Martin County Currents April/May 2016

8/17/2019 Martin County Currents April/May 2016

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F R E

County commissioners out of sync with reality

cu

RRents Volume 6 Issue 2 • April/

Martin County

Eucalyptus:

Anne Scott's undisclosprivate email accou

prompts judge to reoppublic records tr

renewed hope for citrus farmersin Eco-Gen plan pg 7

Impact fee:new home pric

will rise pg 21

Anne Scott Maggy Hurchalla Sarah Heard

A stand of 100-ft tall eucalyptus trees grows at the Becker Tree Farm off Bridge Road

and I-95 near Hobe Sound. Supplied photo by U.S.Eco-Gen.

County's

attorney feesskyrocket pg Comp Plan

change rejectedAGAIN pg 9


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“It makes absolutely no sense tome,” said Commissioner Sarah Heardduring a January commission meeting.“Why do we take from the poor (in theform of taxes) and then give back to thepoor (in services). We should just let 'emkeep their money in the first place.”

Commissioner Ed Fielding also ques-tioned if donating to non-profits is an“appropriate use of taxpayer funds,” butsuggested that perhaps reducing a non-profit's lease payment to the countymight be a more appropriate avenue forproviding support—after the commis-sion raises lease rates—but only forthose services that the county itself can-not provide, he said.

His preference would be for the non-profit to purchase whatever building is being leased to the non-profit, he added,a concept not endorsed fully by Com-mission Chair Anne Scott.

“The county simply needs to knowhow much (money) it's giving awayeach year,” said Scott, “including those below-market leases and reduced fees,

and to make sure that we hain place that's equitable.”She also called for a “cle

to determine if non-profit selapped.

Most non-profits housed buildings currently pay onlyrent, according to Jennifer M budget office manager, fromto around $20 per year. Manlong-term leases, such as FloOceanographic Society, whiyear lease; however, many oings are located in high-valuwaterfront areas, like the Chseum of the Treasure Coast iRiverSide Park, whose officea 50-year extension on its leawere awarded only an addityears, although they had spelion on building repairs andnance and needed a longer-tsecure a multi-million contrthe children's museum.

Scott, who insisted that t

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.

DITOR

ARBARA CLOWDUS

[email protected]

[email protected]

ANNOUNCEMENTS

[email protected]

[email protected]

Columnistsnfiltered ........................... 11arbara Clowdus

ne Floridaoundation .................. 13 - 15

yla Pipes & Capt. Don Voss

Art Kaleidoscope .............. 18Maya Ellenson

Pompano Reporter ........... 20Rich Vidulich

Editorial .............................. 10

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.

4Realtors object

to newdisclosure rules

7Eco-Gen offers

sustainable energy,hope to farmers

artin County Currents

ril/May 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.

6Worry grows re:impact of mergingfire departments

21New conservationimpact fee to raise

home prices

Elmira R. Gainey,CHMS, SSRS

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Funding of non-profit agenciescounty leases on chopping bloA focus on updating Martin County's policy for leasing its empty b

to non-profits that began earnestly last summer grew over several

into a recent debate among commissioners about the county's rol

partially funding non-profit agencies.


4/24

adopt a written policy for leasing its buildings, included that task as part of the scope of services for the CB RichardEllis study of county properties, re-leased in February; however, the CBRErecommendation was only that thecounty should have a leasing policy.

In their discussion of building leases,the commissioners turned also to havinga strict policy in place for funding Mar-tin County's non-profits, with Commis-sioners John Haddox and Doug Smithquite vocal about continuing non-profitfunding and with Heard and Fieldingexpressing a desire to end all funding orlimit requests.

Manning took on the task of creating

a more formal county policynon-profits, seeking directiocommission in January. She March, telling commissionerlowed the county's current wicy last updated in 2014, andscoring system as a templaterent update, which was appfunding to non-profits was eduring the economic downt

and resumed in 2014.)Haddox argued that it m

support non-profits, which mpact on residents' quality of profits can turn whatever litwe give them into double thamount, or more,” he said, “they can match that with grameans taxpayers get much mout of those dollars than the could providing those servic

Commissioner Doug Smcurred, adding that “it's impunderstand the value of the our non-profits provide,” an“in making Martin County t

place that it is.”Among the 48 or so non-receive funds annually is theCoast Humane Society, undcently by former employeesmal euthanasia practices, at Others include (with amounKeep Martin Beautiful at aro$48,000, the Treasure Coast WHospital at $45,000, the MarHistorical Society & Museumthe 211 information service aCouncil on Aging, Senior Di$11,800, New Horizons at $3Alzheimer's Community Cathe Arts Council at $44,000, Homeless at $10,000, HelpinSucceed at $11,250, ARC at $Council on Aging, Log CabiTreasure Coast Homeless Co$25,000, and Children's Hom$30,000, among others.

During budget discussioScott, as commission chair, pleave the non-profits at theirfunding levels and to postpodiscussion to the 2017 budge

sions, which was approved.

Wildlife officia

Coyotes are heto stay in counMore good news can be gle

facts about coyotes, than b

cording to Angeline Scotten

with the Florida Fish & Wild

mission. But forget about re

them elsewhere.

“We've found that if wethem from an area,” she tolcommissioners April 21, “thpensate, the remaining coytwo or three pups per litterIt doesn't take long for the n

Martin C

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Realtors want countyto reconsider disclosure rules

One of the county's homeowners associ-

ations already has encountered the real-

ity of Martin County's new disclosure law

for development applications adopted inJanuary. Commissioner Doug Smith, at a

recent gathering in Palm City, recounted

one HOA's dilemma when it contem-

plated a facility expansion.

“They found out they would haveto list every homeowner's name andaddress and their children's names onthe development application as part of the county's new rules,” he said, “butthat's not all. They have to keep updat-ing that paperwork and resubmitting itto the county if there's any change inowners, or risk having their develop-ment order declared fraudulent, andthen revoked by the county.”

Smith had brought up homeowners

associations being required to reveal itsmembers during the public hearing of the disclosure ordinance as an exampleof the “unintended consequences” of the county's disclosure language for alldevelopment applications in unincor-porated Martin County.

Commission Chair Anne Scottcalled Smith's observation “scare tac-tics,” and would not permit discussion.

All five commissioners supporteddisclosure of the names of developers,particularly when a developmentwould require a change to the county'sComprehensive Growth ManagementPlan (six changes to the Comp Planwere approved at the commission's

April 21 meeting); however, onlySmith and Commissioner John Haddoxobjected to the county's insistence thateven the names and addresses of chil-dren, real estate brokers, bankers, anda host of others involved in a propertytransaction be revealed.

“You need only one line,” Haddoxsaid, “and that is (for the name of the)owner.”

The approved language that is nowlaw, crafted primarily by attorneys

Ginny Sherlock and Howard Heims,according to Heims' public comments,includes the following language:

...disclose the names of each and everynatural person or entity with any legal orequitable interest in the property of the pro-posed development, including all individu-als, children, firms, associations, jointadventures, partnerships, estates, trusts,business trusts, syndicates, fiduciaries, cor-porations, limited liability company, profes-sional associations and all other groups orcombinations. For those entities which are a firm, association, joint adventure, partner-ship, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability com-pany, professional association and all other groups or combinations, every natural per-son or entity that enjoys a legal or equitableinterest in the property shall be disclosed

including but not limited to any partners,members, shareholders, trustees and stock-holders. Disclosure of any interest in a con-tract for sale or a conveyance of any interestin the property, including but not limitedto, real estate brokers, salespersons, andmortgagees would also be required.

After first asking “What are we fix-ing?”, Commissioner John Haddoxqueried Growth Management DirectorNicki van Vonno as to the number of incidents over the past 36 years thatmight warrant the legislation. She re-called one incident some years ago;however, Commissioner Ed Fieldinginterjected, “How do you know whatyou don't know?”

Haddox also said he had referred tothe US Constitution, and although thereis no explicitly stated right to privacy,some amendments provide some pri-vacy protections, as he quoted formerSupreme Court Justice Louis Brandeis.

“I'm not saying that this (disclosureordinance) is unconstitutional, becauseI'm not qualified to make that state-ment,” said Haddox, “but if I'm goingto err on legislation regarding privacyrights, I would rather err on the side of

giving someone the right to privacythan to err on the side of an invasionof privacy.”

Haddox and Smith both expressedconcern regarding “the emotion” thatoften erupts in Martin County overproposed developments, which nowcould be directed toward children inschool if names and address “are plas-tered all over the place,” a primary rea-son Haddox said he would not supportthe ordinance.

Haddox also called the requirementfor disclosing real estate sales associ-ates names and addresses in a develop-ment application “totally meaningless.”

The Realtors Association of MartinCounty agrees, and addressed a letterto commissioners reaffirming Had-dox's and Smith's observations, urging

the county to reconsider their disclo-sure requirement.

