Three seek to unseat Distict Four incumbent

By Steve Estes

Monroe County’s District 4 County Commission race pits an incumbent who was never elected against the man whose seat he inherited in the August 24 Republican primary, with the winner of that contest moving on to the general election in November against two former municipal elected officials.

District 4 incumbent Mario DiGennaro was appointed by the Governor to his seat when he turned out to be the only candidate seeking to replace his challenger David Rice when the latter resigned the seat to seek the State Representative job won by Democrat Ron Saunders.

Two other candidates declared for Rice’s vacated seat, but neither qualified, leaving DiGennaro the winner by default.

One of the men who had filed to run for Rice’s vacated seat, Don Vasil, has returned to the county political scene again seeking the District 4 commission seat, and will appear on the November ballot against the winner of the August 24 primary. Vasil, a former Marathon city councilman, will be one of three candidates in November, the last being former Islamorada councilman Mike Forster. Both of those men are running as non-affiliated candidates.

The following are responses from the candidates to questions posed by News-Barometer:

The County now has five more years before the enforcement of the wastewater mandate for AWT begins. Where do you begin to meet this mandate? From what source (s) do you obtain the money to build the systems? Would you give any thought to creating an independent wastewater district for the expanded Cudjoe Regional service area, similar to Key Largo?

DiGennaro: I successfully fought to get $200 million in State funds for wastewater, and to extend completion deadlines from 2010 to 2015. I will continue to work vigorously at the State and Federal levels to obtain additional wastewater funding for County-wide projects.

The question of how to fund state-mandated wastewater upgrades was answered when Monroe County adopted the 2010 Comprehensive Plan, in the 1990s. When the County Commission approved that Plan, “Policy 1” recognized that implementation of a sewer master plan “will require funding which exceeds the reasonable budgetary constraints of Monroe County.”

It went on to commit Monroe County to pay up to one-third of the cost, with the balance of the funds to be sought form federal, state and private funding sources, with the proviso that “Monroe County shall not be required to implement these policies except as funds are made available as contemplated”.

When the Comprehensive Plan reached Tallahassee, that funding safeguard was gutted by the DCA, but the following provision survived: “When an implementation date cannot be met by reason of unavailability of sufficient funds, that date will be extended by Plan amendment to the earliest date that is reasonably practical after receipt of sufficient funds.”

Because sufficient funding was NOT provided by the State and federal governments, this year’s State legislature extended the 2010 deadline to 2015. I worked with other elected officials to obtain legislative reinstatement of a substantial funding authorization for Keys sewers.

However, the task facing me —and all of our elected officials — is to turn that authorization into budgeted dollars. Obviously that task is daunting, given the State’s poor financial condition. We can’t ask homeowners, particularly in non-urbanized areas of the County where sewage collection costs will be even higher than cities like Key West, to bear those costs alone. There has been substantial progress in Key Largo and in Marathon, but much remains to be completed.

When will it be done? When the State and Federal government honor their commitments. If they fail to do so, the Comprehensive Plan approved by the State provides that the compliance date will be extended until sufficient funding is made available.

Forster: First, let`s be Honest ! Unless the State of Florida and/or the Federal Government not just appropriate (THEY DON`T HAVE IT TO GIVE) the $200 million that Mario says that He received for Monroe County Wastewater but actually start allocating it, then we are in trouble. This unfunded mandate has been going on for years and will not go away, no matter how long we continue to ignore it. By ignoring it, just allows the capital cost to keep rising with the economy. So with that being said, I only have three avenues to press on with the hope of funding.

1. Keep the pressure on the State & Federal Governments for money that was and has been promised for years. 2. I support going back to the Legislators during the 2011 session and pursue a dedicated 1-cent sales tax to finance Keys sewer projects. 3. I also support Commissioner Heather Carruthers on her efforts for a toll on the 18 mile stretch, with a couple of caveats a) Majority of monies collected go to sewer projects, not DOT or Dade County b) Maximum toll of $3 and Monroe County Residents Free. c) The use of a Sun Pass system to expedite traffic.

