vero beach 32963 - vero beachside newspaper
Volume 1, Edition 2
Serving the beachside residents and businesses of Vero Beach
September 2008
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Vero Beach 32963 Editorials
The IRNA, the barrier island and charter government

Now that the primary elections are over, it is way past time to try to clear up one particularly annoying misconception.

The misconception, which seems to be widely held, is that residents of the Vero Beach barrier island overwhelmingly support the Indian River Neighborhood Association, and that IRNA is the voice of the residents of 32963 on all issues including charter government.

Regardless of whether you like or dislike IRNA, the fact is neither of the above statements is true.

While IRNA may have had its origins on the island, much of its support is now found elsewhere in Indian River County, and its most recent elected president, Honey Minuse, resides on the mainland side of the lagoon.

And any claim IRNA may have ever had to speak for the interests of residents of 32963 was forfeited when the organization decided its primary mission was to disingenuously work night and day to promote charter government for Indian River County.

Any Vero beachside resident who thinks bringing charter government to Indian River County is anything other than a very bad idea simply does not fully understand its implications.

Perhaps the most dangerous aspect of converting to charter government would be the new power it would give Indian River County to take over services currently provided by its municipalities, including the city of Vero Beach and the town of Indian River Shores.

In plain language, that means that if charter government were approved, Indian River County could, if it wished, swallow the emergency medical services program of Indian River Shores, and take over the public safety departments of both the Shores and the City of Vero Beach.

The IRNA and other advocates of charter government for the country insist that their version of a charter not only would not authorize acts like these, but would require that any such move be approved twice -- one by the voters of the entire county, and then a second time by the voters of the affected municipality.

Curiously, neither the IRNA nor other advocates of charter government make their supposedly benign charter, sometimes referred to as “charter lite,” available for public viewing on their website. County Commissioner Gary Wheeler blames Commissioner Sandra Bowden for blocking display of this magnificent document on the County Commission website, and IRNA also does not publishing it.

Could the explanation possibly be that supporters of charter feel they are better off telling us what is and is not in this document, and not having it available for scrutiny and comment by constitutional experts?

Rep. Ralph Poppell, who represents part of Vero Beach but not the barrier island, has explained countless times that all county charters given a county the authority to pre-empt municipalities and impose changes on residents without their consent under Article VIII, Section 1 (g) of the Florida Constitution.

Poppell goes on to say that a county’s virtually limitless powers under charter government – including the power to change the charter -- have been upheld in court.

In the case of Seminole County vs. city of Winter Springs, he says, the county went before the voters and got an amendment approved to the charter to retain control of land already annexed by the city. The 5th District Court of Appeal upheld the county's charter amendment.

“The word ‘charter’ doesn't bother me nearly as much as the word ‘amendment,’ as illustrated in the Seminole County decision,” Poppell says. “One of the scariest things imaginable is a county's ability to usurp the power of a city — especially after the fact.”

He also contends that claims that counties cannot infringe on the power of municipalities without a dual referendum vote are flat wrong.

“This claim is without merit, according to the judge in the case of Seminole County vs Winter Springs as referenced in Article VIII, Sections 1(g) and 4,” he says.

One would think that if Poppell’s telling points in opposition to charter government were incorrect, an IRNA member would long since have pointed out the error of this legal analysis. Instead, rebuttals to Poppell’s assertions have been confined to calling them “misinformation” and “lying poppycock.”

What seems particularly telling to us is that every elected policy-making official who lives on the island who has taken a public position on this issue opposes the county charter scheme.

This includes all five members of the Indian River Shores Town Council, which took the unusual step last month of urging the community’s residents to not vote for candidates supporting county charter government.

"You need to know that your vote for County Commission could have a major impact on the manner in which the Town functions independently, operates, and provides services under municipal government.

"During the past year or so, the County has studied the possibility of forming a 'charter government' as a method of solving growth problems.

"Whatever the initial form, County charter government, if approved, would interpose a layer of County control over our Town's decision-making power and have the potential to usurp our autonomy and municipal authority.

"For example, our Town ordinances currently prevail over any conflicting County ordinances. The County Commission generally cannot impose laws on the Town without the Town Council's consent.

"The Town Council desires to maintain this independence and local decision-making authority, which was established when the founding fathers incorporated our Town, for the benefit of the citizens of Indian River Shores."

The town, in effect, urged its residents to vote against the pro-charter candidates backed by the IRNA. How much of an effect that had is not yet clear.

Unfortunately, while the August primary clearly slowed efforts to promote charter government for Indian River County, we suspect its proponents will be back to fight another day.

But when you hear that the Indian River Neighborhood Association strongly favors charter government, please do not draw the conclusion that this is the monolithic position of the residents of 32963. Nobody elected IRNA to represent the barrier island, and many of us believe county charter government is a very bad idea.

 

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