martin county currents march 2016

8/20/2019 Martin County Currents March 2016

1/24

F R E

Queen Anne' lives up to old predictions by her critics

cu

RRents Volume 6 Issue 1 • Ma

Martin County

A state of emergency

Court to decidcounty abus

power by reject2008-approv

Pitchford's Land

Unprecedented onslaught of water threatens

estuaries and livelihoods pg 11

A black plume of water from a combination of basin runoff and Lake Okeechobee discharges

heads south from the St. Lucie Inlet to Jupiter Island. Photo: Jacqui Thurlow-Lippisch


2/24


3/24

County still doesnot account forunderpaid CRA fundsEnd-of-year amendments to fund bal-

ances approved by the Martin County

Commissioners at their Feb. 9 meeting

show that slightly more than $4.2 million

remains in Community RedevelopmentArea budgets, but does not include the

$4.6 million in TIF funds previously col-

lected from CRA properties and never al-

located to appropriate CRA budgets.

The county commission, sitting as

the Community Redevelopment Agency,

will decide March 8 what projects will

be funded. The meeting is at 4:30 in the

County Commission Chambers of the

Martin County Administration building

on Monterey Blvd. in Stuart.

The CRA program was designed to

address the needs of old neighborhoods

within each county that fail to meet the

standards of the newer neighborhoods

surrounding it, not only in meeting in-

frastructure needs, but by revitalizing

these areas to promote healthy small

business growth and combat urban

sprawl. As in Martin County, these areas

are the county's most historic areas.

Instead of levying an additional tax,

the funding to revitalize these areas

and address the historic lack of infra-

structure investment comes

percent of the increase in pr

ues annually for the life of t

which in Martin County is 3

(The maximum allowed is 9

and the minimum is 50 perc

taxable increase.)

The program was first ad

Martin County in 1998, and

county had seven designateareas, including Golden Gat

diantown, parts of Port Sale

Beach, Rio, parts of Hobe So

Old Palm City.

CRA funds collected from

within CRA boundaries, wh

law are supposed to be expe

within those boundaries as T

ment Finance funds, were u

until 2014, due to an error in

erty Appraiser's Office. Thos

have not been reconciled, ac

the county Budget Office.

State law also requires th

funds be assigned to specific

the beginning of each budge

which has not happened for

2016 budget year. The count

sion majority of Ed Fielding

and Sarah Heard rejected so

projects selected by the mem

Neighborhood Advisory Co

their neighborhoods last fall

The county commission, sitting as theCommunity Redevelopment Agency,will decide March 8 what projects will befunded, and they will hear a quarterlyreport on the CRAs by Kate Parmalee, of the county's Office of Community andStrategic Partnerships, which replacedthe former Community DevelopmentDepartment led by Kevin Freeman.

The pre-set agenda item will be at 3p.m. in the County Commission Cham- bers of the Martin County Administration building on Monterey Blvd. in Stuart.

The CRA program was designed toaddress the needs of old neighborhoodswithin each county that fail to meet thestandards of the newer neighborhoods

surrounding it, not only in meeting in-frastructure needs, but by revitalizingthese areas to promote healthy small business growth and combat urbansprawl. In Martin County, these areasare the county's most historic.

Instead of levying an additional tax,the funding to revitalize these areas andaddress the historic lack of infrastruc-ture investment from both government

and private enterprise comepercent of the increase in proues annually for the life of thwhich in Martin County is 3(The maximum allowed for percent, and the minimum iof the taxable increase.)

The program was first adMartin County in 1998, and bcounty had seven designatedincluding Golden Gate, Indiaparts of Port Salerno, Jensen parts of Hobe Sound, and Ol

CRA funds collected fromwithin CRA boundaries, whlaw are supposed to be expewithin those boundaries as T

ment Finance funds, were uuntil 2014, due to an error inerty Appraiser's Office. Thoshave not been reconciled, acthe county Budget Office.

State law requires that al be assigned to specific projeginning of each budget yearnot yet happened for the cou

Features

All the articles and opinion pieces are authored and/or edited by Publisher Barbara Clowdus,

except as otherwise noted. All the typos, mistakes, grammatical errors, omissions, and

misspelled words are hers alone, too. The good photos are taken by someone else. All

contents are copyrighted 2015 Martin County Currents LLC.

DITORARBARA CLOWDUS

[email protected]

[email protected]

[email protected]

[email protected]

Columnistsnfiltered ............................. 9arbara Clowdus

ne Floridaoundation ............... 16 - 17

yla Pipes & Capt. Don Voss

Art Kaleidoscope .............. 19Maya Ellenson

Pompano Reporter ........... 21Rich Vidulich

Calendar ....................... 22-23

Editorial ................................ 8

cuRRentsMartin County

PUBLISHER -- Barbara Clowdus PRINTER -- Southeast Offset, Inc.WEBSITE -- Sonic Fish, LLC GRAPHIC DESIGN -- Simone Fong

A monthly newspaper, Martin County Currents LLC is distributed free throughout the county. Allopinions are those of its authors, and letters to the editor are encouraged. Contact information: MartinCounty Currents LLC, 5837 SE Avalon Drive, Stuart, FL 34997. www.MartinCountyCurrents.com.772.245.6564.

6County kills grant forWilloughby extension4

County vows tofight AAF,

rally planned 7PLF joins public

records fight

artin County Currents

arch 2016 News Stream

FREE ELECTRONIC SUBSCRIPTIONS -- Go to www.MartinCountyCurrents.com and click on"Subscriptions." Look for distributed copies at all Martin County public libraries; Chambers

of Commerce at Indiantown, Stuart, Hobe Sound, Palm City and Jensen Beach; and at diners,grocery stores, pharmacies and in lobbies and waiting rooms throughout Martin County.

5Mediation fails,Pitchford's takescase to court

11Emergency: water,water everywhere

Elmira R. Gainey,CHMS, SSRS

Call Today 772.485.6861Email: [email protected]

McAlister Properties LLC735 Colorado Avenue, Suite 113 - Stuart

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contin

County still does not accountfor underpaid TIF funds for CRAEnd-of-year amendments to fund balances approved by Martin County Co

ers at their Feb. 9 meeting transferred slightly more than $4.2 million in

Redevelopment Area funds to a “restricted funding” account, but does n

the $4.6 million in TIF funds previously collected from CRA properties an

cated to appropriate CRA budgets.


4/24

– The approved budget for the Port

lerno CRA is $260,592, with an addi-

onal $1.163 million not yet allocated.

– The Hobe Sound CRA remaining

udget is $1,475,114, with an additional

million not yet allocated.

– The Rio CRA budget is $595,843

th $860,000 unallocated.

– Old Palm City CRA's budget is

,429,317 with more than $440,000

ll owed.

– Indiantown CRA budget is $12,220,

th more than $440,000 still owed.

– Golden Gate CRA budget is

52,170 with more than $350,000 in un-

ocated funds.

– Jensen Beach CRA budget is

51,232 and is owed more than

00,000 in unallocated funds.

Some of the funds earmarked for the

RAs went improperly into the general

nd, instead of into the Community Re-

velopment Trust Fund. If the funds

llected are not spent (or earmarked)r a particular CRA project within three

ars of collection, they revert to the

unty's general fund.

The City of Stuart's CRA had to file a

it against the county in order to obtain

$1 million partial payment of TIF

onies collected by the county and un-

rpaid to Stuart's CRA. The case was

ttled last year.

Former County Commissioners

onna Melzer and Maggy Hurchalla

unched a campaign in 2015 to defund

e Community Redevelopment Areas.■

Anti-train rallylanned for April 9

n Memorial Parkvic activist K.C. Traylor, founder of the

ass-roots group Florida NOT All Aboard,

nounced a public rally at Memorial

rk in Stuart on April 9.

“Please help us throw the biggest

ly to date and send a clear and strong

essage to All Aboard Florida/

rtress,” Traylor said. “We are not going

to let AAF steamroll our communities!”

The rally, which will feature music

and guest speakers, is in support of the

Martin County Commission's unanimous

commitment on Feb. 9 of an additional

$850,000 to continue its legal battles

through 2016 against All Aboard Florida.

Commissioner Doug Smith warned

that the additional $850,000 would

cover the county's expenses, includingany outside counsel, expert witnesses,

and additional studies required for

current litigation only through 2016,

and—depending on whether chal-

lenges to issued permits can be made—

taxpayers should expect additional

expenditures in 2017.

“I think (this fight) is important,”

Smith concluded. “We have a chance,

and I think it's the right thing to do.”

The commissioners had already com-

mitted $1.4 million last year, which is on

parity with the amount spent thus far of

the $2.6 million committed at the same

time by Indian River County.

“We have to weigh expending tax-

payer dollars very carefully, regardless

of the issue,” said Martin County Com-

missioner John Haddox, whose motion

to increase funding was unanimously

approved.

