By HENRY A. STEPHENS
henry.stephens@scripps.com
April 29, 2007
"Charter government" is a term often used in Indian River County political debates these days, but not well understood by many people outside government circles. Several readers have requested answers to their questions: Q. In voter-friendly terms, what is charter government?
A. A charter is a document that spells out the powers, duties and structures of government and the rights of citizens. It is often compared to constitutions at the local level.
Q. So why are they controversial?
A. Florida cities have had charters for years. Counties traditionally did not.
City voters approve their charters when they incorporate. The charter provides for the City Council's terms in office, defines its powers and that of the city administration — and the rights of voters to approve or reject certain City Hall proposals or recall council members from office. But originally, counties were mostly rural and didn't have charters. They were set up by the state, not by voters, and the state decided what powers are granted to county officials.
Vero Beach voters, for instance, can recall a City Council member or vote on an exception to the city height limit. Indian River County voters can't recall county commissioners from office or approve most county proposals. Since the late 1960s, however, Florida law has allowed counties to have charters, if their voters approve, and attain city-type powers.
Q. Would any elected positions change?
A. Florida law allows charters to transform the duties of their elected "constitutional" officers — the sheriff, property appraiser, tax collector, clerk of court and supervisor of elections — to appointed staff positions under the county administrator. The proposed Indian River County charter, however, has provisions to retain the voters' rights to elect their constitutional officers.
Q. What role do county commissioners play in charter government?
A. Commissioners would have the same role as now, setting countywide policy. The proposed Indian River County charter, however, would expand the policy they can set to include planning for areas west of the Urban Services Area boundary. Any changes would be allowed only by a countywide vote — or a 4-1 vote of commissioners if state law doesn't allow the referendum.
Q. Can the public make sure commissioners don't abuse the power of a charter?
A. Voters can reduce commissioners' opportunity for abuse by insisting the charter include a recall provision. This way, they can collect petition signatures and put a commissioner on the ballot for a recall vote.
Q. What prompted the current move?
A. County Commissioner Gary Wheeler and charter supporters want to prevent what they call South Florida-style growth. So their proposal is to only allow changes to the Urban Service Area if countywide voters approve. But this puts the county at odds with Fellsmere's right to annex agricultural land outside its city limits and rezone it for residential density.
Having a city charter and a county charter in effect would put cities on a new footing with the county. So the constitution requires county charters to spell out whether the city ordinance or county ordinance would prevail inside city limits in case of a conflict.
Q. What would the proposed charter allow?
A. Unless it is changed before it goes to ballot, it would:
• Require countywide votes, or at least a 4-1 commission majority, for changes in density of agricultural land or exceptions to the county height limit.
• Provide for recall elections for county commissioners, but not constitutional officers.
• Leave unchanged county commissioners' salaries and scheduled raises.
• Provide for voters to petition for certain new ordinances. They must gather a petition of at least 8 percent of the voters in each commission district and present it to the commission. If commissioners decline to adopt the new ordinance, it would go to referendum and become new law if passed.
• Provide for commissioners or voters to amend the charter. Commissioners would just need a 3-2 majority. Voters would need to collect a petition of 12 percent of the electorate in each district. Then it would go to the ballot if the commission doesn't adopt it.
Provide for commissioners or voters to amend the charter. Commissioners would just need a 3-2 majority. Voters would need to collect a petition of 12 percent of the electorate in each district. Then it would go to the ballot if the commission doesn't adopt it.
• Prevent charter amendments that would change constitutional officers' positions.
Q. How do residents of a Florida county adopt a home rule charter?
A. State law provides for either the voters, a special charter commission or the County Commission to draft the proposed charter. But in each case, county charters can only be adopted upon a vote of the countywide voters in a special election.
Q. How many Florida counties have adopted charters?
A. Of the state's 67 counties, 19 have charters. The nearest charter counties to Indian River are Palm Beach (1985), Osceola (1992) and Brevard (1994). For the full list, visit the Florida Association of Counties' Web site, www.fl-counties.com.