“We share the County Commis-sion's concerns about the importance of transparency, accountability and fair-ness in the development-applicationprocess,” wrote Bill Dean, Realtors board president, “however, we fear thatthis requirement raises questions thatmay very well undermine its intent.”

Another point raised by Smith isthe county's pride in following itsrules, therefore, those rules should blindly guide the process. If a devel-oper followed the rules, he said, theapplication gets passed; if a developerhas not, it gets rejected, with no oppor-

tunity for discrimination charges.He also objected that the disclosurerequirements exempted interveners, orthose who might be hired by a devel-oper's competitors to disrupt theprocess. Scott assured Smith that thedisclosure discussion will continue toinclude all parties, including interven-ers and lobbyists, and a workshop will be held on other tenets of the ordi-nance sometime in June. The disclo-sure portion is now in effect. ■

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After all, they'd al-ready gone to courtonce to ask the judgeto sanction Lake

int because the county wasrowning” in public recordsquests, but were denied in aptember 2015 ruling.For this latest public

cords request, Martinounty told Lake Point attor-y Ethan Loeb that they had

ready provided all the emailrrespondence that exists to

d from commissioners andrmer commissioner Maggyurchalla about Lake Point—from bothublic and private email accounts.

Assistant County Attorney Amy Pet-k added, however, “to be sure the

cord is clear,” the county would haveIT Department perform one more

arch of Commissioners Anne Scott'sd John Haddox's private email ac-unts, as Lake Point had requested.They found five emails from Hurchalla

a previously undisclosed private emailcount belonging to Scott, which a monther resulted in District Court Judgeields McManus ordering a new trial.Lake Point, a 1,005-acre rock mining

d water restoration project near In-antown between the C-44 canal and thelm Beach County line, is a public-pri-te partnership among Martin Countyd the SFWMD with plans to mine rockr 25 years, then turn over the propertythe SFWMD for a stormwater treat-ent facility.

The public records charges at issue be-me Amendment VII and VIII in Lakeint's original lawsuit against Martin

ounty and the South Florida Wateranagement District on Feb. 5, 2013,er a contract dispute, and againstaggy Hurchalla for tortuous interfer-ce with those contracts.Lake Point alleges that Hurchalla con-

nced county commissioners through se-et emails and meetings to shut downe operation, but has had difficulty ob-

ning those emails through publiccords requests from Martin County.

The county's IT Department search,ree years after the first public recordsquest, found that Scott had a previ-sly undisclosed private email accountth five emails between her and formerunty commissioner Maggy Hurchalla,hich neither Scott nor Hurchalla had re-embered, turning them over to Lakeint in early March. Haddox had no

urchalla emails.Immediately, Loeb asked the 4th Dis-

ct Court of Appeals in West Palmach to relinquish the appeal he'd filedMcManus's order exonerating Martin

ounty and Commissioners Ed Fielding

and Sarah Heard of public records viola-tions last fall.

Loeb asked for a new public recordstrial, based on this “new evidence,” andthe order April 28 from McManus wasunequivocal.

“The newly discovered emails from aheretofore unrevealed private email ac-count of Commissioner (Anne) Scott aredirect evidence of an unlawful refusal todisclose public records,” McManus wrotein his order on April 28. “As such it willprobably change the result if a new trialis granted.”

NO AUTOMATIC ANSWERThe previous day, however, as McManuslistened in court to arguments from Loebto grant a new public records trial, coun-tered by vigorous opposition from MartinCounty's new outside counsel, attorneyEdward de la Parte of Tampa, the out-come seemed less clear.

Those in the courtroom got a lesson inthe fine points of the law that must bemet prior to granting a new trial. Mc-Manus had to determine first if he had ju-risdiction to reopen the previous casesince his final order in 2015 and all theevidence in the first public records triallast August pertained only to commis-sioners Fielding and Heard, not Scott,which was de la Parte's argument not toreopen a closed case.

At first, District Court Judge ShieldsMcManus appeared that he was consid-

ering ruling April 27 against Lake Point'smotion for a new trial on public recordsviolations, thus conceding to MartinCounty's arguments that CommissionerAnne Scott's previously undisclosed pri-vate email account did not constitute“new evidence.”

“You are definitely due your day incourt,” McManus told Loeb, “but I justquestion whether or not I have jurisdic-tion to reopen the old case, or if we'retalking about a new public records trial(for Scott).”

Loeb reminded McManus of LakePoint's public records requests on Feb. 7,2013, of Commissioners Fielding, Heardand Scott for emails “between you and

Maggy Hurchalla” regarding Lake Point;however, no emails were produced,which was included in Lake Point'samended complaint with a copy of theoriginal public records request.

On Nov. 11, 2014, Lake Point filed anadditional complaint requesting that thecourt require the county to comply withthe public records requests, including allpublic records from “all county commis-sioners” in their original format from

both public and private email accounts,and to award attorney's fees and costs.

After Lake Point had filed a publicrecords complaint with the court, thecounty handed over one email fromMaggy Hurchalla, signed “Deep Rockpit,”found on Fielding's personal computer inhis previously undisclosed private emailaccount, which appeared to have been“manipulated,” according to court records.

The judge allowed a forensic exami-nation of Fielding's computer, however,no further “significant” emails werefound. At the same time, the judge also

blocked Lake Point's attempts at depos-ing Anne Scott or examining her privateemail account under the court's supervi-sion following Martin County's then-out-side attorney John Fumero's repeatedassertions to the court that Lake Pointhad been provided all the public recordsthat exist, and none existed for Scott.

Fumero told the judge he had sat per-sonally with each commissioner and hadasked each about private email accounts

and for any correspondence they had hadwith Hurchalla about Lake Point.

“Lake Point has all the public recordsthat exist,” Fumero told the judge.

McManus took less than 24 hours tomake his decision to order a new trial,writing a four-page order overturning hisprevious judgment in the public recordscase heard by McManus in August lastyear that had cleared Martin County,thus also denying Lake Point's attempt torecover attorney's fees and costs.

McManus granted Lake Point a newtrial, but no date has been set. The countyargues that it does not have time to getready for a new public records trial priorto the main trial in mid-September.

COMMISSIONERS TARGET LACommissioner Anne Scott att

shut down the mining operatthe Feb. 5, 2013, county comming for alleged violations of itment order (for an equestriandevelopment), refusing to recauthority of Lake Point's stateenvironmental permits and igplea of Lake Point employeesdown one of Indiantown's few

Lake Point also intended water project for American Wlargest water utility in the USexcess water from the C-44 catheir property through lined remove phosphorous, and incanal for further distributionPalm Beach and other pointswhich was targeted for criticchalla's alleged misrepresentcommissioners and SFWMDthrough her private emails anHer emails caused discontenpublic partners, says Lake Posulted in an alleged contract

Martin County also is fighPoint's motion in April to dewell as Haddox, who questioLake Point project in early 20

--Ba


ril/May 2016 News Feature

Judge: Scott'senough to reopen trial

772-546-35www.beckertreefar

Insist your landscontractor buys p

& trees from a repMartin County res

Do

Pal

he sigh by Martin County attorneys likely was heard throughout the

ffice, around the corner—all the way to Indiantown—when they receivedet one more public records request from Lake Point in March.

undisclosed emails

The Florida Supreme Courtruled in mid-April that countyofficials or governing bodiesmay not claim inadvertenceor ignorance in followingthe state's public recordslaws, which will likely cast adifferent light on the issue ofCommissioner Sarah Heard's"hacked" email account thatdestroyed public records, in

addition to Commissioner Anne Scott's alleged undisclosed emails from Maggy Hurchalla on anundisclosed private email account in a new public records trial in Martin County District Court.

Anne Scott Maggy Hurchalla Sarah Heard


6/24

Mention the fire department anywhere inMartin County these days, and you'regoing to hear an earful. Not complaintsabout firefighters; it's the uncertaintyabout what might happen TO the fire de-partments that's giving rise to criticism.

Some of those concerns were airedTuesday, May 3, in a joint meeting of theMartin County Commission, the City of Stuart, Ocean Breeze, Sewall's Point, andthe Town of Jupiter Island. The county andits municipalities discussed the study byFitch & Associates, commissioned by thecounty and City of Stuart and released tothe public on Thursday, April 21, but noconclusions were reached.

“Please, commissioners,” said HelenMcBride, a Stuart resident and civic ac-tivist, during a recent City Commissionmeeting, “don't go and change anythingabout our fire department. We like it theway it is. We don't want the county totake it over, because then we don't knowwhat we'll wind up with.”

McBride reminded commissioners thatthis is not the first time the city considereda proposal to merge departments. Duringthe previous discussions “some yearsago,” the cost to Stuart residents nearlydoubled, she added, and McBride is notalone in being uncomfortable with theidea of a merger.

