member of that body. While Collins believes he can brow-beat his fellow commissioners to agreeing, Rich states his position and then moves on. It took Rich a couple of meetings to meld with the others, but he has.
Rich at the last meeting made remarks touching on this point. The following are those remarks:
I was both disappointed and encouraged over the last two weeks with
peoples’ response to the misconduct on display at our last meeting.
Disappointed that a clear lack of decorum took place, but encouraged
that so many people care and that they expect more of us. As well they
should.
A little refresher on Roberts Rules of Order is called for. In the City’s
Ordinances, Sec 2-54 under Parliamentary Rules it states simply that,
The City Commission shall follow Roberts’ Rules of Order for the
conduct of its meeting.’ That’s it. No changes, accommodations or
amendments. I understand the desire to sometimes run a more informal
meeting, but that has led us to where we ended up last week. An inch has
been given, but a mile has been taken.
The number one rule is the Chair controls the floor. Not the one who
yells the loudest or is the pushiest, it is the Chair. And no member may
speak until recognized by the Chair.
Also, no member may speak more than twice to each motion. This rule
has been laxly enforced, but Mr. Mayor, I would suggest we adhere to
this more strictly going forward. Also, Commissioners should be
recognized in Order with no Commissioner allowed to speak twice on a
motion before all others who wish to speak on a matter have been heard
from.
We are a deliberative body. We have to be concerned with the rights of
each member to be heard but also with the obligation of the Commission
to make a decision and move on. As the Mayor so eloquently put it, “you
win some, you lose some.” This can only be done if we all agree on a
procedure that maintains decorum and ensures courtesy for all.
But we shouldn’t view this as a means just to, ‘keep order’. Rather it is
an opportunity to demonstrate that our discussions can proceed
smoothly, fairly and respectfully even when decisions are contentious
ones. That we can provide all parties a full opportunity to present their
case. And that when the vote is cast, we must gracefully accept that
decision and recognize the action as that of the entire commission.
That’s the basis of any democracy.
Very well put commissioner.
The meeting was nothing but presentations and one discussion item. One presentation was regarding the strategic plan. The commission spent a day giving their suggestions which were written on a whiteboard by the facilitator, Alex Karas. At this meeting, he informed them of the next steps.
I attended the strategic planning session for an hour and didn’t hear anything from the commission on concrete solutions to what should be part of their future planning. No one is in much agreement. The real problem is that no one has identified sources of money that could be tapped to fund any new initiatives.
During Karas’ presentation, he suggested that a charette would cost about $100,000. At an earlier meeting, Mortell told the commissioners that they didn’t have the funds to finish Memorial Park or Fire Station 3. Those are absolutes that need to be done. I am going to christen this commission the “Dream Commission.”
They are oblivious to what responsibilities they have in sitting on the dais. As an example, the commission authorized the city to spend $1600 to buy a table for a Main Street event. The motion was made by Clarke and seconded by Collins and passed 5-0. Now this is not the first time that commissioners, instead of paying for parties from their $20,000 plus salaries, decided to foist the bill on the taxpayers.
In this case, the commission subsidizes Main Street to the tune of $70,000 per year already plus allowing a much-reduced rent at the Flagler. That $1600 allocated is in addition to the hundreds already spent in this budget year for individual commissioners to go to other events. The “Dream Commission” reminds me of Marie Antoinette and the let them eat cake philosophy. Remember the people sent her out the door with her head in her hands.
We see this commission with all types of ideas to make our lives better. But a municipality exists to provide public safety, parks, and public works. In Stuart’s case, there are also utilities for water and trash that are billed separately. Overall, they do those core functions quite well. All the rest is fluff.
That is what your strategic plan and the budget should consist of. The commission needs to stop raiding the cookie jar for the money to have a good time and benefit themselves politically.
You can find the strategic plan presentation here
The discussion item was the Live Local Act which may profoundly affect how new developments are built in the city as well as the county. It eliminates the need for developers to come before boards and commissions for project approvals. This was passed by every Florida Senator and all but 6 House Members voted yes. That took the first day of the session to accomplish.
The very idea of stopping development is over. Because of this legislation, the role of commissioner took a big step toward irrelevance. If they believe they can tweak the LDRs to stop things, the legislature next year will make commissioners truly irrelevant.
There are some code mechanisms to explore to make sure that what is built and the tax breaks that were mandated are correctly interpreted and enforced. The staff will be bringing back those recommendations in the latter part of June.
The next time a four-story building goes up next to your home, there is a good chance that the commission will have no input into the project. If you think this forfeiture of local control was bad, please call your state senator and house representative to complain. You can see the presentation with a complete copy of the bill here
IF YOU ARE NOT A SUBSCRIBER DO SO FOR FREE HERE