Q. Has any county repealed charter government?
A. None, says Stetson University Prof. T. Wayne Bailey. Having been a charter-government consultant across the state for years, Bailey says some counties have repealed certain provisions — such as Sarasota County's short-lived change to an appointed sheriff — but none have ditched the entire charter. Volusia County voters once had a referendum to repeal the charter and it lost.
From Florida Constitution, Florida Association of Counties and Dr. T. Wayne Bailey
Monday, April 30, 2007
Monday, April 16, 2007
Plans to lower property taxes
Senate plan to save property owners $11B in taxes
By MICHAEL PELTIER
staff writer April 13, 2007
The Florida Senate unveiled its property tax relief package Thursday that retains Save Our Homes protections while providing, backers say, long-term predictability without unduly hindering local governments. "This is an across-the-board plan," said Sen. Mike Haridopolos, R-Indialantic and chairman of the Senate Finance and Taxation Committee. "We're trying to help every single Florida taxpayer, whether that is a first-time home buyer, a person who feels trapped in their home because they have a growing family or are an empty nester."
The proposal is the latest in a series of plans unveiled over the past several weeks as lawmakers try to address a statewide hue and cry over skyrocketing property tax rates. Fueled by a white-hot real estate market beginning in 2004, property taxes have soared across the Treasure Coast.
The Senate plan would save taxpayers about $11 billion over the next five years. The House plan provides $6.3 billion of property tax relief in the first year and up to $15.8 billion by the third year.
Several steps are needed for the Senate plan to become law. Provisions for increasing the homestead exemption and tangible property taxes, and for allowing portability of Save Our Home savings, would have to be added to the state constitution. Backers would need to convince three-fourths of their colleagues to agree to put the issue on the November ballot.
More plan details will become available today as Senate finance and taxation members discuss the proposal. A committee vote is expected Tuesday.
COMPARING THE PLANS
Other property tax rollback plans proposed this legislative session:
HOUSE
Roll-back tax rates immediately to 2000-2001 levels adjusted for inflation. Voters would be asked to approve a constitutional amendment that eliminates property taxes on homesteaded residences. Increasing the state sales tax by 2.5 cents would make up lost revenue.
DEMOCRAT
Allow homeowners to carry up to $250,000 of Save Our Homes benefit to a more expensive home. Measure also would relax Save Our Homes cap by allowing local property appraisers to raise assessed value of a home more than the 3 percent now allowed under the 1992 constitutional amendment. Plan requires two constitutional amendments, one for portability of savings and second to increase annual property assessment.
GOVERNOR
Double the $25,000 homestead exemption and allow homeowners to carry their Save Our Homes tax savings to new homes, and expand exemptions to businesses.
SENATE REPUBLICAN
Plan highlights unveiled Thursday:
• Roll-back property tax rates to 2005-2006 levels. After accounting for population growth and inflation, rates would be frozen for two years. After that, local governments could not increase revenue by more than the inflation rate. Public school districts would not be required to roll back rates.
• Retain Save Our Homes protections for homeowners and allows them to transfer up to $500,000 in savings when they move. If a homeowner purchases a more expensive home, tax increases would be limited to 10 percent a year until the tax equaled the new property's purchase value. Thereafter, the increases would be capped at 3 percent.
• Give first-time homebuyers an additional $25,000 homestead exemption, bringing the total to $50,000.
• Provide small businesses with $25,000 tangible personal property tax exemption. Sponsors say that would eliminate the need for almost 1 million businesses to file tangible tax returns and reduce the amount paid by 300,000 more businesses.
• Help landlords by assessing their property based on rental income, not market value, which is often higher.
By MICHAEL PELTIER
staff writer April 13, 2007
The Florida Senate unveiled its property tax relief package Thursday that retains Save Our Homes protections while providing, backers say, long-term predictability without unduly hindering local governments. "This is an across-the-board plan," said Sen. Mike Haridopolos, R-Indialantic and chairman of the Senate Finance and Taxation Committee. "We're trying to help every single Florida taxpayer, whether that is a first-time home buyer, a person who feels trapped in their home because they have a growing family or are an empty nester."
