FRIENDS & NEIGHBORS DECEMBER 5, 2021

Tom Campenni

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IN THIS EDITION OF THE NEWSLETTER

This is the penultimate edition for 2021.

Friends & Neighbors has had a good year reporting on the government news in Martin County. We have added to the number of columnists and broadened the range of their topics of interest. What I have tried to do is present not only political and government information but other viewpoints from our neighbors & friends. While I am very proud of the newsletter, it should not be the only place for you to gather information.

I subscribe electronically to the Stuart News and read it every morning along with several other newspapers and newsletters. I read the weekly Hometown News also. You may wonder why I would read the competition. I do not think we are in a competition.

When I started reading the Stuart News back in the mid-1990s, they had many more reporters and covered every government meeting. They did investigative reporting. That no longer occurs. And I am sorry about that.

It is too bad that Martin County does not have much television and radio coverage of our governments. It is too bad that many of us no longer pay to subscribe to a newspaper. It is too bad that the internet rumor mill has supplanted factual reporting.

That is why I do have this newsletter to make sure you have a window onto government in the sunshine. Florida has some of the most arduous laws regarding open meetings. Yet all the laws making sure that government operates with transparency does not matter if no one is reporting on what government is doing in the people’s name.

This week we say goodbye to Herbie Howard with his last column and introduce John Sedwitz. Herbie has been with us for over a year and has explored what it means to be a resident of Hobe Sound. I truly have enjoyed working with him. John lives in Hobe Sound and will give us his perspective on what it means to live there.

We also have Marcela Camblor explaining what design means in planning. Mike Mortell writes about liquor liability as we enter the holiday season. Carol from the United Way and Fletch from Boys and Girls Club give us their take. Hafner, Pine and McChrystal are here this week writing about the holiday.

The Martin County Taxpayers Association has investigated the public Marty bus operation and reports on what they have found. I urge you to go on their website https://mctaxpayers.org/ and read all their articles and papers. And while you are at it, please become a member of MCTA. They need your support to continue informing you of how your tax dollars are being spent. 

Cities, School Board, County, and the Sheriff’s Department send me your announcements and I will run them. Our readers are anxious to know what is happening. We want to help you to inform your citizens.

Besides reading the newsletter you can catch articles and other information by going to our Facebook page, Friends & Neighbors. If you want to read what I have been writing between newsletters you can go to Martin County Moment at here and to our Medium page at here

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IS IT GENERATIONAL OR JUST A BAD IDEA?

During the pandemic, Zoom became a lifeline to families, businesses, and governments. My question is it still necessary?

Last summer, I was becoming fed up with Zoom meetings. I was beginning to see it as a way for people not to be engaged yet claim to be. Whether it was for business, non-profit meetings, or government boards, the platform was being used to have your avatar appear to be at a meeting while sitting at home or in your office. In truth many were doing other things while allegedly participating. Several times, I refused to engage in zoom meetings. I came to believe the productivity was negligible and was not worth my time.

I agree that Zoom is better than nothing which was the only alternative a year ago. And for coverage of government meetings, electronic recordings are invaluable when attendance is not possible. Watching it the next day through the county’s tv station or the government’s YouTube channel or, in some instances, their Granicus systems is just like being there.

When compared to these more high-definition systems, Zoom is not as good. One thing it does have is the ability to comment. When we were shutdown, it provided a way not only to see and hear the meeting but also for public participation. But since we are no longer locked down, any member of the public can attend the meetings and make their points of view known.

The county and school board stopped public comment months ago via Zoom. You can watch their meetings in real time or later. They have plenty of people commenting in person. Indiantown and Stuart still broadcast through Zoom and the public can speak. Indiantown even reads emails. To me that is silly. Again, you want to address your elected officials, do it in person not the lazy way.

This may be a generational issue because at the last Stuart meeting, the manager wanted to do away with Zoom. Commissioners Bruner and McDonald agreed. It even seemed, at first, that Mayor Clarke was in favor. Then Matheson and Meier, the younger commissioners, said we should be moving more toward electronic formats, and it helps transparency.

In my opinion, watching the meeting from home using one of the other methods is so much better than through Zoom. At the last Stuart commission meeting, there were only 3 people on Zoom. Transparency is achieved by broadcasting live through the other methods. What is missing are the folks who are sitting in their homes or offices giving their two cents speaking through a connection filled with static.

Every government should have a link on its website to both a live and subsequent recorded version of its meeting. That would be transparency. I wouldn’t fight it if the legislature mandated that to occur. It is reasonable to expect people who want to make public comments to attend the meetings to do so.  If meeting attendance is not possible, emails can be sent to the commissioners. It is part of the record and commissioners do read them.

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WHAT’S UP WITH COLORADO AVENUE

Just when it seems that things are looking up for Stuart, city government may be imperiling the progress that has been made.

Quality of life issues are taking a toll on civil society throughout the country. We are bombarded daily by news of wolf packs of looters in stores, increases in other property crimes and a general sense of lawlessness due to local governments forgetting its prime directive…keeping citizens safe. While Stuart and Martin County’s crime rates are low, several people have commented on the homeless taking over Colorado Avenue.