The firefighters have trepidationsthemselves, although Fitch's report saysthat no layoffs will occur. The reductionin the number of firefighters will come

only through attrition, but it numbers already are declinin

“Right now, we're losing fiother counties at an alarming Chad Cianciulli, fire union pre“which is driving up overtime

guys are not leaving because oThere's not that much differenus and Palm Beach County. Itity. They just don't know if thehave a future here in Martin C

The city’s current response rently less than those of the couing to the report, but members firefighters union disputed the applied by Fitch to clock respon

“Our response time is 60 the door,” said firefighter Brson, union vice president. “TWhat Fitch did was track thedispatcher, from the time of the time she finished her repnothing to do with the the actakes for us to get out the do

Other recommendations traised the ire of residents inctwo fire stations, including thof Stuart station #1 on Martin

Jr. Blvd, for which the city is its construction bond; decreasat other stations, including Inand increasing response time

Adding to the sense of insthe failure of the contract negtween the firefighters union a

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Residents uneasy about taof fire department merge

continued o

continue

Heartbreak inHobe Sound asearch for missing

mom continuesthe shadow of Mothers Day, in the

eepy safe village of Hobe Sound inuthern Martin County, the unthinkable

ppened: A young mother of a two-year-d daughter suddenly went missing April

27. The sheriff nowsays it appears to havebeen an abduction.

Hundreds of citizenvolunteer searchers joined Martin CountySheriff's deputies eachday since Thursday,April 28, joined bysearch-and-rescueteams from as far away

Maine, who began the arduous searchfoot, by ATV and horseback looking

r clues in the disappearance of Trishadd, 30. A team of bloodhounds joinede search May 4, a week after Todd failed

pick up her toddler from her visitingrmer husband.

Stationed with the Air Force in Northarolina, Steve Williams, returned to hisse the day that Todd went missing,

ut Sheriff Will Snyder declared thatilliams was not a suspect. He passed alygraph and two days of intense

uestioning.The toddler's parents had taken their

ughter to the hospital around midnight

the night before, returning around 2:30a.m., according to the sheriff's office's re-port, after which Todd drove home.

Her car was found at a neighbor's,near her brother's house where she wasstaying, across Federal Highway fromthe now-vacant Algozinni's with thekey still in the ignition, her purse in-side with only her wallet and cellphone missing.

Sheriff's crews have searched exten-

sively, during the day with helicopters,examining a wilderness area nearthe Hungryland Wildlife and Environ-mental Area, off Pratt Whitney Roads.The DEMMI search crew from Mainereportedly searched a pond in Poin-ciana Gardens, as well as off-road trails.Now the search has been joined by ca-daver dogs.

The sheriff began scaling back thesearch on Wednesday, May 4, but con-tinued to promise the family and thepublic that his investigative team willcontinue to pursue every angle possible.

“As of now,” he said, at a press con-ference, “we do not have one scintilla of evidence...” even after a forensic searchof Todd's car and home.

The family, who often expressed ap-preciation for the public's support, hasasked that if anyone has any informa-tion, to please contact the Sheriff's Office.

Todd has red hair, hazel eyes, weighsabout 110 pounds and is 5 feet, 4 inchestall. Anyone wanting to join the privatesearch effort may go to to Facebook at“The Search for Tricia Todd.” Thosewith information should call 911 or sher-iff's detectives at 772-220-7060. ■

cia Todd


7/24

“What took you so long to comeand present this to us,” askedNAC member Art Matson. of Melchiori and his partner, Eco-

en's CEO Bill Quinn. The gossip aboutis plant—and the promise it holds fore hard-hit Indiantown economy sincee demise of the citrus industry—haden gaining warp speed locally.Although underway since around

12, according to Quinn, the steps to get-

g state permits, the Public Service Com-ssion approval and contracts all camest, before they could call it a project.Everything is now in place, Melchiori

ded, including identifying the “per-ct” parcel of property adjacent to thePL transmission lines at the westernd of Farm Road in Indiantown, withe last hurdle being the final approval the Martin County Commission.Melchiori and Quinn had already pre-

nted the Eco-Gen project at the Marchcommission meeting at the request of

ommissioner John Haddox and withe support of Commissioners Ed Field-g and Doug Smith. Fielding said he felto-Gen was “an intriguing opportu-ty” that fell in line with the county's

erall objectives of sustainability.“Finding viable crops for our agnd, especially our citrus land is vital,”elding added. “This has potential...”he project also has “complexities,” heded, because the land use is desig-ted agricultue only and would re-

uire a comprehensive plan amendmentchange it; however, should Martin

ounty approve it, Eco-Gen will convertomass from woody waste material,pplemented by new growth eucalyp-s trees to ensure consistency, in a state--the-art, low-emission power plant,lling the electricity it creates to FPL bynnecting to the FPL transmission

nes. Excess wood pellets produced byo-Gen would be sold to coal-fired

ants, reducing air emissions.Melchiori, who had discussed alter-tive crops with Fielding for severalars, said he was introduced to US Eco-

en about six years ago, learning of eir plans for a biomass power plant inartin County and agreeing to a euca-ptus trial at the Becker Tree Farm nearobe Sound, the success of which canseen by motorists traveling on I-95.“Obviously, there's a strong eco-

mic benefit to Martin County for thisant, including job growth, renewableergy, and it's a green project,” Mel-iori told commissioners, “but whatas most important to us at the timeas that these trials were going to find

an alternative use of our lands, whichhad been decimated by canker and cit-rus greening … finding alternative useshas been difficult.”

The success of the eucalyptus trialwas beyond expectations, Melchioriadded, planting 10-inch seedings thatgrew nearly 100 feet tall in a span of lessthan five years.

After the first year, the trees requiredno additional water or fertilizer—farless than the needs of an orange groveor of sugar cane.

The early success convinced Mel-

chiori to join the Eco-Gen developmentteam as vice president. Currently two ad-ditional Eco-Gen biomass power plantsare planned, in addition to Martin, inOkeechobee and Clay counties, with onein Polk County nearing completion; how-ever, the company is based in Jupiter.

“We all have lived in Florida for sometime,” added Quinn, who calls their enter-prise a “home-grown” project that's sensi-tive to the needs of their communities.

“We've spent a lot of time embed-ding state-of-the-art technology to re-duce water consumption from 1.5million gallons of water a day (for thesame size electrical generating plant)with a typical cooling tower to the drycooling tower of Eco-Gen's,” he said,

“which reduced water consumption toless than 100,000 gallons a day.” Aboutthe same as a car wash.

“Our environmental footprint has been managed significantly to reduceimpacts,” he added.

They have already earned the state'sdesignation of “targeted industry” to ex-pedite permitting, as well as MartinCounty's own “targeted industry” des-ignation, and they've entered into a 30-year purchase agreement with FPL,winning approval from the Public Serv-ice Commission in 2013.

They expect to receive their Depart-ment of Environmental Protection airquality permit this summer, which

clears the project to begin construc-tion—if they have county approvals tochange the land use from agriculture toelectric generation.

The only portion of the parcel zonedfor electric generation lies underneaththe transmission lines that transect the536-acre parcel Eco-Gen is purchasingfrom Tesoro Groves. The rest is zonedagriculture, although the former citrusgroves now are fallow.

Melchiori asked commissioners fortheir help to expedite the Martin Countyapprovals, not cutting corners in any

way, he said, but to allow them to startthe process before September, since thecounty allows submission of comprehen-sive plan amendment applications onlyonce a year, in September.

Growth Management Director Nickvan Vonno told commissioners that previ-ous boards had already set a precedent by allowing the process to begin earlierfor a private enterprise, if they wished todo so; however, after the Eco-Gen officialsconcluded their presentation, Commis-sion Chair Anne Scott said, “I guess we'llsee you in September.”

The questions that followdiantown community presen

began with employment prowhich Quinn said would inc30 to maybe 35 permanent emafter the energy plant is com250 employees during two ayears of construction, many specialized craftsmen; plus a50 or so employees to collectand bring it to the plant, whivert the woody mass to pelle

He expects the biomass t50-50 split between refuse thcounty landfills and the eucnew-growth woody mass. “even be more like 80-20, at lestart,” he added.

When Quinn described tsaving technology, one India

dent quipped: “Can't you uswater than that? This is Marwe want to get rid of water, water the better,” drawing afrom the crowd.

Other questions focused lyptus trees, has did those frsioners. Quinn explained thatrees, although not native, arsive. “They grow from their said, “and can be harvested four-year cycles.” The lack oplanting annually, or for watizer after they're establishedthem not only environmenta but profitable for landownerthose with fallow orange gro

They are more environm

patible than orange trees, wnot native to Florida, but grohere as in their native Spain

Craig Bauzenberger, chaidiantown NAC, encouragedence to show commissionerssupport of the Eco-Gen proj

“We desperately need thIndiantown,” Bauzenbergercially now that Louis Dreyfu juice plant) has slowed to a twhat it was, and if we don'tfor Indiantown, no one will.