The proposal is the latest in a series of plans unveiled over the past several weeks as lawmakers try to address a statewide hue and cry over skyrocketing property tax rates. Fueled by a white-hot real estate market beginning in 2004, property taxes have soared across the Treasure Coast.
The Senate plan would save taxpayers about $11 billion over the next five years. The House plan provides $6.3 billion of property tax relief in the first year and up to $15.8 billion by the third year.
Several steps are needed for the Senate plan to become law. Provisions for increasing the homestead exemption and tangible property taxes, and for allowing portability of Save Our Home savings, would have to be added to the state constitution. Backers would need to convince three-fourths of their colleagues to agree to put the issue on the November ballot.
More plan details will become available today as Senate finance and taxation members discuss the proposal. A committee vote is expected Tuesday.
COMPARING THE PLANS
Other property tax rollback plans proposed this legislative session:
HOUSE
Roll-back tax rates immediately to 2000-2001 levels adjusted for inflation. Voters would be asked to approve a constitutional amendment that eliminates property taxes on homesteaded residences. Increasing the state sales tax by 2.5 cents would make up lost revenue.
DEMOCRAT
Allow homeowners to carry up to $250,000 of Save Our Homes benefit to a more expensive home. Measure also would relax Save Our Homes cap by allowing local property appraisers to raise assessed value of a home more than the 3 percent now allowed under the 1992 constitutional amendment. Plan requires two constitutional amendments, one for portability of savings and second to increase annual property assessment.
GOVERNOR
Double the $25,000 homestead exemption and allow homeowners to carry their Save Our Homes tax savings to new homes, and expand exemptions to businesses.
SENATE REPUBLICAN
Plan highlights unveiled Thursday:
• Roll-back property tax rates to 2005-2006 levels. After accounting for population growth and inflation, rates would be frozen for two years. After that, local governments could not increase revenue by more than the inflation rate. Public school districts would not be required to roll back rates.
• Retain Save Our Homes protections for homeowners and allows them to transfer up to $500,000 in savings when they move. If a homeowner purchases a more expensive home, tax increases would be limited to 10 percent a year until the tax equaled the new property's purchase value. Thereafter, the increases would be capped at 3 percent.
• Give first-time homebuyers an additional $25,000 homestead exemption, bringing the total to $50,000.
• Provide small businesses with $25,000 tangible personal property tax exemption. Sponsors say that would eliminate the need for almost 1 million businesses to file tangible tax returns and reduce the amount paid by 300,000 more businesses.
• Help landlords by assessing their property based on rental income, not market value, which is often higher.
Low water levels cause concern
Indian River County's low water levels causing conflict on shore
By ED KILLER edward.killer@scripps.com April 9, 2007
FELLSMERE — In the Garcia Reservoir south of Fellsmere, bass anglers are running aground. The 15-month-long drought gripping Florida is pinching off vital avenues of navigation. And access to favorite fishing holes are drying up for boaters and anglers throughout the Treasure Coast.
Evaporating waters are receding from boat ramps and bringing sand bars, rocky areas and submerged obstructions in closer proximity to boat hulls and propellers. With an estimated two more months of dry weather in the forecast,anglers and boaters planning trips to Blue Cypress Lake, the Stick Marsh, Garcia Reservoir, C-25, C-24, C-23, the St. Lucie Canal or Lake Okeechobee can expect to find more boat ramps that fail to reach the water's edge. Even where there is enough water to launch a boat, running aground is often an expensive — and dangerous — proposition.
'HISTORICAL LOW WATER LEVELS'
The South Florida Water Management District reported that the past 15 months have been the driest on record for this part of the state. Almost all of the Treasure Coast's freshwater ponds, lakes and canals are recharged solely by rains.
"Based on the extended forecast, we could get pretty close to what may be historical low water levels," said Boyd Gunsalus, senior environmental scientist with the district.
Measurements on Lake Okeechobee indicate water levels are dropping at rate of about 0.11 inches per day or a little more than an inch a week.