Second part of the question. The answer about an independent wastewater district for the Cudjoe area ? Absolutely.

Rice: The County will be continuing to make progress on wastewater construction as funds become available. For example, the Florida Keys Aqueduct Authority very recently received a grant for 3.5 million dollars to provide treatment systems to scattered sites. Scattered sites are homes, primarily in the Cudjoe Regional system (Cudjoe through Big Pine) which are in isolated locations which make it impractical to connect to a central system. This 3.5 million will complete approximately 200 of the 300 homes which require this service.

Currently there are three potential sources of funds which will take part of the financial burden off the Monroe County property owners. These sources are:

The Federal Government –still paying slowly on a 12 year commitment for 100 million dollars

The State of Florida-with a 200 million dollar promise, as yet unfunded.

The possibility of a 1 cent additional sales tax dedicated to wastewater. This option must be approved by county voters in a referendum prior to being enacted.

I am willing to consider creating an independent wastewater district. I am open to consideration of any and all ideas that can help move us toward a 2015 completion date.

Vasil: It is frustrating to see that Monroe County government has failed to take advantage of the significant federal dollars that have been made available recently because they did not have plans in place and shovels ready to go into the ground. Marathon and Key Largo have obtained the lion’s share of that money and will probably continue to do so for the foreseeable future. Good for them. Now the County has to get its act together. We were fortunate to get additional time. Let’s get our program ready and start competing for the federal and state dollars. As for an independent district for Cudjoe, I am willing to study all options. The independent district seems to have worked in Key Largo, so it is certainly worth considering elsewhere. But we need to consider all perspectives on this before moving in any direction.

Please outline your budget priorities for the coming four years and outline your position on tax rates.

Forster: Reduce wasteful spending across the board.

Maintain efficient and responsive services at bare minimum costs.

Only spend and allocate funds that are at hand, No more Borrowing away our future.

More Public/Private Partnerships,including Affordable Housing,Parks etc. Stop counting on State & Federal Funds.

Maintaining and leaving our Fund Balance alone.

Tax Rates, I`m for Rollback and some! No Higher Taxes!

Rice: In this economy, I do not feel that the Monroe County Commission should impose additional tax burdens to our citizens. I believe that the County must identify core essential services and focus on spending revenues on essential services only. Major capital projects should be reviewed and those which do not present life-safety issues should be postponed pending a stronger economy. Government must do what so many of us, our citizens, are forced to do—spend money only on the essentials.

Vasil: My position is simple. First, I will not support tax rate increases during the next four years. Secondly, wherever possible, I will fight to lower the tax burden on our residents, particularly the homesteaded properties. In order to achieve this, we need to challenge the County administration and workforce to do better. We need to take a hard look at our outside consultants and professionals and find ways to cut those costs. We can implement efficiency efforts to raise productivity of the workforce, and perhaps even incentivize them through sophisticated employee suggestion programs that ask them to tell us how we can do it better, and let them share in the savings. We need to take a hard look at our current real estate portfolio (owned and leased) and figure out if we can save money there. The key to all this is that there can be no sacred cows. Everything has to be on the table in order to find the right formula.

DiGenanro: The best, and only, way to control spending is for elected officials to have the fortitude not to budget more than is required for essential services.

Raises for government officials cannot be justified when their counterparts in private business are losing their jobs. There is no “sacred cow” of County government that should automatically be given the same amount, or more, than previously budgeted.

What secondary economic engine would you attempt to implement as a fall back if tourism suffers a major setback?

Rice: For over 30 years, tourism has either directly or indirectly supported virtually every business in Monroe County and I am happy to say that Monroe County’s bed tax revenue is currently higher than last years. This reflects the fact that our tourists continue to regard the Keys as a high travel priority.

The development of our tourist industry was a huge project which was developed slowly with the idea and involvement of individuals from all levels of our communities. I believe that in the event of a long-term tourism setback, we would need to re-engage our communities to determine a future direction as was done 30 plus years ago. No project of this magnitude can succeed unless it originates with the community and receives widespread support.