Nothing has changed, the commis-

sioner continued, regarding the “severe

and immediate threat to our quality of

life” that AAF's proposed 32 added

trains daily represent, including the pos-

sible threats to public safety, the loss of

revenue from devalued properties, dam-

ages to the marine industry that will

harm the economy, the added costs of

maintaining 29 double-tracked crossingsin Martin County, and the harm to wet-

lands and the environment.

Although the county lost its first two

lawsuits, another two lawsuits are pend-

ing, and the Army Corps of Engineers

told AAF officials in early January not to

proceed without providing more infor-

mation regarding railroad's impact to

wetlands in India River and Brevard

counties. In addition, AAF had to seek

an extension of time to sell its state-ap-

proved Private Activity Bonds for the

$1.3 billion project, which seems unsup-

ported by the market.

“This is not thetime to waver or to

demonstrate any sign

of weakness,” Had-

dox added, calling

for “firm resolve” to

stand against AAF

and “in solidarity

with thousands” of

Martin County citizens who oppose the

project, which is under construction in

Miami-Dade and Broward counties.

The county's pending legal action is

against the U.S. Department of Trans-

portation (a federal case) and against the

Florida Development Finance Corpora-

tion (FDFC). The county also filed a de-

tailed response to the Federal Rail

Administration’s (FRA) draft Environ-

mental Impact Statement in September

2014, using some of the previously allo-

cated funds for studies that contradicted

the conclusions in the draft EIS.

Among the studies is one that may

affect the rules being composed now by

the Coast Guard for

operation of the StLucie River bascule

bridge in anticipation

of AAF's addition of

32 trains daily, plus

additional freight

traffic by FEC. The

study verifies the

county's claim that

the EIS did not take into account the sig-

nificant boat traffic, now verified at

more than 250 boats daily from March

through August, with slightly more than

200 boats other months.

The county also has aske

Guard to ensure that they co

type and variety of boat ves

as the tidal and current cond

unique to the St. Lucie bridg

proximity to two other bridg

rules should include a requi

keep the bridge open to boa

minimum of 30 minutes per

according to the county, and

onsite bridge tender.

In spite of previous, wel

mented observations and stcounty, the Final Environm

Statement was issued in Au

but the FRA has yet to issue

Decision on the FEIS, a form

that creates an opportunity

ministrative challenge, acco

sistant County Attorney Am

Other permits that could

ditional legal challenges, Pe

are still to come from the So

Water Management District

on the permit language, as w

Army Corps and the Coast G

Martin CNews Stream

The Tech Center, formerly Dutcher's Cove, a project approved in 2008, started coa retaining wall that will hold fill to support the weight of a three-story building. Iforeground is the Pitchford's Landing property, which was not permitted to constseawall due to resident protests.

Construction part of Pitchford's pro

BARBARA CLOWDUS

Construction activity at the foot of the

Jensen Beach Causeway on Indian

River Drive is adjacent to, but not part

of, the contentious Pitchford's Landing

redevelopment project in Jensen

Beach, which was rejected by the Mar-

tin County Commission in July 2015.

The construction on site is not a sea-

wall, as many residents have asked

since a seawall permit for the Pitchford's

project was pulled due to resident

protest. It is a retaining wall along the

Indian River Lagoon on the one-quarter-

acre parcel that will support the weight

of a 10,000 sq-ft, three-story

cording to construction crew

proved in 2008 as Dutcher's

The first floor will be pri

ing spaces for tenants, with

retail space, according to the

plan, with a combination of

and condominiums on the s

third floors. The building pe

yet been issued, according to

County Building Departmen

owner, Ben Sharfi of Sewall'

must meet a January 2017 de

completion of the project. ■

the AAF locomotives (now calledghtline) will be yellow, with an

sortment of colors for the other cars.

'I think (this fight) isimportant. We have a

chance, and I think it'sthe right thing to do.'

-- Doug Smith

Martin County Commissioner, District 1

udget year. The county commissionajority of Ed Fielding, Anne Scott andrah Heard rejected some of the proj-ts selected by the members of theeighborhood Advisory Committees foreir neighborhoods last fall.

The fund transfers may differ frome final CRA budgets due to monies ex-

nded on projects already underway,cording to Parmalee, thus she de-ned to release the final budget num-rs until the county commissioneeting March 8.

The fund transfers give an approxi-ation of the current budget, and are asllows:

Port Salerno CRA is $260,592, withadditional $1.163 million not yet al-

cated. Hobe Sound CRA had,475,114 transferred, with an addi-

onal $1 million not yet allocated. Theo CRA fund transfer was $595,843th $860,000 unallocated.Old Palm City CRA had $1,429,317

ansferred with more than $440,000 stillwed. Indiantown CRA had $12,220ansferred, with more than $440,000ll owed. Golden Gate CRA had52,170 transferred with more than50,000 in unallocated funds. Jensenach CRA had a fund transfer of 51,232 and is owed more than00,000 in unallocated funds.Some of the funds earmarked for the

RAs went improperly into the generalnd, instead of into the Community Re-velopment Trust Fund. If the fundsllected are not spent (or earmarked)r a particular CRA project within threears of collection, they revert to theunty's general fund. ■

RAs continued from PAGE 3


5/24

e first court hearing in the Pitchford's

nding breach-of-contract lawsuit

ainst Martin County will be heard

pril 6 before Circuit Court Judge

ields McManus.

Attorneys for Martin County have

ked that the suit, filed by Reily Enter-ises of Jensen Beach on July 29, 2015,dismissed, following the collapse of

ediation efforts that ended in an im-sse in January 2016.Reily Enterprises filed the lawsuit

ter nearly 10 years of delay of theunty's original 2007 approval of the.7-acre redevelopment project in Jensenach. That original decision resulted in

wsuits filed against the county by Stu-t attorney Ginny Sherlock, representinge Jensen Group, a small group of nsen Beach residents who contendedat construction of any condominiumsapartment buildings in Jensen Beach

reated the area's quality of life.The Pitchford's Landing project expe-

enced further delays as the result of e Great Recession, personal lawsuitsed against the members of the Jensenroup and countersuits, bankruptcy

proceedings, and outspoken objections by county commissioners Sarah Heard,Ed Fielding and Anne Scott.

Reily Enterprises filed the legal ac-tion on the same day that the MartinCounty Commission rejected their Final

Site Plan, 4-1—required as the final stepprior to obtaining building permits—which would transform their 158-unitRV park into an 83-unit subdivision of Key West-style single-family homes andtwo-story condominiums between Sky-line and Indian River drives.

The Reilys also own property on theeast side of Indian River Drive, whichcurrently is occupied by an operatingrestaurant. Plans call for the restaurant building to be renovated, and a board-walk and fishing pier be constructedalong the Indian River Lagoon for pub-lic access to the waterfront.

According to court records, MartinCounty filed a motion to have the Reilysuit dismissed on the grounds that therules governing a Planned Unit Devel-opment are not contractual, but ratherthey are part of the “police power” ex-ercised by the county commission as a

zoning agreement; therefore, theycould not have breached a contractwith Reily Enterprises.

Ironically, the county attorney's officeinvestigated Pitchford's Landing for breach of its development contract in

2014. In February 2015, the investigationwas completed, and Assistant AttorneyKrista Storey reported to the countycommission in a public statement thatthe Pitchford's Landing developmentwas not in breach of its developmentcontract with the county.

The project owners had been grantedone county and two state-mandatedtime extensions during the recession, allof which were filed in a timely manner,according to Storey. The county staff hadalso investigated several complaintsfrom residents, and there no violations,except a minor one that had been “im-mediately remedied,” Storey reported tocommissioners.

With their final deadline for FinalSite Plan approval in August 2015, ReilyEnterprises began working with thecounty's Growth Management staff toupdate their Final Site Plan to seek ap-proval to begin construction.

The renewed movement by ReilyEnterprises also renewed the objectionsand more charges of violations of their

PUD order by members of tBeach Group, led by Stuart ginia Sherlock, who had filenal lawsuits against the couand counter-suits against thwho had filed a tortious int

suit against members of theafter two years of litigation,out of court.

The unrelenting public resulted in the unprecentedment that county staff provto commissioners of any coand/or interaction with anany representative of Pitching as part of every countysion meeting throughout 20restaurant reviews in the lopaper were included in stacommissioners.

Commissioner Anne Scolicly directed the county stafreason they could to force thopment project to “start oveSquare One,” which would current development order tand void and force Reily Ensubmit a redesigned and re-Master Site Plan to give the missioners an opportunity tdeny the project.



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County commission candidatessquare off April 7

The candidates seeking Martin County Commission seats have been invited to

participate in the first political forum of the election season by the Hobe Sound

Chamber of Commerce on Thursday, April 7, at the Hobe Sound Bible College.

Doors will open at 6 p.m., and the event is free to the public.

