TAMPON

A Thought For The Week Of September 3, 2007

2007-09-03T08:28:00.000-04:00

"Things change moment to moment, things are impermanent. We worry over the past, we anticipate the future, and we barely perceive a shred of the passing moment."

~ The Dalai Lama

A Thought For The Week Of August 27, 2007

2007-08-27T09:13:00.000-04:00

"On this day I pledge neither to shy away from growth in myself, nor to require perfection in order to like myself. I will recognize through self-love that I am in a continual state of renewal and evolution."

~ Eric V. Copage

Not Enough Babies Are Pooping

2007-08-25T06:35:00.000-04:00

More than a year ago Kimberly-Clark, makers of "Huggies" diapers, announced it was closing the Corporation's Lakeview diaper plant and eliminating 510 jobs. In June of last year Kimberly-Clark laid off 105 employees. Some of those whose jobs were eliminated took early retirement. We don't know how many of those came to the Keys.

However, obviously the demand for diapers must have slowed. How can that be? Are babies pooping less? Although there may be fewer babies pooping, there is still plenty of poop in Key West. Maybe Kimberly-Clark could avoid more layoffs by providing diapers for all the chickens here in Key West - a kind of killing two birds with one diaper idea. Kimberly-Clark sells more diapers; Key West has less chicken poop. Everyone wins.

If the chickens are diapered, the chicken shelter the Assistant City Manager was once trying to build will never make it to the Superfund cleanup list no matter whether the chickens are rounded up, have escaped, been stolen or secretly released. Diapering beats trying to kidnap or kill them. Besides, diapers for the chickens certainly have a better chance with the City Commissioners than Truman Annex.

Maybe there will even be some left over diapers large enough to fit some of the commissioners who seem to be acting like chickens lately, now that elections are almost upon us. After all, if astronauts can wear diapers, why not the Commissioners?

For that matter, why not the TAMPOA Board and its lawyers. It may give them the stamina they'll need to sit through yet another round of mediation with the City come late October. Oh yes, in case you hadn't heard, thanks to being in federal court -- that brilliant idea hatched by the Board's lawyers and launched last February -- there is now to be more mediation with the City that wouldn't honor the first mediated agreement.

So we do hope, however, that they all (Commissioners, Board members, and lawyers for all sides, including the Navy) order their diapers early -- we wouldn't want any more workers to lose their jobs for lack of diaper demand. Besides, we've noticed that one size of diaper doesn't seem to fit all and some folks may need extra large, especially with the election and then the mediation coming. At the mediation alone there's likely to be enough methane generated to fill a greenhouse. When added to what will have been produced by the candidates and the BS generated during the election cycle, the need for diapers seems obvious. Who knows? Diapers may help the candidates contain themselves. As for the Board and lawyers? They're hopeless, unless, of course, the diapers were to be worn over their mouths.

A Thought For the Week Of August 20, 2007

2007-08-20T09:20:00.000-04:00

"Sometimes it's hard to even know that you've got it good until it's gone and you feel the absence. Appreciation makes you observe the details, to attempt to see what you haven't noticed before and be glad that you finally did notice it. It makes life richer and is not the kind of thing you need to spend money on."

~ Soanya Ahmad

Time To Let Go Of The Gate Idea

2007-08-15T10:56:00.000-04:00

Maybe it is time for the screwball idea of a gate at the Southard Street entrance to Truman Annex to go. We had thought the idea had been abandoned by TAMPOA -- at least that's what it told members prior to February 2007. Suddenly, however, the gates idea was back with a vengeance when the federal complaint was filed and is also in the new federal complaint. This idea seems like something from Dr. Strangelove that springs like the uncontrollable hand from a TAMPOA fantasyland. The reality is there will NEVER be a gate at the current entrance to Truman Annex on Southard Street. When TAMPOA will get this, if ever, we don't know. But to avoid continuing to look like idiots, the TAMPOA Board needs to instruct its lawyers to abandon this albatross, and soon!

The truth is the Navy will never allow a gate at the Truman Annex entrance on Southard Street and everyone knows it, including TAMPOA if it were realistic. The June 26, 2007 letter the Navy sent to TAMPOA demanding that it open the gate next to Harbor Place should be handwriting on the wall that a gate at the Southard Street will not be tolerated. (We'll have more to say about that up-coming fiasco in a future post).

Now, imagine what will run through the mind of the federal judge (or any judge) when the Navy or the City shows the judge this picture from Cayo Dave's article about what alternatives TAMPOA actually has. The judge, as anyone (including a juror) with common sense, is going to think, "that doesn't look so bad," and is a possible solution that meets TAMPOA's stated interests in a "gated community."

Such a plan also deals with TAMPOA's rather illusory fear of being sued by the ultra rich who bought mega homes allegedly thinking (if you can believe it) that they were buying into a gated community. Under such an alternate plan, Southard would remain open, and if TAMPOA insisted, it could have its gates, transponders and all, for those who want them, on Emma Street.

There are really two groups whose interests might not be totally satisfied by such an alternate plan. One will be the folks on the west side of Southard Street, but there are only about half a dozen or so of them whose homes actually face the street. For the other few Southard Street runs along the side of their residences giving them less to complain about as there are a number of fences in the Annex that run along the sides of residences.

The other group to complain will be the those in big houses near the intersection of Emma and Southard who will not want a gate on Emma near their residences. The solution to that complaint can be found in the design of the gate so as to make it less obtrusive, or to abandon the gate altogether for some other restraint like high tech retractable tire spikes.

The bottom line is there is never going to be a gate at the entrance to Southard Street, so why is TAMPOA wasting time and money on this issue when there are truly more important issues in the litigation? Beats us. It's just weird.

A Thought For The Week Of August 13, 2007

2007-08-13T07:16:00.000-04:00

"Exhaust the little moment. Soon it dies.
And be it gash or gold it will not come
Again in this identical disguise."

~ Gwendolyn Brooks

Why Not Buy Southard Street?

2007-08-10T07:20:00.000-04:00

Commissioner Jose Menendez, in a flight of fancy, has suggested that Wisteria Island be turned into a gaming mecca. Mayor McPherson wants the City voters to consider buying Wisteria Island, saying the issue is preservation and never has been annexation. Preservation? Really? Preservation from what? The island is already preserved if not pickled. Until some good citizens came along and organized a cleanup the island was a twenty-one-acre dump that neither the owners, the county or the city seemed to care about.

The City doesn't need to buy Wisteria Island to turn it into a park. The would be developers could do that and charge money to go there. It seems that the City Commission has linked annexation with development. Indeed, they are separate issues. The City could annex Wisteria Island any time its wants. The problem is the messed up laws the City has on development. If the City annexes the island, under the existing laws, the developers could build homes on the island. That's not an annexation problem. That's a development problem. That's what the City needs to work on, but, of course, it won't because the City is controlled by developers.

The Mayor is a realtor, after all, which is why one ought to be suspicious of any proposal that the City buy Wisteria Island. One has to ask, "Why?" The Mayor doesn't really want the voters' nod to buy the island; otherwise the proposed referendum would be given a green light and made a binding referendum. So what's behind all this wrangling over Wisteria Island? We're all ears, Mr. Mayor!

Meanwhile, we have a suggestion. If the City thinks it can buy Wisteria Island, why doesn't it buy Southard Street? It would likely cost a lot less and solve a whole bunch of issues for the City, not to mention that it would put an end to what may ultimately be a costly lawsuit for the City.

The reality is that the City does not have the money to buy (or even pursue eminent domain over) Southard Street. And the City doesn't have the money to buy Wisteria Island either. If the Mayor is proposing to ask the voters something, he 'd probably get a more positive response if he asked the voters whether they'd finance an eminent domain suit to take over Southard Street.

Dumb And Dumber

2007-08-09T09:17:00.000-04:00

' We've got a list of bridges, some of which are unsafe, but we won't give you the inspection reports because we don't have to. There's no law that says we do.' That's the figurative message The Citizen got when it asked for the reports of bridge inspections from the The Florida Department of Transportation. What kind of crap is that?

Doesn't that just give you real confidence in the Florida Department of Transportation? Here is a public department - a branch of state government - designed to serve the people, and it won't even let you see any reports about bridges over which you have to travel. Where, pray tell, is the leadership in that department? In this case, asleep at what is supposed to be the bridge between the Department and the public.

This dumb move to keep the reports secret and the even dumber refusal to give the reports to a newspaper doing a follow up story on the collapse of the Interstate 35W bridge in Minneapolis is nothing less than appalling. What ever happened to common sense? Apparently the folks in the Florida Department of Transportation who made the decision not to release the reports have none.

That stupid decision is a case in point why the Florida Sunshine Law needs to be strengthened. Now, the question is: what is Governor Crist going to do about such arrogant stupidity? The wise move would be to say to the secrecy morons in the Florida Department of Transportation, "Give The Citizen and other members of the public the reports" or take a hike -- a permanent one from your job! "

The Lesson From No. 756

2007-08-08T09:49:00.000-04:00

If you watched, it happened last night with a steak of white into the night. For a moment everything stopped as the enormity of the moment sank in. Hank Aaron's 33 year old home run record was history. One era was over. Another had begun.

Whatever you want to say about the now number 1 career home run hitter, Barry Bonds, there is a lesson in all of this. Through out it all Bonds has focused on the future, knowing he could not undo the past, nor could he control what others would think of him no matter how hard he tried.

So he chose to control what to some extent he could: the path of the baseball in the air. By focusing on the present, Bonds, however controversial, has made his mark. He is the home run leader. He has hit 756 home runs; more than any one else.

A Thought For The Week Of August 6, 2007

2007-08-06T08:22:00.000-04:00

"Courage is the other side of fear."

~ Conchette

Piss And Vinegar Is It?

2007-08-04T08:55:00.000-04:00

"When Harry Bethel was in his 20s and 30s, he was full of piss and vinegar, but people grow and mature. . ."

That they do. That's why we don't care whether or not Harry Bethel was fired some 33 years ago, or whether back then, as he reportedly has put it so colorfully, he was "full of piss and vinegar." Bethel is right that what happened 30 some years ago shouldn't be a factor in whether he gets elected to the Utility Board.

What does matter is what kind of candidate Bethel is today and whether the current happenings in his political life as well as his political views make him the best person to represent the citizens on the Utility Board.

