Last Stand - "Protecting the Keys"

More info needed before Higgs vote

Today Last Stand submitted the position letter below to the Key West City Clerk in advance of tonight's Citty Commission meeting (to be read into the record):

August 5, 2008 The Key West City Commission Old City Hall Key West, Florida Re: Second Reading of an Ordinance Permitting Acquisition of Higgs Beach Mayor and Commissioners, In May, Last Stand requested that the Commission delay from August to November the proposed referendum on the annexation of the Higgs Beach properties.   This delay was requested to give the City time to provide the public enough detail about plans for maintaining the properties and facilities, about planned changes, and most importantly, about the costs to the City and how it would finance the expenses involved. The Commission granted this request, and a City workshop provided an excellent presentation on the projected costs for maintaining the properties and providing urgent ADA compliance updates.  However the workshop fell far short in two areas: There was no discussion about what planned changes were being considered. More importantly, few details were provided to the public about how the City would finance the expected expenses.  And there were unresolved assumptions about TDC money and only a seat-of-the-pants ad valorum tax increment estimate. Last Stand is not against the annexation of the Higgs Beach properties and can see the value of it to the City.  However there are too many unanswered questions to determine if this is the right time to bring this matter before the citizens for an educated vote.  Indeed, to all appearances, the annexation may very well be voted down under the circumstances. Unless more detail is provided about plans for the properties and how they will be paid for, Last Stand feels that a referendum on the matter would be premature. Sincerely, David Lybrand Last Stand Board of Directors

The above is to be read into the record the City Clerk.  See comments below for any follow-up.

Additionally, Last Stand director Margaret Dietz Domanski will be submitting her own testimony at the Commission meeting. Following is a transcript of her planned testimony:

Good evening Mayor and Commissioners. My name is Margaret Domanski and I reside at 760 Washington Street, just a few blocks from Higgs Beach. From the Higgs Beach Workshop financial analysis, it is clear that there’s no such thing as a free park, and that the City needs to develop plans for how the large yearly Higgs Beach operating and capital deficits can be accommodated for.  So far no such plans have been provided. So, while we know more about how much Higgs Beach will cost to manage, we still don’t know how the City plans to cover the park’s revenue versus expenditure deficits. Some may argue that as Monroe County taxpayers we are already paying for this park. That is true. However, the advalorem tax portion of county park revenues are redistributed across property owners throughout Monroe County. Once City tax revenues are used to pay these same park costs these same tax revenue requirements will be redistributed across a much smaller City only tax base - the same tax base that may well encumber costs associated with the development of the Truman Waterfront, a master plan far from completion. I also doubt the County will give us all a tax refund once Higgs Beach dollars are no longer part of the County parks’ budget. There was general workshop consensus that this park is a valuable Key West asset.  I agree. A proposal by City Staff suggesting that the City work with the County on ways to “enhance existing conditions without conveyance” was well received by workshop attendees, including me. Simply stated there appears to be an alternative that the City can work with the County and user groups such as the KW Garden Club, the Homeless Assistance League and the Dog Park to enhance security – a most urgent concern – without acquisition. Therefore, it looks to me like this acquisition, though appealing, is not something the City is quite ready for. No evidence has been provided to voters making it clear that acquisition of Higgs Beach will dramatically enhance our park experience. It appears that all the City will accomplish if the referendum is approved is relieving the county of over $2 million of current financial obligations and redistributing them, along with hefty annual operating costs, to the City’s smaller taxpayer base. I request, therefore, that the City Commission vote against approving the ordinance to place acquisition of Higgs Beach on an election ballot this year. Instead, I recommend its placement on a 2009 City Election ballot. This will allow adequate time for the Commission and City Staff to work with park user groups to develop plans for Higgs Beach that mesh with specifics on how to improve quality while covering operating and capital expenses now born by the larger county tax base.  This also allows adequate time to educate the public on such plans.  Thank you.

Higgs Beach facilities should remain open to all

Today, the Board of Directors of Last Stand are releasing the following position statement:

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Last Stand takes the position that, regardless of which government entity assumes control of Higgs Beach and related facilities (Astro City playground, Dog Park, etc), all facilities that are currently open to the public without charge, should remain fully open to the general public without charge.