The forum will focus primarily on commission candidates, according to An-gela Hoffman, executive director of the Hobe Sound Chamber of Commerce.Those candidates will take the stage to answer questions, however, other politi-cal candidates will have the opportunity to set up booths and network beforeand after the forum.

“We have had a great deal of interest expressed by our residents and cham-ber members in the county commission race for Districts 1, 3 and 5,” Hoffmansaid, “therefore, our board of directors decided that the Hobe Sound Chambershould provide an opportunity as soon as possible for all of us to become betteracquainted with all our commission candidates.”

The candidates, who all are Republican, include:District 1 (Jensen Beach area) – Incumbent Doug Smith, being challenged

by attorney Henry Copeland and Sewall 's Point Commissioner Jacqui Thur-ow-Lippisch.

District 3 (Hobe Sound area) – Incumbent Anne Scott, being challenged bybusiness owner and State Republican Committewoman Darlene Fuggetta.

District 5 (Palm City area) – Incumbent John Haddox, being challenged by

former Msrtin County commissioners Donna Melzer and Ed Ciampi.All commissioners are elected in a countywide vote. Since all are Republicans,

unless either a Democrat or Independent candidate emerges prior to the filingdeadline, the primary election on August 30 will decide the winner of the seat.

The Hobe Sound Chamber County Commission Forum will be in the SchmulDining Center of the Hobe Sound College, 11295 SE Gomez Avenue, and is freeand open to the public. Doors open at 6 p.m., the forum will be 6:30-8:30 p.m.,followed by networking for 30 minutes, until 9 p.m.

The public is invited to submit questions in advance at www.HobeSound.org.The Hobe Sound Chamber plans additional forums during the summer, ac-

cording to Hoffman, that will feature other political races.“All candidates for all offices are welcome to purchase a display booth for

campaigning at the forum,” Hoffman said. For information or to reserve a table,

go to www.HobeSound.org.■

County's legal battle with Pitchford's Landing begi

contin


6/24

Martin CNews Stream

During the July 2015 coimmissionmeeting, the Growth Management staff recommended to the county commissiondenial of the project's Final Site Plan, cit-ing more than half a dozen instancesthat the Pitchford's Landing site plandid not meet all the ComprehensiveGrowth Management Plan rules.

During the previous six months, thePitchford's Landing engineers, designersand attorneys had met with countygrowth management planners to incor-porate the most recent Comp Plan rulesinto their Final Site Plan, until they dis-covered that by doing so, their Final SitePlan would no longer match their Mas-ter Site Plan, thus forcing Reily Enter-prises to “start over from Square One.”

As a result, the altered plan on whichthey had been working was withdrawn,and Reily Enterprises submitted a FinalSite Plan for Pitchford's Landing thatmatched their original Master Site Planapproved in 2007, which was rejected bythe county commission. The Reilys have

asked for a jury trial. ■

County kills city-county road projectThe contentious divide between the City

of Stuart and the Martin County Commis-

sion grew deeper with the county's rejec-

tion Feb. 9 of a long-standing interlocal

agreement between the city and the

county to extend Willoughby Boulevard

three-quarters of a mile to US 1 at the

ABC Liquor store.

The county staff was directed by the

commission majority of Ed Fielding,Anne Scott and Sarah Heard to return$560,000 the city paid to the county forits share to build the extension identifiedas necessary to relieve congestion onU.S. 1. Although construction was notlikely to begin prior to 2021, the countyput the agreement on “indefinite hold.”

Commissioner Doug Smith encour-aged commissioners to anticipate theneed 10 years in the future, rather thancurrent conditions, because of the lengthof time required to obtain state grants;however, Fielding insisted that CentralParkway, which is already built, willserve the same purpose.

City officials reported at their CityCommission meeting Feb.16 that theyhad not been notified of the decision, but learned about it by reading The Gov-ernment Reporter by Betty Smith.

There is an active FDOT grant for$1,056,000 that expires June 30, 2016 andrequires a combined match from MartinCounty and City of Stuart for an addi-tional $1,056,000. The county had notidentified any funds in its budget for the$500,000 match, although the Willoughbyextension is a roadway project in theMartin County Capital ImprovementPlan, the Comprehensive Plan, and theMPO Long Range Transportation Plan.

The city had already madments of around $260,000 intreatment and infrastructurements in anticipation of the

“The county does what idon't live up to the agreememake,” said City CommissioCampenni. “It's very disapp

we can't work closer with th

CBRE: sell golcourse, waterfand move the fWith approximately 44,000 a

county-owed land—550 parc

the urban services districts a

outside—the county commiss

last summer to spend $115,

tract an outside commercial

firm, CB Richard Ellis of Chic

study county properties and

make recommendations.

The commissioners pared

CBRE's original proposal, whave cost $600,000, to the issimmediate concern, includinnation of the top 10 most vaof property and an analysis county's administration builcounty-owned golf course. Twas released in January.

“The CBRE report confirfairgrounds not only is valusaid Commissioner John Hahas for more than a year proing the land to encourage thlight manufacturing or induthe Dixie Highway location provide high-paying jobs to“but that it's even more valuhad guessed.”

The land is valued at $1.5cording to the CBRE report. County Fairgrounds Associaprofit association, pays $20 please the property, and is cuvestigating other county-owof land suitable for a large-ssion of the fair.

The CBRE recommendatcluded not only the relocatiofairgrounds, which currentlyyears remaining on its lease county, but a more controvemendation that the county ssider the sale of a portion of

course to a housing developthe golf course in its entiretysional golf course developer

They also recommendedthe county's waterfront propwhich are the county's higheproperties and to build a newtration building on county-oconsolidating offices that culeasing space, instead of invpairs of the current buildingterey Road. To repair the cur building at a cost of nearly $still would not reduce the cospace for other departments

PITCHFORD'S continued from PAGE 5


7/24

t housed at the Administration Build-g, according to the CBRE report.

The replacement or repair of the Ad-inistration Building has been a topic of -going debate among commissionersr a number of years, leading to the re-ction of a proposal to purchase anmpty Wachovia bank building, as well

the rejection of a gift of land from thety of Stuart across from the current

ections Office on Martin Luther Kingvd. in order to build an office largeough to house the Property Ap-aiser's Office currently in the Tower

uilding on US 1 and the Utilities De-rtment in Cedar Pointe Place.A 2013 economic analysis by CBRE,

hich cost $10,000, showed in 2013 thate county should build a facility touse those offices.Even earlier, the commission had

nsidered building a facility to houseme county government offices, even

obtaining a $5 million bank loan in 2011at 3.5 percent interest, according tocounty records. Had the county pro-ceeded then, they would have paid$136,800 in interest by 2016 instead of the $768,000 they paid for leasing officespace, plus had an additional equity

build-up of $294,000. ■

Legal fees to battleLake Point will top$1 million this yearThe Martin County Commission agreed

in February to a request by the County

Attorney's Office to transfer $800,000

from the county's emergency reserves to

cover the anticipated costs of the up-

coming Lake Point trial, scheduled to

begin in September in District Court.

The monies will help cover the cost

of hiring outside attorney Edward de laParte of Tampa in a case that has re-quired the expenditure of nearly half amillion dollars since February 2013 inoutside legal fees. The previous attorneyassigned to the case, John Fumero, wasfrom Boca Raton.

The lawsuit was filed in February2013 by Lake Point Phase I and Phase II,a 1005-acre mining operation that began

life as an equestrian development, thenchanged to rock mining and waterrestoration after the housing market col-lapsed. The county commission leviedcode enforcement fines in 2013 againstthe project as a housing development,alleging the project was mining rockoutside its housing site plan.

The county did not acknowledgeLake Point's permits from the state as awater restoration and mining operationper the county's 2008 agreement withLake Point, because Lake Point did notask the county to revoke its housing de-velopment order until January 2013.

Lake Point, an operation near In-

diantown, had been pursuing an agree-ment with American Water, one of thenation's largest utilities, to cleanse waterfrom the C-44 canal to its north by con-veying it through its limestone rock pitsand sending it south to the L-8 canal forre-distribution to reservoirs, either atWest Palm Beach or other points south,as determined by the South FloridaWater Management District, which con-

trols the flow of water in souLake Point would have b

Palm Beach County.The mining and water re

operation's lawsuit alleges tchalla took clandestine actioing sending private emails wallegedly false information tcommissioners and to other resulting in a public outcry c

that Lake Point was “sellingCounty water and destroyinlands,” thus causing the couSFWMD to terminate its agrwith Lake Point.

Lake Point had agreed to project to the SFWMD with thstanding that Lake Point wouable to use the property to geenue for 25 years. Lake Pointo pay the county an environsessment fee, as well as a rockfor every ton of rock hauled oerty, as well as to donate 150 to Martin County for conserv

Lake Point's estimate of i

enue and costs associated w battle now total $65 million,to court records, which it is from Martin County, HurchSFWMD.