Colorado Avenue has been waiting for revitalization for a decade. The City of Stuart has spent thousands of dollars turning the avenue from a highway into a walkable city street. It has public art and has had some success with new businesses opening. It has even been christened as part of the Creek Arts District. That is all in peril now.

There are many causes of homelessness. Drug addiction, mental illness and the loss of affordable housing all contribute to what seems to be an intractable problem. Stuart and Martin County can’t possibly provide adequate housing or, more importantly, the counselling needed to help. That needs to come from the federal and state governments to have any meaningful impact.

Court decisions have not made it easy to prevent the homeless from setting up camp on public property. Yet what about Stuart’s residents’ rights to go for a walk without tripping over someone sleeping on the sidewalk. Are the benches on the avenue the private sofas for those without a home? I and others have seen men publicly urinating on Colorado.

Where is our Stuart PD in all of this? Again, Stuart residents and I have noticed a reduction in police presence in our city. The city wants to have people from all over patronize restaurants, stores and see the city as an arts center. That cannot happen if there is a perception of lawlessness in the very area city fathers want residents and tourists to patronize.

For a while, there was an officer that patrolled downtown on a Segway. I haven’t seen that since Covid. And that patrol was only on the weekends. Officers need to go back to the Segway and foot patrol downtown, in Flagler Park, and on Colorado Avenue. Citizens need to feel safe. If someone is urinating on the sidewalk, that person can be arrested. Those benches are for sitting not lounging. And the sidewalk should be free of obstructions including of the human kind.

At the same time, we all need to advocate for the homeless. Tallahassee and Washington need to provide adequate funding for housing that has a counseling component. But we cannot allow the few to dictate what the many can do. We tried that in the 1970s and 1980s to devastating results for civil society. We need to support the police, but the police need to be seen as doing their jobs by the public not just driving by in their cars.

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OTHER OPINIONS

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NON-PROFIT PERSPECTIVE

By Carol Howaart-Diez

United Way of Martin County President-CEO

December is one of my favorite times of year.  The hustle and bustle of the holidays are in the air.

At United Way, we are getting ready for our Holiday Project to make the holidays bright for thousands of children and hundreds of families who could not afford it otherwise. The toys that fuel this project are from all the local Toys for Tots collection sites across Martin County. For over 30 years, United Way has served as the Local Coordinating Organization for Toys for Tots in Martin County.  This partnership has benefitted so many children and families right here in our community.

In addition, Zweben Law Group hosts a Bike Drive to raise money to purchase bicycles. This year it is harder to find bikes at an affordable price.  In the past, a bike foundation was able to sell bikes at cost plus shipping. Unfortunately, production and supply chains can’t keep up with the recent pandemic-fueled bike boom that has driven up prices. I’m thrilled to report that despite these obstacles, we will be able to purchase almost 225 bikes of varying sizes thanks to funds raised from the Zweben Law Group Bike Drive and other generous donors.

The United Way’s Holiday Project is a huge undertaking. The Martin County School District refers the majority of the families to our program for assistance.  Like Santa, we compare our list of families referred to us with other lists at the Salvation Army and House of Hope, two organizations that also provide Holiday Assistance.  This isn’t to be a Scrooge but it’s to make sure that more families who need assistance during the holidays are served.  Not all agencies share their lists with us, but we make every attempt to collaborate with as many agencies as possible.

For those of you who know me and those who don’t, I love Christmas and, more importantly, SANTA!  It stems from my childhood.  My parents immigrated to America in 1957.  I know that during my childhood my family could have qualified for many programs in our community.  Even though my parents didn’t have much, they somehow managed to spoil us at Christmas time. I am often in awe, considering that was before credit cards.

From this, my love for Santa began. I didn’t know where the gifts were coming from other than I thought a man in a red suit came to deliver presents that I knew my parents couldn’t afford. As I mentioned earlier, this is one of my favorite times of the year.

We at United Way get to help provide families in need with a Christmas filled with good memories. As we get older, we know it isn’t just about the gifts, but also about spending quality time with family. As the years go by and the members of our family change or pass away, these precious memories will be with us for a lifetime.

Since this is my last article for 2021, I wanted to wish everyone a Merry Christmas, Happy Hanukah, Kwanzaa and New Year.  May 2022 be a year of health, joy, and love for each of you.

As always, if you have questions or need more information about United Way of Martin County, please feel free to reach out to me at 772-283-4800, via email, chdiez@unitedwaymartin.org or our website, www.unitedwaymartin.org.

Carol Howaart-Diez’s opinions are her own and may not reflect Friends & Neighbors viewpoint.

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HERBIE’S HOBE SOUND

By Herbert Howard

This will be my final article.

I have written the Hobe Sound articles for Friends and Neighbors for over a year now.  I would like to end with an homage to the editor of this online newspaper.  I am sure many of Tom Campenni’s readers know him personally.