--Bar


ril/May 2016 Cover Story

Eucalyptus: bringingIndiantown, hope to citrus grow

revitalization to

ndiantown folks are somewhat used to seeing Rick Melchiori, general manager of

ecker Holdings, stopping by to talk with other citrus farmers, but on April 13, hissit was different. The Indiantown Neighborhood Advisory Committee was hosting

Melchiori for a presentation on Eco-Gen, a prospective bio-mass energy plant slatedor Indiantown, and the civic center filled quickly with residents.

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Martin C

ApNews Feature

Record-setting legal fees tap county's resourc

The county's fees for outside attor-neys since 2012 to battle lawsuitslikely will near $4 million by the

d of the 2016 fiscal year on Sept. 30,sed on county budget fund transfersthe County Attorney's Office and a re-rt by the county comptroller.The legal fees for outside attorneys in

st the Lake Point lawsuit against Mar-n County likely will reach $2 million Sept. 30.Overall, since the 2012 election, the

unty has spent more than $3 millionoutside attorney fees, in addition to

urchasing a small lot in Hobe Sound tottle another lawsuit for $200,000.

This amount includes slightly morean $1 million in outside attorney feesbattle All Aboard Florida, and is the

net amount after an insurance paymentof $225,330.

The Martin County Commission ap-proved in January a transfer of $850,000from county reserves to cover antici-pated expenses for outside attorneys todefend the county in Lake Point's up-

coming breach-of-contract trial againstMartin County, now set for mid-Septem- ber in District Court in Martin County.

This does not include, however, possible legal defense fees for Martin Countyand Commissioners Anne Scott, SarahHeard and Ed Fielding in the newly re-opened public records case that couldalso potentially be retried this summer.

In actual numbers, as of April 5,2016, the county had spent $871,133.52for outside attorneys in the Lake Point

matter, according to a report by countyComptroller and Clerk of Courts Car-olyn Timmann. Included in this amountare the costs of outside attorneys to de-fend County Commissioners SarahHeard and Ed Fielding in the previouspublic records trial, as well as assist for-

mer County Commissioner Maggy Hur-challa with her defense.

Lake Point, a mining and waterrestoration project near Indiantown, issuing Martin County and the SouthFlorida Water Management for breach of contract, and Hurchalla for tortuous in-terference with those contracts.

The county recently entered into anew contract in January with the legalfirm of Edward de la Parte of Tampa,which specifies payments to de la Parte

at $300 an hour and his asso$250 an hour to take over thlitigation from Boca Raton aFumero, who spent the first on the case.

The county also is coveriof a special magistrate to res

tiary disputes among the paLake Point case at an additiohour. Original estimates weror five special hearings wouneeded to settle their disputnumber has now ballooned than two dozen evidentiary with Martin County coverinHurchalla's share.

The county also had an awith the South Florida Watement District to share the coforensic accountant to examPoint's bookkeeping recordsthe county has now rejectedoffer and retained the servicaccounting experts, for who

take full payment responsibIn addition to Lake Pointhas spent $1,326,241 in outsifor other lawsuits, primarilylandowners in defense of thrights, since the November 2tions. Most of the cases wereof court, with the exception Point case and the breach-oflawsuit filed by Reily Enterp Jensen Beach in regard to thLanding redevelopment pro

Outside attorney David Stuart, former assistant couney, successfully defended County in a 2008 suit againford's Landing, led by attorSherlock, and was retained

county attorney last summeford's breach-of-contract suthe county filed in August 2

District Court Judge ShieManus dismissed the Pitchfoinitially last month, but withdice, leaving the door open velopment project to refile th

The expenditures for Hurfense and hearing costs, accoHeims, are recoverable, shouand the county win their casLake Point, which is seeking in damages and attorney feetin County, Hurchalla and thFlorida Water Management D

County Attorney Michaealso expanded his staff to 11 including two attorneys—on$127,000 annual salary and a$120,000 annual salary—pluretary with a search ongoingadditional attorney in the “$range,” according to meeting

The county attorney and ministrator also created a foupublic records “team” of IT eand professionals to fulfill thdemand for public records. Tdoes not charge for the first tsearch time; but after two hocharge is $16.38 per hour, pluany paper copies, CDs, DVDdrives required to fulfill the

ON AUGUST 30

A LIFELONG LOVEof MARTIN COUNTY“The Martin County we love deserves our protection and solutions that 'politics as usual' won’t solve. I hope to earn your support, since I have deep connections to our community and bring

the outside perspective of a business owner, which Martin County so desperately needs.”-- Harold Jenkins

A father, grandfather, business owner and lifetime resident of Martin County, Harold Jenkins understands thechallenges facing working people, families and retirees. His judgment is not clouded by politics or personal agendas.

HAROLD WILL restore the bedrock of democracy, the people's voice;

make smart use of tax dollars, instead of just raising taxes; embrace a countywide customer-servce mindset; respect county staff and residents, even when disagreeing

HAROLD JENKINS WILL RESTORE PUBLIC TRUST

HAROLD WILL work with state and federal partners to fund projects that

move Lake O water south; continue the fight against AAF; protect rural areas from urban sprawl; fight for our Community Redevelopment Areas and small businesses


9/24


ril/May 2016 News Stream

Comp Plan amendment fails AGA

For three years, Martin County andits team of attorneys have tried toget the state to approve changes to

Chapters 1, 2, and 4 of the Comprehen-sive Growth Management Plan crafted by Maggy Hurchalla. After its secondlegal review by the state on April 26,

Comp Plan Amendment 13-5 still wasnot approved when three of the changeswere rejected by the AdministrationCommission (Gov. Rick Scott and thecabinet) as not being in compliance withstate statute.

Martin County Commission ChairAnne Scott traveled to Tallahassee tospeak personally in support of the planamendments, telling the members of theAdministration Commission prior to thelegal presentations that she representedall the people of Martin County.

“The Martin County Commissiontakes the comprehensive plan very seri-ously; we work hard to make sure it re-flects and protects the growth anddevelopment goals of our citizens,” she

said. “The amendments before you todayare a small part of a large packageadopted August 2013. There were otherchallenges that were resolved quicklyand amicably by settlement, with lan-guage revisions. This case is all thatstands between Martin County and put-ting the amendment package into effect.”

The county, represented by outsideattorney Linda Loomis Shelley of Talla-hassee, reached settlements with thosewho had challenged the legality of Amendment 13-5, including MartinCounty landowners Tesoro Groves,Running Citrus LP, Becker Holding Cor-poration, Consolidated Citrus LP, andLake Point Phase I and II LLC. Shecrafted changes to definitions—includ-

ing the definition of a wetland—andother language to resolve the majorityof landowner issues, as well as to re-solve the threat of an additional chal-lenge by the South Florida WaterManagement District.

Lake Point agreed to drop its challengeto the amendments if the county agreed torevoke Lake Point's development orderper their agreement, which had been atthe center of the county commission'scode enforcement actions in January 2013that led to a separate—and still ongoing—civil action in District Court.

The only landowner with whom thecounty was unable to reach an out-of-court settlement was Midbrook 1st Re-alty (Hobe Grove), which owns 2,800acres adjacent to the turnpike andBridge Road in Hobe Sound. After a re-view by Administrative Law JudgeChristine Van Wyk in Sept. 2015, theamendment was found not to be in com-pliance with state statute.

Also speaking to the AdministrationCommission during the hearing wasWarren Wilson, senior vice president of Coventry Development Corporationthat manages the Midbrook property.Wilson described the company as onethat specializes in creating sustainableplanned communities anchored bymajor corporate employers that create jobs prior to building homes.

Midbrook had purchased 2,800-acreproperty in 2011 because it fit Mid- brook's criteria: adjacent to the turnpikeand near the I-95 interchange; no wet-lands due to active agriculture; and itqualified for the state's Section 298 Mu-nicipal District designation that pro-

vides landowners with infrastructuredevelopment rights without reliance onpublic financing.

He described two current projects:Ridgegate, south of Denver, a 3,500-acreplanned community anchored by theSkybridge Regional Hospital employing2,500, Charles Schwab headquarterswith 4,500 employees with plans to add2,000 more, plus hotels and some retailspace for a total of 7,000 jobs, yet only1,000 homes.

The other project he talked about isSpringwoods Village on 2,000 acres out-side of Houston on I-45, which was an-

chored by the Exxon Mobil Ncan headquarters, employingple on its 400-acre campus. SEnergy employs another 1,00hotel and some retail space, aWilson, yet only 500 homes.

“One thing I want to poi

there was no zoning there,” “yet we have one-third opencause it's the right way to deproject, and it's what corporlooking for today.”