The jury trial has been seSeptember 2016 in District CMartin County Courthouse Shields McManus and is exp

two weeks. ■



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PLF joins Lake Point public recordsappeal against Martin CountyThe Pacific Legal Foundation, known for fighting government overreach that im-

pinge on citizens' rights, joined Lake Point's appeal of a lower court's ruling in its

public records suit against Martin County.

PLF attorney Christina Martin filed an amicus curiae (friend of the court) brief Feb. 18 in the Fourth District Court of Appeals case reviewing the District Court'sruling Sept. 3, 2015, that Martin County did not violate public records laws.

As a result of the ruling, in which Judge Shields McManus noted that the dis-appearance of Commissioner Sarah Heard's emails was “curious” and “re-mained unexplained,” Lake Point was blocked from collecting attorney fees andcosts to obtain the public records it sought.

“Seemingly everyone values government transparency,” Martin said in awritten statement released the same day the PLF brief was filed, “but some gov-ernment officials' actions speak otherwise—and not just high profile officials

with presidential aspirations.”Martin was referring to the actions of commissioners Heard and Ed Fielding

n the Lake Point Phase I and Lake Point Phase II lawsuit against MartinCounty, the South Florida Water Management District and Maggy Hurchalla,filed in district court in February 2013.

The same day the lawsuit was filed, so, too, was the first of several publicrecords requests by Lake Point attorneys, which took more than 12 months forthe county to fulfill, and then were only partially fulfilled, according to courtdocuments. The county's response to the public records requests included whatappeared to be altered documents and conflicting statements as to the where-abouts of the notes of Commissioner Sarah Heard, according to court records.

The county attorney's office had determined that the commissioner's notes werenot public records, thus did not preserve them, required for public records; however,Lske Point attorney Ethan Loeb asserts that the county had an obligation under theaw to ask a judge to review the notes first within 30 days to determine whether they

did or did not need to be preserved as public records prior to their destruction.According to court records, Lake Point attorneys also say that Heard's notes

actually were a script prepared by former Martin County Commissioner MaggyHurchalla for Heard to follow during a commission meeting to consider termi-nating the Lake Point agreement.

Lake Point also filed a suit for tortious interference against Hurchalla.A key to Lake Point's case against Hurchalla not only are Heard's notes, but

emailed correspondence among Hurchalla, Heard and Fielding. Fielding'semails eventually were retrieved nearly 12 months after the first request wasfiled, but the majority of Heard's were not, as a result of her Yahoo email ac-count being “hacked,” according to Heard's court testimony. All of her emailswere lost, she said.

“The Public Records Act does not make exception for sloppy or even honestand reasonable mistakes,” Martin said, referring to McManus's ruling that thefailures of Martin County to protect its public records were inadvertent. “Gov-ernment should not be excused from its duties simply because it is inept.” ■


8/24

Martin CVoices

Editorial: A royal nickname gets resurrected

When former Jupiter Island Com-missioner Anne Scott first ran forthe Martin County Commission

2012, her critics dubbed her “Queennne,” inferring that her wealth wouldpede her understanding of the issues

cing the county's middle-class majority.

We scoffed at the characterization atst, but now it appears those criticsiled it.Chairwoman Scott leads the county

mmission less like a people-centeredverning board, as she should, than aavy-handed monarchy.We've grown somewhat used to her

bit of imposing her own rarefiedachfront living standards as the meas-e of what the rest of us should aspire but in February, she went even fur-er. She declared that county rules needbe changed to suit her own circum-

ances in order that access to ouraches be limited and that alcohol andark fishing be banned. Next is some-ing else she's pushed for: charging for

rking at our beaches.Over the past 12 months, Scott has

mplained loudly and often about a 3-y shark tournament in February 2015at encroached on her privately ownedach adjacent to the Hobe Sound pub-beach. Pushed by Scott's near hyste-

ria over what she considered a “threat topublic safety,” her fellow commissionersagreed to pass an ordinance banning allshark fishing—except from 11 p.m. to 5a.m. at night and not within 3,000 feet of a public beach—eliminating any possi- bility that shark fishermen will reappear

on her Jupiter Island beach.She also tried to limit the hours that

beaches are open, but failed. At least, forthe time being.

Limiting access, banning alcohol andcharging for parking (part of the Parks& Recreation Master Plan) all will becoming back before the commission.

Scott has talked often about strangers being on the beach “all hours of thenight.” They should not be there, shesays, because the “beach after dark is ascary place.” Almost as an afterthoughtand because we are an ecologicallyaware constituency, she added, “Thesepeople disturb turtle nests, and we needto protect our turtles.” Raccoons and foxprobably are what disturb the turtle

nests, but that's not the point.The point is if we're truly ecologi-

cally minded, we should insist that theshark tournaments be allowed to con-tinue. Scott's outcry about fishing forsharks was the result of the NOAA-sanctioned Blacktip Challenge Shark

Tournament, a catch-tag-release tourna-ment that takes place each February asthousands of blacktip and spinnersharks migrate south along our coast.

The tournament works in partner-ship with NOAA's Apex Predator Pro-gram to teach fishermen how to tag

sharks, even when fishing casually. TheBlacktip Challenge also partners withscientists from the National MarineFisheries Service and the Florida Fishand Wildlife Research Institute, and hascollected oral flora samples for NovaSoutheastern University and St. Mary’sMedical Center to aid research in antibi-otic treatment of shark attack victims.

No doubt about it, most of us fearsharks, but as an ecologically mindedpopulace, we also should recognizesharks' critical importance in maintain-ing equilibrium in marine ecosystems.That requires research.

These large congregations of sharksare not being attracted to the beaches byany feeding behavior or by shark tourna-

ments, contrary to Scott's assertions, butinstead are following an annual migra-tory mating behavior. The Palm Beachesare closed to the public, as reported byParks & Recreation Director Kevin Ab- bate, because the continental shelf bringsthese migrating sharks even closer to the

coast there than anywhere elFlorida—not because of fish

Scott also tried hard to g beaches closed after dark, to ban all alcohol, using the sttin County Sheriff Will Snydvided regarding the increas

alcohol-related incidents onBeach and, particularly, at tBeach Causeway Park.

She needs to take a lessonfrom Commissioner Doug Sheard residents' complaints Jensen Beach situation, and the sheriff, who responded b“community policing” to thpark. The number of incidenimmediately and significantSnyder reported to commiss

Seeking a specific solutiocific problem identified by rthe way government is suppwork. That's citizen-centereing. Scott also could have sithe offending shark fisherm

her property.We do not need Her Roy

stomping her foot and pushlaws countywide, affecting 1dents, just so she can get whon her little square of paradi

--Bar

o the editor:It is so uplifting to view the hand-

afted, mosaic benches and bike racks ino made possible through a generous

ant by the Community Foundation of lm Beach and Martin Counties to theartin County Education Foundationd crafted for Rio's Creative Place Mak-g program. Special thanks to Lindasano, of Martin County's Art in Publicaces program, for securing the grantd coordinating the execution of thenches and bike racks with artists Miandberg and Sue Lampert.

We also are grateful for Kate Par-malee, of the Martin County staff, whoplayed an important role in enlisting theinterest of the Martin County EducationFoundation in being a partner in thisproject. These are the people who made

this all possible, along with some tal-ented Martin County school students.

What you have accomplished for Riois especially important and meaningfulat this particular time in our redevelop-ment program. Your creations havekick-started Rio's place-making pro-gram and set a high threshold for thequality of public art in our future. The benches and bike racks will serve our

community for the next 50 years. Thecolorful designs prepared by youth andcrafted into benches and bike racks re-flect Rio's spirit and character. One can'thelp but smile and feel happy whenseeing your mosaic and metal work per-

manently displayed.It was heart-warming to see the stu-

dent-designers. They were glowingwith pride knowing that their commu-nity participation in public art is soworthwhile. Ms. Fasano has guidedthem towards an appreciation for artand civic interests.

I hope that all who attended the re-cent ribbon-cutting, including our pub-

lic officials, felt the strong cosupport and appreciation shRio community. The bencheracks are such a useful additnew roundabout pocket parone involved made the even

tion to remember -- many thPlease, help our commun

ways to add more of your be benches and bike racks to thDixie Highway corridor throthereby making our neighbocompletely walkable commuto enjoy.

R

Letters to Editor

A plea to ensurefuture of county'snonprofits

Martin County Commission ChairAnne Scott's insistence that the countyneeded to have an official written policy fornon-profits that lease county-owned prop-erty nearly sidelined a request by the Chil-dren's Museum of Martin County toextend their lease by 15 years in order toobtain a major contribution. The commis-sion approved the lease extension withScott and Commissioner Fielding dissent-ing. The issue will resurface again as thecommissioners deliberate lease options, aswill county grants to non-profit agenciesthat currently total $260,000 annually.Commissioner Sarah Heard expressed her

interest in ending all grants to non-profits;Commissioner Ed Fielding expressed hisdesire to “freeze” the current list of recipi-ents and amounts at the 2016 level, so theissue will resurface again sometime this fallin preparation for the 2017 budget talks.