The St. Lucie Canal — the eastern segment of the Okeechobee Waterway that bisects the state — is an important conduit that enables recreational and commercial boat traffic to travel across Florida rather than around it saving 206 miles. It's worth $55 million of economic development value to the state.
RUNNING AGROUND
However, as the average depth of Lake Okeechobee and its surrounding canals approach historical lows, boaters and anglers are feeling impacts that have far reaching effects — both good and bad. Docks along the canal reach out into thin air and stand eight feet above dry land. Sailboats that moored in ample water in 2005 and 2006 are now lying on their sides on desert-dry canal banks.
The waterway's levels severely impede boat traffic. During the past two weeks, a half dozen large cruising vessels suffered damage after running aground on submerged rocks in the canal, said Eric Bamberg, yard manager of Indiantown Marina.
"This is extreme," Bamberg said. "We've hauled out a few boats that ripped off keels and rudders."
One boat towed in was taking on water and had an estimated $40,000 of damage, Bamberg said.
The drought also is impacting fishing trips.
"The low water is hurting everybody," said Jeanne Middleton, owner of Middleton's Fish Camp at Blue Cypress Lake west of Vero Beach. "We're low, the Stick Marsh is low and (Lake) Garcia is a mud hole. We've been calling customers who were planning to stay with us to let them know they may not be able to get out onto the lake."
Jeanne's husband, Joe, has been at Blue Cypress Lake for 46 years. He said this is lowest he has ever seen the lake in April.
Last week, the St. Johns River Water Management District dug out the access canal from the camp into the lake, so boaters have access until water levels recede more.
Springtime is the best time of year to catch bluegills and Mayan cichlids in C-24 Canal through Port St. Lucie, said Capt. C.W. Bishop. But last week city parks officials were forced to close the ramp at Oak Hammock Park because of low water.
ANY UPSIDE TO LOW WATER?
Low water is not all bad when it comes to fish populations in ponds and lakes, said Jon Fury, regional fisheries administrator for the South Region of the Florida Fish and Wildlife Conservation Commission.
Fury said in the long term, aquatic plant life can re-seed and grow more vigorously in low water.
"Low water level does concentrate fish populations making it easier for anglers and predators like otters, alligators and ospreys to catch them," he said. "But when the fish concentrate, they also become susceptible to other factors. Low oxygen, disease and parasites can become more damaging and when the water drops low enough, the fish stop spawning."
Where anglers can get out onto area lakes, the fishing has been fairly strong, said Jeremy Prouty, a Vero Beach bass angler who fished a tournament on Lake Okeechobee March 31.
"There are spots where boaters cannot get out onto the lake," said Prouty, referring to Harney Pond Canal along the northwest shore. "If you run the main lake, you're really taking a chance. But there really aren't a lot of places to fish right now."
Capt. Mike Shellen is a fishing guide on Lake Okeechobee. His personal pontoon boat sits on dry land in the canal behind his home in Buckhead Ridge.
"This time of year, you'd like to have eight to nine spots where you can fish to reduce the amount of pressure on a specific spot," he said. "Now, I'm down to two or three spots. The fishing is still good, but it will drop off soon."
And in dry times like this people should only be out on the water if they have experience boating.
"I see someone run aground every day," said Shellen noting that airboat owners are charging $250 to pull boaters off sand bars. But it's the rocks and other submerged objects that worry him. "Someone could get killed out here."
***
Extreme low water conditions are affecting motorized boat traffic and fishing throughout the Treasure Coast. Here is a look at some of the impacts:
Lock schedules on Okeechobee Waterway: Eastbound vessels will pass through the lock on even hours between 6 a.m. and 8 p.m. Westbound vessels will pass through the lock on odd hours between 7 a.m. and 9 p.m. Conditions will be evaluated on a weekly basis.
Navigation depth: 4.03 feet
More information: www.saj.usace.army.mil and scroll down for Lake Okeechobee
Boaters can contact Lock Masters on VHF Channel 13
BOATER BEWARE
Channel Marker 52 in the Okeechobee Waterway east of Port Mayaca has become a hazard to navigation. In the past two weeks, several vessels passing through the St. Lucie Canal have run aground on submerged rocks near Marker 52.