Now that Bethel is "mature," it's his record on the City Commission and current doings that need to be measured to see how he stacks up against the other candidates, Charles Lee and Ty Symroski, in the quest for the Group 1 seat on the Utility Board.

Cutting Through The Crap

2007-08-03T09:20:00.000-04:00

Remember the two folks who were arrested while they were handing out Gideon Bibles near a school in Monroe County? The Gideon folks believed they had a right under the First Amendment to pass out bibles on the bike path where they apparently were. Well, they had a court hearing recently, and the judge threw out the case.

The State Attorney said the defendants were trespassing. "This was never a free speech case," . . . he said. "It was a trespass case."

Yeah, right! No one believed that for a Key West minute; including the judge. Of course this was a First Amendment case. Who was the prosecutor trying to kid?

This was also a case of an over zealous prosecutor who apparently didn't have a case or forgot to bring it to the Courthouse. The case never should have been brought in the first place. Once it was, however, the prosecutor should have accepted the plea deal offered by the defense attorney. It's likely that emotion and ego got in the way. And then there was face-saving to be done.

So Judge Payne cleverly cut through the crap and did the right thing.

Keys Energy Going Green?

2007-08-02T07:40:00.000-04:00

It was interesting to read the PR piece in Saturday's Citizen (6-28-07) by Julio J. Barroso, Communications and Marketing Coordinator for Keys Energy Services. He makes some good points in terms of what the energy company is going to do to help address the environmental impact created when electricity is produced. Particularly interesting were his comments about the increased efficiency to be gained in electric transformer conversion and the use of LEDs. He notes that while the initial cost of such conversions are "higher than conventional replacements," the increased "life expectancy and efficiency of such units quickly pay back on initial investments." Translation: they are cheaper to operate and Key's energy can make more money.

Now what we'd like to see is some of that cost savings passed back to the consumer. What do you want to bet that as it "grows green" Keys Energy will be trying to -- heck, they will -- raise rates. But wouldn't it be nice when, as Barroso claims, "such units quickly pay back on initial investments" for Keys Energy customers to see some of that savings in the form of cold cash or a reduction in those rates that were increased?

Of course, we weren't born under a clam shell, and you know too that the likelihood of seeing any refund or rate reduction of that kind is slim to none. And that is what makes us wary of the kind of PR efforts reflected in the Barroso article. However, we can still hope that maybe one day there will emerge a company where the words used to talk to the public don't have to be described as PR. If we see it, you'll be the first to know.

Finishing Monroe County's Sewer Projects

2007-08-01T08:00:00.000-04:00

State Legislator Ron Saunders is right to question Monroe County's desire for a 1 cent hike in the sales tax so the County can finish its sewer projects. In fact, one could ask why give the County any more money when it has wasted almost enough money over the years to finish the project.

Two recent examples of such waste come readily to mind. The first is Monroe County's courthouse that is not yet finished and, like the sewer project, has become a boondoggle and a financial nightmare. The second is the unneeded airport the county is spending millions on that has also become a boondoggle with costs spiraling out of control.

Legislator Saunders wants the State to allow Monroe County to issue bonds to complete its projects. But where will the now almost broke County get the money to pay off the bonds? And what will be the exact cost of finishing the sewer projects? Who knows? And that's the problem, isn't it? That's been the problem (among others) with the courthouse and now with the airport.

From our point of view, the County should not get dime one until it stops wasting the taxpayers' money like it has on the two projects just mentioned. And frankly, we would be loathed to buy any bonds issued by Monroe County for any new project until it cleans up its contract-administration act.

Now Six Are In The Race

2007-07-31T10:17:00.000-04:00

There are now six mayoral candidates. Joseph "George" Claing has joined the Mayor's race.

He along with five others, current mayor Morgan McPherson, Jimmy Weekley, Rolland Montefalcon and Sloan Bashinsky will compete in the October 2 election.

Bethel Has A Challenger

2007-07-31T09:15:00.000-04:00

City Commissioner Harry Bethel who is not seeking re-election to the City Commission but, instead, is seeking the Group 1 seat on the Utility Board finally has a challenger. He is Ty Symroski, the former City Planner of Key West. He is 55 years old and has lived in Key West since 1984. He was City Planner from 1998 to 2006 when he left to take a job as the Growth Management Director with Monroe County. He left that job this year, indicating differences with the County Administrator. (Given the messed up County situation, voters should not hold that against him). As for his other credentials, Symrosky has a bachelor's degree in land-use planning and a master's in regional planning.

It should be an interesting, but tough race. Bethel will be a formidable candidate, despite his troubles. He is being investigated for an ethics violation in connection with a dinner on Sunset Key that he and City Commissioners Danny Kolhage and Clayton Lopez allegedly attended with a VP of one of the companies involved with the development of Wisteria Island. Bethel later returned a $1500 campaign contribution from the family of developers who had supported the annexation of Wisteria Island when it was before the City Commission.

Stay tuned.

More Construction Near Ttuman Annex

2007-07-30T09:59:00.000-04:00

In case you haven't heard, the Key West Planning Board last Wednesday, June 25, 2007, approved the addition of a fourth floor to the parking garage at the Westin Resort and Marina. The floor will provide 114 more parking spaces and will not have a roof. If you live nearby, plan for more dust and noise.

One consolation. At least the project will likely be finished before new the Monroe County Courthouse, which at the glacial pace of construction there may not be completed before the decade is out.

Why? Because unlike the Courthouse debacle, Westin has an incentive. No one is going to pay $500 a night to stay at the Courthouse.

A Thought For The Week of July 30, 2007

2007-07-30T07:51:00.000-04:00

"Don't be afraid of failing. It's the way you learn to get things right. It doesn't matter how many times you fall down. What matters is how many times you get up. And don't wait for everybody else before you do something."

~ Marion Wright Edelman

Being Chintzy In Hard Times

2007-07-29T07:09:00.000-04:00

All but one of the Monroe County School Board members has refused to give up $2, 946 of their salary for the sake of Monroe County students. The pay cut would have them still making $26,519 plus having all their official travel up to $10,000 reimbursed. Considering that the Board eliminated an assistant principal position at Marathon High School, the refusal by the Board to share in the belt tightening required by the state budget, seems chintzy.

In some states, school board members don't get paid a pittance of what Monroe County Board members do. One has to believe that there are a lot of folks out there who would gladly serve on the Board for a lot less than these Board members are earning.

Their stinginess when it comes to cutting their own salaries makes us wonder. Do they really care about the kids?

And Guess What?

2007-07-29T07:00:00.000-04:00

The City has published a notice that on August 7, 2007, at 6:00 p.m. in Old City Hall, the City commission will finally take up the tattoo parlor matter by having a "first reading" of a proposed ordinance "creating Division 13 Tattoo establishments."

Of course, there is a hearing on Tuesday, July 31, 2007 in Circuit Court on the lawsuit one tattoo parlor, Key West Ink, has brought against the City. Don't you suppose that 's what the City Attorney's Office is going to tell the Circuit Judge in an effort to buy more time for the City. Will it also buy settlement leverage for the City? It's anybody's guess on this one.

And Now There Are Five

2007-07-29T00:15:00.000-04:00

Candidates for the Key West Mayor's job, that is. The current mayor, Morgan McPherson, will have to run against former mayor, Jimmy Weekley, as well as candidates, Joseph "George" Claing, Sloan Bashinsky, and the newest entrant, Rolland Montefalcon.

Weekley and McPherson are the front runners. Will any of the others be spoilers?

Must Have Been The Kilt

2007-07-28T13:10:00.000-04:00

Is it true what they say about kilts? Maybe so.

In this strange incident in Fargo, North Dakota, a man wearing a kilt and a T-shirt reading, "For Sale," was arrested after he and a woman were they were observed having sex behind a house. The arrest occurred when the couple refused to stop upon police command to do so.

Only the man was charged, proving, we guess that it's not a crime in Fargo to get under a kilt.

Atlantic Shores Is History

2007-07-28T09:53:00.000-04:00

The picture on the front page of today's Citizen says it all. Atlantic Shores, a counter culture hotel that hosted Tea Dances, a clothing optional pier, movie nights, fundraisers, and special events and also offered "reasonable" in season hotel rates has been demolished. In its place, will rise a new hotel with $350 a night rooms and a new name, the Southernmost at the Beach Resort. That's "progress" -- change -- in Key West.

Somehow, it seems symbolic of what is happening to the rest of the Island, and it doesn't feel good. Oh well, I guess we're just getting old.

Thankfully the Green Parrot is still here, and we can still walk.

Yet Another Food Recall

2007-07-28T08:50:00.000-04:00

This one involves the removal of more than 100 tainted products from Castleberry's Food Co. Some of the products wound up in Key West grocery stores and were removed.

This latest recall really makes you think about what we are eating, not to mention who's minding the food inspection store. It certainly doesn't appear to be the Food and Drug Administration these days.

See the list of tainted foods here. According to the Company's July 21 press release, the original recall that was "announced on July 18 included 10 products" but was expanded on July 21. There is more information on the main page of the Company's website about the "Great Value Chili products included in this recall" according to the Company's website. Check it out here.

Who's Minding The Tattoo Suit?

2007-07-28T08:00:00.000-04:00

Let us get this straight. The Key West Ink tattoo parlor lawsuit against the City is going to a hearing before the Circuit Judge on Tuesday, July 31, 2007. The lawyer for Key West Ink has offered to settle and resubmitted a proposed settlement agreement to the City Attorney on Tuesday, July 24. In the settlement, the City gets the lawsuit dismissed, pays no damages, and pays no attorney's fees. The tattoo parlor gets to open and is subject to all laws the City Commission might pass, however restrictive.

However, with a deadline looming that the City has known about for months, the City, apparently, has not responded to the offer. Reportedly, the City Attorney is out of the office until Monday, July 30,2007, leaving it to the City Manager to respond to the press with some lame excuse why the City can't seem to decide if it likes the proposed settlement.

What are we going to have here, another Duck Tours case where the City now has to pay mega bucks but could have avoided doing so if it had taken the matter more seriously and made the required critical decisions in a timely manner? City officials are hired to make tough decisions, but they don't seem to be doing much of that here.

Mind you, we don't care whether there is a tattoo shop on Duval Street or not. But we do care about how the City makes decisions and how principled it is in doing so.