Among the dozens of eloquently commentsoffered by residents in support of MartinCounty's nonprofits was the following:

“Good morning, I am Nancy Tur-rell, executive director of the ArtsCouncil of Martin County. I am here tosupport the on-going dialogue to cre-ate a clear and effective set of policiesto guide the county’s decision-makingprocess as it relates to partnerships andother financial support of the vital non-profit community. Governments at alllevels in the United States provide sup-port to nonprofits. Since the early CornTax, through which the Common-

wealth of Massachusetts financed Har-vard College, government has cooper-ated with nonprofits to pursue publiclyvalued purposes.

The arts are integral to the lives of our citizens. We appreciate them for

their intrinsic benefits – their beautyand vision, and how they inspire,soothe, provoke and connect us. Theyprovide bridges between cultures. Theyembody the accumulated wisdom, in-tellect, and imagination of humankind.

Government and private-sectorsupport are essential to promote fullaccess to and participation in exhibits,performances, arts education, andother cultural events regardless of fam-ily income. In the rapidly changingand challenging times in which welive, the arts are salve for the ache.

Both military and civilian popula-tions have long relied on the arts for

inspiration, to hold up moralanxiety, and to express our devalues. Arts leaders are stronners, especially in tough timethe Nazi blitz on London, WiChurchill was asked to close

atres by his military leaders. sponse was, “Good God, manthe hell are we fighting for?”

In closing, I encourage yocounty staff to use the resourcommunity to gather input apractices from other communcreate the policies for grant mlease agreements and other pships with nonprofits, and I oassistance as need be as the dcontinues forward. I also encyou to reach out to experiencmakers in our community incthe Community FoundationsUnited Way in this dialogue.”


9/24


arch 2016 Voices

Lessons to be learned from others in our sho

The engineering jobs in southFlorida that had supported ourfamily suddenly dead-ended with

e '70s Arab oil embargo. Like nomads,e left our home to go wherever neces-ry to feed our children and pay theortgage. We found the concept, whiche thought universal, was an alien one

mong our new neighbors.Most West Virginians we met had

ved on the same mountain for genera-ons. If jobs left, they stayed, no matterw burdensome, thus they resentedose “outsiders” who took “their” jobs.e eventually pushed through the os-

acization to earn their tolerance, if not

ceptance, and some even embraced, bringing us not only into theirmes, but inside their lives.We slipped into lessons we didn't

now we were learning. We marveled ate re-purposed objects dotting everyom, and the intense cold flowing likevers from their windows across theoor—yet their warmth radiated inside,

along with their pot-bellied stoves, driv-ing out the cold.

We learned you can be poor and stillpossess dignity, joy and love. Being poorwas not a failing; it simply was a condi-tion, and circumstances change—at timesfor the better, at times, for the worse.

They often referenced “back whentimes were hard.” When could theyhave been harder? They told us, “beforecoal.” They had timbered the forests forlittle pay, no benefits, horrific injuriesand a long winter with no work. Theywere grateful for coal mines that hadeased the strain on their lives, even asnegligent mine operations poisonedtheir rivers.

Along with a national interest in theircoal-infused mountains, however, camean intrusion of strangers to live off theirlands, seeking serenity in their woods,creating pots, baskets, and leather goodsfor sale at craft fairs. Befuddled that any-one would willfully choose poverty, thecoal miners largely ignored the artists—

considered hippies, whether they wereor were not—until those artists becameenvironmental activists.

Who could blame them for that, re-ally? The outsiders had stumbled uponthis nearly untouched wilderness laced by pristine streams —a treasure greaterthan gold, certainly greater than coal. Aspassionately as newly smitten lovers,

they began a vocal fight to preserve theenvironment for themselves, for WestVirginians, for all posterity and simplywere astounded that their West Virginianeighbors did not seem to understandthe urgency.

Coal miners, already besieged by a

downward market following the Arabembargo's swift end and increasedmechanization that relentlessly spewedmining jobs onto spoil piles, felt that noone treaured their land as much as they,and no outsider had the right to inter-fere with their ability to care for theirfamily, merely because they mined whatwas there naturally.

As West Virginia's unemploymentrose to double digits, the vitriol eruptedon both sides, neither side listening tothe other. Violent protests, vandalismand torched homes caused many ac-tivists to retreat, even to move away. Afew stayed, however, and one of them,Cindy Rank, who had come to themountains with her husband, Paul,

stepped into this simmering cauldronwith a genuine desire to know herneighbors and to understand their per-plexing point of view.

She took up their causes, worked tire-lessly to improve their lives, and saw thesame issues through less judgmentallenses. She was approachable. She lis-tened. She demonstrated that the most

durable road to significant cone built on a foundation of by osmosis, her mantra of “pprotect” seeped into the live

Over time that same Wescommunity—including its cwho had once vilified Cindy

named her Citizen of the Yeamany joined her work monimountain streams that carrying effluent, underscoring thall know but seldom follow:complish much more workinthan we ever could pulling a

It's a lesson we have yet Martin County, where activiwith scientists over cause, efremedies for our water polluneers and scientists disagreethemselves. Farmers, ranchehomeowners south of the la branded an enemy of coastaworking their land and wantect their homes, and even acommission candidate demo

one who follows a different she. Yet all of them want cleclean rivers, and healthy est

Nothing kills a cooperatimore effectively than disrespcould accomplish so much mhaps even solve the conundrestuaries, if we'd just take sofrom Cindy Rank. ■

As business leaders, the EconomicCouncil of Martin County willcontinue to keep the health of

ur local waterways atop our priorityt. We think it’s time we follow the sci-ce—science that has been all but ig-red for nearly two decades--and getwork together as a community in cre-ng a solution.Cleaning up our own backyard from

rmful nutrients is not the only wateruality issue facing Martin County. The

onomic Council continues to advocater completion of the approved andnded CERP and CEPP (Evergladesstoration) projects, and for restorationforts that impact Lake Okeechobeed the Herbert Hoover dike. Further,e support continued efforts to cleand store water flowing from the northto the lake, critical to stopping thermful discharges from Lake O.Risks from excessive nutrient loads

en’t unique to Martin County. In the70s, Tampa Bay was experiencing a

milar dilemma due to poorly treatedwage, unrestricted dredging and un-eated stormwater run-off. The commonllutant: nitrogen. A “60 Minutes” seg-

ment eventually brought national atten-tion to the situation. Citizens there de-manded action; and 45 government,

regulatory and industry entities, alongwith local residents (the Tampa Bay Ni-trogen Management Consortium), collab-orated to develop voluntary caps onharmful nitrogen loads from septic tanks,fertilizer and other sources. Decadeslater, caps have been incorporated intopermits, and 90% of the nitrogen has been eliminated. Water quality in TampaBay has dramatically improved.

At the Economic Council’s RiversSymposium last fall, panelist Anthony Janicki, PhD, an expert on the Tampa Bayrecovery efforts, warned, “If you’re goingto get things done, you’re going to haveto work together.” Florida House Repre-sentative Matt Caldwell (District 79, LeeCounty), another symposium panelist,

added: “You have to have a shared vi-sion, a common vision, of how to solvethese issues. If you disagree on what suc-cess is, you’ll never get it done.”

It’s time for us all to admit that we’reat least part of our own problem, and getto work before it’s too late for our lagoon.

Since the 1990s, the county’s UtilitiesDepartment has made good progress inreducing the number of septic systemspolluting our basin. Recently, MartinCounty Commissioner Ed Fielding in-vited residents to join in the conversa-tion on the septic-to-sewer conversionissue. All parties—government, businessand industry leaders, environmentalconcerns, and citizens—must work col-

laboratively to develop a common vi-sion, define a realistic goal, and get towork on a long-term solution.

How to fund this effort will be a keyissue. In a recent unanimous vote by theMartin County Board of Commission-ers, county staff was charged with draft-ing a mandatory implementation policyfor the septic-to-sewer conversion overthe next decade. Commissioner Fieldingwants to find a way to “level the playingfield” for all residents who would be af-fected—with special consideration forthose who have recently installed a newseptic system. We applaud this decision,and agree that we should explore all po-tential funding options—including theState Revolving Fund and other grants,and pursue the availability of low inter-est loans--to relieve as much of the bur-den as possible for taxpayers.

The county should contribute its fairshare; with the balance coming from as-sessments and by other means.

Human waste is contributing an esti-mated 2 million pounds of nitrogen toour lagoon each year; causing harmfulalgae blooms, suffocating seagrass andkilling fish and wildlife. A 2015 MartinCounty Septic Study from FAU HarborBranch’s Dr. Brian Lapointe and LauraHerren concluded that groundwater ni-trate and phosphate levels are signifi-cantly higher at monitored residential“hot spot” sites in Palm City andGolden Gate than at two other referencesites. Further, sucralose detected in theground and surface waters provides ad-

ditional evidence of human impacts. This is data we’ve bof for nearly two decades.