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ALSO NOTE:  At the Key West City Commission meeting tomorrow (August 5) , there will be the second reading of the Higgs Beach Annexation Vote ordinance to place it on the November ballot. The public is urged to express your opinion on this matter.

De-revising Bridle Path history

One week ago, in the Sunday, July 20 edition of the Key West Citizen , a guest editorial by former Key West Assistant City Manager John Jones was run under the title "Transportation Department got beach parking right the first time".   Within the editorial, John made the statement, "The small group of dissenters enlisted Last Stand and other environmental groups and packed the commission meeting that was to give final approval," and addtional comments about rudeness and strife. 

Last Stand feels the editorial was inaccurate both in portrayal and in fact, and has issued the following statement in response (which ran in today's Citizen):

State plan for beach was resolutely rejected Last Stand would like to comment on [former Key West Deputy City Manager] John Jones’ [guest column] in the July 20 Citizen. Mr. Jones states that in 2002 the state Department of Transportation (DOT) presented a redesign of South Roosevelt Boulevard that included paving the historic Bridle Path in order to shift the roadway and provide parking adjacent to Smathers’ Beach. He states that the general population approved the design. On the contrary, our community was very unified in its strong and vocal opposition (See Key West Citizen, March 31, 2002). Outrage at the unpopular plan was expressed by the City Commission, civic organizations ranging from the Chamber of Commerce to Last Stand, almost 100 individuals who turned out for the March 18 meeting, and later in newspaper articles, editorials and cartoons. This wide spectrum of opposition spoke loudly and clearly the wishes of the people, and the DOT finally listened and relented. Mr. Jones suggests returning to the rejected plan that would destroy the Bridle Path in order to provide more beachside parking. The Bridle Path was built by the WPA to beautify Key West and try to pull it out of the 1930s depression by making the island attractive to tourists. Today, the Bridle Path between the Salt Ponds and South Roosevelt continues to welcome visitors with breathtaking ocean vistas. For 80 years, Key Westers have enjoyed the double rows of tall coconut palms on the sandy path with its quiet mangrove edges where wading birds still feed. The Bridle Path is part of old Key West, its history and heritage. Last Stand remains committed to protecting the Bridle Path, our environment, and our quality of life, and we reject both Mr. Jones’ interpretation of history and his suggestions regarding paving over the Bridle Path. Albert Sullivan, President, Last Stand

Airport hotel plans should be rejected

Last Stand Director and Treasurer Mark Songer has posted the following personal editorial message to the local newspapers....

Airport hotel plans should be rejected The Key West City Commission should reject the county’s offer to build an 18-story hotel at the airport. There are two good reasons to turn the offer down. First, an 18-story hotel is at least 15 stories beyond the height limits. The city charter requires that if the Board of Adjustment would approve a variance for habitable space above the height limit, it still must go before the voters. Time after time, citizens in Key West have spoken out against changing the height limit, and it is very unlikely that this project would be the exception. Second, neither the city nor the county should set themselves up in competition with private concerns in order to raise revenue, no matter how many hundreds of thousands per year it may be. The significant subsidies in this proposal will harm the interests of current hotels and innkeepers by adding competition with a lower cost of doing business. If there is an economic need for hotels in the city or the county, developers will justify building them within the Rate of Growth Ordinance. If the need for additional hotel rooms is great enough, developers will find a way to tear down condos and build hotels. If Key West or Marathon needs an emergency operations center that will house workers in a hurricane or other emergency, then the city or county should bring a proposal to the table that relies upon city, county or state funding. If city or county government needs additional revenue, it should look to the taxes under its control or continue the difficult process of cutting costs while maintaining essential services. Mark E. Songer Key West

Impending Events

Dear Members and Friends of Last Stand,

A couple of things coming up this week that we'd like to alert you to... one a serious upcoming issue, the other something fun and educational.  "Business" first...

(1)  Higgs Beach City Commission workshop meeting this Thursday 7/24/08 - 6PM, Old City Hall

A couple of months ago when the subject of the City's taking over Higgs Beach came up, Last Stand's board of directors objected to the City Commission's agreeing to take over Higgs Beach from Monroe County, on the grounds that not enough was known about the proposal for Commissioners, or for citizens making input to the Commissioners, to make an intelligent decision.  The City Commission then voted to place a question on the November ballot whether the City of Key West should take over Higgs Beach from the county.

