Last Stand - "Protecting the Keys"

Don't give developers a free ROGO ride

Last Stand Director and Treasurer Mark Songer has posted the following personal editorial message to today's KeyNother newspaper....

Don't give developers a free ROGO ride EDITOR: I would like to challenge a recommendation that Monroe County Mayor Di Gennaro is reported to have sent to state Department of Community Affairs Secretary Pelham regarding a 300-room hotel proposed for Stock Island. To an ordinary citizen, the purpose of the rate-of-growth ordinance is to regulate development. The fear Mayor Di Gennaro expressed that the developer would acquire 300 ROGO units from affordable housing is not remedied by granting this hotel development new ROGOs for free. If there is a problem where developers purchase permanent housing ROGOs for use in transient lodging, then the solution would seem to be to further regulate the use of permanent housing ROGOs. Granting 300 new ROGOs will only increase the chances that permanent residents will be forced to evacuate Monroe County at the same time as tourists from this hotel when the inevitable short-notice hurricane evacuation order comes. In addition, the purchase of 300 ROGOs for an estimated $4 million is not a hardship to the hotel developers. Let's do the math. Let's assume that instead of a reasonable occupancy expectation of 70 percent that the hotel only achieves 65 percent occupancy because it is offline serving as housing for emergency first responders 5 percent of each year. If the developer wants to recover the ROGO investment over 20 years and has a 10 percent cost of capital, an additional $6.61 per night room rate covers the $4 million investment. This development is proposed to serve owners of super luxury yachts, who can easily afford a less than 2 percent up charge for the room. I am a full-time resident of Key West. I welcome Monroe County's status as an Area of Critical State Concern because I want an impartial government agency making the final decision on granting exceptions to the rules put in place for my safety. I want this oversight continued so that I have a reasonable chance to evacuate from mile marker 1 to the mainland on short notice. I urge Secretary Pelham not to grant free ROGOs to this proposed development. I encourage DCA to continue to exercise oversight so that any exceptions to laws promoting the safety of Monroe County residents are necessary and well justified. Mark E. Songer Key West

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.

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

Last Stand joins the Navy?

In today's paper, the Key West Citizen ran a story with the title:

Home project gets 2nd objection
Last Stand joins Navy in fight against Key Haven development

The title is somewhat misleading, in that Last Stand has not joined forces with the Navy in their "fight" involving the Enchanted Island development proposed for just outside Key Haven (which is on Racoon Key). However Last Stand has objected to the proposal to build there based on the safety concerns that have been issued by the Navy.

Here's an excerpt from the article:

“Our opposition to this project is based on, and is in support of, the concerns raised
by Naval Air Station Key West regarding the air crash potential at this location so close to
the approach pattern to the Naval Air Station airfield,” Dennis Henize, Last Stand
board member, wrote in a letter on Tuesday to the commission that outlined the group’s
objections.

“While aircraft noise, which some may consider just an annoyance, may be mitigated
by soundproofing and notification in property deeds, nothing can absolve the county
of responsibility in the event of a calamitous air crash, given that the United States Navy
is warning you of the crash potential, and that state law requires the county to work
with the military on such planning issues near military bases.”

Henize wrote that approving the project would endanger citizens’ lives and ultimately
endanger the Navy’s continued presence in the Keys.

It should be noted that this letter was not submitted to the press by Last Stand. It's not clear where they got their copy.

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.