As early as November 199tigative report by John TuohyToday warned, “Septic-tank p become perhaps the most conissue facing the (Indian RiverThere is growing evidence thnation from septic-tanks is daestuary-- evidence that couldowners to switch to sewer linnewspaper also reported thatiform bacteria from human wserious threat”, and that “algtriggered by nitrogen and phtwo nutrients found in high lhuman waste—are choking alagoon, robbing the water of killing fish and sea grass bed

Martin County is fortuna

strong representation and a of support for waterway resforts in Tallahassee from Sengron and Representatives MMagar and Gayle Harrell. Ochance to garner their continport will come if we can putswords and speak with one septic-to-sewer conversion iSouth Florida Water

Management District GoBoard Vice Chair, and lifetimCounty resident, Kevin Powour Rivers Symposium, “Thnity is too small, and this issfor us not to work together tWhat are we waiting for? ■

CharlesGerardi

GuestColumnist

We must work together to tackle water issu

BarbaraClowdus

Unfiltered


10/24

Costco continueso look at settlingn Palm City

ide from the AAF rail plans and theke Okeechobee discharges, nothingse has brought residents out of their

mes and businesses quite like the pro-sed Costco store on Martin Highway inlm City.Most residents who attend town hall

eetings and county staff meetings livePalm City, and most object to the ad-tional traffic the wholesale giant willing to its proposed location on 28res at the southeast corner of Higheadow Avenue and Martin High-

way—in spite of the store's high startingwages and significant impact on countytax revenues.

Commissioner John Haddox, whosedistrict includes Palm City, met withCostco officials shortly after they submit-ted their application in October to discussother possible locations, including theB&A Flea Market on U.S. 1 or the fair-grounds on Dixie Highway. Costco re-

jected all but the Martin Highway locationas not “meeting company objectives.”

Commissioner Anne Scott objected toHaddox meeting with store representa-tives, challenging the District 1 commis-sioner that he was violating stateSunshine Laws. The county attorney'soffice, however, confirmed that Haddoxhad taken steps to ensure that the meet-ings were made public, and no othercommissioners took part in Costco'stour of potential sites.

In December, the county found faultwith the project's traffic study, its build-ing design and its wetlands andstormwater treatment plans, whichCostco representatives will need to ad-dress prior to resubmitting their applica-

tion for a final review.Since there are no zoning changes

being sought, the application will movequickly through the required growthmanagement process, according tocounty staff. After the final review bycounty planners and around 15 depart-ment heads, the project will go beforethe Local Planning Agency for a publichearing, which may submit its own rec-

ommendations prior to being submittedto the Board of County Commissionersfor a second public hearing and a finaldecision, expected some time in the latespring or early summer. ■

District Courtrejects county's

denial of MartingaleCommons planThe owner of 33 acres at the juncture ofMartin Highway and I-95 missed atimetable extension filing deadline in2010 by four days—a mistake over-looked by Martin County Growth Man-agement staff, who compounded themistake for four years and through sixcounty staff reports.

Growth Management staff workedon the Martingale Commons industrialdevelopment plan with owners as if thetimetable requirements had been prop-erly met, even assuring a potential buyer that the development was in fullcompliance with the county's Compre-hensive Growth Management Plan..

Not until after the purchase of theproperty by HM Property Investmentsfor $1.8 million and an additional ex-penditure of $510,000 for improvementswas the mistake discovered by GrowthManagement Director Nicki van Vonno.She reported to Martin County commis-sioners at a public hearing in the fall of

2014 that the county should liable for the mistake due tocation language in her 2010 edgment letter to the applica

At the public hearing, Coers John Haddox and Doug agreed, voting to approve thdevelopment's Final Site Plathe long-running error by coand the substantial investmeowner; however, the opposiCommissioners Ed Fielding,and Sarah Heard prevailed.

“Equitable estoppel, I begoing to apply here,” Haddowhich states that when an owin good faith, incurs extensiv based on some act or omissiernment that it would be higequitable and unjust not to aproperty to be acquired.

“I have zero legal traininadded, “but my common senwe're going into this one figing battle.”

The 19th District Appellaagreed Feb. 25 that it was a ctable estoppel, according to

records, and overturned thecommission's 2014 vote to dproval of the project's final sallow construction to begin.

The county has an opporto request a rehearing prior applicable attorney fees andProperty Investments LLC, wrepresented by attorney Scoof Stuart. ■

0 Martin CNews Stream

mantha Capaldo, of Palm City, left,ks questions of Nicki van Vonno, countyowth management director, and Darrylleeuw, environmental administrator,

garding Costco's environmental planslowing a winter staff meeting withstco representatives.


11/24

He stood onStuart's River-walk stage

b. 26 to speak at aws conference in-nded to draw atten-on to the plight of ater-related busi-sses. He spoke outa recent Rivers

oalition meeting.

e's been quoted inticles by Tylereadway of The Stu-t News, and he'sen interviewed byea television newsations.

Ordinarily, all thisws attention woulda boon to a small

usiness, but not thisme, Kenney says.

“My business isown 65-70 percentnce the first of Feb-ary,” he adds, “sou can get all the

ublicity in the world,

ut the reality is, it'sugh fishing aroundre and that's wherey customers live. No

mount of advertisinggonna help now.”

A retired police officer, Kenney ands wife decided to open a small,endly neighborhood bait-and-tackleop across from the Sheppard Parkat ramp, but he runs it like a well-es-

blished, full-fledged business, not as abby, which many people expect whencalls it a “neighborhood” business.One of his favorite expressions is, “I

ork 80 hours a week, so I don't have toork 40,” which he revealed to his class-ates last fall in the Business Accelera-

r Program at IRSC, arranged andonsored by the Business Development

oard of Martin County.The 36-hour course of business

asses over 12 weeks, offered by IRSCr a $25 fee, culminated in a studentesentation before a panel of businessofessionals to compete for a $5,000 in-stment in the winner's business.“I won that prize and bought a live

rimp well with it,” Kenney says. “Myusiness was going like a bat out of hell

December...I actually had cash in myocket for the first time since wepened up (two years ago), but thene discharges started coming in Janu-y.... There's no salt in the river. It's 100

percent fresh water. There are no fish inthe water to catch....they've all beenwashed out.”

He's worried that the same will hap-pen to his business, which was built onthe precept of marketing exclusivelywithin a two-mile radius of his shop toensure the “neighborhood” ambiancewas maintained.

Kenney felt hopeful, he said, afterthe governor declared a state of emer-gency for Martin, St. Lucie and Leecounties the last week of February, cit-ing an intent to help businesses suffer-ing “extensive environmental harm”and “severe economic losses” due tothe discharges to the St. Lucie andCaloosahatchee rivers, but then noth-

ing happened. For days.The state agency named ernor to respond to the crisisDivision of Emergency Manported to callers that its direLouisiana for a conference, sin “observation mode.”

“You know what that myou,” Kenney said. “'ObserMode' is government rhetogovernment is doing nothintold people, 'Folks, remembelection day.'”

But Kenney did not sit arwait. He started calling thosand emergency agencies.

“I have been on the phonall day,” he says. “I called ev

one of our elected officials. I Office of Emergency Managecalled my district commissiotimes, I called him!”

Finally, Kenney got a callMarco Rubio's office on Marwhile he was on the phone tfice, he got a call from the gofice, announcing that the StaEmergency Response Team vated the Florida Virtual Bugency Operations Center to impact of the discharges andprocess of encouraging busiapply for emergency loans adisaster relief programs.

The county office for Kentrict, Commissioner Doug Sm

trict 1, emailed him the BusinAssessment Survey that muspleted and submitted to the spartment of Economic Oppo

“It's a step in the right diKenney says, “but this (disagoing to have a long-term, mimpact on other businesses bthose that are located directlwater and have the first, moate impact. I don't think peothat everyone's going to be h... We have to fix the cause, skeep happening.” ■

--Bar


arch 2016 Cover Story

State's response to emergencydark as discharg

im Kenney of Port St. Lucie never expected to be thrust into the spotlightegarding the effects of Lake Okeechobee discharges on river-based Martinounty businesses, yet that's where this owner of the Stuart bait-and-tacklehop, Tackle for Less, suddenly found himself over the past two weeks.

Workshop planned to aid business ownersSince government paperwork required of Martin County businesses seeking assistance from the state's Emerge

sponse Team can be daunting, the Business Development Board of Martin County is working in partnership withcounty's Council of Chambers and the Martin County Emergency Operations Center to create a workshop to aid bowners in the process.

But business owners do not have to wait for the workshop.Those local businesses that have suffered losses since the discharges began in January are encouraged by the B

County Commissioners to complete a Business Damage Assessment Survey that can be obtainedat: http://flvbeoc.org/index.php?action=bda (select the "Lake Okeechobee Discharge" event). The Florida VirtualEmergency Operations Center will assess the impact that the discharges have had on local businesses to determinan appropriate response.