He has been, after all, a public figure for some time.  Sometimes controversial.  Or, actually always controversial.  I have considered “Mr. Campenni” as I tongue in cheek like to call him, a friend for at least 5 years.  Not a long time but seems like we have known each other a lot longer.  Why?  Because, I think, of his honesty.  And, in that, lies his controversiality.

Tom tells it like he sees it.  Often, it’s not pretty or comfortable.  But, if you read his musings without emotion, you will find knowledge, thoughtfulness, and rationale.

Many have contemplated why Tom is so dedicated to bringing you Friends & Neighbors. After all, he spends countless hours and more than a few dollars each month to do so.  Imagine all the meetings he either attends or views online, the people he interviews, and the hours spent writing.  He gets no advertising dollars, nor does he ask for them.  Some wonder if he’s going to run for office again.  He runs away from that, not toward it.

But having served as a City of Stuart Commissioner and on countless boards and committees, he is in a unique position to offer insightful views and advice regarding our beloved county of Martin.  Since our local paper really offers little in the way of news of this county, Mr. Campenni, offers us something real.  An in-depth look at what is going on.

And that, in my opinion is what he is really after…an enlightened citizenry.  “It’s too long” … “There’s so much detail” I often hear.  “So, read what you want”, I reply.  But, read something of it.  And pass it on!  After all, as I like to remind him, Mr. Campenni is not getting any younger.  One day he will become unable to or unwilling to report any longer for his Friends & Neighbors.

So, with that I bid you a wonderful Christmas and a happy and prosperous New Year!  Thanks for reading.

Herbert Howard’s opinions are his own and may not reflect Friends & Neighbors

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HOBE SOUND LOYAL

By John Sedwitz

The holiday season is upon us once again, in the hope that we can reflect on the past year to take stock of our lives. Equally important is how each of us can positively impact the lives of our family, friends, and interactions with people in general. COVID pandemic has created quite a disruption in many people’s lives, but we are of a character that is resilient, resourceful, and compassionate.

As a first generation American (from Austrian and French immigrants), I was taught that Christmas was more importantly a time for giving than receiving, for rejoicing than mourning, for compassion than indifference. That the “holiday spirit” within us is perpetual, it may “flicker” at times, but mostly it “flames”.

Let’s demonstrate the “holiday spirit” in the weeks to come. There are so many ways to show it! Donating time, money, gifts to local charities or to those less fortunate that need our help, such as the Boys & Girls Club of Martin County (Operation Merry & Bright), House of Hope, Hobe Sound Community Chest, Treasure Coast Food Bank, United Way of Martin County “Toys for Tots” program, Big Brothers & Sisters of Martin County, and many others!

Supporting local events in our community such as the Hobe Sound Christmas Parade and Bridge Road Ribbon Cutting Ceremony (December 4^th), Hobe Sound Ministries 24^th Annual Singing Christmas Tree (December 2^nd-5^th), The Apollo School Christmas Tree Lighting (December 3^rd) and Holiday Musicale (December 5^th).

As we approach the New Year and begin to reflect on our resolutions for 2022, let’s consider how each of us can “give back” through volunteerism and activism for programs or causes that can improve the overall quality of life for individuals, neighborhoods, and communities in southern Martin County. Attend or watch Board of County Commissioner meetings to gain insight regarding County developments and decisions impacting our community now and in the future.

In conclusion, there are many opportunities for each of us to keep our “flame” burning brightly for our individual satisfaction/purpose and the common good of Martin County.  Now that’s the “holiday spirit” we can embrace year-round.

John Sedwitz’s opinions are his own and may not reflect Friends & Neighbors viewpoint.

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PINE’S PONDERING

By Tom Pine

With the Holiday season fast approaching I decided to highlight the Salvation Army, a premier safety net throughout the Treasure Coast and 132 countries around the world.

Their fiscal years ended September 30, 2021. They severed 405,000 meals, provided 12,200 services (food, financial aid and clothing) in Martin County. They also helped with rent / mortgage assistance for a total of 370,390 households They paid $47,310 to help with utilities.

Some of the funds they spent this year came through the Cares Act which Martin County distributed to the Salvation Army and the House of Hope.

Compassion House is the Salvation Army’s transitional shelter for homeless women and children. At present they have eight bedrooms with their own private bathroom. While at Compassion House residents are counselled in finances and budgeting and given resources to find affordable childcare.

Residents are encouraged to work and save enough to move into their own apartment as soon as possible. Prior to Covid-19 a typical stay was about three to four months but since the virus rents have spiked over thirty-five percent in Martin County, so residents at Compassion House are now staying longer and longer because it’s so difficult to find affordable place to rent. Which then adds a tremendous amount of stress to the twenty plus women and children on the waiting list for help.

The Martin County Salvation Army is getting close to adding another building to Compassion House because of such high demand throughout the county.