A decision on the tattoo parlor settlement is not rocket science, but in typical Key West fashion, the City appears to be deciding not to decide. This is just plain irresponsible.

In case the City thinks the public isn't on to this tactic of not deciding, the City is wrong. Not deciding is a decision. At least with us, the City is not going to get away with its usual mantra of, " Well, we just ran out of time. Guess we'll have to see what the judge says." The public deserves straight forward principled decision-making in its city government, and so far, in the tattoo matter at least, doesn't seem to be getting it.

Wisteria Island Cleanup

2007-07-26T07:50:00.000-04:00

Kudos to Theo Glorie and the Coffee Plantation crew of volunteers who helped with the cleanup on Wisteria Island this past Sunday. Kudos as well to Amoud Girad's Key West Water Taxi; and to Waste Management who donated the dumpster. This cleanup is a fine example of Key West's "Do-it-for-ourselves" philosophy. Or as Grandpa used to say, "If you want it done right, do it yourself."

Our only questions are where were the owners and developers of Wisteria Island all this time before the cleanup? And why did it take an army of volunteers to do their work? If the Wisteria Island development ever comes up again before the City Commission and / or the voters (and you know it will) these questions should be at the top of the list before any yes vote on potential development.

The Dems Debate

2007-07-25T09:30:00.000-04:00

Did you watch Democrats' debate on CNN Monday night? Probably you watched in KW only if you are into politics or were curious about how the YouTube-asked questions would play. Actually the debates were interesting if only for their illustration of the coming shift in electoral politics on a national level.

The pitch now really is to the computer generation. The candidates are learning that this is (perhaps) the only group of voters that still believes it can make a difference and that who's in the White House really matters. Many, if not most, other voters, have come to recognize politics for what it is: money rules -- and with a vengeance.

Another reason the candidates are pitching the computer generation is that, next to the moneyed crowd, the computer generation has greater communicating power. It is a group that actually talks to each other, albeit in a way few others may understand. That, of course, is why each candidate has a commuter-savvy staff or blogger consultant who is likely to be twenty something.

In case you didn't know, it is these twenty and thirty-somethings that have the Congressional staff jobs in Washington. You almost have to be that young (or be on some serious drugs) to be able to stay awake for the 20-hour days (and sometimes more) working in Washington often requires. Think about that the next time you want a waking nightmare. The most crucial recommendations that turn into decisions for the country are being made by twenty-and-thirty-something staffers on something less than 4 hours sleep a night! They only bring in us older folks when the smelly stuff hits the fan, and then only to clean it up. What a life!

BTW, those in the twenty-something crowd outside the Beltway are the harshest critics of politics. So the candidates know that if they can reach these folks, they can really strike a nerve in the country, and perhaps for the long term. In that sense the stakes are really high.

However, as one long-term Speaker of the House -- the over-65 crowd will know who he is -- put it, "All politics are local." Thus it will be interesting to assess the situation in KW once the candidates get rolling. Particularly interesting will be the style of "appealing" to the voters. Do any of the current flock really look appealing?

Ugh! The very thought makes me want to go for a walk along the beach to clear my head of all the nonsense, with more to come, that I just dread.

Right now turtles seem a lot more "appealing."

A Thought For The Week Of July 23, 2007

2007-07-23T08:13:00.000-04:00

" You've got to think about big things while you're doing small things, so that all the small things go in the right direction."

~ Alvin Toffer

Giving Back The Money

2007-07-20T09:20:00.000-04:00

Key West Commissioner Harry Bethel: "The Walshes give money during campaigns, so does Pritam Singh, so do all developers," he said. "But with all this going on, I simply chose to return the money."

Like, hey, yeah, guess so. Already under investigation for an alleged ethics violation, Commissioner Harry Bethel, who is not seeking re-election to the City Commission but is running for the Utility Board, decided to come down from his mountain vacation long enough to give back a campaign donation of $1500 from the family of developers who had recently asked that the city annex Wisteria Island so they could build about 150 plus homes there. Without annexation, under Monroe County's current rules, the developers could build two homes.

While the now withdrawn annexation request was was an issue before the Commission, Bethel along with Commissioners Danny Kolhage and Clayton Lopez just happened to have attended a dinner on Sunset Key with a vice president of the Walsh family companies.

By way of background, in many places there would be nothing wrong with several legislators meeting and talking with others and among themselves including discussing how they might vote on a piece of legislation. In Washington, DC it's done all the time. But that is not supposed to be the way it's done in Key West. Commissioners here are not supposed to have a meeting where pending matters are discussed unless the public is given notice of the meeting so members of the public can attend. That is, as we understand it, the gist of the Sunshine Law. There are also ethical issues with accepting (if it happens) something of value from a person interested in seeing a piece of legislation pass. So, in Key West, we are supposed to have open and ethical government.

But whether there are violations of the Sunshine Law or other ethical proscriptions depend upon what happened at a particular meeting and, of course, what was discussed. That is what no one seems to know, except those who were present on Sunset Key. And that is what the investigation is theoretically about.

What do you suppose these Commissioners were talking about? They certainly are friends (from time to time at least in the political realm). It is hard to serve on a political body for as long as these folks have and not like, or at least respect, each other even if your views are miles apart. So we think these Commissioners should tell the public in some detail just what went on at the dinner.

It would certainly be nice to know that, in fact, these Commissioners had only come for chicken and camaraderie and to listen to the sound of the ocean. After all, it is nice out there on Sunset Key. We've been there. Of course, never have we been in such august political company.

As for giving back the campaign contribution, that was certainly the right thing to do. Unfortunately the damage is done in political terms. The trouble is that the contribution now makes Utility Board candidate Bethel look bad politically. Now the savvy voters may well question whether Bethel should be their choice in the election; not because he returned the money, but because he got himself into the sticky wicket in the first place by attending the dinner on Wisteria Island.

It is ironic, sometimes, how the money every candidate needs to raise to run for office can, when obtained, be an unexpected political blunder that raises questions about the candidate's worthiness for office and provides grist for his opponents. But that's politics and what makes it exciting.

Quit Whining

2007-07-18T08:00:00.000-04:00

The Commissioners and the Mayor should quit whining about the fact that they can't collect more property taxes and may have to spend less money. This Commission hardly has been frugal. They could have paid a ton more to the police in salaries and other benefits had the City not engaged in dumb behavior that has gotten the City embroiled in lawsuits that have needlessly sapped taxpayers' money.

Will the public and City staff understand when the City Commission and current Mayor plead poverty while spending on lawsuits (and losing). We don't think so.

Too Many Diving Deaths

2007-07-17T09:27:00.000-04:00

There have been eight diving deaths so far this year in the Florida Keys. That's eight too many. Maybe it's time for a comprehensive review of these incidents to see if dive safety can be improved, especially with some of the tourist dive operations.

We know of an incident, which, thankfully, did not end in tragedy but could have because the crew of the dive boat was not aware the amateur diver was in trouble until after the diver had been pulled to safety by the crew of a nearby boat who had heard the diver and saw that the person was in trouble. This was an incident that should not have occurred. The kind of an incident demonstrates to us that the diver should not have been in the water and the crew of the dive operation should have kept a better lookout.

Diving is a wonderful sport, but it is also more risky for the inexperienced diver. It can be risky as well for the diver operation where the crew is not paying complete attention or an operation that has insufficient crew in relation to the number of divers to do so. There is no easy fix, and there will always be mistakes.

But this year there have been too many fatalities not to take a harder look at the problem. The deaths are not the only incidents that ought to be looked at more carefully. The incidents like we described above are not isolated and should receive intensive scrutiny so such incidents don't end up in tragedy.

We hasten to add that the responsibility is not always or only on the dive operation. Some divers just shouldn't be diving, and that they get into trouble is completely their fault. Unfortunately, when they do get into trouble they put others at risk who may try to help them. That argues for better training all around and more stringent safety considerations for both divers and dive operations.

A Thought For The Week Of July 16, 2007

2007-07-16T08:00:00.000-04:00

"Life is denied by lack of attention, whether it be to cleaning windows or trying to write a masterpiece."

~ Nadia Boulanger

Walgreens Settles Suit

2007-07-14T14:55:00.000-04:00

Remember a while back when we blogged about an employees' discrimination lawsuit against Walgreens? Well, the suit has been settled, with an agreement filed in the U.S. District Court in East St. Louis, MO.

Walgreens settled the suit, a class action brought by the U. S. Equal Employment Opportunity Commission, by agreeing to pay $20 million to as many as 10,000 African-American store managers and others. The settlement, if approved by the court brings to a close a federal civil-rights lawsuit charging they were denied promotions based on race.

Of, course, Walgreens denied any wrongdoing.

And Now Deleting Records

2007-07-12T08:50:00.000-04:00

Not only does the whole Jim Young code enforcement situation makes the City look bad, but it appears that the City may have gone ahead and deleted electronic records it should have known were going to be the subject of controversy or litigation.

In other jurisdictions and in the private sector, the courts have dealt rather severely with such conduct. In one instance we know of the court made the defendant pay for the reconstruction of the records from backed up computer records and also gave the jury an instruction that it could assume that the destroyed records would have been unfavorable to the defendant. The jury ultimately found against the defendant. It will be interesting to see how the judge in the Young matter deals with this situation.

Wouldn't it be nice if the City just played it straight for a change, so that cases like Jim Young's become a thing of the past. Does anyone really think that will be the case? Or will KW always be politically like the wild wild west?

In The Musk

2007-07-11T09:30:00.000-04:00

The plan was supposed to breath new life into Lake Okeechobee. Instead it revealed new pollution. That's what the thousands of truck loads of muck recently scraped from the bottom of the lake revealed when scientists analyzed them. Some of the muck contains high levels of arsenic and is too toxic to be used on agricultural or commercial land, let alone one's residence.

Should we be worried about this find? You bet! Consider what else may be lurking above, below, or in the water you are going to eventually drink.

Timed Sex

2007-07-10T08:28:00.000-04:00

Fort Lauderdale Mayor Jim Naugle says the city should buy a $250,000 robotic toilet for the beach because it has a timer that would prevent gays from having sex there according to a question being asked in a recent poll. What does the robot do when time's up? Ask R2-D2 to lock the door? Is this guy on the right star ship?

