A Letter From Tom Tukey

We received a "members letter" from Tom Tukey, President of the TAMPOA Board, late yesterday. We assume this is part of the TAMPOA Board's effort to better communicate with TAMPOA members. Here is the letter without comment. We'll save our comments for later. We'd like to hear yours.

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

December 7, 2006


Fellow TAMPOA Owners,

There was much discussion at Monday’s (Dec. 4) Board of Directors meeting about “goals.” As we have published in the local media and as we have stated several times in our newsletter, the goals of your Board include the protection of property values and rights, the upholding of a contract, reasonable access by the public to the projected waterfront park and security for our residents. Both the traffic contract entered into by the Board of directors in 2000 AND the plan that was agreed upon at mediation in March of this year, met all of these goals. On the other hand, the City has never established cohesive goals. What we have learned is disturbing.

One commissioner has stated that he does not believe that contracts entered into by one Commission are binding on a following Commission. This is an incompetent belief. Consider what would happen if the opposite parties to all City contracts held the same belief. That is, anyone could simply abandon the contractual obligations that they had with the City. This flawed concept guarantees legal and operational havoc.

Another commissioner has stated that the City should get all they can in an eminent domain action. They should be able to own all streets in Truman Annex and allow public vehicular traffic on all streets at all times of the day or night. This would violate the quiet enjoyment of many residences. It would be a complete reversal of the peaceful environment that allows for extensive pedestrian, bicycle and roller blade activity and the maintenance of our property values.

A third commissioner has proposed that traffic meters be installed on all of our streets to increase City revenue and ease Old Town parking pressure for tourists. Again, please consider the total visual transformation to our streets and the erosion of our security should this happen. For those who think property values are not at stake, please, think again.

To continue, objections have been raised, by interests who do not own homes here, to our current prohibition of large diesel-powered busses. This is so that the transport of passengers from the very largest cruise ships via Southard Street can be expanded. The noise and noxious transit of such vehicles benefits only those who promote their own money-making opportunities.

Another developer has openly encouraged the Commission to expand the City tax base by allowing the development on the waterfront of all types of establishments including restaurants, bars, affordable housing and retail stores. Such development would displace the agreed upon green space that was originally proposed for all City residents. It would also negatively affect the views and tranquility of Noah’s Lane, Mills Place and parts of Harbor Place.

It is a mistake to assume that the funds that have been spent to keep the City from breaching its obligations to TAMPOA relate only to traffic on Southard St. There is much more on the minds of some officials and there is nothing more attractive to a developer than free waterfront land in Key West

But returning to traffic for a moment, some have suggested that the current traffic is not a problem or that residents on Southard Street should have known better. There are several responses to that. First, owners have known for six years that there was a contract with the City that would significantly reduce traffic and they have patiently lived with it. Second, many buyers relied on the integrity of this contract when they purchased. They made plans involving the expenditure of hundreds of thousands of dollars. Third, other residents would simply disagree. They strongly feel that traffic is already a significant problem. They say that the increasing number of school busses, re-supply vehicles, dump trucks, NOAA patrons and park tourists ARE a problem NOW. And lastly, under the continued breach and future development ideas of some, the current traffic problems will only increase.

To further discuss the gates on Southard Street, the original contract in 2000 agreed upon by the Navy, TAMPOA, the State of Florida, and, the City Commission by unanimous vote, had gates. The mediation in March, after TAMPOA sued the City for specific performance, had gates. Unlimited access during all hours that the public would need access to the various entities from Admiral’s Cut to Fort Zach would be allowed. Gates would only be closed at night. As you know, the City refused to act on the mediated settlement just as they refused to act on the 2000 contract. Access control is vital. According to published studies reviewed by the Board the value of a gated community relates to the ability to control traffic on its streets. This ability to control traffic is vital to property values both in terms of defining the bounds of property and, especially, in controlling traffic after dark. Gates enhance nighttime security for our residents, prevent late night access from the waterfront and act as a suppressant to the development of restaurants, bars and other retail establishments.

To protect against these real prospects of increased traffic, security erosion, commercial waterfront development, parking meters and public vehicular traffic on all our streets, the Board made several decisions on Monday.

1. The Board decided to continue their two-track approach to achieve their goals. This includes continuing dialogue and negotiation with the City through Commissioner Verge as well as proceeding with efforts to have the court system uphold our legitimate contract.

2. The Board decided to adequately fund the association budget to allow for costs associated with litigation. This means that the quarterly assessment will increase to $1150.00 and the special assessments will be $400.00 each in January, April and July. If these total amounts are not needed the Board will adjust them down.

3. The Board will ask the Bahama Village Consortium, despite other differences of opinion, to band together and agree that the best use of the waterfront land is primarily as a park for all the City’s residents. This was the original vision. If that vision of open green space is lost, it will be lost forever.

If this traffic and development issue is left unresolved it has the potential of being profoundly negative and long-lasting to our members. The Board has tried with the City on multiple occasions over many years to resolve it, only to be met repeatedly with inaction and misrepresentation. It is their pattern of behavior. At this point, “trust” on our part would be irresponsible. This is why we will continue to endeavor to informally resolve this issue but we will also continue with our pursuit of a legal remedy.

Respectfully,
Tom Tukey
Thomas B. Tukey
For the Board of Directors