Another program sponsored by the Salvation Army is The Angel Tree Program. Where you can pick a local child in need this holiday season. There are locations throughout the county, #1 is the Treasure Coast Mall #2 is Walmart for a complete list of all locations go to salvationarmymartin.org

Last but not least is the is the Salvation Army’s Red Kettles at Christmas which has been a staple in Martin County for over thirty years, it’s their most visible fundraiser. They presently have fifty kettles throughout the county and are operated Thursday, Friday and Saturday from 10 AM till around 7 PM. They still NEED MORE BELL RINGERS. You can volunteer individually or as a group your participation is needed and would be greatly appreciated. For more information call 772-266-8598

Over the past few commission meeting STAFF has recommended using Cares Act money to pay for Martin County employees fitness program and for other uses around the county. I thought Cares Act money was supposed to be a help line for small business and people that were impacted by the virus not to pay for projects the commissioners have been kicking back and forth for several years now.

At the November 16, 2021, Martin County Commission Meeting I was SHOCKED when Commissioner Ciampi made a motion to delay the planned attacks on the Martin County Growth Management Plan until a later date.

The ground swell of opponents to changing the Comp Plan was what made the difference. There were over thirty sign waving protesters at the entrance to the Commission Chambers, The Guardians of Martin County, 1000 Friends of Florida and Hutchinson Island Preservation initiate all had representation at the meeting that spoke in favor of keeping the Comp Plan intact.

Over the last few years that I have been attending commission meeting it’s a rare event that the majority of commissioners do not cut something in the Comp Plan at nearly every meeting.

Truth to Power

Tom Pine’s opinions are his own and may not reflect Friends & Neighbors viewpoint.

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McCHRYSTAL’S MEANDERINGS

By Frank McChrystal

For the first time ever, I notice the phrase “happy holiday” being used at Thanksgiving.

Just like magic, instantly every media outlet was spewing out the mantra once reserved for the politically incorrect holiday of Christmas.  Apparently, those among the “woke” mob have decided to take issue with Thanksgiving.  It must have something to do with the Christians mistreating the native Americans.  Or, better yet, it is right and just to hate anything as unique and celebratory about America as Thanksgiving.  C’mon man, when does it stop?  Soon, very soon.

Apparently, Halloween is the “woke” mob’s favorite holiday.  And that makes total sense.  Halloween’s origin is traced back to the ancient pre-Christian Celtic festival called Samhain.  The pagan Celts lit fires and dressed in costumes to fend off evil spirits on November 1st because this was the day that the souls of the dead returned to their homes.  Now that is indeed a “happy holiday.”

Happy American Thanksgiving everyone!  2021 is truly a year to be thankful for. It will be remembered as “the great awakening”.  The once comfortable “silent majority” is comfortable no more and they are questioning everything.  The bear has been poked.

The silent majority has finally been prodded into action.  They are waking up to the corruption and disfunction at every level of government.  Their awareness of the incestuous relationship between government, media, and big pharma grows every day.  And sadly, they are confronted with the abject failure of the big pharma controlled industrial hospital system during this pandemic.

Merry Christmas!!  Say it loud! Say it proud! On December 25th we celebrate the birth of Jesus Christ, the son of God.  And God created and blessed the United States of America to be a beacon of freedom and liberty for the entire world.  And Christian principles have guided us throughout our short but undeniably great history.  Merry Christmas!  Say it loud.  It is much, much more than just another “happy holiday”.

Happy New Year!  2022 will be a historic year for America.  The newly awakened will be silent no more.  They will finally recognize that they are a two thirds majority.  This unstoppable force of black, white, brown, and yellow will start the process of changing America.  This newly formed coalition will rise up against all political leaders who promote the decades old globalist agenda to throw the American worker into the worldwide labor pool.  The arduous process of reforming every corrupted institution we once believed in, will get started.

Happy Thanksgiving!  Merry Christmas!  Happy New Year!  There are turbulent times ahead but remember what Robert Frost once said, “The best way out is through”.  Soon, very soon.

Frank McChrystal’s opinions are his own and may not reflect Friends & Neighbors viewpoint.

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HAFNER’S CORNER

By David Hafner

With the challenges of getting goods to the stores and with thanks for what we have freshly on our minds, maybe this year it is time for a change in the way we think about Christmas.

We are seeing disruptions in the supply chain all around us. Christmas tree lots with low inventory, store shelves in short supply of ingredients for our favorite holiday foods- if they aren’t missing altogether, and predictions of toy shortages being reported in every newscast followed by images of cargo ships sitting off the coast of California.

Just a week ago we sat down with our families and friends and shared a meal giving thanks for everything we have, a meal symbolic of the first Thanksgiving shared between the Pilgrims and the Wampanoag tribe 400 years ago, in 1621.

What’s funny to me is as soon as we were done giving thanks and the tables were cleared Americans countrywide began purchasing items to put under their Christmas trees. More, more, more. The seed of urgency from the supply shortages had been planted and people were feeling the spending rush.

“Maybe Christmas, he thought, doesn’t come from a store.
Maybe Christmas, perhaps, means a little bit more!”