Stop Fish Swaps

2007-07-09T10:15:00.000-04:00

"Florida's fishermen have built a reputation for harvesting quality seafood. We do not want unscrupulous merchants to tarnish that hard-earned image." That from Charles H. Bronson, Florida's Agriculture Commissioner. Mislabeling or misrepresenting fish is a national problem and a fraud on consumers. Under Florida law the practice is also unlawful.

Among the abuses is the substitution of other fish (often catfish) for grouper. Restaurants that substitute one kind of fish for another and don't inform consumers will now face increased fines of from $250 to $500 from the Florida Department of Business and Professional Regulation, which is required to inspect Florida restaurants twice each year. This seems like just a drop in the bucket to us, but for good restaurants, their reputation is their business, and being charged with a violation, even without a fine, would likely be a deterrent enough. What concerns us is the restaurant owner who just doesn't care. For that kind of owner a $250 to $500 fine will be thought of as just the cost of doing business.

Now Florida has created a website to help consumers combat -- and report -- mislabeled seafood. The website also contains information about the seafood industry, seafood festivals, seafood recipes, seafood cooking tips arranged by species, and interesting links to other seafood related sites. We've added a link, called "Florida Seafood," so you can check it out. Let us know what you think.

A Thought For The Week Of July 9, 2007

2007-07-09T10:00:00.000-04:00

"There is one thing we can do, and the happiest people are those who can do it to the limit of their ability. We can be completely present. We can be all here. We can . . . give all our attention to the opportunity before us."

~ Mark Van Doren

Retraining A Dying Breed

2007-07-08T10:20:00.000-04:00

If you've got a gator in your yard and need someone to wrestle it, you may be out of luck in a few years. Alligator wrestlers are becoming in short supply.

But if alligator procreation has slowed down, which we doubt, the population of iguanas seems to be growing. There are now lots of these suckers on Stock Island, and they're moving west. These things grow to six feet and appear to have no predators. Moreover they can stand upright on their hind legs. That's quite a sight and, for the uninitiated can be quite scary. While we've never seen it, folks say there is a very large orange iguana that hangs out near the Florida Keys Community College on Stock Island.

In some places residents have complained iguanas have eaten every plant in sight and have devastated gardens and landscaping. Soon there may be a need for -- you've got it -- iguana wrestlers.

Perhaps the Florida Legislature as part of its Pork Projects can initiate a retraining program for alligator wrestlers so that the Iguanas may bring a new life's blood to the soon to be extinct gator wrestling business.

Stalling On Tattoos

2007-07-07T10:04:00.000-04:00

The City Commission can move swiftly when it comes to the Hemingway cats and make an exception to the city's ordinance prohibiting the keeping of more than four domestic animals. But when it comes to saving the City money and avoiding a costly lawsuit over the tattoo parlors on Duval street, the commissioners seem to be playing chicken.

The do-nothing commissioners, it seems, would rather wait for a judge to confirm that they can't bar the tattoo parlor from Duval Street and award injunctive relief, possibly damages, and certainly a slew of attorneys' fees against the City, which is already straining under the weight of the Duck Tours judgment and the cost of the mitigation, the attorneys' fees, and the payment to the environmental consultant as a result of the City's illegal cutting of the mangroves across from Bayview Park.

The City Commission's lack of action is just plain irresponsible. However, like the failure to sit down with the TAMPOA Board and resolve the Southard Street dispute, the Commission's failure to deal with the tattoo parlor issues seems to be typical of the way this Commission has treated tough issues and ignored the public interest in the process. It seems to us that no matter how one feels about tattoos, the Commission should have had the guts to deal squarely with the matter instead of effectively making it too late to avoid the consequences of inaction.

We doubt that the voters will forget how this Commission has behaved when November rolls around.

Don't Look In The Freezer

2007-07-07T09:18:00.000-04:00

If you're a dinner guest, don't look in your host's freezer. You never know what you may find. On Tuesday, July 3rd in Verviers, Belgium, a city 78 miles east of Brussels, a dinner guest did just that.

After dinner, she volunteered to help with the dishes. When she was done she decided to put the leftovers in the freezer in the basement. She went down, opened the freezer door and found two bodies: one of the hosts wife and the other of his 12 year old stepson.

The other guests notified police who identified the bodies. The host admitted that he and his wife, who had been stabbed and placed on ice for several weeks, had had a bit of a quarrel, but he could not explain the death of the child.

Sounds like a plot line for a budding KW novelist, doesn't it? They say truth is stranger than fiction.

That Sickening Scent

2007-07-06T12:05:00.000-04:00

"You smell and I'm so sensitive I have to go home sick" is the message being given, according to the Associated Press, in a lawsuit filed under the Americans With Disabilities Act (ADA) by an employee in the City of Detroit's Planning Department. The employee also claims that a plug-in room deodorizer only made matters worse. She wants a ban on strong scents at work.

We've all been there. You know, in line where the person next to you or a few people behind or in front smells like someone who was playing in a perfume garden and couldn't figure out which one to wear, so she/ he decided to wear them all. Unfortunately, the one with the real disability and the one who's sick isn't you the in line. You only have to hold your breath or inhale and then run for the coffee beans to preserve what's left of your olfactory nerve endings. The one with the real disability, the real sicko, is the one who doused on all that eau de crap in the first place.

But then, of course, the City fathers will get the blame for failing to control the eau de crap in the Planning Department. It seems like all Planning Departments have their share of eau de crap, and maybe KW is no different.

A Case of Humble Pie

2007-07-05T08:30:00.000-04:00

The lawyer we told you about a few weeks ago has taken a dose of humble pie. You will recall he was the one who told a Miami federal judge that she was "just a few french fries short of a happy meal." The judge had issued an order for the lawyer to show cause why he should not be barred from practice in the federal bankruptcy court in South Florida.

Well that wisecrack also has cost the lawyer his client, who fired him and his 1000 lawyer Chicago firm. It also cost him his position as head of his law firm's bankruptcy law practice.

Before appearing before the judge in response to the judge's order, the lawyer had decided that he would make a contribution to the Center for Ethics and Public Service at the University of Miami law school, which happens to be the judge's Alma Mater. He has agreed to do 200 hours of community service in Chicago, and his firm has said that it intends to increase its pro bono work in the Miami area.

Both the wisecracking lawyer and the head of the 1000 person firm appeared before the federal judge on June 20 and profusely apologized to the judge. The judge, after a recess and some thought, decided not to bar him from practice in her court. Instead, she ordered him to to take an online course in professionalism that is administered by the Florida Bar. The judge noted that, "There is no jurisdiction in the U.S. -- including the district where [the lawyer] regularly practices — where the expression and tone [he] used on May 7 would fall [with]in the bounds of acceptable behavior."

A Thought For the Week of July 4, 2007

2007-07-05T07:38:00.000-04:00

"If your mind is empty, it is always ready for anything; it is open to everything."

~ Shunryu Suzuki

Returning From A Break

2007-07-04T13:29:00.000-04:00

It felt good to get away and take a rest from the world of blogging for a bit. It gave us a chance to research some new material and to begin work on some of the changes we had planned for this blog. Unfortunately, they are still not complete enough to flip the switch. but they are coming along and should certainly be ready to implement by the fall. In the mean time, we have tried to catch up on the news and enjoy the summer happening around us.

We notice that there is a new computer store along Truman Avenue in Key West that specifically caters to the Mac crowd. We haven't had time to visit the new store, but we hear good things. The lonely Mac group in KW has needed a store devoted to the Mac for some time now.

And the new iphone has made its debut. Anyone out there have one and can give us the real scoop on how they like it? Can we believe all the reviews?

Here in KW, the new City Manager has taken over, and is being paid what he indicated he would accept, not what he Commission's negotiator proposed.

The politicians are beginning to get their campaigns in gear. Can you believe it, former Mayor, Jimmy Weekley, who lost by 24 votes to the current mayor, is set to make another run? So the citizens will have a chance to re-think their last choice, or to say, "none of the above."

We saw one of the candidates for the Utility Board out collecting signatures for his nominating petition the other day.

Commissioner Rossi is also running again. He and Todd German are locked in an election battle and are trading contentions. Guess we expected that.

The feds have their undies in a bundle over the Hemingway cats.

The Michael Moore movie, Sicko, is at the Tropic Cinema. We haven't seen it yet, but plan to do so.

The controversy over the assisted living facility proposed for the Truman water front is raging. We noticed that Truman Annex resident and occasional commenter here, David Lybrand, was part of a debate over the issues involved in a recent edition of the Key West Citizen. Both sides make some good points, but we have not yet decided which side deserves our support. Our current feeling is that there is much that needs clarifying and not enough plain talk at the forefront of the debate. The stakes and suspicions appear to run high on both sides.

Today is Independence Day, the day to think about "a more perfect union" and to honor our freedom that we so often take for granted. When you think about that In the larger scheme of things, some of the feuds we have over civic issues in KW seem small indeed.

It's Tough In Federal Court in Florida

2007-06-19T15:31:00.000-04:00

If you think North Carolina is tough on lawyers (having effectively removed a district attorney from office by pulling his license to practice), Florida may not be far behind in the toughness category. If you don't believe us, just ask the lawyer who told the judge in open court, that with all due respect, the judge might be just "a few french fries short of a happy meal." That Chicago-based lawyer is now in big trouble.

In trouble is a Chicago lawyer, from one of the bigger firms, who tangled with Judge Laurel Myerson Isicoff of the Federal Bankruptcy Court in Miami. She just happens to be the first woman appointed to be a bankruptcy judge in the Southern District of Florida and a veteran bankruptcy lawyer. She did not find humor the lawyer's comment. Read the transcript here.

The lawyer? Well, he'll have to get his rear end down to Miami on June 25, 2007 at 11:00 a.m.to explain to her honor why he should not be suspended from practice in her court. You can bet there will be many mea culpas in the works, especially at his hourly rate.

Surrounded By Caterpillars

2007-06-19T07:00:00.000-04:00

Most of the time we set out to fix things, when what we should do is just be. We think of so many things as chores that must be done instead of something to enjoy doing.

Some days there may simply be nothing to "fix." Some days it feels like everything is a caterpillar with no signs of becoming a butterfly. But just maybe that's how it is supposed to be, and our task is simply to enjoy the caterpillar.

It's A Cat; It's A Rac; It's Ticket!

2007-06-17T19:30:00.000-04:00

"We've been put on this planet and made caretaker of the planet, of the creatures here and of one another," he said. "At this point it appears we're not doing a very good job with any of those."