Wilson said that these pro20 to 30 years to complete, m because they operate exclusiall-equity model with no deb

“We'd like to proceed wiect on a long-term basis in MCounty,” he said. “We'd liketreated fairly, so we can brinlogical plan in a logical proc

--Bar

NO JOB TOO BIGOR TOO SMAL

STEVEN LOFSTEDTLawn Service

772.781.1022 • Stuart

RESIDENTIAL • COMMLICENSED • INSUR

The Comp Plan measures rejected byThe Administration Commission ruling April 26 found Comp Plan

ment 13-5 not in compliance with state statute as a result of • the way the supermajority vote was written, which created sub-ca

scattered throughout the Comp Plan requiring data and analysis and a voting standard for each;

• failing to base residential housing capacity (not considering unbudences on already approved multifamily developments as part of the housing inventory) on professionally acceptable methodology;

• and failing to consider the separate and distinct real estate markeEastern and the Indiantown Urban Services Districts in the plan's attemmerge both districts into one.

Van Wyk had previously rejected the argument that the supermajowas a substantive change (meaning it could impact a citizen's fundamrights) which would require substantive relevant data and analysis tothe change.

She ruled in favor then of the county by agreeing that it was just pr

thus did not need data and analysis. The legal counsel to the AdministCommission, Peter Penrod, disagreed, however, after considering Midbception to her ruling that brought the supermajority vote back into con

The county commission will need to decide if it's going to attempt that measure by supplying relevant and substantial data and analysis the 4-1 supermajority vote for its “critical issues,” or instead require a supermajority vote requirement for any Comp Plan change.

In a statement released by the county Wednesday, April 27, CountyMichael Durham said two of the issues are easily addressed with remeamendments, then the commisison will deliberate the action they wishon the supermajority vote. The item will be placed on an upcoming magenda, and Durham will meet with commissioners in executive sessi briefing prior to public deliberations.

Door left openor Pitchford's toe-file lawsuithen District Court Judge Shields Mc-

anus dismissed the suit by Reily Enter-

ses LLC (Pitchford's Landing) against

artin County on April 6, he rejected the

unty's argument that a Planned Unit

evelopment zoning agreement is not antract, and left the door open for the

it to be amended and refiled by May 6.

The contradiction between a com-aint and its exhibit led to the judge'scision to dismiss the case, rather thanejection of Reily Enterprises' claimat a PUD zoning agreement is the re-lt of the county's contractual authority,ther than its regulatory authority, thusbject to a breach of contract claim.Reily's complaint states that the

unty rules that were in place at theme the Master Site Plan was approved the county (in 2007) should takeecedence when considering the pro-

ct's Final Site Plan; however the Pitch-

rd's PUD agreement, attached to themplaint as its own exhibit, states thate Final Site Plan must comply with theunty's “laws, ordinances and regula-

ons” in place at the time of the final ap-oval (in 2015).The county's initial approval of the

tchford's redevelopment of an 158-nit RV park on 17.7 acres in Jensenach, between Skyline Drive and In-an River Drive, into a mix of 83 unitsKey West-styled single-family homesd two-story condominiums survived

court challenge in 2008 by residents of nsen Beach, known as The Jensenroup, led by attorney Ginny Sherlock.

When Reily Enterprises filed for

eir Final Site Plan approval in 2013,e former members of the Jensenroup and Sherlock re-launched theirmplaints during nearly every countymmission meeting until Commis-

oner Anne Scott called for the countytorney to investigate possible breachoceedings against Pitchford's Landing

uring the summer of 2014.Six months later, Senior Assistant

ounty Attorney Krista Storey reportedcommissioners that Pitchford's Land-g had not breached its agreements,d one minor code violation by a busi-ss leasing restaurant space from Reily

nterprises had been immediately recti-d. She added, “The project is in full

mpliance.”Storey also reminded commissionersat applicants are entitled to dueocess when coming before the countymmission for development approvals,us commissioners are obligated byw to consider each application “with

open mind and without bias.”Reily Enterprises charges in their

mplaint that Scott directed Growthanagement staff from the commissionis to find a reason that the project hadreturn “to square one,” which al-

gedly led to the staff's recommenda-on not to approve and the county'seach of contract. ■


10/24

Letters:

0 Martin CApVoices

Editorial: Commissioners out of sync with real

The headline on the Board of

County Commissioners' press re-

lease announcing that Anne

ott's previously undisclosed private

mail account would force the 19th Dis-

ct Court to reopen its public records

se, read: Martin County looks for-ard to second public records trial.

Are you kidding?

What disregard for Martin County

xpayers who are going to wind up

ying perhaps a $1 million or more for

is case to go back to court, but that's

ly half of it.

The county blames the Florida

preme Court's ruling that no govern-

ent official or any government body

n be excused for not “preserving and

otecting” and keeping control of its

ublic records, regardless of inadver-

nce or ineptitude, even when showing

od faith. That may result in new ver-cts for Commissioner Sarah Heard and

nctions against Martin County, but

at ruling had absolutely nothing to do

th the judge's order for a new trial.

He ruled just on the fact that Anne

ott had not disclosed one of her (at

ast) two private email accounts, even

ough she had been asked directly in

ultiple public records requests by Lake

int, the mining and water restoration

oject suing the county for breach of

ntract and charging Maggy Hurchalla

r interfering with those contracts.

The district court has already ruled

that emails among Hurchalla and county

commissioners are “highly relevant” evi-

dence in the case that's expected to go to

court in September. Martin County

wants to postpone the public records

issue, because, they say, they don't havetime to prepare for both trials.

Lake Point needs the evidence that

may still be housed on hard drives, so

their attorneys have asked the court to

expedite the proceedings. We suspect

they also will request a forensic exami-

nation not only of Scott's computer, but

Hurchalla's, since she had not previ-

ously revealed the existence of the Scott

emails in her court-ordered depositions,

according to court records.

The county was unabashed in the

spin they so blatantly put on reality.

The same holds true whenever they

release anything about the Lake Pointcase, giving out information from their

perspective without qualifying that the

issue is being contested.

They also never mention that tax-

payers are paying for commissioners'

legal fees.

So now, are we really to believe that

county attorneys, including the outside

legal firm from Tampa and their two new

attorneys added to the staff, are much too

busy? Or is the reality that commission-

ers want the court proceedings to be

postponed until after the election—re-

gardless of how much it costs taxpayers?

We are wondering, as well, if the

county will wind up refunding the

$250,000 insurance payment they re-

ceived for legal fees after the first public

records trial, if they are sanctioned, which

would bring the cost of the Lake Point lit-igation to far more than $1 million....be-

fore the main case even goes to court.

Now we're beginning to hear the

same spin from Scott, who seems to men-

tion at every commission meeting once

or more her commitment to transparency.

Listen to how she just framed the

county's LOSS to Midbrook's legal chal-

lenge after three years of legal wran-

gling over the commission's first set of

massive, Hurchalla-authored Comp

Plan changes: “Finally, after three years,

our Comp Plan has been restored,” she

said during the May 3 County Commis-

sion meeting.Restored? Hardly. Hurchalla over-

reached, and taxpayers paid for it.

Once again.

The largest landowners who filed

their challenges won their points after

the first year in out-of-court settlements

(so why wasn't that done prior to adop-

tion, without hiring an expensive out-

side attorney from Tallahassee?). Some

landowners just were exempted from

the proposed changes so they'd drop out

of the lawsuit against the county.

The county also provided more pre-

cision to the language, or ga

forcing changes that contrad

law—such as imposing Hur

own definition of a wetland

usurping the authority of th

Florida Water Management

control water flow.All except Midbrook 1st

which owns Hobe Grove ha

Granted, they have vested in

because at some point—even

30 years from now—they ho

vince Martin County that th

fits Martin County's long-te

tives and lifestyle, but it was

that just won its three-year c

lenge to prevent these chang

– requiring a supermajori

commission for some Comp P

– requiring the maximum

to land use for the count of h

analyzing need, instead of thapproved;

– combining the eastern

ices district with that of Indi

determine if the eastern urb

area still had room to grow,

stopping home-building and

commercial or industrial dev

for another 15 years. So how

have maintained our infrast

quality of life then?

By increasing taxes and f

course, to which Scott says,

cost of living in Martin Coun

etter to CountyAdministrator TarynKryzda from MartinCounty TaxpayersAssociation:

First let us congratulate you andur staff on a very well done CIP (Cap-l Improvement Projects list). The ma-

rials are well laid out and fairly easyunderstand. The Plan is very thor-

ugh and well thought out.Grants & partnerships can help

mp start & defray today’s capitalsts. In review of the Plan, we are re-inded that every grant and partner-ip leads to future capitalfrastructure costs and maintenancests. Something to keep in mind mov-g forward.We do have some concerns and

mments.– We do not support acquiring debt

do the Phipps Park improvements.– We object to the proposed plan to

structure, re-plan and rebuild the

Martin County Golf Course. Westrongly object to the sale of any of itsproperties.