What if we got away from the commercialization of Christmas? What if we returned to the true meaning of the holiday? According to the Bible, Matthew 2:11, even Jesus only received three gifts on His birthday. Why do we feel the need to stretch ourselves financially with loads of gifts when really we should be treasuring the small things and the things money cannot buy- time, company, and love.

“Welcome Christmas. Bring your cheer,
Cheer to all Who’s, far and near.

Christmas Day is in our grasp
So long as we have hands to grasp.

Christmas Day will always be
Just as long as we have, we.

Welcome Christmas while we stand
Heart to heart and hand in hand.” – How the Grinch Stole Christmas! by Theodor “Dr. Seuss” Geisel.

David Hafner’s opinions are his own and may not reflect Friends & Neighbors viewpoint.

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PLANNER’S PERSPECTIVE

By Marcela Camblor

Design Matters

As long-time residents, and even those who just moved here, we all “know” what our community is about.

We want to preserve our safe, small town feel and character, we want to protect our environment and maintain our great schools. We want to see enough people in our shops and restaurants to have a thriving economy. However, some feel that we are growing too much, too fast, that development is being approved even as we sleep, and that what is coming out of the ground has little to do with that vision we all cherish. As a result, many are urging our leaders to “slow down.”

Development has certainly increased, but it raises the question, are we growing too much? Or are we just growing too ugly? Is it possible that density is being proposed and approved in the wrong place, hampering density and growth in the right location?

What about the way new developments integrate (or mostly don’t) with our existing fabric? Most of our rules and regulations (zoning and land use) have not changed. Yet it appears they are not yielding our presumed vision for the future.

I read the County and City of Stuart rules almost daily. And I can tell you that nothing, not one paragraph of the land development regulations (except for the Martin County CRA’s and Newfield) gives me the tools to direct developers to a specific vision. There are plenty of complicated regulations that carefully guide landscaping – every preferred plant is detailed.

There is a lot of emphasis on parking. There is an obscene amount of care about not exceeding, by a single inch, the height of a building. But there is no mention to what we want our neighborhoods to look like. Our land use maps, comprehensive plans and zoning regulations are not “vision plans.” They have important, valid rules, but no clear direction for the elements that we all, in the end, want to experience and see. So, when projects come out of the ground and we don’t like them, we feel development needs to stop altogether.

Our codes and our approval processes have been under-estimating the importance of design versus mere planning. The problem is not with the rules that we have, but with the fact that there is little to no emphasis on design. Our codes do not require great design.

When negotiated developments (PUD’s) and development proposals are evaluated solely to meet data or to appease a crowd, following the land use, zoning rules, and providing the required number of open space and parking spaces are simply no guarantee that a development will be good for the neighborhood.

Height and density are complicated and emotional planning concepts people react to, but they are not the problem. The problem is that as new developments come out of the ground, instead of real, walkable environments with architecture that stimulates the human spirit, we are faced with projects that are disconnected, with little to no character, surrounded by parking and mostly behind walls, as if protecting future residents from the town that attracted them in the first place.

See the images below. They compare side-by side projects approved with the same density, same height, same land use, same zoning, etc. yet designed to address the surrounding neighborhood very differently:

Baldwin Park, FL. View from the public realm.

Tradition, FL. View from the public realm.

Stuart, FL. View from the public realm.

                      Palm Beach Gardens, FL. View from the public realm.

Residential density as a policy is one of the most important tools local governments have to guide the character, scale, sustainability and economic resilience of a community. Density is a crucial factor in measuring the environmental impact of development because it affects land consumption, stormwater runoff, automobile usage and transit potential. But without great design, density and more development can easily result in a lower quality of life.

Development success begins by defining a clear vision and focusing on making sure each approved project enhances, improves, and completes the community as a whole. With ensuring that as a result of each new development, our cities will be more pedestrian friendly, bike friendly, ADA friendly, and even car friendly.  With making sure projects include a variety of housing types that relate and interconnect, with human scale, to the existing fabric. With focusing more on what we see and how we experience development that in simply meeting generic data.

Raising a final question: Can thoughtful building design reduce opposition to housing density? The answer is heavily yes.

Marcela Cambior’s opinions are her own and may not reflect Friends & Neighbors viewpoint.

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THE LAW EXPLAINED

By Michael Mortell Esq.

The 18^th Amendment is recognized as the only addition to the United States Constitution that inhibits a freedom enjoyed by the citizens of the United States rather than expanding one.

Before I go on, it should be noted that this writing is intended for entertainment purposes only and should not be considered legal advice or any other type of advice.

On December 5, 1933 (just in time for Holiday Parties), Congress adopted the 21^st Amendment to the Constitution repealing the 18^th Amendment which had provided for prohibition of alcohol. Essentially the 21^st Amendment transferred the regulation of alcohol from the federal government back to the individual states.  What followed was a series of individual state laws which defined the liability associated with the sale and distribution of alcohol.  These laws were commonly known as Dram Shop acts because in the 18^th century, businesses that sold alcohol were called Dram shops.  A dram, also known as drachm, is a liquid measure equivalent to 1/8 of an ounce.