Boater assistance: SeaTow and Towboat U.S. have stepped up assistance efforts on the Okeechobee Waterway. Boater's in need should call VHF Channel 16. SeaTow can be reached directly at (772) 225-3144. Towboat U.S. can be reached at (772) 286-8123.
Accidents: Call the Florida Fish and Wildlife Conservation Commission at (888) 404-3922.
Further assistance: Indiantown Marina on the St. Lucie Canal can be reached at (772)597-2455 or at www.indiantownmarina.com.
Stick Marsh: Open
Lake Garcia: Open
Blue Cypress Lake: Open
St. Lucie County
C-25 Angle Road, Fort Pierce: Open
C-24 Oak Hammock Park, Port St. Lucie: Closed
Martin County
C-23 Boat Ramp Road, Palm City: Closed
C-44 Timer Powers Park, Indiantown: Open
J & S Fish Camp, Lake Okeechobee: Too low to launch
Port Mayaca Lock, Lake Okeechobee: Open
Okeechobee County
Harney Pond Canal, Lake Okeechobee: Too low to launch
Indian Prairie Canal, Lake Okeechobee: Open
Okeetantie Park, Lake Okeechobee: Open
By ED KILLER edward.killer@scripps.com April 9, 2007
FELLSMERE — In the Garcia Reservoir south of Fellsmere, bass anglers are running aground. The 15-month-long drought gripping Florida is pinching off vital avenues of navigation. And access to favorite fishing holes are drying up for boaters and anglers throughout the Treasure Coast.
Evaporating waters are receding from boat ramps and bringing sand bars, rocky areas and submerged obstructions in closer proximity to boat hulls and propellers. With an estimated two more months of dry weather in the forecast,anglers and boaters planning trips to Blue Cypress Lake, the Stick Marsh, Garcia Reservoir, C-25, C-24, C-23, the St. Lucie Canal or Lake Okeechobee can expect to find more boat ramps that fail to reach the water's edge. Even where there is enough water to launch a boat, running aground is often an expensive — and dangerous — proposition.
'HISTORICAL LOW WATER LEVELS'
The South Florida Water Management District reported that the past 15 months have been the driest on record for this part of the state. Almost all of the Treasure Coast's freshwater ponds, lakes and canals are recharged solely by rains.
"Based on the extended forecast, we could get pretty close to what may be historical low water levels," said Boyd Gunsalus, senior environmental scientist with the district.
Measurements on Lake Okeechobee indicate water levels are dropping at rate of about 0.11 inches per day or a little more than an inch a week.
The St. Lucie Canal — the eastern segment of the Okeechobee Waterway that bisects the state — is an important conduit that enables recreational and commercial boat traffic to travel across Florida rather than around it saving 206 miles. It's worth $55 million of economic development value to the state.
RUNNING AGROUND
However, as the average depth of Lake Okeechobee and its surrounding canals approach historical lows, boaters and anglers are feeling impacts that have far reaching effects — both good and bad. Docks along the canal reach out into thin air and stand eight feet above dry land. Sailboats that moored in ample water in 2005 and 2006 are now lying on their sides on desert-dry canal banks.
The waterway's levels severely impede boat traffic. During the past two weeks, a half dozen large cruising vessels suffered damage after running aground on submerged rocks in the canal, said Eric Bamberg, yard manager of Indiantown Marina.
"This is extreme," Bamberg said. "We've hauled out a few boats that ripped off keels and rudders."
One boat towed in was taking on water and had an estimated $40,000 of damage, Bamberg said.
The drought also is impacting fishing trips.
"The low water is hurting everybody," said Jeanne Middleton, owner of Middleton's Fish Camp at Blue Cypress Lake west of Vero Beach. "We're low, the Stick Marsh is low and (Lake) Garcia is a mud hole. We've been calling customers who were planning to stay with us to let them know they may not be able to get out onto the lake."