The intent of the BDBMC workshop will be to help business owners not only in filling out the form, accordingMarasa of the BDBMC, but in determining what type of loan or other assistance is best suited to their business.

The details of the workshop will be announced most likely on March 4, or go to www.BDBMC.org for more infor

began as

(LEFT) The fishermen, the families, thebusinesses hurt by Lake Okeechobee dis-charges gathered on the Riverwalk stagein Stuart on Feb.26 to raise awareness oftheir plight. In early January, Deb Drum,Martin County's ecosystem manager, in-

vited engineer Jeff Kivett, of the SouthFlorida Water Management District, to theCounty Commission for an update thatgave a chilling prognostication: El Niñorains have been primarily south of LakeOkeechobee, and if those rains shift to the

north, there's no place for the water to goexcept through the St. Lucie and Caloosa-hatchee rivers. Shift, they did, with thewettest January on record since 1932.When Drum returned to the County Com-mission in February, she reported thatmore water was already being dischargedin February 2016 than had been dis-charged in April of 1995, a season farworse than even the summer of 2013, re-sulting in algal blooms, fish lesions anddolphin deaths. The commissionersagreed it was time to prepare a resolutionto ask the governor to declare a state ofemergency in Martin County; however,Commissioner Doug Smith pushed to haveCommission Chairwoman Anne Scott per-sonally call the governor immediately,then send the resolution after it was fin-ished. "Why should we wait for a resolu-

tion to be prepared," he asked. "I believeit's entirely appropriate for our chair tocall the governor immediately." Three dayslater, the governor declared a state ofemergency for three counties.


12/24

Two new artists recently openedstudios in the Fish House ArtCenter in Port Salerno. Their per-

nalities are opposite, yet both unite ineir passion for art and admiration foreir surroundings.

Danuta Rothschild, who named herudio Danuta's Den, is as flamboyantd bold as our sometimes shockinglyd and orange Florida skies. The othertist, Gail Naomi, evokes the subtle vi-ations of earth and soil, especially fit-

ng for a potter.They both say they feel that having

eir studios at the old fish house onanatee Pocket—now converted to antists colony with local commercialhermen occasionally strollingrough—is an exceptionally beautifulace to nurture their creativity.

HE CLAY SPACEail Naomi can beund along the board-alk, around the cornerDanuta's Den, in theace once occupied by

glassblower and now

otted by waist-high ta-es, a potter wheelsd two clay kilns. Shemed her studio theay Space.“On my first visit

re, I was trulyeased to see what avely space this is,”aomi says, gesturingward the marina out-de her door. She hasent “the past 20 yearsso” as a ceramist, di-

ding her time between North Carolinad Palm Beach County.

“I started spending more and moremy time in Florida...then I heard thate Fish House was looking for a pot-

ter.” The place fit her vision perfectly,Naomi says, giving her space to expandher working and classroom areas, nearpotential markets for her commissionedworks, having retail space to sell herwork, all while being peaceful enoughthat she can hear her inner muse.

Barely settled in her new space, wordis beginning to spread through thecounty of this “new” talent. She is one of

the local artists whowill take part in Stu-art's ArtsFest, and shewas tapped by WomenSupporting the Arts tooffer a class in potteryfor children at theBuilding Bridges to

Youth non-profit inEast Stuart.

“I am also very in-terested in taking cus-tom commissions,” sheadds. “I've worked inlocal private homes cre-ating site-specificwork.” She also created3-D murals and sculp-tural reliefs for commu-nity centers in PalmBeach and Okeechobeecounties.

Although at her studio “nearly everyday,” Naomi encourages people to call

her to tour her studio or to inquire as toa class. She has no set teaching schedule,and takes students on a rolling basis.

“I am busy, here and elsewhere,” sheadds, “so to be sure to catch me here,please call for an appointment.” TheClay Space phone number is561.762.4527.

DANUTA'S DENA fine artist's talent lies undeniably be-neath the whimsical creations inDanuta's Den by Danuta Rothschild.Born in Poland, she was trained at theAcademy of the Arts in Warsaw, and

after settling insouthern Califor-nia, studied atPierce College foranother two years.Her paintings andsculptures, which

feature a range of topics from theHolocaust to Holly-wood celebrities,are on display inprestigious gal-leries, several mu-seums and inprivate collectionsaround the world—and now at the FishHouse Art Centerin Port Salerno.

Her bold images evoke memories of the Old World masters, often times mim-icking their classical works, evident even

on the walls of the Fish House. Roth-schild says, however, that she really hasno idea what will happen when she picksup a paintbrush and puts it to canvas.

“It comes from someplace beyondhere, beyond me,” she says, “and it fillsme with joy, just to watch what hap-pens. I never know....”

She sees also that connection to thecosmos in the fishermen who dock their boats in Port Salerno and sometimes strollthrough the Fish House and past herdoor, who experience daily the energy of the sea and the wonder of the universe. “Iconnect with them,” she says, “because

thstpe

evartothoufoRpashclin

visioninpointinown vicreatedon whieverythcame to

Under ance, shstudentcreate tart, how just bul

She differenpaintin& Paintemphassharingence ra

learning a technique. “But thate a painting by one of the ters,” she explains, “as they

will show them, stroke by stwhen they're done, they'll hown masterpiece!”

She supplies the paints, tthe canvasses, as well as the and they can purchase a glasa craft beer at the Grove Docoutside her door. “With live background,” she adds, “the just so much fun, so relaxingthe experience takes you to a

She can be reached at 772or: [email protected]

www.danutastudio.com.■--Bar

2 Martin CLifestyle

Two new reasons to visit Fish House Art Cent

e Clay Space makes room for students alsosell their work.

Jewelry of hand-crafted clay beads arefavorites of Clay Space visitors.

Artist Gail Naomi at work in herpotters studio, Clay Space.

Artist Danuta Rothschild with one of herwhimsical works of art that feature politi-cians, musicians, actors and actresses.

Danuta also refinishesantiques in unexpected,delightful ways.

A visioning board that takes a turn towardartistic expression.


13/24


arch 2016 Lifestyle

Port Salerno old-timers stilltalk nostalgically about theFriday-night community fish

es of decades ago, where thehermen themselves cleaned anded their catch to share with a few

undred friends and neighbors.The last weekend in January,

rt Salerno again hosted a fish fry,here the fishermen themselvesain cleaned and cooked theirtch for the community, but that'sout all that's the same today ase fishermen's gatherings of the0s and '80s, and even earlier.

More than 30,000 visitors at-nded this year's Port Salernoafood Festival, hosted by thert Salerno Fishing Dock Author-

y. The one-day event included threeages for live bands, more than 30 foodndors, 120 artisans surrounding the

ar of the event—fresh seafood caughtfshore—in a picture postcard setting the Manatee Pocket, sprinkled with

wo dozen sequined mermaids andwashbuckling pirates.

Each year, festival-goers clamor tocrease the popular event to two days,

ut organizers have steadfastly opposedexpansion, since their own fishermen

ould be unable to provide all the fresh

fish required for a two-day event.“The festival really is intended to

highlight our fishermen,” says ButchOlsen, Jr., president of the Port SalernoFishing Dock Authority, “and we don'twant to start importing fish from otherplaces.” Olsen decries the fact that 80percent of the “fresh” fish sold in the UScomes from outside US boundaries, and50 percent of that is farm raised, he says,requiring antibiotics to keep them alive.

Port Salerno is one of the state's fewremaining working waterfronts, and the

festival allows visitors to stroll the boardwalk along the 30 or so commer-cial fishermen's docked boats. In theirheyday—prior to the state ban on gillnets in the mid-'90s—around 200 fisher-men hauled their catches out of the At-lantic, bringing them to half a dozen fishhouses in Port Salerno. The communityfish fries died along with Port Salerno'sfishing industry.

When the last working fish housewas sold, it became an artists' colony, born of an idea by former commissionerElmira Gainey and implemented byowner John Hennessee, which is open

year rfeaturworkand aart ga

At

same housethe relied totheir from cline launcSalernizatiotee. Th

fishermen's community fishvived, but on a larger scale tinclude bands and artists. Thpected around 2,500 at their 10 years ago, but 7,500 walktheir gates. Now they expecthan 30,000 each year.

“The festival is bigger anthan ever,” Olsen says, who tival goers often that most osold to eat was caught withithe festival, “but it's even mtant that we keep our heritag

keep our folks working.” ■--Bar

Commercial fishing boats have historically lined the Manatee Pocket inPort Salerno.

Fishermen haul their catch from the Atlantic toclean and cook themselves for the Port SalernoSeafood Festival.

