When exceptions are the rule, officials rule by exceptions

COMMENTARY

LYNNE LARKIN

Lynne Larkin
Lynne Larkin

The greatest barriers in maintaining the public’s right to having its wishes followed seem to be barriers created by the government itself.

When we are told it is up to voters to be vigilant, to hold officials accountable, we actually have very few opportunities to do so.  How do we “pay attention” to actions hidden behind closed doors and little reported in the media?

Take the Indian River Shores Town Council.  There is documented proof, in emails and other meeting notes, that they insured a controversial decision would be made at an unusually timed meeting, 7 a.m. or so.  That group then decided to publicly announce the meeting with as little lead time as possible, and to shade the Council’s actions from accountability by labeling the controversial action on the agenda so the public would not realize what they were actually doing.  (See Inside Vero story dated Aug. 17, 2014)

Exceptionally odd, to say the least, and done to please outside interests rather than the public these councilmen serve.  This same council made sure controversial changes in zoning, which benefited their friends rather than the public, were made during the off-season months when the Shores is more ghost town than beach town.

An un-needed commercial building is allowed exceptions to the parking regulations, exceptions to the set-backs, exceptions to the allowed uses, etc., etc., etc.  As many locals as could fit into the small City Hall expressed their opposition, but still the exceptions were made (VeroNews Oct. 17, 2014)

The arguments for the developer centered not on the need for the building, nor the public purpose that would be gained.  No, it was because the developers were “men who live among us,” in other words Johns Island people.  Friends.

Elections for any single seat in public office occur, at the least, every two years.  Thus any one official has at least two years to effect change, or inflict damage, depending on your perspective.  The number of exceptions available to a simple majority of three is a rather big number.

It is difficult not to be reminded of the 60’s and early 70’s when one very large exception changed our landscape.  The Spires.  Persons close to the deal that allowed more than the five-story limit in the Code [at that time] will glibly say it was prior to any limitations on height appearing in the Code.  Not so.

The Vero Beach Code limited heights, but not without EXCEPTIONS available through oddly-timed, sparsely-noticed meetings.  The Spires developers, locals who “live among us,” got their exceptions without any media coverage.  The first that residents knew of the change was when the building construction wasn’t being topped off at five stories.  The ensuing outrage led to accusations, various “investigations,” and eventually a new City Charter provision which did not allow any exceptions to height limitations without a public referendum.  The very few referenda that have been tried have failed.

This appears, then, to be the only way to guarantee the public gets a voice.  Elected officials who actually listen to the majority are not extinct.  Endangered perhaps, at least in the Shores.  But without limitations, even the moneyed neighbors of the Spectrum monster building, immediately next to the Village Shops [which are not fully occupied as yet], have no say.  The Shores Council know perfectly well how their constituents feel.  They just don’t care as much about them as they do their “friends with benefits.”  Getting in bed with the bigger wallets has never been more obvious.

Time for reining in the Shores?  Just like the City of Vero Beach, you can’t act too quickly or the exceptions become the rule of law.

2 comments

  1. Brilliant Lynne. So well said.

    I believe that mindset is open to extend down into our various Planning Departments where a very small group can bend rules and grant exceptions that can avoid even the most strenuous and well documented challenges.

  2. Every time I cross the Barber Bridge and see Vero’s Twin Spires, I want to hit something – so I hit the sidewalk or fitness center to get rid of that anger. It is a shame the residents of Indian River Shores are being subjected to government by subterfuge.

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