Jeanne's husband, Joe, has been at Blue Cypress Lake for 46 years. He said this is lowest he has ever seen the lake in April.
Last week, the St. Johns River Water Management District dug out the access canal from the camp into the lake, so boaters have access until water levels recede more.
Springtime is the best time of year to catch bluegills and Mayan cichlids in C-24 Canal through Port St. Lucie, said Capt. C.W. Bishop. But last week city parks officials were forced to close the ramp at Oak Hammock Park because of low water.
ANY UPSIDE TO LOW WATER?
Low water is not all bad when it comes to fish populations in ponds and lakes, said Jon Fury, regional fisheries administrator for the South Region of the Florida Fish and Wildlife Conservation Commission.
Fury said in the long term, aquatic plant life can re-seed and grow more vigorously in low water.
"Low water level does concentrate fish populations making it easier for anglers and predators like otters, alligators and ospreys to catch them," he said. "But when the fish concentrate, they also become susceptible to other factors. Low oxygen, disease and parasites can become more damaging and when the water drops low enough, the fish stop spawning."
Where anglers can get out onto area lakes, the fishing has been fairly strong, said Jeremy Prouty, a Vero Beach bass angler who fished a tournament on Lake Okeechobee March 31.
"There are spots where boaters cannot get out onto the lake," said Prouty, referring to Harney Pond Canal along the northwest shore. "If you run the main lake, you're really taking a chance. But there really aren't a lot of places to fish right now."
Capt. Mike Shellen is a fishing guide on Lake Okeechobee. His personal pontoon boat sits on dry land in the canal behind his home in Buckhead Ridge.
"This time of year, you'd like to have eight to nine spots where you can fish to reduce the amount of pressure on a specific spot," he said. "Now, I'm down to two or three spots. The fishing is still good, but it will drop off soon."
And in dry times like this people should only be out on the water if they have experience boating.
"I see someone run aground every day," said Shellen noting that airboat owners are charging $250 to pull boaters off sand bars. But it's the rocks and other submerged objects that worry him. "Someone could get killed out here."
***
Extreme low water conditions are affecting motorized boat traffic and fishing throughout the Treasure Coast. Here is a look at some of the impacts:
Lock schedules on Okeechobee Waterway: Eastbound vessels will pass through the lock on even hours between 6 a.m. and 8 p.m. Westbound vessels will pass through the lock on odd hours between 7 a.m. and 9 p.m. Conditions will be evaluated on a weekly basis.
Navigation depth: 4.03 feet
More information: www.saj.usace.army.mil and scroll down for Lake Okeechobee
Boaters can contact Lock Masters on VHF Channel 13
BOATER BEWARE
Channel Marker 52 in the Okeechobee Waterway east of Port Mayaca has become a hazard to navigation. In the past two weeks, several vessels passing through the St. Lucie Canal have run aground on submerged rocks near Marker 52.
Boater assistance: SeaTow and Towboat U.S. have stepped up assistance efforts on the Okeechobee Waterway. Boater's in need should call VHF Channel 16. SeaTow can be reached directly at (772) 225-3144. Towboat U.S. can be reached at (772) 286-8123.
Accidents: Call the Florida Fish and Wildlife Conservation Commission at (888) 404-3922.
Further assistance: Indiantown Marina on the St. Lucie Canal can be reached at (772)597-2455 or at www.indiantownmarina.com.
Stick Marsh: Open
Lake Garcia: Open
Blue Cypress Lake: Open
St. Lucie County
C-25 Angle Road, Fort Pierce: Open
C-24 Oak Hammock Park, Port St. Lucie: Closed
Martin County
C-23 Boat Ramp Road, Palm City: Closed
C-44 Timer Powers Park, Indiantown: Open
J & S Fish Camp, Lake Okeechobee: Too low to launch
Port Mayaca Lock, Lake Okeechobee: Open
Okeechobee County
Harney Pond Canal, Lake Okeechobee: Too low to launch
Indian Prairie Canal, Lake Okeechobee: Open
Okeetantie Park, Lake Okeechobee: Open
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