Even though the federal government relinquished the regulation to the states in 1933, it was not until 1980 that the Florida Legislature adopted Florida’s Dram Shop Act which can be found at Florida Statutes, Section 768.125.    The entire act is short enough to include herein:

768.125.  Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

              Pinterest

The Florida Dram Shop Act regulates liability for those furnishing alcohol and includes two distinct exceptions.  The first exception to immunity is when the host willfully provides alcohol to someone under the age of 21. To truly understand the impact of this immunity language, it is important to focus on the word “knowingly.”  For example, if a minor shows a fake ID to a restaurant, did the host knowingly serve a minor?  On the other hand, would it be the same outcome if the minor shows a fake ID to his aunt at Thanksgiving dinner?  The burden to prove the business or social host knowingly served a minor is on the person bringing the claim.  Each case will be resolved based upon its own individual factual circumstance.

There other exception described in the Statute pertains to furnishing alcohol to a person known to be habitually addicted to alcohol.  The statute does not say that a social host is liable if they furnish alcohol to someone that is already intoxicated.  It must be shown that the person was habitually addicted. Other states including Georgia’s Dram Shop Act include the following language:  … a person who knowingly “furnishes or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable….” Florida does not include language pertaining to noticeable intoxication or knowledge of driving.  Habitual addiction appears to be a difficult fact to prove but there are circumstances where either a commercial establishment or a private social host might be aware of the intoxicated person’s habitual addiction.  In those cases, Florida will impose liability.

If you are planning to serve alcohol during this holiday season, you can responsibly serve alcohol without exposing yourself to liability as long as you do so legally.  The initial waiver of liability is broad and includes the example of driving while intoxicated and causing a traffic accident or physical altercations and vandalism caused by the intoxicated person.  It should be noted that the law does not protect the intoxicated person that causes the damages from liability.  It only applies to a waiver of liability if the host provided the alcohol.

Remember, the law was written for the purpose of defining liability for a person providing alcohol.  If a social host furnishes alcohol in a responsible manner, there should not be an exposure to liability just because alcohol was served.

Have a happy and safe holiday season.

Michael Mortell’s opinions are his own and may not reflect Friends & Neighbors viewpoint.

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FLETCH’S PERSPECTIVE

By Keith Fletcher CEO & President of

Boys & Girls Clubs of Martin County

Recently, I had the privilege of teaming with Elisabeth Glynn of United Way of Martin County to co-chair the Treasure Coast Chapter of the Association of Fundraising Professionals’ National Philanthropy Day celebration.

Thanks to the planning and hard work of the volunteers and committee—whose members represented 11 social-service agencies, one government entity and Indian River State College—the event successfully showcased the need, capabilities, creativity, and generosity of our area.

In this season of gratitude and giving, it made me more appreciative for a community whose members not only thankfully contribute to the Boys & Girls Clubs of Martin County (BGCMC), but that also prioritizes dedication of time and resources to make a real difference for local people in need.

At BGCMC, we’re proud of the impact of our efforts, but we’re also humbled by how we achieve results. This year, we served more than 2,100 registered club members and impacted more than 4,200 kids through our presence in schools.

Working at six schools—five middle and one elementary—our AmeriCorps program helped students improve their reading and math scores.

Martin County School District, our partner, helps make this possible. We also team with the district on a data-sharing agreement that provides real-time insights into members’ academic performances, so our certified teachers know where to concentrate efforts during afterschool learning sessions.

Tykes & Teens helps provide mental health training to our team and interventions with some members. Visionary School of the Arts enriches our members’ artistic instruction.

This year the Stuart Air Show gave our members an unforgettable experience that included lessons from WPTV Meteorologist Steve Weagle, who was broadcasting live from the show, about the equipment Hurricane Hunters use to track storms.

Funding partners such as Children’s Services Council of Martin County, Hobe Sound Community Chest, United Way of Martin County, ensure the sustainability of key programs.

This is only a sampling. Our list of partners, which includes, Humane Society of the Treasure Coast, Indian River State College, Martin Health/Cleveland Clinic, Martin County Commissioners, and so much more, goes on and on.

Of course, so does the needs of the children we serve. After all, BGCMC members overwhelmingly live in the toughest neighborhoods, endure difficult family dynamics, and face the highest levels of food insecurity. But thanks to our partners and a giving community, the kids have a safe place to grow, thrive and nourish the talents and abilities that will help them achieve the future they dream of and deserve.

Keith Fletcher’s opinions are his own and may not reflect Friends & Neighbors viewpoint. 

10

Martin County Taxpayers Association

Are We Being Taken For A Ride?

By far the most asked question of the MCTA is “Why do we have those Marty buses if they are always empty?”  So, we endeavored to find the answer.