The City's taking over the property, maintaining and running it, dealing with concessionaires, etc, is not without financial costs and risks, and we maintain that voters need to be informed before voting on the issue... on the costs to the city's taxpayers, and on what plans proponents of city ownership of Higgs Beach have in mind.

The Key West City Commission has scheduled a workshop session on Higgs Beach for this Thursday, July 24, at 6PM, Old City Hall at 510 Greene Street.  It is a public meeting and we urge Last Stand members to attend.  Last Stand's board of directors at this time does not have a position other than that the process should be public and transparent, with the plans and risks laid out for the voters.

Now the fun/educational event...

(2)  Reef Relief asked us to invite Last Stand members to an exhibit of rare books on corals and coral reefs, this coming Saturday (July 26), from 4 to 8PM at the Reef Relief Environmental Center, 631 Greene Street in Key West.

Quoting from Reef Relief's press release:

"The books are part of the private collection of Dr. James W. Porter, a coral reef scientist and a member of Reef Relief's Scientific Advisory Board.  He has built a professional library of more than 3,000 books and monographs on corals and coral reefs, dating from the 1500’s on.  It is the only known library of its kind dedicated to this subject, and is rich in material published in the 17th, 18th, and 19th centuries."

You can see the entire press release for the event here.

The exhibit is free, but Reef Relief will gladly accept donations for their educational programs.

Height: Does It Matter?

Last Stand's "Bugle Call", our periodic newsletter (see the last issue: here), will be out later this month.  Here's a preview article from the newsletter to consider, in light of Key West and Monroe County current events......

Height: Does It Matter?

Back in the 70’s there was a real, serious plan to build high rise buildings near the intersection of Kennedy and North Roosevelt.  It caused a huge anti-high rise reaction and some crude regulations were put into place by ordinance.

In the 80’s some really ugly big buildings were built despite the ordinance, some after big fights that fell short.

In 1998 before the entire waterfront was taken, and before the bigger buildings had pushed into the residential neighborhoods too deeply, public anger spilled over and height regulations were codified more clearly (but still with some loopholes) and put into the charter.

Generally in old town Key West the height of a building measured from the crown of the road to the highest point of the roof may be no more than 35 feet.  In the historic residential commercial core districts an additional 5 feet is allowed if the structure has a pitched roof, the design of which is approved by HARC.

The Key West City Charter states that if the Board of Adjustment approves a height variance for habitable building space, this approval shall be submitted to the voters for ratification in the next regularly scheduled election.  Board of adjustment approval shall not become effective until voter ratification.

When is it OK to ignore or grant variances to the height regulations?  When the contractor makes a “mistake” and builds too high?  When a homeowner gives the wrong survey to the city?  When the words “slope” and “pitch” are misused and a loophole is found?  When it is cheaper to buy a taller, pre-built structure rather than a structure that complies with the regulations?

The idea is to keep Key West a small city, with streetscapes that fit a tropical island.  The coconut palm tree line was selected as the highest level so that locals, visitors and tourists could all enjoy life in a people-friendly atmosphere - not the shadowy canyons of a huge urban center.

Last Stand continues to do the nitty-gritty detail work of reviewing applications before the planning board and the Board of Adjustment.  We speak out when a variance would become an ongoing exception to this important law. 

We may choose to spend your dues and contributions to fight egregious variances in order to keep Key West a beautiful place that still attracts people from all over the world and provides a wonderful place to ride bikes, walk safely at night, smell the flowers and slow down a little compared to the mainland.

An Open Letter to the City

In today's Solares Hill newspaper, a personal opinion letter by Jody Smith (who happens to be a board member of Last Stand and of Keys GLEE)  urged the City of Key West to take steps to correct long-standing problems.  Problems that should help save scarce money in these hard times, while moving in a more Green direction.  That letter is reprinted here for your convenience....