Those words come from a dedicated cat feeder. The Florida Fish & Wildlife Conservation Commission, however, doesn't seem to agree when it comes to feeding feral cats. The Commission seems to think the feeding is attracting not just cats but also raccoons, who a dedicated Officer says he's seen eating right along side the cats. Do you suppose the dishes were labeled, one for "Cat" and one for "Rac?"

The Fish and Wildlife Commission apparently has a piece of administrative code that outlaws putting out food or even your garbage "in such a manner that it attracts black bears, foxes, raccoons or sandhill cranes and thereby creates a public nuisance." An officer from the Commission has issued a $295 ticket to a well-meaning cat feeder.

So, when Bigfoot comes to your door for a visit, better be careful about feeding him. He may be followed by black bears, foxes, raccoons or sandhill cranes and you might be creating a public nuisance, not to mention aiding and abetting a stroll-away kitty.

A Swinging Door May Wake You Up

2007-06-15T07:48:00.000-04:00

If you don't know where you are, a swinging door may do the trick. We see that's the solution the Florida Department of Business and Professional Regulation and the McGuire's came up with to end their spat over the signs on the doors to the restrooms that we blogged about here. Although the signs had been up for 10 years at McGuire's Destin location and 30 years at its Pensacola pub, the Department had found them to be confusing. It had threatened to close McGuire's for "lack of signage properly designating bathrooms."

Under the agreement, McGuire's will install a swinging door "labeled men or women as appropriate" in each of the bathrooms according to the Department's Secretary, Holly Benson. The additional doors will be installed after the main door of the bathroom and before the stalls.

This will give you a second chance to read the sign and get yourself in the right place. Well, maybe. Presumably, if you're too drunk or in too much of a hurry to read, when the swinging door hits you in the head, you'll either come to your senses or pee in your pants. Either way, you'll high tail it out of there. Problem solved.

Get Some Shorts!

2007-06-13T08:58:00.000-04:00

It's been hot in Washington lately, but when you lose your favorite pair of expensive pants it must just send you to the edge of Wacky City. If you're a judge that is. Now going on is the trial in the case of the Judge's Pants. Washington Administrative Law Judge Roy L. Pearson, Jr. is suing his neighborhood dry cleaners for $54 million for allegedly misplacing his pants. What can one say? And folks wonder why the justice system seems broken? Will someone tell this fellow he can wear shorts in Key West where it feels down right sane.

Taking A Breather

2007-06-12T08:21:00.000-04:00

We've just returned from a little trip to the Miami area and a chance to sample some great food -- not that KW doesn't have its share of fine restaurants, but Miami is -- well, different -- as many of you know. We didn't lug the laptop along and actually didn't miss it. Frankly, it was fun to take a breather from daily blogging, and we have vowed to do it more often during this summer. So you may not see as many columns from as as you might have come to expect.

Also, we're going to be making some technical changes to the site that may limit our ability to publish daily while we get all the code to work the way it should. We are not going to rush things and so the changes will come slowly. We're certainly not computer gurus so we're likely to get stuck and have to ask for a good deal of help. We'll keep you posted as we enter this new phase.

A Thought For The Week Of June 11, 2007

2007-06-12T08:15:00.000-04:00

"There is nothing in a caterpillar that tells you it's going to be a butterfly."

-- R. Buckminster Fuller

Are You A $10 or $15 Plucker?

2007-06-04T07:24:00.000-04:00

Did you watch the Democrats' Debate last night? The Republicans will have their turn on TV soon. In Congress, however, the debate has not been quite as lofty as it was last night. It's been about money all right, but the subject -- well, that's the curious thing. As we listened with fascination, it occurred to us that the proper home for such a discussion topic would be right here in the Southernmost City.

The subject was chicken plucking. That's with a "P" if you please. There are, after all, more chickens of all varieties in KW that need plucking than anywhere we can think of. In fact, many have turned into turkeys just waiting for things to hatch. But, back to Washington where the debate over chickens is raging. Here's what they're saying:

KENNEDY: “I would like the chicken pluckers to pay $10 or $15 an hour. They do not do it. They are not going to do it. Who are you trying to kid? Who is the Senator from North Dakota trying to fool?” [Senator Ted Kennedy, Congressional Record, S.6452, May 22, 2007]

DORGAN: “Mr. President, let me stand up and say a word on behalf of chicken pluckers. I had no idea that was the debate. But they will never get $15 an hour as long as we bring in cheap labor through the back door to pluck chickens.” [Senator Byron Dorgan, Congressional Record, S.6452, May 22, 2007]

If this is what they are doing with your spare change in the Senate wing of Nation's Capitol, imagine what they are doing with your real money.

BTW, both Senators are Democrats.

A Thought For The Week Of June 4, 2007

2007-06-04T07:00:00.000-04:00

"Politicians are like diapers. They need to be changed frequently and for the same reasons."

-- Anonymous

City Manager's Contract Up For Vote

2007-06-03T14:00:00.000-04:00

The City Commission is scheduled to vote on Tuesday, June 5, 2007 on the Contract with the new City Manager designee. But a complete contract has not been worked out. The most important item, salary, has not been agreed to. The City's chief negotiator, Commissioner Bethel, has offered the lowest part of the salary range, $165,000, and the proposed City Manager wants $180,000. The parties are $25,000 apart.

What kind of "negotiation" did Bethel do? Sounds like slim to none to us. According to Bethel's letter of May 31, 2007 to the City Commission, he had "several conversations [presumably by phone] and a [meaning one] meeting with Scholl."

In fairness to Bethel, he notes that "he only gathered information for presentation to the Commission" and that he has "not rejected any options available to Mr. Scholl."

But it sounds like $165,000 was Bethel's first and last offer (since the Commission authorized a minimum of $165,000). According to his letter to the Commission, Bethel says he told Scholl at their meeting that he could not "support or justify any starting salary except $165,000." If that's the way it went, while that may look like tough negotiation, it is really not the give and take of negotiation on the salary at all, since, at least with Bethel, there was no room for agreement on another number. What is worse is that the tactic is also positional bargaining, which is the worst kind of bargaining when you are trying to make a deal. What Bethel did, in essence, was to put the whole matter of coming to an agreement on the essential provision of the contract back in the lap of the City Commission.

In support of his position on the salary, Bethel makes the argument that "Mr. Scholl has absolutely no experience in local government." That may be a moot point, since the Commission knew that when they chose Scholl as their number one candidate. As far as we know, their number two candidate is also a similarly situated person in that regard. If local government experience was the sticking point, then a person with local government experience should have been the first choice of the Commissioners. He was not.

Moreover, Mr. Scholl's Navy administrative and management experience has included dealing with local government, including the likes of these Key West Commissioners. And Scholl's federal responsibilities were awesome compared to those of a Key West City Manager. So it seems to us that Bethel's argument doesn't hold much water and is not the result of a serious look at the interests of each side. He can do better.

We realize Bethel has to keep his rep as a fiscal conservative, but he seems to be playing a game of "salary chicken" here. Will the City blink or will Scholl blink? If the game continues, win or lose, there will be hard feelings and perhaps an unwise less durable agreement. Besides, the negotiation with the new City Manager is not, we hope, about winning. It is about problem solving.

There has got to be a place of compromise somewhere between the two positions. Perhaps the parties can find ways to expand the pie and find desired value in non-monetary options. Also, there is often value in difference. Creating it is what smart seasoned negotiators do all the time. Perhaps the parties may want to think about the possibility of deferred value. Are there things the Commission can agree to implement later that will have equivalent or greater value than what is presently desired by Mr. Scholl?

It seems to us that there is much negotiation left to be done and that Commissioner Bethel's efforts have barely scratched the surface. $25,000 is not a very big gap between the parties as gaps go. Closing that gap should not be hard. That Scholl did not insist on the top of the salary range is significant and indicates a willingness to compromise. But the City should not read that willingness as a sign of weakness. That would be a grave mistake. We fear that's how the Commission may see it, however.

It is in the interest of the City to compromise. Will they? How the Commissioners handle this negotiation will likely set the tone for their relationship with the new City Manager. The Commissioners in their ego-driven zeal forget that they are not in the driver's seat on this one. Mr. Scholl does not need this job. He lives up the Keys where it is cheaper than Key West and has his Navy retirement to fall back on. The City needs a City Manager. Will the City Commissioners be penny wise and pound stupid here? The voters should watch and stick it to them in November if the Commissioners botch this one. What is about to unfold will likely be pure politics and coupled with a good deal of grandstanding.

Absent from this episode will be the Commissioner whose district includes Truman Annex, Bill Verge. He will be on vacation. He has asked the Commission to delay its consideration of the annexation of Christmas Tree Island (Wisteria Island) because of his vacation. Does he have his priorities straight? Isn't choosing a City Manager more important than Christmas Tree Island? Did he ask the Commission to postpone the vote on the City Manager? Shouldn't all the Commissioners and the Mayor be present for that vote? We think so.

If the vote on the City Manager's salary issue were to be put off, it would give the City time to re-think its negotiating stance and allow the parties a chance to back away from their positional bargaining; maybe even reach a compromise. Wouldn't that be something to cheer about?

TAMPOA Board Meets Again Monday

2007-06-02T10:40:00.000-04:00

A "regular" meeting of the TAMPOA Board will be held on Monday, June 4, 2007 at 4:00 p.m at the Board offices. The agenda for this meeting appears to have been handled with more care than was the case with the Executive Session agenda. Apparently, also, the minutes for the April 30, 2007 were not approved at the Executive Session of the Board held last weekend on Memorial Day, May 28. They, along with the minutes of the Executive Session are expected to be approved by the Board on Monday.

On Monday's agenda will be a report by the Board President on the litigation with the City as well as a report on the proposal for the assisted care facility on the Truman Waterfront. Of the two items, the litigation with the City is likely to be more interesting.

We may also get a glimpse of some of the data in the year-to-date financial statements when the Treasurer makes his report, although don't expect anything earth-shattering.

The Architectural Control Committee (we love that name -- especially the control part) has been busy now that hurricane season is officially upon us. They're going to talk about what kind of policy they'll have for roll-down shutters for your front doors. The shutters have to look nice, you know. Never mind whether they're the best for keeping out the wind or, heaven help us, are the cheapest. So, the Control Committee will report on all that and whether beauty will reign at the hurricane prom. We know how that will end. But, will the resulting report be posted on the Internet like the plans for the American Embassy in Baghdad? Bet not.