We met with Mr. Bill Powell recently hired as Transit Administrator right from Atlanta, GA.  When we approached Mr. Powell with this question, he wondered at what times during the day these observations were made.  Because he claims that current annual ridership is 100,000 trips.  That is not persons riding MARTY, but trips.  So, one rider could be counted a multitude of times. He claims that there is no way to know the number of riders.  MCTA found that odd because riders must purchase bus passes.  Those purchases would identify riders.  Indeed, riders Mr. Powell identified as students and lower wage earners, elderly persons and visitors who don’t know there way around, veterans going to the VA in West Palm Beach.

It is true that Federal Grants (which are always spoken of as though they don’t really come from the taxpayer’s pocket) pay for the actual buses themselves.  For your information, each bus costs approximately $450,000.  It is all the extras that the county taxpayer gets stuck paying.

What is curious is that Mr. Powell is intent on building a bus terminal.  Of course, he wants to expand ridership through marketing.  Indian River County’s Go Line has approximately 50 routes compared to Martin County’s 5.  And some of those routes according to a local transportation expert should be rearranged to reach more riders.  In MCTA’s opinion, Mr. Powell should fix what can be fixed and see if ridership improves by more accurately counting ridership before going for a grant to build a bus terminal.

The costs incurred by the County for MARTY are the following operating expenses:

$ 797,720     There are two major contracts.  One with MTM for the transport portion and one to verify a person’s eligibility for ADA (disability) eligibility service.

$     7,840     This is a contracted service through a temp agency for an individual who collects the garbage at each stop and reports a need for repair or maintenance.

$        700      IT oversight

$     4,921     Data/wireless services and modems for data feeds

$        222      Freight and postage including mailing for ADA applications and a delivery fee for a trailer and shipping when bus cameras must be sent in for repair.

$          40      County pickup truck repair for the temp doing the garbage referenced above.

$   53,839       Software upgrades and maintenance for GPS systems, directional guidance to                                                             drivers and for scheduling requests.  Software for the cameras on the buses.  There are 8-9 cameras on each bus.

$ 1,346        Printing brochures and paper passes

$       59        A collection fee for token transit

$11,100       Includes 3 driver transport vehicles that are leased for driver shift changes.  Also, a pickup truck for the person doing the garbage pickup or if staff needs to travel to check on an issue with the buses.  Some of the cost is offset by the county’s vehicle replacement system.

$     307        Office supplies

$ 2,699         Purchase of a cargo trailer to haul pressure cleaner and other needed supplies for        maintenance of the bus stops.

$3,759         Replacement of the security cameras where the buses are housed when not in use

$1,406         Purchase of masks, gloves etc. because of COVID

$    632      Fuel for the pickup mentioned above

$      34      New keyboard

$    654     Publications and association dues

$    125     Conference fee

Total – $887,403.

However, MCTA could see where $307 for PPE (optimistically) would not be an annual cost.  Nor should the $3,759 for the replacement of the security cameras.  Non-the-less, after subtracting those costs, MARTY still costs the county $882,238 annually.  Or, $8.82 per ride.

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CONSTITUTIONAL CORNER AND OTHER GOVERNMENT NOTICES 

And from our Supervisor of Elections:

From The Clerk of The Court:

From the Property Appraiser

Tax Collector

Ruth “Ski” Pietruszewski, Martin County Tax Collector

Happy New Year!  Happy 2022!

New Law Pending for Mobile Home Registrations

The year goes out as one of the busiest days in the tax collector’s office, because three state deadlines fall on this date.  December 31^st is the last day of the three percent discount period for paying Florida property tax.  December 31^st is the last day to renew mobile home decals.  In addition to those two deadlines, all heavy trucks over 8,000 lbs. are due to be renewed on December 31^st.

In the past, trucks over 5,000 lbs. were all due on December 31^st.  Last year the legislature passed a bill that changed those registrations to be due on the owner’s birthdays. This new law eased the burden of the large crowds coming into tax collector’s offices on December 31^st. This year the legislature has drafted similar legislation to do the same for mobile homes and change the registration due date to the owner’s birthday. The bill, if passed, will not be effective until next year.

Renew early, so you don’t get trapped in the tax collector’s office on New Year’s Eve. Vehicle registrations may be renewed three months prior to their due date. Driver’s licenses may be renewed eighteen months prior to their expiration date. We have “Same Day-Next Day” vehicle registration service at all four locations and may be accessed through our website, https://martintaxcollector.com.

Stuart Location-Main office                                        Palm City Branch                                                             

3485 S.E. Willoughby Blvd                                            3001 S. E. Martin Downs Blvd

Stuart, FL  34994                                                              Palm City, FL  34990

Hobe Sound Branch                                                        Indiantown Branch

11734 S. E. Federal Hwy                                                16550 Warfield Blvd (in govt complex)

Hobe Sound, FL 33455                                                    Indiantown, FL  34956

Walk-ins are welcome at all locations, and the main office has a new service to serve you better- “Parking Lot Pickup.” Scan the bar code on the large poster in the front office to use that service. Taxpayers may go online to renew and have their decal or license plate mailed to their home, or they may just mail in their registration notice in the enclosed envelope and receive their decal or license plate by mail.