An Open Letter to the City

Dear Mayor, Commissioners and City Managers:

The Solares Hill article about last week’s retreat and the city’s grim financial outlook was disturbing and has compelled me to write this letter. I’m sure you are all very concerned about how to meet the needs of the community with increasing costs and declining revenues. It was interesting to read that the city’s air conditioning bills and cost of diesel fuel were reported as being major contributors to the current budgetary problems, and yet there was little mention of conservation efforts as being the logical response to the situation. While I may support a proposed tax increase, I certainly hope the city is first looking at every opportunity to cut its costs by reducing waste of goods and materials, fuel and electricity.

Any time I go into a city building, I must come prepared with an extra sweater because the air conditioning is kept at such a low temperature. I also know that some city staff use space heaters to combat their overly air-conditioned offices. The fact that the city is wasting financial resources this way while also adding unnecessarily to the greenhouse gases that it has committed to reduce, is unacceptable in my opinion. Aside from these issues, it is also irritating that I must be uncomfortably cold whenever I attend a meeting or do business in a city building. I’m sure the public would understand and support raising the air conditioning temperatures as an effort to save money and energy. Likewise, the city should ensure that air conditioning is turned up much higher on nights and weekends when buildings are not in use.

Also in the past few weeks, Key West The Newspaper reported a story about the leased building at Mallory Square for which the city has been paying its electric bills for eight years. This error was discovered as a result of the greenhouse gas inventory that I conducted for the city last fall. Please note that I have not communicated with KWTN about this or any other topic, and I do not know where they got their information. I am happy to see that the problem has been corrected and the city will no longer be unnecessarily spending more than $17,000 a year on this.

The larger context of this story, I believe, relates to the fact that this problem may have continued to go undiscovered for a very long time in the future, since it took a concerted investigation to even find the electric meter for that account and to figure out what the account was for. This was the case with many of the more than 200 electric bills that I reviewed in my analysis. Bills are not clearly identified as to their use, and since the bills are sent directly to bills are sent directly to the Finance Department, the department heads and staff have no awareness of the electrical consumption at their facilities and therefore have little incentive to conserve. I strongly suggest that a thorough tracking system of electric meters and functions be implemented for all city facilities, and that responsibility and accountability be assigned to the appropriate department head or manager for energy use at each facility. This would ensure that the situation that happened with the Mallory Square property would not happen again, and would also allow any other irregularities to be monitored more easily.

Lighting and electronics use is another area that should be closely examined in an effort to conserve energy and costs. Installing motion sensors and/or timers at many city facilities would dramatically decrease the electricity use at times lights are not needed; for example, ball fields, tennis courts, bathrooms, exterior security lighting. I hope you will take the opportunity to consult with representatives from Graybar or other lighting companies about possible upgrades to bulbs and fixtures that would save significant energy use in a very short payback period. I am not recommending one company over another, but I know that a meeting with Graybar has been proposed and I think it is worthwhile to find out what the latest technology has to offer.

I know you all have a very difficult job to prudently manage the city’s needs in these dire economic circumstances and I thank you for your service to the city. I hope you will realize that the difficulties we are facing also offer opportunities to work smarter, by putting systems in place that will lead to greater conservation and efficiency, and will be of economic benefit to the city for years to come.

Thank you for your consideration of my comments.

Sincerely,
Jody Smith Williams
Key West

Height variance should be denied

Tonight Last Stand will provide the following input to the Key West Board of Adjustment at their regularly scheduled meeting, during discussion of Resolution 4, variance request "To permit a 1.3 foot height increase to 31.3 feet rather than the allowed 30 feet for non-habitable space" for a home at 709 Washington Street:

Chairman and Members of the Board of Adjustment The Last Stand Board of Directors opposes the height variance request made on behalf of the owner of 709 Washington Street.  We believe that the application fails to meet Conditions 2 through 6 of the Code, Section 90-395. Regarding Condition 1, we concur with Planning Department staff that a special condition or circumstance exists in that the owner's previous contractor constructed the clerestory structure 1.3 feet above the 30 foot height limit.  However, regarding Condition 2, we believe that the special condition and circumstance was created by the owner through the actions of his previous contractor.  A property owner is responsible for the actions of his contractor, but has recourse against the contractor's errors and omissions insurance policy for economic loss due to the contractor's misconduct. With respect to Condition 3, we believe that the granting of this variance would confer a special privilege upon the property owner which is denied by the land development regulations to everyone else in the HMDR zoning district.  Everyone else in the zoning district is obliged to stay within the 30 foot height limit. With respect to the hardship condition, which is Condition 4, the denial of the height variance will not deprive the owner of rights commonly enjoyed by other properties in the HMDR zoning district.  No one else in the zoning district has the right to build beyond 30 feet.  Furthermore, there is no unnecessary and undue hardship on the owner.  The roof and clerestory can be rebuilt.  The owner has recourse for his economic loss against the errors and omissions insurance policy of his previous contractor.  We understand that all licensed contractors are required to have errors and omissions insurance.  If need be, the owner has recourse against the contractor directly if the insurance policy is insufficient to cover the loss. Regarding Condition 5, the owner does not need this variance to make possible the reasonable use of the land, building or structure.  The roof and clerestory can be rebuilt to comply with the height requirement.  Furthermore, the clerestory is not something which is needed to make possible the reasonable use of the land, building or structure. Regarding Condition 6,  the general intent and purpose of the land development regulations is that, among other things, we stay within our height limitations and that we do not exceed those limitations by accident or otherwise. In addition, the granting of this variance will be detrimental to the public interest.  It will encourage disrespect for our laws and it will encourage the "oops - I made a mistake - ask for forgiveness" phenomenon. In conclusion, the Code, Section 90-395 requires the owner to meet all seven conditions, which he has failed to do.  Conditions 2 through 6 have not been met for the reasons previously stated.  Therefore, we request that the variance application be denied.

The above was read into the record by Last Stand board member Tom Milone.  See comments below for any follow-up.

August too soon for Higgs Beach vote

Today Last Stand submitted the letter below to the Key West City Clerk in advance of tonight's Citty Commission meeting (to be read into the record):

May 20, 2008 The Key West City Commission Old City Hall Key West, Florida Re: First Reading of an Ordinance Permitting Acquisition of Higgs Beach Dear Mayor McPherson and City Commissioners, This email is being submitted to express Last Stand's opposition to the Ordinance placing the City of Key West's acquisition of Higgs Beach on the August 2008 primary ballot. At this time, this opposition comes based on a several reasons. First, the specific benefits and costs for the City of annexing Higgs Beach have not been clearly specified for the public either through public workshops or in the Ordinance before you. Second, a detailed and comprehensive plan has not been presented to the public regarding management and maintenance of this public park should the annexation be approved. Third, there needs to be a Monroe County - City of Key West interlocking agreement in place before annexation of this property goes before the public for approval. Based on these facts, in the opinion of the Last Stand Board of Directions, it is premature to place an Ordinance on Higgs Beach Annexation / Aquisition on the August 2008 primary election ballot. Prior to placing such a referendum on the ballot, public workshops need to take place that include a full and comprehensive exploration of the pros and cons of such a land acquisition. Sincerely, Annette Liggett Vice President Last Stand Board of Directors

The above was read into the record the City Clerk.  See comments below for any follow-up.

Make Planning Board changes before transferring Board of Adjustment role

Tonight Last Stand will provide the following input to the Key West Citty Commission at their regularly scheduled meeting, during discussion of agenda item "12b", a new ordinance described by alteration to many parts of the City code, for the purpose of transfering most of the power of the Board of Adjustment to the Planning Commision...

Mayor and Commissioners, The Last Stand Board of Directors strongly opposes the proposed transfer of power from the Board of Adjustment to the Planning Board, unless the proposed ordinance is amended to expand the Planning Board from 5 to 7 members and permits the Mayor and Commissioners to each make one appointment to the expanded Planning Board. If the proposed ordinance is passed as currently written, then we will have an extremely powerful board consisting of 5 members all appointed by the mayor. Appeals pertaining to variance issues would go directly to Circuit Court. We believe that, due to the greatly enhanced power proposed to be given to the Planning Board, it is in the best interest of the public to expand the board from 5 to 7 to allow for greater public participation and to enable each member of the City Commission to make one appointment.

The above was read into the record by Last Stand board member Tom Milone.  See comments below for any follow-up.