– We are skeptical, at best, as to theneed for new water slides at SailfishSplash. If the teen market is down, askour teens why? We think an increase inadmission will directly lead to a drop inattendance. We are well pleased withSailfish and applaud its success; workon making the existing facility better.

– We support the re-purposing of anexisting building (former bunker) to thecomputer center. We don't care for thepolitically correct labeling to "DisasterRecovery Building."

– We support the rebuilding/replace-ment of Fire Stations #14, 33 & 36 withthe following comment. Before embark-ing on rebuilding, a site assessmentshould be thoroughly conducted; thesestructures seem to be in the wrongplace. Perhaps we even need an addi-tional ambulance station? Our question:Can we build stations for less money?

– We strongly support all of the CRAprojects proposed.

– We will look closely at the St Lucie

Inlet Plan and further comment later.Our question: Can we look into thesales tax statute changes to includeinlet & waterway dredging?

– We strongly support the PortSalerno Fishing Docks. This is the lastvestige of one of Martin County "her-itage" industries.

– We strongly support the All Ameri-can STA (Stormwater Treatment Area) inPalm City and thank Kevin Powers forhis leadership on this important project.

– We encourage the County Com-mission to strongly suggest that theTowns of Jupiter Island and Sewall'sPoint convert from septic tanks tosewer as soon as now.

– We suggest that the Gomez Pre-serve is a duplication of the F.I.N.D.Park just south of it that is very muchunder used. Gomez is not necessary.

– We are very skeptical of the needfor the Jensen Beach Impoundment proj-ect. Do we really need this one? Do weneed it now?

– We applaud and encourage theneighborhood restoration projects aspresented.

– We strongly encouragefour-laning of Cove Road frSR #76 and the four-laning Meadows for CR # 714 to I-extension of Willoughby frterey Rd. to US#1 to the CIP

– The County Road A-1-Alights have been a disaster swere first installed. These cuare the wrong fixtures in obvwrong place.

– We encourage the Coureal, professional traffic sig

for US#1. This for all intentposes is Martin County's aoneed the ability to travel thwithout having to stop for e

– Finally, we support thesewer conversion using the sisted sewer systems, AND like the Commission to revposition to extension of sewIndian River Drive.

Thanks again for your goWe hope you find our comm

Thomas G. Kenny Martin County Taxpaye


11/24


ril/May 2016 Voices

Let's drag one fact out of the closetand into the sunshine: The county'sCommunity Development Depart-

ent under Kevin Freeman, the formerommunity Development Director, wast broken until Commissioner Sarah

eard took over as chair in 2012 andolished one of the most productiveograms ever created in Martin

ounty—the Community Redevelop-ent Agency—and orchestrated a cam-ign to disparage Freeman.

The commissioners took over theency in 2013, going from two to threeurs a month to discuss CRA businessaround 15 minutes a month. Hearded all the Neighborhood Advisory

ommittee members, although she hadomised she would not, and had the

RA program not been protected by theomp Plan, it likely would have beenolished then and there.After a 2014 strategic planning ses-

on, held out of sight of cameras, Com-issioners Ed Fielding, Anne Scott andeard changed county priorities to infra-ructure only, abandoning economic de-lopment and jobs as a county priority.They ignored their own $60,000 eco-

mic development study commis-

oned in 2013 that directed the countyould focus on the economic potentialthe CRAs, particularly the US 1 com-ercial corridor of the Golden GateRA. The study sits on the shelf, un-uched and unused.

Fielding, Heard and Scott began theirw attack on the CRAs since they aret “aligned” with county (meaning,eir) priorities. Scott, bolstered by theased “case studies” of CRAs by formerommissioner Donna Melzer—less ob-ctive than if Hobe Grove did a study of using needs—and a steady flow of

mails by Maggy Hurchalla, began tar-ting Freeman and his staff with addi-

onal false claims that $23 million wasnaccounted for.”

Her most disingenious practice, how-er, is that she continues to comment:All I know is, when we started askinge hard questions, the Community De-lopment staff all left. ... What does thatl you? I know what it tells me.”Since she continues to beat that drum,

addition to her claims that Freemant the county in a “mess,” many NACembers have quit in disgust.

The truth is that Freeman, whonded a highly lucrative consulting po-ion to teach municipalities in Englandd in the United States to set up CRAsoperly and productively, was driven

ut of Martin County by Ed Fielding,rah Heard and Anne Scott.

He waited to leave until after allthree of his staff had found new jobsfirst, because whatever Scott, Heard and

Fielding have in mind for our CRAsdoes not even vaguely resemble whatthe program was intended to be—revi-talization, which includes economic de-velopment, of our oldest areas of thecounty to bring prosperity to areas left behind by gated communities, shinymalls and libraries built miles away.

Prosperity—that's what Freemanworked tirelessly to achieve, and that'swhy the commission majority wantedFreeman out.

IN THE BEGINNINGHe was hired in March 2010, and one of the first things he saw about MartinCounty's CRA program was that it wasNOT in compliance with the state's

statutes for CRAs. None of the economicelements of the CRA program MAN-DATED by the state had been incorpo-rated into Martin County's CRA plans;thus, the CRA program was operatingwith one arm tied behind its back.

He advocated and the county ap-proved to contract a CRA consultant toanalyze each of the seven CRA plans forcompliance with state statutes and thecounty's Comp Plan, and SDI StrategicDevelopment Initiatives, founded byDon Delaney, was selected from a half dozen proposals.

One of the state's preeminent expertsin CRAs, appointed by then-Gov. Law-ton Chiles to rebuild and revitalize theCity of Homestead following Hurricane

Andrew's devastation, Delaney hadhelped write some of the state's CRAlegislation.

SDI reviewed all seven CRA plansfor statutory compliance with the stateand the county's Comp Plan for a fee of $8,500 apiece, which he completed in2012. He presented his findings in apublic hearing to county staff, thecounty attorney, and the appointed CRA board, but after the 2012 election, the re-port was not allowed on the commissionagenda to be heard by the Board of County Commissioners.

Since the majority of non-complianceissues with the CRA plans involved eco-nomic development, SDI also had beencontracted to complete an Economic Ele-

ment for the Rio Community Develop-ment Area, to be incorporated into theRio CRA plan as an update, which wasnever done.

Delaney presented Rio's economic el-ement plan to the full county commis-sion prior to proceeding with the updateof the other plans, and commissionersasked for a workshop. After the 2012election, however, the workshop wasnever scheduled, and now, according toDelaney, his agreement with the countyto continue with the updates was re-cently revoked.

Even after 15 years with more than$23 million invested into the CRAs,which averages to around $220,000 a

year per CRA, the cumulative values of CRA properties still falls two percent below that of the county's overall total—largely in part because of the missingeconomic piece to their plans.

Other Freeman's projects were killed,also, including a “micro-entrepreneur-ial” program for CRA businesses, as wellas employing county engineers to incor-porate stormwater treatment into the

Old Palm City Mapp Road project thatwould put parking in front of vacant lotsto attract businesses to Mapp Road.

His ability to incorporate the utilitiesand engineering departments to create asynergistic approach to CRA projects, re-sulted not only in innovation, but inturning dreams into reality and a repu-tation among NACs as “heaven-sent.”

DIVINE GUIDANCEMy first interview of Freeman in 2011showed me how divinely directed hislife seemed to be.

“I guess that's what you could callit,” he said. “Something from the cos-mos, something unseen and inexplicablethat's always been at play in my life....”

Born to a family of modest means in apart of England where the sons tradition-ally followed their fathers into the mines,Freeman instead continued his education,influenced by a grade school teacher.

“She had inspired me with photos of the astronauts and of Neil Armstrong onthe moon,” he said, “and I wanted toknow, where is this place that such excit-ing things were happening?”

That's when he vowed he would livein the US, telling adults: “I will work inthe United States, and I will marry anAmerican woman.”

Life interrupted, it seemed. After col-lege, he met another urban planner work-ing on the same project, fell in love and

married her. Their lives had rthe same axis, growing up wof each other, attending the sachoosing identical careers, yehad taken different planes. Theven bumped into each other

“I knew that my wife, De been adopted,” he said, “andexpressed an interest in findparents, I encouraged her.”

Their research uncoveredthan old records. Deanna's bwas living in Palm Beach CoFlorida, where Deanna was man had married an AmericThey moved to Florida with born child, and Freeman beccitizen just months before heCounty. “Kev's more Americis British,” said Deanna, alsomired urban planner for theart and, for a time, for Marti

Freeman's initial intervienew job had been over Skypond interview was in personpany's headquarters in Englthe company's principals tolthey knew when they heard

life story that providence ha back to England. He pointedposite wall.

Freeman turned to look, saw was a full-sized mural ostrong walking on the moongoose-bumps,” he told me. “my arms popped out in gooover.” He accepted the job oturned to Stuart to pack. Heand their three children—a fAmerican citizens—left Marin November 2015.