Port Salerno heritage on display each Januar

www.shhouseartcenter4745 SE Desoto Avenue, Port SalernoFollow Salerno Road east till the road ends at Manatee

On the Manatee Pocket, at the heart of Port Salerno's waterfrontentertainment district and the famed Manatee Pocketwalk!

the

at the

FISH HOUSE ART CENTER

Danuta's DenAll Things Art

and Visioning

Havana BeadsLampwork Beads &

Jewelry Boutique

Art

Gumbo

GalleryTwice VotedMartin's

"FavoriteArt Gallery"

Clay Space

Working Studioand Pottery Classes

The Grove Dock BarCold Beer on Tap, Fine Wines,Live Music with Sea Breeze

& a Waterfront View

Aya

StudA Wor

Teach

Port Salerno

Mosaic StudioMosaic Gifts,

Commissions & Classes

Sele

StudWork

& Aut

Sally Eckman

Roberts Designs

Live Music, Cold Beer, Fine Wine

Paddleboarding & Boat Tours

8 Working Artists & Gift Boutiques

F un Gateway

to TibetWeaver's Studio

& More C atch


14/24

4 Martin C

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15/24

Nitrogen loads to the StLucie River were addressedat the Feb. 4 meeting of the

ater Resources Advisory Councileeting, otherwise known asRAC, an advisory group of stake-

lders from throughout southorida, who meet monthly to dis-ss and give input regarding theea's water challenges being facedroughout the region.

“This month’s meeting wascked full of information, with pre-ntations about everything from fu-re water supply needs, a discussionhow planning to meet those needs

ight affect Everglades Restorationojects, to how birds, turtles, andh affect water-testing efforts,” saidyla Pipes, of One Florida Founda-n. “The presentation that mostught my attention, however, was

update on the nitrogen wateruality conditions throughout the re-on managed by South Floridaater Management District.”The presentation by Stuart Van Horn,

E., chief of the Water Quality Bureau,as offered because the South Floridaanagement District often is asked bysidents about the quantity of nitrogening moved to and from Lake Okee-

chobee and the estuaries via theSFWMD canal system.

“The St. Lucie River is a nitrogen-lim-ited waterbody. A limiting nutrient is achemical necessary for plant growth,”Pipes explained, “however, if you have anabundance of that nutrient, algal bloomswill expand, thus it is important to have

the right amount of the nutrient—enoughfor plants to grow, but not so much thatthe ecosystem is out of balance.”

The St. Lucie River Basin Manage-ment Action Plan, or BMAP, set a TotalMaximum Daily Load target of 0.72mg/l of nitrogen.

“We are nowhere near that target,”

Pipes added, “so it is imunderstand where nitroging the river. This is wheentation at WRAC becaminteresting.”

Most residents assum

we get Lake Okeechobeeto the St. Lucie River, thaover-abundance of nitrogfrom the lake, according In reality, 21 percent of oucame from Lake Okeechowater year 2011 and watand 21% of its nitrogen lofrom the lake during thatperiod. In comparison, 7the water came from ourcarried 79% of the nitrogthe St. Lucie River with i

“Once again, we mution to our local watershsaid, “and work harder the nitrogen inputs.”

For more informatioLucie River Basin Mana

tion Plan: http://www.depwater/watersheds/docs/bmRiverEstuaryBMAP-APR-20

To access Stuart Van Hortation: http://www.sfwmdtal/page/portal/xweb%20a

meetings. ■


arch 2016 One Florida Foundation

WRAC presenter targets nitrogen loads in riv

Much of the focus has been on reducing phosphorous levels in the St. Lucie River, but reducing levels of

nitrogen also are important, a recent topic at the Water Resources Advisory Council meeting.

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16/24

Most people of South Floridawant this for our water: Stopthe Discharges, Clean the

ater and Send Water South. How-er, these issues contain a host of con-

raints, from a 100-year entangledoblem to changing priorities every

years to local advocates with dog-atic stances.

In the 1920 -1940s, the priorities todress included: flooding from thessimmee basin and Lake Okeechobee.the 1940-60s, the priorities were:

ooding, rebuilding the Lake into aservoir and creating an inland portnnection from Ft. Myers to Stuart.

urrently, the priority is, “Send theater south.”

Historically, 15 counties along withartin County wanted the floodingopped. Martin County was interestedthe inland port idea and championede connection to the east fully knowingis made the river the major drain forke Okeechobee. It is nearly impossible

un-ring that bell after all these years.he population has doubled and willouble again in the next 20 years. Ac-on is required this session. Hopefully,

th Joe Negron as Florida Senate presi-nt, action is what we will get.The primary goal of stopping the dis-

arges requires a process in place toore, divert or otherwise slow down 1.6illion acre-feet of water so it does not

overwhelm Lake Okeechobee’s fragiledike. Any water discharged east is justas harmful to the estuary, whethercleaned or polluted. The enemy is a sig-nificant decrease in salinity over a pe-

riod of more than 2+ weeks that will re-

sult in algae blooms.Water quality must meet the feder-

ally mandated water quality standard of 10 parts per billion of phosphorus beforeentering the Everglades. Current testingplaces the water quality in the Kissim-mee River at 200-400 PPB.

There are huge constraints to sendingwater south. The system is no longerable to receive rapid amounts of water,even if water auality standards are met.Water takes time to move through theSTAs and EAAs to filter properly. Recentreports indicate that over the last twoyears, an average of 800,000 acre-feet of water has moved through the EAAs andwas filtered to the mandated levels;however, these 800,000 acre-feet of water

trickled through these filtering areas atthe rate of 6,600 acre-feet per day.

Solutions to address most con-straints already exist. Water storagesites are being developed. The northernKissimmee Basin is scheduling to hold back more water and seriously reducethe water flow it contributes to LakeOkeechobee. Numerous water farmsand retention areas are being testedaround the Lake. Renewed researchand tests on deep injection wells have begun. Serious consideration is beinggiven to dredging the navigation chan-nels of Lake Okeechobee where addi-tional water could be added to therefitted and upgraded Lake structures.

Using Lake Okeechobee for addi-

tional storage is the optimum solution aswe already own that area. Many canalsand other flow ways are currently beingrebuilt or upgraded. Septic systems havefinally appeared on the mainstream’sradar and are now part of the conversa-tion. The stronger fertilizer ordinancesof 2013 will allow for testing across thelagoon communities. Results should benoted by next year. Other pollutants are being identified and addressed.

Water is also becoming a necessitynorth of Lake Okeechobee. As aquifersdeplete, wells dry up and salt waterrises and intrudes into areas previouslyholding spring waters. Surface flowwater will be needed to supplement mu-

nicipal drinking water supp

not just send ALL the water Dr. Neil deGrasse Tyson

preeminent astrophysicist. H“The most interesting fact abis that individuals do not nein it for it to be correct…it judent research, independent sports and public input will gfull transparency and a knowand well-informed populatioaddress future needs. We neLake Okeechobee and other tion areas in coordination wstorage while filtering and slflow of our water to stop any

A cacophony of concernsaired regarding northern stosystems and agricultural run

those who introduced the cotime has come for people to gether to embrace and impleworkable solutions.

So far, the current versionWater Bill and Everglades reconversations seem promisiislature, with normal budgeAmendment #1 funding avahas the University of Floridastitute’s Negron Report andFlorida’s STOZE Report to ulines for projects that will adproblems. Water cannot go sis cleaned, so we stress cleanwater, storing our water andthe wetlands that help filter tory levels.

The two Federal water pCEPP and CERP will be comaround 2036. Those projects 400,000 acre-feet. In the meagrowing number of local prohelp stop discharges for yeaand beyond 2036. ■

Capt. Don Voss, nationally rechis environmental initiatives twater quality of the Indian Rivwill be a regular contributor toCounty Currents. All advertispages will benefit One Florida dedicated to addressing water throughout the state.

Capt.Don Voss

One Florida

Foundation

The youngest attendees at the recent Everglades Conference at the Biltmore in CAnnie and Steffanie, discuss with Captain Don Voss and and Nyla Pipes, founderFlorida, how to best reach younger adults. The young women said not to stereotyonly a shallow, social media driven generation. They suggested we talk to them flike human beings.

Solutions emerge to tackle our water conundr

Capt. Don Voss speaks in Tallahassee in favorof regulating plastic bag use, describing hisexperience as a volunteer diver cleaning theIndian River Lagoon and finding sea turtlestrapped in the bags. He told them also thatfish eat the bags, then humansconsume the fish.

6 Martin COne Florida Foundation

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17/24

Locals often speak with resignationabout the destruction from pol-luted discharges to our water-

ays: “Well, at least it isn’t as bad as98. Do you remember the fish kills?,”ey’ll say. During an especially heavyiny season, like the “Lost Summer of 13,” the community is rightfully in an

proar; however, as the wet periods dryut, and the discharges from the numer-us canals and from Lake Okeechobeessen, so does the fervor.

The 2013 event gets marked on aaph, alongside years 2004-2005--

When all those hurricanes hit, and thetuaries took years to recover”--thatows clearly that the rain events areclical. Over time,

martin county currents march 2016

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