The "new business" on the agenda sounds interesting. An additional set of lawyers -- you can't live without 'em can you? -- has given the Board a legal opinion on "storm drainage." That might be interesting to read, if you could get a copy of it. We suggest you ask. Couldn't hurt, even though TAMPOA may not give it to you, but who knows? If you don't ask for stuff, you'll likely never get it. That's just the way government, public as well as private, is. Just another version of "You Don't Ask, We Don't Tell."

The City wants to remove the fence around the Truman Waterfront property, so there will be a discussion of that issue. The agenda item is phrased as if the City needs to ask TAMPOA for permission. It does not, so don't think there is suddenly cooperation between TAMPOA and the City over the fence. Not a chance. The City is simply going to take down the fence if it wants. No harm in talking about it though, and it certainly does impact Truman Annex. We all know, however, that if ever the City (or someone) does start to develop the Waterfront, a fence will go back up. In the meantime, the City can play its game of smoke and mirrors and pretend it is doing something with the property.

Aside from the discussion of the legal opinion on storm drainage, the most interesting item on the New Business portion of the agenda appears to be the "review of [a] survey to expand or reduce the allowable annual rentals from 16 annually." The interesting word there is "survey." What survey? Certainly it's not the Board's survey, unless it was one among the Board itself or its friends. Of course the agenda doesn't tell you who conducted the survey or what it showed. If you didn't know better, you'd be tempted to think this piece of the agenda is one of those TV advertising ploys like "I've Got A Secret" to get you to tune in and attend the meeting so you'll learn what the secret is. Well, we'd rather know the secret up front so we can decide whether to watch or go have a Mojito.

Seriously, does anyone still care about the number of annual rentals? Seems to us there was a lawsuit about that several years ago. Are we going down that road again? We certainly hope not.

Doesn't TAMPOA have enough regulations -- so many in fact that no human can keep track of them all or even find them so as to publish a comprehensive "Book of Rules?" Now there's a project that would keep someone out of the sun for at least five years. Try to find all the TAMPOA rules, compile them, and publish them for the residents. Let's see a show of hands of how many Board members would "volunteer" for that project? Not a one do we see.

TAMPOA is like Congress. It just keeps passing laws (rules) usually without any thought as to how they are going to be enforced or how much they will cost. In TAMPOA's case, no one seems to know what all the rules even are or where to find them. That's why you get "I'll have to call you back" or "I'll look into that" when you call the office with a serious question about the rules. Sometimes you even get a guess. When there are so many rules that no one can recite them all, that's understandable, but that's also a sign of a system seriously in trouble.

Our view is leave people alone. That's why many folks came to Key West. If they want to rent their property they ought to be able to rent. Quit trying to be their keeper.

For those who are not tired of reading, here's the list of the ten items on Monday's TAMPOA Board meeting agenda:

"AGENDA

1. Call Meeting to Order

2. Determination of Quorum

3. Proof of Notice of Meeting

4. Approval of Minutes
April 30, 2007 Board of Directors meeting
May 28, 2007 Executive Session Board of Directors meeting

5. Reports of Officers
President’s report:
Discussion of litigation with the City of Key West
Update of proposal for assisted care on Truman Waterfront

Treasurer’s report:
Review the year to date financial statements

6. Reports of Committees
Architectural Control Committee:
Review roll-down shutter policy for front doors

7. Unfinished Business

8. New Business
Review legal opinion on storm drainage
Review proposal by City to remove the fence around the Waterfront property
Review survey to expand or reduce allowable annual rentals from 16 annually
Management items

9. Member Input

10. Adjournment"

Now, we can go have brunch and a Bloody Mary.

Happy Anniversary!

2007-06-01T10:22:00.000-04:00

Yes, can you believe it? One year ago today, we welcomed you to this blog. Ten days later Tropical Storm Alberto was forming in the Gulf, and we blogged about it. We also talked about the looming increase in TAMPOA assessments of then 25%. Who at that time would have thought that the 25% increase would become only a drop in the bucket and end up to be a 250% plus increase. Who would have thought that assessments might go up even more? Who would have believed then that the controversy over the Truman Annex gates would continue for so long without an end in sight?

Now we turn the page and look forward to the future. We expect that there will be many changes to this blog in the coming months. While we can't say yet what they will be, we can say that our effort will be to bring you something new. We will be changing, but we will also stay the course of creating interesting discussion. We have had a challenging first year.

We thank our loyal readers for all their information and support this past year. We also thank our haters. Without your nastiness and hateful (unpublished) comments, we would not have had the energy to keep plugging away. In an unwitting way, you too have been drawn into the discussion, even though you didn't want to be. That means you have had to listen and possibly learn something you may not have known. So even though you don't like us, we thank you for sharing your point of view.

As we celebrate our one year anniversary, we'll be thinking about the future and the news and commentary we will continue to bring to you. Stay tuned.

The Veto Pen

2007-05-30T07:32:00.001-04:00

We're happy to see the report that Governor Crist vetoed the $1.3 million for street beautification for tourism for Las Olas Boulevard in Fort Lauderdale; the $840,000 for Exponica International, a three-day Latin America cultural and trade festival in Miami; and the $900,000 for a gospel music museum planned in Broward County for which the pork bubbas in Tallahassee were going to spend our tax dollars. We had blogged recently about such excesses.

While we have some reservations on his vetoes of tuition hikes, we do agree with the governor that now is not the time to burden families and students with those hikes. We know also that there is a good deal of waste in higher education and therefore some ways for the institutions affected to ameliorate the effects of the loss of a tuition hike. Moreover, we don't think a 5% tuition hike can be called "modest" as the State University Chancellor would have us believe.

As for the Florida Board of Governors' threat to mount a legal challenge to the veto, our view is save your money. It will cost more than the rise in tuition, and, win or lose, you will lose in the end. Remember, politicians, like elephants, have a long memory. Politicians don't get mad, they just get even. And the governor is, above all else, still a politician.

Getting Even

2007-05-29T08:20:00.000-04:00

As we have observed, masterful politicians don't get mad, they just get even. And City Manager, Julio Avael, that master of politics, has done just that to his detractors and their efforts at control by granting raises to the Chief of Police and the Assistant City Manager. These raises were neither small nor (in the case of the Assistant City Manager) uncontroversial. Avael's payback not only rewarded these public servants for their loyalty and hard work in certain areas, but exercised a prerogative granted by the City Charter to the City Manager that the Commissioners and future City Manager are now stuck with. Avael's move also emphasized once again the message of all good bubbas: that if you stick with this bubba, you'll do all right. And do all right in the pay department they did.

The Mayor and some Commissioners had been out to get Avael. They made no secret they wanted him out, and some even wanted him fired or worse. They were playing for keeps, but they were playing with fire.

Now, the sputtering Mayor and seemingly politically inept Commissioners have been caught napping at the game of politics while the shrewd and knowledgeable Master has cunningly out maneuvered them. It was so easy; it must have felt like taking candy from a baby. And all the Mayor and Commissioners can do now is put their best face on it and whine a bit.

Undo the raises? Not a chance, which is why the whines were not screams or howls. The Mayor and Commissioners knew they'd been had by the Master, and all they could do is wonder how it happened and what just had occurred. It was all so smooth.

Even when gone and as he moves into retirement, Avael has, of course, unwittingly insured he will remain in the good graces of the Assistant City Manager and Chief of Police. Should Avael remain in Key West, his bridges to important influence in City government remain in tact.

In many ways Avael plays the game of politics like another master, Sam Rayburn, maybe the most masterful of all House Speakers at the game of politics. It's a gift few have. Rayburn taught it to Lyndon Johnson, who forgot it during Vietnam by listening to the wrong crowd. We dare say Avael didn't have such distinguished mentors; but regardless of what you think of him, he sure has the gift. Let's hope he is willing and able to pass some of this gift to his successor, who surely will need it.

The Commissioners also could learn much from the masterful political lesson Avael has just administered. But in their arrogance, we fear they won't. What they really should be worried about is what else is in store for them in the remaining days of Avael's term. There may be more to this than meets their dollar.

So now the fun begins. As granddaddy once said, "He who laughs last, laughs best." Or, as Jackie Gleason used to say, "How sweet it is!"

A Time For Reflection

2007-05-28T11:06:00.000-04:00

Memorial Day was originally a day to honor Civil War veterans, but it has become so much more. For some of us it is a a time of sadness and grief as we recall -- as though it were yesterday -- how we lost our best friends in America's wars. Unless you have had, first hand, that experience, you cannot know how much it hurts. And you cannot understand how much your life is forever changed as a result of it.

In a larger sense, however, this Memorial Day is a time to remember who we are as a people and a time to reflect upon our human values. It is a time to look at our past and a time to hope for our future. It is a time to remember sacrifice and a time to remember service. Most of all, it is a time for love and its power for renewal.

Our thoughts on this day are with Michael Yon, an independent journalist and photographer who is now covering the war in Iraq. Like many independent, and often unknown, journalists who provide information beyond that reported by the mainstream media, Yon tells stories of hope and sadness. These stories will open your eyes about Iraq and offer a new perspective on this most dangerous of places. You can learn more about his vision and support his efforts to bring you real news here.

A Thought For The Week Of May 28, 2007

2007-05-28T10:24:00.000-04:00

"Exhaust the little moment. Soon it dies
And be it gash or gold it will not come
Again in this identical disguise."

-- Gwendolyn Brooks

TAMPOA Board To Meet In Executive Session

2007-05-27T00:50:00.000-04:00

The TAMPOA Board is having an "Executive Session" on Memorial Day at 4:00 p.m. The session was called by Board President, Tom Tukey. Executive Sessions are by definition secret. Here is the curious agenda for the meeting:

The Truman Annex Master Property Owners’ Association, Inc.
Executive Session
Board of Directors Meeting
201 Front Street, Suite 103
Key West, Florida 33040
Monday, May 28, 2007
Monday at 4:00 PM

Purpose: Conduct Business as Properly Brought Before the Board

AGENDA

1. Call Meeting to Order
2. Determination of Quorum
3. Proof of Notice of Meeting
4. Approval of Minutes
5. Reports of Officers
6. Reports of Committees
7. Unfinished Business
8. New Business
9. Member Input
10. Adjournment

* * *

This agenda appears to reflect that the meeting is to be held as an "Executive Session," that is, in secret, but raises a number of questions including the propriety of dealing with certain items on the agenda in secret.