They are gone now, onto gtures, but they also will forev behind in the CRA projects thallowed to bloom in Martin C

BarbaraClowdus

Unfiltered

Martin County lost a fine family last November, as well as exceptional urban planthey moved overseas. Deanna and Kev Freeman with their three children, Alisha,Lukas, American citizens all!

Shine some light on the truth aboutKev Freeman's departure


12/24

2 Martin CAp


13/24


ril/May 2016 One Florida Foundation

It was brought to my attention that the“constraints” imposed by the shortlength of these columns might leave a

vice water advocate at a bit of a loss;erefore, I will go into greater detail re-rding the chapters—one at a time—of e One Florida Foundation report,

OZE, a compilation of facts and scien-ic methods to address our water issues., here is a more detailed explanation:Short history: For our purposes here,

e will use the 2013 “Lost Summer”umbers for comparison albeit thatmount of seasonal rainfall is just the sev-

th largest amount recorded. In 2013, 1.6illion acre-feet of water flowed intoke Okeechobee and was flushed to

de. That is a huge number with littleeaning without some explanation.

An acre-foot of water is a foot of ater spread out over one acre, and Lakekeechobee increased in water depth byree feet to equal that 1.6 million acre-et. Every inch of water in the uppersins becomes six inches of change in

pth when confined in the reservoir.Although some people like to use

uivalent billions of gallons or X num-r of Olympic swimming pools, I pre-r to use more understandableumbers. Every nine inches in or out of

ke Okeechobee equals 400,000 acre-et; therefore, nine inches equals 25 per-nt of the discharged amount in 2013.

With that as a quick explanation, let’sk about diverse water storage and seeI can better lay out how that works,cause “S” in STOZE means storage.

gain, the best way to start is to lay outew known variables:1. Scientists tell us that Florida will

ve a drinking water crisis by about 2035.2. Our population has increased

nce 1996 from nine million people, ex-eding 20 million in January 2016, to anpected 35 million in 2035.3. There has already been a 40 per-

nt reduction of natural wetlands,hich is important because wetlandse where water naturally would sit andher filter down into aquifers or evap-ate, with excess water flowing south,ing filtered, and eventually going toorida Bay.

4. Because of construction of theDitch” through what was the beautiful

bows of the Kissimmee River basin,ater that would have taken sixonths to reach the Lake now can beere in six hours. This not only over-helms Lake Okeechobee, but it doest allow any time for the water to fil-

r and remove pollutants.Most arguments among river advo-

tes over ideal water movement stemom agricultural land south of the Lakewned primarily by U.S. Sugar. We willfer to this as the “drain.” How this in-ustry got in the way of our historicRiver of Grass” flowway is the Hatfields-

d-McCoys story of Florida, but theyRE there and have been for 100 years.

As mentioned, water comes intoke Okeechobee at a 1-to-6 ratio. Thatme ratio must be considered whendding the lake of excess water. If alle gates are opened from Lake Okee-obee, east, west and south, STILL they

could not release enough water to matchthe inflow of water when the system isunder stress from heavy rainfall.

As a result, buying land south of theLake will not end the discharges whenthe Lake is stressed. There must be an-other option.

ENTER DISPERSED WATER STORAGEUsing private land, such as former or-ange groves, to store water for a modest

price does several positive things: Itkeeps this land from being sold to devel-opers, thus removing forever any chanceof helping the water situation, and it al-lows water to be held any number of places around the lake.

Remember, if we had just one reser-voir south of the lake during stressedperiods, we would require 17,000 acre-feet a day to be moved south, cleanedand sent to the Everglades to allowroom for more water EACH day for 180days to equal 1.6 million acre-feet. Notto be forgotten, sometimes it rains overwhere you want to store water, there-fore, diverse storage is the better option.

Water storage could be a retentionpond, a reservoir, or private land hold-

ing a few feet of water to evaporate, fil-ter and be returned to the flow if needed. The concept is simple. If thedrain cannot keep

up with the inflow, fix the faucet.Slow the water, store the water, hold thewater and send it when the pressure onthe Lake is not as great.

Two Federal projects, Central Ever-glades Planning Projects (CEPP) andCentral Everglades Restoration Projects(CERP), will not be completed until2035. Diverse water storage addressesdischarges until 2035. Those projectswill only address 27% of the dis-charges; therefore, dispersed waterstorage is a perfect companion.

After just two years, dispersed waterstorage accounts for 16 percent of those

discharges, or in other words, a reduc-tion of 30 days of water flushed to tide.

WATER STORAGE ESTIMATESThe Kissimmee basin increased retainedwater by 2 inches = 250,000 acre-feet

The Upper Chain of Lakes increasedretained water by 2 inches = 200,000acre-feet

Current projects on-line now or to becompleted next year = 175,000 acre-feet

The total represents 37 perwater discharged in 2013--me

progress in a reasonable amou

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

Although not discernible in the photo, the restored section teems with wildlife incontrast at this "intersection" with the yet-to-be-restored oxbows of the Kissimm

STOZE: explaining each concept one at a time

No one got excused from taking the test at the"H2O to Go" summer camp, even Capt. Don.


14/24

As Lake Okeechobee discharges tothe St. Lucie River continue, theriver's and the Indian River La-

on's ecosystems face various threatsom pollutants, including fertilizers,rbicides, pesticides, and sewage froming infrastructure and septic tanks.

et a hidden threat to our waterways, asell as to our near-shore reefs, swimsneath the surface—the invasive Indo-cific Lionfish.This attractive but harmful fish first

owed up in the 1990s and has taken

er the eastern seaboard, including anfirmed sighting in the Florida Keysational Marine Sanctuary, according toe Florida Department of Environmen- Protection. Many believe the inva-

on really began with Hurricanendrew, and the accidental release of veral Lionfish from aquariums. Noatter how they got here, it is incrediblyfficult to get rid of them.

One of the reasons they are hard toeradicate is that they reproduce quiterapidly. The Indo-Pacific Lionfish spawn

year round, with females releasingabout 30,000 eggs every 3-4 days. Thesefish also reach maturity and begin re-producing in under a year, whereas ournative fish generally take 3-5 years toreach maturity and reproduce.

Our native fish are also at a distinctdisadvantage when it comes to sharingthe ecosystem with these predators, be-

cause the natives are all on the menu! Li-onfish have a voracious appetite, andthere is virtually nothing they won’t eat.Lionfish consume more than 70 species of fish and many invertebrate species suchas shrimp and crabs. And they feed often.

Many native species consumed bythe Indo-Pacific Lionfish are commer-cially important, and studies show thatthe presence of Lionfish on a reef can re-duce the number of juvenile native fish by 90 percent in as little as five weeks.Think about what this means to our In-dian River Lagoon, which is home tohundreds of species of native fish, manyof which spend their juvenile years in

the estuary before heading out to sea.Another reason Lionfish are difficult

to get rid of is that human beings aretheir primary predator, and

Lionfish are most effectively caught by spearfishing. There are some anec-dotal reports of Lionfish taking a hook, but this seems to be a rare occurrence.Currently, there are traps being devel-oped, but in the meantime, we reallyneed our diving community to be spear-ing these fish whenever they see them!

There are no seasons or limits on Li-onfish. They can grow up to 15 inchesin length and weigh up to 3 lbs. Of

course, the bare, the mor

Many divreluctant to fish, becauselot of misinf

garding howthey are. Thhave venomventral, andand it is implearn how tofilet them.

Lionfish painful, andis allergic tovenom, theyan anaphylaThe fish do n be alive for aoccur. Lionfever, can be

they are venpoisonous. Tence is in th

Venom isinto the bloocause injuryspine or fangmust be con

meat of a Lionfish is perfectlcontains no poison. Actuallytaste quite good, and can beand eaten just like other fishnot even have to be cooked, good ceviche and sashimi. Tdelicate, white meat which rcepts flavors from the methoration. Many people compar

to that of snapper.If you are interested in tr

fish, you will have an oppor June 10, 11, and 12. In order tention to this threat to our ereefs and remove some of thfrom our waters, One Floridtion is hosting the annual TrLionfish Safari. This three-dkicks off with a captain’s mecocktail party on Friday nighCity Hall in Fort Pierce. SatuSunday divers will be weighhaving their fish counted at rina in downtown Fort Pierc1p.m. There will be vendor b

onfish tastings, an art show,challenge, as well as live banother fun activities all weekeFor more information, to becsponsor, or to register to divus rid the water of these invplease go to www.treasurecosafari.com. We cannot let ouand reefs be overtaken by th

tors. We need your help! ■

Nyla Pipes is a founder of One Foundation, which addresses wthroughout the state.