Vasil: First of all, I think we need to diversify our tourism base. While the Keys are known for diving, fishing and sailing, we can do better to promote the power boat industry that attracts boaters that spend lots of money in our local economy. Marathon and Key West can figure prominently in this. We should also try to identify more sources of eco-tourism and market the region to such travelers.

Secondly I would also like to explore the link between medicine and tourism. More and more people in the U.S. and abroad are traveling for medical care, often to resort settings where they can recuperate pleasantly. We have hospitals that are under-utilized. Perhaps we can work with them and medical professionals to find specialties (e.g. sports related injuries) that can attract medical visitors to our region.

DiGennaro: Tourism is the best economic engine Monroe County enjoys, and it is important that we encourage our visitor-based economy.

I strongly support working with the TDC, and directly with local businesses to prevent any economic setback.

I also believe that other forms of economic activity, such as commercial fishing, support for our military, construction, education, the arts and others should be encouraged. But the large umbrella we refer to as “tourism” is the mainstay of our economy, and must be defended and encouraged.

Forster: Sorry Rhetorical Question! Unless GM or Ford want to open a truck assembly plant, or maybe go back to the Rum Running Days. Tourist based economy is what we have, and I will do all that I can to protect the quality of our Ocean in turn to protect our quality of life as a tourist-driven, water-based economy.

The US Fish and Wildlife Services and Federal Emergency Management Agency are poised to come to agreement on the flood-insurance injunction to protect environmentally sensitive areas. What ideas do you have for shifting development away from habitat and into scarified areas?

Vasil: We need to get the State to again fund the Florida Forever acquisition program so that many of these properties can be taken out of private ownership. We need to identify certain major sites (e.g. Boot Key) and work with federal and state authorities to find ways to preserve those for future generations. We need to look at other communities in Florida that have had success with “in-fill” development to see how we can replicate their efforts here. This will include restoring historic waterfronts to preserve our fishing history and future (e.g. Stock Island) and continuing the commitment to affordable workforce housing (ownership and rental) so that our precious workforce can choose to stay in the Keys.

DiGennaro: This is a question that must be publically debated AFTER the agencies actually come to agreement.

Most importantly is doing what the public wants, so I favor a peer review committee to advise after careful review.

Forster: The only logical and ethical way to promote this is for people who own these properties (habitat) is to offer them tax incentives to develop in scarified areas instead. Do we really want to get into the litigation of property rights with the possibility of having to defend what could be considered a taking? I would ask the Commission to direct the County Manager to seek out Grants to purchase and protect these sensitive areas.

Rice: Monroe County’s tier system is designed specifically to shift development to platted, scarified areas which are served by utilities. In addition, Monroe County’s Land Authority protects property rights by purchasing sensitive habitat for preservation. I am quite familiar with this process since I chaired the Land Authority during my previous tenure as a Monroe County Commissioner. I am happy to say that the funding source for these purchases, our bed tax revenue, is up over last year, as stated earlier.

Please explain your views on compliance driven code enforcement versus the coercive method we now have.

DiGennaro: Code enforcement is best achieved by working with the residents and businesses in a customer friendly manner. Use of legal enforcement should only be a last resort.

I have a history of working with people to achieve public interest.

Forster: By this question, one would have to assume that your part of the County is not happy with Code Enforcement. It does seem that since many portions of the county have either incorporated or are separated by longer distances have created inequities or different interpretations in the Code Enforcement Dept. I would work towards enforcing the codes in the same manner for all cities in the county. And if the Codes don`t work, then we change or get rid of them. This looking the other way, then all of the sudden coercive enforcement as you say has to STOP. We need to be consistent and equal treatment to all residents.