Take item 2, "Determination of a Quorum." Why is secrecy needed for that. Either there is a quorum or there is not. If there is no quorum, the meeting is not legitimate. Of all things the TAMPOA members are entitled to be present for and to know, this agenda item ranks among the most important. What could possibly be the legitimate interest in hiding whether there is a quorum at the meeting? But, of course, we'll never know whether there was actually a quorum because the meeting is secret. In short, there is no reason to make this part of the meeting secret since, after determination that a quorum exists, the Board is free to go into Executive Session.

Take, item 4 on the agenda, "Approval of Minutes." Why the need to approve minutes in secret? The minutes likely to be approved are the minutes of a prior non-secret meeting. Why does it take a secret meeting to approve those minutes? What possible interest is served in talking about what has been written about a prior open meeting in secret? In our book no legitimate interest is served.

Then there is item 6, "Reports of Committees." Why have reports of committees in secret? Since when did TAMPOA establish secret committees? What, we're now turning into a gulag? Unless we really have turned into a gulag, not all business of every committee likely to report can be secret. There is no reason most reports cannot be made in open session, and then the Board could go into executive session. But apparently not here, not in the closed society that TAMPOA is becoming.

There is also item 9, "Member Input." You've got to be kidding us. If the meeting is secret, what member input can or will there be? This is a joke, right? Oh, we get it, that input is for the "secret members." Who do you suppose they might be? The Board members are not secret, unless we missed something in the voting and there are little green creatures from the Pleiades in our midst.

Why meet Memorial Day? We realize that Memorial Day was originally a Northern Holiday not celebrated in some parts of the Deep South, but as far as we know Key West was always, nominally at least, a Yankee outpost. And we assume the holiday is one recognized by all but a few members of TAMPOA, including most, if not all, TAMPOA Board members. So, why meet on Memorial Day?

One can guess that it must be something fairly urgent since only three days notice was given for the meeting. What is so urgent that it couldn't wait one week until the regular meeting of the TAMPOA Board on the first Monday of the month, i.e. June?

Why is there no particular subject or reason specified for the secrecy of the meeting in the notice of the meeting or the agenda? In most executive (secret) sessions, there is at least a subject of the meeting given in the announcement of the meeting -- e.g. review personnel matters, confer with legal counsel, etc. -- things that one might expect would ordinarily command an executive session. Not here.

That raises a question of whether the notice of the meeting, which is required by law, is proper. If not, then possibly whatever action is taken at the meeting may also be improper. If the meeting and business to be conducted are such an emergency and so important that the meeting has to be held in secret on three days notice on a National Holiday, wouldn't you think the Board would want to make sure that the notice was such that it was beyond even the appearance of question? We would.

Did the TAMPOA Board leaders even think about that? We may never know since the meeting is secret. In essence virtually all the notice tells us is "Hey folks we're having a secret meeting where we can talk about anything and everything related to TAMPOA and all we're telling you is the headings found on our usual agendas without any further description of the subject of the meeting." Is that the kind of notice that gives a scintilla of the kind of information a TAMPOA member would want from a Board that is spending hundreds of thousands of the members' dollars a year? We doubt it. And since we are paying for the extravagant fiscal policies of this Board, we want more information than, "Hey folks we're having a secret meeting."

We are certain some will say, why bother, it's only one meeting. If that were all, we might chalk it up to ignorance and forget it. The problem is this conduct of TAMPOA is illustrative and symptomatic of what is wrong with many homeowners' and condo associations, and something the Florida Legislature needs to fix. It's called the tyranny of the majority.

These association boards -- and now we're talking not about TAMPOA but generally about a larger problem -- often spin out of control, become unresponsive to their members, treat those who complain like pariahs, and are very hard to remove from office because of the way voting is conducted and staggered terms of office. Moreover, they are able to meet and even spend money in secret. They are not required to put substantial expenditures to a vote of the membership, can change the rules without a vote of the membership, can make it almost impossible to force a vote of the membership on a given item, and generally can act any way they want short of committing some crime.

And sadly for some other associations, for as much as we and others have complained about our own association's foibles, some other associations have much deeper and more serious troubles of the kind we've just mentioned. Actually, when lumped into the total mix of problems TAMPOA may be one of the better run of the associations with perhaps a better board and better leaders. In that sense we are fortunate. But even though we don't have some of the serious problems of other associations, we can do better and expect more from those who would purport to lead us. With good leadership comes greater expectations.

We hope that in light of the problems with many associations now coming to light nationally that the Florida Legislature and the Congress will tighten significantly the oversight of such associations. We certainly intend to push for such reforms, and we invite others to do so.

Several reforms should be at the top of the list. The first should be an end to secret meetings except for actual face to face meetings with legal counsel that will involve attorney-client privileged discussions. Since most of these associations have some sort of corporate structure, we have been told that not necessarily every meeting with a lawyer a corporate officer or board has will qualify for that privilege, and it should not be used to avoid such a reform.

Second, the Florida Sunshine Laws should be made to apply to homeowner and condo associations and members of their boards. We know that all kinds of deals and doings go on behind the scenes with such association boards just as with government entities, but we suspect there is less back room dealing because of the applicability of the Sunshine Laws than there otherwise would be. They should be made applicable to homeowner and condo associations by the legislature so association members can have half a chance of knowing what is happening with their governing bodies.

Third, the Florida Legislature should require that association meeting agendas identify, even for executive sessions, the subject of the business to be conducted. This would do away with the kind of pablum and vague formula agendas that now come out of the typical board. The association members have a right to know what the board is going to talk about in some detail in a regular session and to know at least the subject of and reason for an executive session. It is no argument to suggest that well these board members are just volunteers and don't have the time for all that formality. Hogwash. Some of the largest and best organizations in the country are run superbly by volunteers. These organizations, many of which operate on a national level, seem to have no trouble complying with complicated disclosure rules.

Fourth, the Florida legislature should require that association minutes reflect in sufficient detail and plain language what actually occurs in the meetings of the association or its board so that an absent member can know in fact what occurred. A board should not be able to make the minutes of its meetings so vague that someone who hadn't attended the meeting will have to guess at what occurred.

Well run associations should neither fear nor oppose such reforms. These associations certainly have an interest in this kind of reform; the same kind of interest good landlords have in eliminating slumlords. They spoil it for everyone else.

What Is Plan B ?

2007-05-26T09:14:00.000-04:00

The Monroe County School Board has announced that it is looking for money to replace the four school resource officers the Sheriff has told them he may have to cut from his budget. The School Board and the superintendent have met with a representative of the Sheriff's Office.

But just what is the School Board's plan? To say we are looking for more money, we are lobbying Islamorada or Marathon officials, or we'll have to talk to the municipalities are not plans. What is it besides look for more money and talk to the municipalities that the Board is going to do? Will it cut other services to meet the shortfall in funds? Will it cut administrators? Will it do without the officers? Will it seek private funds? Will it ask businesses to help? What, exactly, is the School Board going to do? A plan would be good and now would be a good time to tell the public what it is.

The way the School Board is proceeding makes us (and perhaps others in the public) think there may be no Plan B.

Ignoring Education and Obesity

2007-05-25T07:40:00.000-04:00

Don't you just love the Florida legislature? The fat cats there can refuse to increase the amount of money for teacher merit pay; refuse to provide 400 more reading coaches for Florida schools; and refuse money for obesity prevention.

However, when it comes to their own pork, they can provide $100,000 for a shrimp processing plant in Nassau County; $840,000 for a three-day Exponica International cultural and trade festival in Tamiami Park in Miami so the sponsoring organization can get out of debt and promote the event; $725,000 for a new YMCA in Miami; $100,000 for a new trolley depot in Coral Gables; and a cool $1,300,000 to improve Las Olas Boulevard (which runs down to the beach) in Fort Lauderdale to make it more attractive for tourists.

Of course, there are also other items, like $1,500,000 to convert a canal on the campus of Florida Institute of Technology in Melbournne into a rowing training center. What do you suppose they'll do with the alligators? There's also a plan to give $50,000 to an organization hosting an annual World Orchid Conference in Miami; as well as $800,00 for for new synthetic football fields in Miami. Whatever happened to grass?

The bottom line, if the bubbas in the legislature have their way, Florida kids will be too fat to learn row, assuming the alligators don't get them; and they'll be able to play on Astro Turf. But they'll be dumb as a stump and unable to read well enough to get that job in the shrimp processing factory in Nassau County, thanks to the departure of good teachers for better pay elsewhere. That's the future for the new bubbas. Along their future path, there will have been $50,000 for orchids, as well as money for tourism beautification and cultural trade fairs. What a life!

Cutting The School Resource Officers

2007-05-24T08:45:00.000-04:00

What we don't understand about the announced potential cuts of four school resource officers by Sheriff Rick Roth's office is where the School District Administration was when all of this was happening. We don't believe for a Conch minute that the School District was unaware of the potential for cuts. The School District has a liaison with the Sheriff's Office. It is reasonable to assume the School Superintendent knew what was going on. If school officials were co concerned about the potential cuts why weren't they revving up the parents before now?

We wonder whether this situation is not another one of those forget-about-it-until-it-happens situations that has continued to plague this school district's operation. Maybe the School Superintendent is confident that the positions will in fact not be cut or will be restored in the end. We don't know.

What we do know is that the Sheriff's Office doesn't just willy-nilly make cuts. Position cuts are a matter of the tough choices that have to be made among scarce resources. Does one increase this response team or that response team? Does one devote more resources to the schools or to the road? Does one put more resources into crime prevention or to apprehension? Ideally, the Sheriff's Office would like to have the resources to put more of them toward every one of these activities. But the resources just aren't there. So the Office has to make some hard choices about where to put the resources it does have. At the end of the day, it all comes down to money.

The County Commission or the School District (or both) could allocate more money for the school resource officers. Of course, it is still the Sheriff's call whether to assign the officers to that duty, but there is no reason to believe the Sheriff would not do so. Alternatively, the Sheriff could "find" additional money or back away from the potential cuts. However, that seems unlikely at this point in time.