Why not in this new year try our nifty new “KIOSK” service? Our kiosk is available at the Publix in Palm City at 2750 Martin Downs Blvd and is available any time Publix is open. Your registration can be renewed instantly “on the spot” in three easy steps in less than two minutes. Any Florida resident from any county may use our kiosk. How convenient to make one trip (especially with the price of gas skyrocketing) and renew your vehicle registration while you are shopping!

We are here waiting to serve you! We wish everyone health, happiness, and a blessed New Year!

MPO

Most people are unaware that their voices do count when it comes to decisions being made in their community and we would like to make sure that Martin residents know their opinions matter.

The Martin MPO is looking to spread the word on how the public can get more involved in the community with respects to transportation and are asking for your help.

In this link is a video created by the MPO that we are asking if you would be so kind to share it with your contacts, add into your email communications or share on social media.

https://www.youtube.com/watch?v=VvXjGkujsv0

From Mark Miller:

Your two pieces about smaller government and property rights – the government-run beach food stop and fight against Costco – are spot on. Americans do not need self-styled “Supermen” in government “to protect” them — they need the government to do its job efficiently and well and then get out of the way of the free market.

Thanks Tom,

Next from Kathryn Martinez:

I think you definitely add your personal thoughts and bias too often in your articles. I wish you would just report the facts on both sides.

Walter & Bobbie Deemer reporting on the LOSUM schedule as reported for League of Women Voters in Martin County:

The main focus was on the Army Corps of Engineers final Lake Okeechobee System Operation Manual plan released this week. The bottom line: As far as the St. Lucie Estuary is concerned, it’s better than what we have now and is the best of all the proposed revisions — but it’s still not as good as what they proposed last summer.

So although we’re getting very, very close to the end of this three-year process, there still may be some fights left

Kathy Herbst had a question regarding the Creek District:

Hi Tom,

The people in our neighborhood (Akron, California, Camden, 5th, 6th) are just learning about the CRA and changes to zoning

for the ‘Creek District’. We were wondering what you might know about this and what your opinions are about it.

Thanks,

My answer:

Well, it will be a form based code. The line is not extended to your neighborhood. It will make it a truer arts district. Nothing has been done yet. They are in early stages. I did speak to the TCPC that is creating the code. 

I think anytime we can have less ambiguity the better. As you probably know Colorado was supposed to promote 2 story buildings with shops on the bottom and apartments above. Street facing with parking in the rear. That of course has not happened once in the 20 years that has existed. The promotion of a more walkable area. As the code develops, I will write about it. Any questions give me a call and I will be glad to discuss further.

Then I wrote Jessie Seymour at Treasure Coast Regional Planning Council:

Jessie:

I have been approached by residents in Potsdam about the Creek District. If you think it is a good idea we can set something up for you to interview them. Rumors spread and the next thing you know we will hear you want 6 story buildings.

Let me know. Happy Thanksgiving.

Ms. Seymour back to me:

Absolutely, please pass on my contact information to anyone who has questions, or I can reach out to them first if they are comfortable with that.

I currently have December 1 put aside for interviews. After that they will need to be after the East Stuart Vision Workshop which is on December 9.

Best,

Jessie

And then sending the info to Kathy:

I reached out to Jessica Seymour from the Treasure Coast Planning Council regarding the Creek District. She would be more than willing for you and others to be interviewed about possible changes to the Creek District.

You can contact here:

Jessica Cortor Seymour, RA, LEED AP
Regional Planner,  Treasure Coast Regional Planning Council

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CHRISTMAS THOUGHTS

Thanksgiving is over and we have entered the Christmas season. I know for many; Christmas began the day after Halloween but for me it never starts until after Thanksgiving.

The holiday music channels have been on Sirius for weeks. The decorations are up in stores, and the countdown to the big day is going strong. For as long as I can remember, I have heard people say they deplore the commercialization of Christmas. Then they see no inconsistency with measuring the holiday with how many gifts they have given and received.

Yet each year, I look forward to the season. I put on the Christmas music and look for a handful of old movies that have meant Christmas to me for as long as I can remember. And I put up the tree, decorate, and drink eggnog.

Christmas does symbolize the birth of Jesus. The season held a more religious significance when I was younger. As I grew into adulthood, it became less so even as I tried to impart religious significance when I had little ones. As a child we sang religious hymns such as “Come All Ye Faithful” and “Silent Night,” practicing them at home before going to mass.

One thing about those huge city churches of my youth…it seemed as if thousands would be at mass. Any single individual seemed insignificant, yet I knew I was part of a much larger communion of saints of those living, deceased, and not yet born that is contained within the Apostles Creed. In those much simpler days, it was so much easier to have belief in one God and the mystery of the Trinity.

Pinterest

So at least for me, the Christmas Season, brings back my childhood for a brief time. A time when the dark cold evenings would begin around 5 pm. Perhaps I was already home or would soon be there. The tree was decorated and there would be presents. But ultimately, we all knew what the presents, the tree, the hymns, and the masses symbolized…it was the birthday of Jesus.