Friday, October 06, 2006

TAMPOA Directors Send Letter To Residents

The TAMPOA Board of Directors has sent another long letter trying to explain its actions over the past few weeks to the residents of Truman Annex. The letter was written on October 5, 2006 and was sent today by email to TAMPOA members. We are publishing this letter unedited, just as we did with the last letter the Board sent out. In the interest of dialogue, we invite your posts and comments. The letter reads:

The Truman Annex Master Property Owners’ Association, Inc.
201 Front Street, Suite 103 Key West, Florida 33040
305/296-0556 305/293-0251 facsimile www.tampoa.com

October 5, 2006

Dear TAMPOA Member:

Much has transpired in the past two weeks. Here is a very brief summary of events and actions.

Approximately three weeks ago, on advice of counsel, we established a checkpoint at the guardhouse. The Board of Directors set policy for the guards to ask for names and destinations. We denied no one access. The purpose was to clearly establish control of Southard Street in order to avoid a possible attempt to claim waiver of our rights by the City. The point has now been made and we will allow passage without identification until the issue is decided in court.

On Thursday, September 21st, a group confronted a guard at the guardhouse. We believe that our guard was assaulted and we also believe that several public officials, and possibly others, may have involved themselves in actions that are in defiance of Florida Sunshine laws. Based on that we have filed an assault complaint with the State’s Attorney and we also have filed a comprehensive civil complaint against the officials who may have been involved. We have done this to protect our security staff and to defend our legitimate property rights. We have also done this to ensure that local officials continue to operate in the “sunshine”. The civil portion of the complaint is a thirty four page document and you may request an emailed copy from the office, 305-296-0556 Sterling@TAMPOA.com. Please read it. It is the best summary of the City’s malfeasance and our good faith attempts at resolution.

On Sunday, September 24th, a group of about seventy five to a hundred persons demonstrated on Southard Street. We believe that a permit was illegally granted to trespass on our private property. In the long-term interests of our members we can not allow the illegal takeover of private property and we have asked the court to grant an injunction against further illegal incursions until this matter is decided in court. The court did not agree that our request for an injunction against further public demonstrations on Southard Street is an emergency so it will be heard in several weeks. And although the judge stated that if the Bahama Village Consortium were to enter this issue now he would not allow them, but inasmuch as they had been accepted previously as an intervener he would allow them to have their day in court along with both TAMPOA and the City. Again, you may request a copy of this from the office.

On Tuesday, September 26th, the court refused to accept the City’s contention that our pending case for specific performance/breach of contract against the City should be dismissed. This is a preliminary but important win for us because it brings this issue closer to a rational conclusion. Our pleading, in essence, requests that the court enforce our legitimate traffic contract. The City must now respond in writing and in court to our contention that we own Southard Street and that we have a legitimate contract. You may also request a copy of the Judge’s order quashing the City’s motions from the office.

We should also note here that we have done exhaustive research that verifies our clear title to all the streets in the Annex.

In support of our position, and in recognition that both misinformation and lack of information is rampant in the public and the papers, we have run informational ads in the local papers. We are confident that the public will more fully appreciate our position and the justice of our actions if they are given more information. We also believe that public opinion may positively affect both judicial proceedings and settlement possibilities. You may also receive a copy of this information from the office.

On Sunday, October 1st, The Citizen published much more information and photographs of the gatehouse incident. It is a significant change of direction by this paper in favor of TAMPOA. Evidently they have come to understand that some of their reporting and coverage has not been entirely objective and we are pleased to see progress in that sector. Please read the October 1st Sunday paper cover story and editorial on-line at http://keysnews.com. It is not entirely positive but it encourages the City to come to the resolution which the board approved many months ago.

This summary may not answer all your questions but we encourage a careful reading of the information that is available from the office. They will provide all necessary detail. They are lengthy but they are reflective of the enormous amount of background time and work that has been the responsibility of your directors. It is best for each member to apprise themselves of this information before coming to opinions. Not all members agree with our actions thus far but most do. We welcome your opinions, pro or con, but try to give us specific, productive suggestions.

We close by simply stating that all directors and staff are intimately involved with the events of the past few weeks. We have made countless and lengthy contacts with City officials and will continue to work diligently, as we have over the past several years, to achieve a fair resolution to this very important issue. We will continue to accept and consider all reasonable suggestions and assistance.

YOU can help by calling in your support to the Citizen’s Voice 305-294-5800, Commissioner Verge 305-809-3845 Bverge@keywestcity.com and Mayor McPherson 305-809-3840 Mayor@keywestcity.com and urge that they seek resolution.

Respectfully,

Board of Directors, TAMPOA


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