4 Martin CApOne Florida Foundation

Tackling yet one more threat to our estuariesNyla

Pipes

One Florida

Foundation

NYLA PIPES

2015 LIONFISH SAFARI

CHEF'S CHALLENGE


15/24

One morning last July, CaptainDon Voss and I drove north tothe Riverwoods Field laboratory

xt to the Kissimmee River. We wereth excited and nervous, as the

eather didn’t look like it was going told up, and we had been planning this

y for a few months.We had been invited to join a group

students from the FAU Pine Jog “H2OGo” summer camp as they toured thessimmee River by boat and studiedth the restored section and the chan-lized section. Many of these studentsere there on scholarships from Oneorida Foundation.

Riverwoods Field lab, managed bye Florida Center for Environmentaludies in partnership with the Southorida Water Management District, wastablished in 1995. Riverwoods' mainjective is to support research and edu-tional activities related to the restora-

on of the Kissimmee River and greaterverglades ecosystem.

We arrived at camp just before theudents. We were introduced as theyme off the bus and got settled into anference room for the first part of they’s education – a video explaining thestory of the Kissimmee River, includinge reasons it had been channelized ande effects of that channelization. Imaginer surprise when we were handed a

uiz to take alongside students in orderevaluate what we had learned!

After the video and discussion, wewere instructed to put on our sunscreenand bug spray, grab our hats, and meetout by the dock. As we followed thegroup of students, it was fun to watchthem joke around and laugh with oneanother. You could tell they had formed

friendships inthe last fewdays of camp,and they werereally enjoyingthemselves.

As we boarded theKissimmee Ex-plorer II, alarge pontoon boat, we askedthe studentsabout theircamp experi-ence thus far.They sharedmany stories

about whatthey had seenand learned onLake Okeechobee the past couple of days, and some anecdotes about thecamp counselors. As our tour guide, aresearcher who is stationed at River-woods boarded the boat, the toneshifted and the kids started digging intheir backpacks for pencils and note- books. Again we are handed school-

work, and the kids snickered when Ihad to borrow a pencil.

As we moved through the KissimmeeRiver system, we were asked to takenotes. We participated in a bird count andtook water samples. We spent quite a bitof time floating in the middle of the river

examining theflora and fauna,much of whichthey broughtaboard using buckets. We ob-served the dif-ferences invegetation andhabitat be-tween the re-stored sectionof the river andthe unrestoredsection. Stu-dents wereknowledgeableand asked in-

telligent ques-tions. We alllearned.

After several hours on the river, weheaded back to Riverwoods. Studentswere already talking about how muchthey were looking forward to spendingtime on the Indian River Lagoon andlearning from the researchers at HarborBranch the next day.

Driving home, Captain Don and I

were tired, but thrilled. Our summer camp was even mowe’d expected, and in spite tant rumbles, the weather he

One Florida Foundation sending students to the FAU“H2O to Go” Summer Camp

year. During this week-longcamp, students will work wscientists and develop an unfor the interconnectedness aity of south Florida's water sthe environmental issues facRecreational activities such acanoeing, snorkeling, hikingming are included throughowhich ensures students willtime as they learn.

We have an opportunity t10 students to this camp, andtively seeking sponsors. Thea student. If you’d like to supforts, a tax-deductible donatimade at www.onefloridafou

We hope to start seeing s

improvements to our rivers ways over the next decade, bnext generation that will convital work of caring for and Florida's unique ecosystemsplant those seeds while theyand help them create great ma very special summer camp

One Florid


ril/May 2016 One Florida Foundation

Hook kids on ecology at 'H2O To Go' summer ca

FAU Pine Jog Center, along with

FAU Harbor Branch Oceanographic

Institute and CES Riverwoods Field

Laboratory, will offer a unique,

week-long, residential research

institute for high school students

July 25-29, "H2O to Go." They will

work alongside environmental

research scientists and earn 3 credit

hours, if dual-enrolled. To nominate a

student for a One Florida Foundation

scholarship for the “H2O to Go”

summer institute, send an email to

[email protected].

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16/24

Has it dawned on any of you yetthat we all are caught in themiddle of a war between the

llionaires .They are using our very real issue of

ater discharges and pollution to enlistin their personal agenda that really

s nothing to do with water, buts everything to do with real estate.

hey are doing a very good job of dis-acting us from the facts and the scienceat will allow us to correct the real en-ronmental issues we face.

This war is not about restoring theverglades, as they want us to believe.hat is the distraction they areing. The “Battle Royale” is over whots the biggest chunk of the 700,000res of the EAA (Everglades Agricul-ral Area south of Lake Okeechobee)r DEVELOPMENT. There is no othernd in South Florida for developmenther than the Everglades and the EAA.

All across Florida, agricultural landse rapidly disappearing. One big exam-

e is our citrus industry. Theyve been hit hard, and their land ising rapidly developed, particularly inntral Florida. As we continue to lose

ur agricultural land, the cost of foododuction will rise, and we will need topend on more and more of our fooding imported. Not a good thing.We all know, if the land is not grow-

g crops, it's being paved over. We also

know which activity puts the leastamount of stress on the environment.

ATTACKING AGRICULTUREThis attack on agriculture – an industry

that feeds us – does not make anysense, unless you factor in DEVELOP-MENT! At the most recent River's Coali-tion meeting in Stuart, Thomas Van Lentwith the Everglades Foundation gave apresentation. When faced with thecrowd bemoaning that Big Sugar buysthe politicians and gets their way,he made the statement that “Ag (inter-ests) is one percent. The real power isreal estate." Bazinga!

The billionaire Fanjul brothers withFlorida Crystals and US Sugar Corpora-tion have been vilified for decades. If you are a self-proclaimed environmentalgroup, River Defense Fund or River War-rior, what a great way to fill your piggy bank by constantly blaming sugar foreverything. Adolf Hitler said, if youmake up a lie and tell it long enough,people will start to believe it. So it seems.

Now the attacks are aimed at the bil-lionaire Mott family, the major stock-holders of U.S. Sugar. The latestabsurdity is to try and draw a connec-tion between the water crisis in Flint,Mich., which the Mott Foundation callshome, to our own issues here. Losing

credibility rapidly.Who is fueling this hysteria? Well,

could it be the billionaire creators of theEverglade Foundation? One of thefounder's families made their money de-veloping the Orlando area—the areawhose runoff is doing the most damageto the northern section of the Indian RiverLagoon. This is also the area that needs tohave its own water retention areas.

The other Everglades Foundationfounder made his billions in hedgefunds. Most hedge funds are heavily in-vested in real estate holdings. PaulTudor Jones spent $71 million on a homein Palm Beach. I don't think the Fanjul brothers houses COMBINED cost thatmuch money. You know the old saying

that the definition of an environmental-ist is someone that already owns their beachfront home!

I recently saw a plea from Mary Bar-ley on behalf of the Everglades Trust begging for money. She said theyneeded $50,000 to fight Big Sugar lobby-ists in Tallahassee. She was begging forpeople to send $10, $15, $20 or "what-ever you can afford" to make up the$8,725 short fall. Really?

She is rich and her designer hand- bag probably costs more than $8,700!

So these billionaires are asking us tospend our hard-earned money so theycan keep theirs. BIG SUGAR is buyingoff politicians, but BIG DEVELOPERSare not? Remember Tom Van Lent's

comment about real estate. Also remember, Washington used our tax dollarsto bail out Wall Street and these finan-cial gurus. Who's buying who here?Now they have an issue that sugar issubsidized?

CONNECTING THE DOTSLet's factor in Florida East Coast Indus-tries and All Aboard Florida. They havemade donations to the Everglades Foun-dation under several companies. Theirmanagement teams are made up of amixture of Wall Street bankers (Gold-man Sachs)--a real class act there—global investment firms heavilyinvested in commercial and industrialreal estate. Add to the mix, former Dis-

ney and St. Joe people whose forte is de-veloping planned communities. One of their guys is connected to a companythat specializes in developing projectson difficult building sights. There is def-initely overlap between these groups.

One of the largest and most poten-tially harmful projects to affect the Treas-ure Coast's way of life is AAF, andneither the Everglades Foundation or theSierra Club is denouncing it. Why? Do-nations supporting fellow real estate de-velopers and private equity firms?

I am sure everyone is up to speed onthe rehab of the Kissimmee River. Butdid you know that Disney is buying upRiver Ranch? Yep, some of the Kissim-

mee River flood plain now bthe mouse house. Again mayreason no one wants to talk ing and cleaning water northof the lake. It messes up theiment plans.

While we all agree more

needs to flow south as part tion, people with no hiddenagendas understand and acTHE solution, but the Evergdation group is fixated on othe land south of the lake.

I am just saying that if ywanting to be a part of the that will possibly require hthousands of acres for wateand filtering, why do you eor in some cases outright dneed for purchasing land nand west of Lake Okeechobthey accuse anyone or any gproposes a broader approacpets of agriculture.

DON'T FORGET ENERGYNow there's the energy comyou remember decades ag

Martin County Currents April/May 2016

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Transcript of Martin County Currents April/May 2016