Rice: I favor a two phase code enforcement policy in which the coercive method only comes into play in the event of failure of compliance driven code enforcement. In this system, when a code enforcement officer becomes aware of a violation they conduct a courtesy call with the owner and provide them with information and a reasonable period of time to come into voluntary compliance. In this time period no fines or other punitive actions would be imposed by the County. Only in the case that voluntary compliance fails would the second phase of enforcement be enacted. This phase would involve the more coercive approach for those who have refused to come into compliance on a voluntary basis.

Vasil: I believe that the goal always has to be compliance. Code enforcement should not become a mechanism for government to collect revenues or otherwise punish residents. Obviously we need the fines to provide an incentive for some people to comply, but I think that if a property owner makes legitimate good faith efforts to comply and achieves compliance in a reasonable time frame, then fines should be reasonably mitigated so that the local government’s costs are covered without being punitive. I do want to be clear that I do not condone ignoring violations. Properties must be brought into compliance. But we must work cooperatively with owners where possible, and not with a heavy hand.

Do you believe Amendment 4 would be good for Monroe County and why or why not?

Forster: I totally understand that Amendment 4 movement, example Wisteria Island. So if that is the will of the people because their lack of trust in their elected officials to make decisions based on the will of the people, then more power to them. Personally, when I am elected for County Commissioner Dist 4, I would love to believe that the people would have faith in me to listen to them and make the right decision. It`s too bad it has come to this, but I can understand the frustration with the track record of some of the terrible decisions that were made in reference to land use. To this day, I am still the only candidate in my race that has declared that I will not accept any developers’ campaign contributions (don`t want to be beholden to any special interest) and I am also the only candidate that has declared that I will not accept any gifts of any amounts! (Currently, commissioners are allowed up to $100 worth of free food, drinks etc. etc. from each resident every day!) If I can`t afford it, then I don`t need it. No Special Favors.

Rice: I do not believe that Amendment 4 would be good for Monroe County. I believe that our representative form of government serves us well as long as voters exercise their rights at the polls. In areas where similar legislation has been enacted it has increased both the cost of government and the cost of construction. The voter will be presented with a ballot consisting of many pages of complex material the understanding of which is essential prior to an informed vote. When I served on the County Commission, I had the assistance of both the planning department and the County attorney’s staff to develop understanding prior to any vote. I do not feel that our voters have these resources available to them.

Vasil: I do not. Amendment 4 would create land use and zoning by referendum. This is very burdensome on property owners, expensive for governments, and actually promotes the “not-in-my-backyard” attitudes that can prevent communities from doing what is right. Property owners in the Keys have, for many years now, had their property rights impacted by a series of federal, state and local regulations that already make it complicated to own property in the Keys. Creating a referendum approval process is not necessary in Monroe County in light of those regulations.

DiGennaro: The Amendment 4 question on the November ballot deserves careful consideration by the voters, and I will of course abide by their decision if it receives 60% passage. Personally, I do not plan to vote for the question, but it is something I could work with if it passes.

Would you be in favor of term limits on locally elected officials and why or why not?

Rice: This is not an issue which, for me, generates strong direction toward either position. I have observed both term limits and no term limits and find that both have strengths and weaknesses. Without term limits we occasionally see public officials in office when we would prefer to see them elsewhere. However it has been my observation that both the progression of life as well as the efficiency of the voters usually impose “term limits” to most. With term limits we never must endure past a stated number of years. However, we find that we eliminate the good and the bad at the same point in their careers with term limits and that important decisions are made by less experienced public officials. In my opinion, neither offers the “perfect” solution.

Vasil: Absolutely. We have them in Marathon, and they have worked generally to keep a balance of veteran leadership and new blood on each Council. It is natural for people to lose their sharp perspective after many years inside the belly of the beast. It is good to bring in fresh eyes every few years to challenge the system.

DiGennaro: I support having a referendum on reasonable term limits for the Board of County Commissioners, and I would vote for it.

Forster: As you know, It`s harder and harder to find candidates to put themselves out there to run for public office. So I say let Democracy take its course (like it did by getting rid of the Gang of Three) and have unlimited terms. To be clear, I am not a career politician and have no intentions of following the longevity of the Queen “Wilhamina Harvey”