Now if the Sheriff is about to fight with the County Commission over his budget, it is a well known budgetary strategy to cut cows that seem sacred to politicians to increase the likelihood that money for those cows will be added to the budget without reductions being made to other priority items. Do school resource officers fall within this category of sacred cows? Probably not, but the announced potential for cuts may generate enough calls to Commissioners and School District politicians to save some of the resource officer positions or give the sheriff some budgetary wiggle room.

The potential cuts may have one salutary effect. They may force the School District to focus more closely on its own goals and priorities and develop back up plans for situations like the potential loss of the four resource officers. If the School District has a Plan B the District has not announced it. That is not surprising since to do so might lessen the chances of insuring the survival of the resource officer positions. What worries us is that there may be no Plan B on the drawing board.

Bibles On The Bike Path

2007-05-23T10:12:00.000-04:00

Distributing Bibles on school property could be dangerous, according to the State Attorney's Office spokesperson, Matt Helmerich, in commenting upon a lawsuit filed in Key West Federal Court against the Monroe County Sheriff's office and the State Attorney's office. The suit was filed after two persons (Gideons members) were arrested while distributing Bibles on a bike path near a school. The Gideons are challenging a Florida law that purportedly prohibits persons who do not have "legitimate business" (whatever that means) from loitering within 500 feet of a school.

"If we let anyone with a stack of Bibles on school property, that would be tantamount to giving a license to sexual predators," Helmerich reportedly told The Citizen, while, according to The Citizen, "emphasizing that he was not suggesting Gideons members are sexual predators."

He told The Citizen, "The arrest was not based upon a freedom of speech issue, it was based on protecting our children. The idea that we are arresting them or charging them because they are handing out Bibles is a spurious claim."

Really? Let us understand this, Mr. Helmerich. You are not claiming the two who were arrested are sexual predators, so they were not arrested for that. You apparently admit they all they were doing is handing out Bibles. What exactly were they doing that was not "legitimate" if they were only handing out Bibles?

Oh, we get it, you really just want to "protect" bike path users. some of whom may happen to be kids, but some of whom may also be adults, from that dangerous stuff in the Bible, is that it?

No?

So then, is it that (when you seem to have no good arguments left) you think it's O.K. to inferentially trash these defendants by evoking the dangerous, fearful, what-if-they-were-but-we're-not-saying-they-are "sexual predator" words? That way no one might really think carefully about what you have said, and might accept your argument that passing out Bibles on the bike path within 500 feet of a school constitutes "loitering" and is not "legitimate."

Well, guess what? We have thought about what you apparently have said, and we think it's in the running for our "Dumbest Statement of the Year Award."

We Were Right! It's The Navy Man!

2007-05-22T08:38:00.000-04:00

Our political prognostications about who the KW City Commission would pick for a new City Manager to succeed Julio Avael were correct. The number one choice of the City Commission is former Navy base commander, Jim "Dagwood" Scholl. Second place went to Coast Guard Rear Admiral Jeff Hathaway. Third place went to Gary Edwards, City Manager of Moberly, Missouri.

Only the Mayor and Commissioner Bill Verge, whose district includes Truman Annex, had other "favorite sons." Verge's choice came in second. The Mayor's choice was out of the running.

In an interesting twist, the Commission picked Commissioner Harry Bethel, who is retiring, to lead the contract negotiations with Scholl. This was probably a wise move, since after Bethel leaves, the City Manager will no longer be politically beholden to him. The new Manager's negotiated contract will still need Commission approval, but Bethel, as the most fiscally conservative of the Commissioners, should be able to convince the rest to go along with whatever monetary amount is negotiated.

The Commissioners have set a salary range for the new City Manager of between $160,000 and $200,000 per year, which is considerably more than the present City Manager, Julio Avael is making.

ADDED: Turns out some other Commissioners also had "favorite sons," including Commissioner Bethel, whose choice also came in second.

A Thought For The Week Of May 21, 2007

2007-05-21T10:37:00.000-04:00

"Adversity is a profound teacher. We should rejoice and give thanks when difficulties occur, not because of the suffering itself, but because of what will come of it."

-- Joan W. Anderson

We'll Know Tonight

2007-05-21T10:19:00.000-04:00

Tonight is when the City Commission is supposed to rank the City Manager Candidates. The Commission will then begin negotiations with the top one for a salary somewhere between $165,000 and $200,000. This is way up from the current City Manager's salary range.

We'll see if our predictions of who the Commission will choose are close. You can review profiles of the candidates in the front page article in The Citizen.

Mayor Served With TAMPOA's Federal Suit

2007-05-21T10:00:00.000-04:00

TAMPOA's attorneys have made an effort to insure early and timely service of its lawsuit papers on the City and avoid any potential difficulty in complying with a Federal Judge's Pretrial Order issued in the newly re-filed case by TAMPOA against the City. (TAMPOA's prior federal suit was dismissed because of a failure to file a required scheduling report in a timely manner). TAMPOA's attorneys have hired a process server who promptly served the new Summons and Complaint on the City on May 9, 2007. The new Summons and complaint were served on Mayor Morgan McPherson at 525 Angela Street. The declaration by the process server that the Mayor had been served was filed with the Federal Court on February 14, 2007.

According to the Federal Court Clerk's Office, the City's Answer is due on June 8, 2007. Our guess is that the City will ask for an extension of time.

As he did in the prior (dismissed) case, the Federal Judge, on May 10, 2007, issued a Pretrial Order. That Order requires, among other things, that the attorneys for TAMPOA, forward a copy of the Order to all the defendants upon receipt of a responsive pleading. The Court's Pretrial Order was issued on May 10, 2007 and sets out the various procedural matters the judge expects the parties to deal with prior to the trial as well as deadlines for completing that work. Of course there is no reason for the City's attorneys to wait to be served with the Pretrial Order, since it is available from the Federal Court Clerk's Office or by a phone call to the Andersen Firm (TAMPOA's attorneys). The City's attorneys can get it, if they have not seen it already, and get a head start on complying with it.

A joint pretrial scheduling conference required by the court's Order of May 10, 2007 must be held no later than 20 days after the answer or other responsive pleading filed by the last responding defendant, or within 60 days after the filing of the complaint, whichever is sooner. This likely would make the scheduling conference occur sometime around July 9, 2007, unless the United States had not been served by that time. If so, according to the federal court's order, TAMPOA would be obligated to request the federal court to extend the time to hold the scheduling conference. However, at the rate TAMPOA is moving, if the United States has not been served, it likely will have been by July 9.

Within 10 days of the joint scheduling conference counsel for the parties must file a joint report with the judge. (It was the parties' failure to file this report that lead the judge to dismiss the case the last time around). According to sources at the Federal Court, a plaintiff's counsel (in this case TAMPOA's counsel) generally has the primary job of preparing and submitting the report.

The Opportunity In TAMPOA's Malaise

2007-05-20T14:32:00.000-04:00

When one goes to meetings in this town, it is painfully obvious that TAMPOA has a serious image problem. Unfortunately, for the residents of the Annex who care about how we are perceived, TAMPOA continues to take the low road and echo a "Frankly-my-dear-I-don't-give-a-damn" approach to its dealings with the rest of the community when it comes to Southard street and possibly other portions of the Truman Waterfront. This is very sad, as well as down right stupid.

Unfortunately the reality right now is that there is so much anger and resentment lingering in the Annex over TAMPOA's litigation strategy that the TAMPOA Board is virtually paralyzed by a circle-the-wagons mentality. About the only actions it feels empowered to take now have to be guaranteed to be undeniably safe, insular, and low profile. The Board has effectively painted itself into an insular box thanks to its reliance on some incredibly bad advice that ignored the context of the problems it has faced. In many respects, right now the Board feels and acts like its hands are tied, and it is adrift in the litigation winds. It is hoping in vain for a miracle that may lead it out of the black hole it is now in and does not seem to realize, despite some advice to which it has been privy, that the problems it faces will still exist regardless of whether TAMPOA wins or loses its litigation with the City.

Right now, TAMPOA is living its life through its litigation, a typical, but dangerous, syndrome from which many who put all their eggs in the litigation basket suffer. This has caused the TAMPOA Board to become incredibly defensive, hostile, and edgy at the slightest criticism.

The Annex right now is very polarized, but the issues over which that is occurring are at best diffuse. The polarization lines are clearly drawn. You are either with the Board, or you are viewed as a virtual traitor. Yet there is no clear line or issue on which everyone agrees; only bits and pieces. Everyone wants change, but few here seem to agree on (or perhaps even know) what that should look like. Folks in the Annex right now are stuck, and all their leaders can muster at the moment is to vent and blame, neither of which moves us closer to a resolution of the existing ill will between TAMPOA and the City that has now infected many other City residents.

For those of us who feel like it is time to stop all the nonsense the Board has continued to allow itself to become enmeshed in and to seek creative solutions based on objective criteria, the Truman Waterfront Project offers TAMPOA a renewed and unique opportunity to foster creativity and cooperation with the City and other City residents. That opportunity will require new thinking, new attitudes, the ability of TAMPOA to put itself in the City's shoes, a clear nonjudgmental understanding of the City's perspective, and decision-making based on objective criteria, not blame, finger pointing or accusations of gamesmanship. Frankly, we are not sure the TAMPOA Board, as a whole, is up to the task or has the leadership it needs to get where it needs to go. Nonetheless, the opportunity for change or doom is there in the Truman Waterfront Project.

This opportunity is not simply to successfully construct the Waterfront Project. If that is all that both sides (TAMPOA and the City) think the Project is about, the Project has already failed as far as the relationship between the parties is concerned. No, the opportunity is a renewed chance to focus on the most critical question facing TAMPOA and the City. However, the question is more critical for TAMPOA since it may involve TAMPOA's survival as an institution that purports to govern the Annex.

That question is a simple but essential one. How can we all create the respect for each other that will make it possible to constructively discuss (and even disagree over) options while uniting behind common goals? That is the hard but essential question the TAMPOA Board and those of good will in the City must wrestle with if the Waterfront Project is to succeed.

The Don & Tom Show

2007-05-20T09:01:00.000-04:00

". . . I'm one of probably six remaining Americans who still believe in the concept of free speech." So says Tom Walker in his column in The Citizen. Really? We wonder who the other five are.

Is it possible that the FCC believes there is a difference between the public airwaves and a private newspaper regarding the extent of the "free speech" to which those who rent the airspace from the public are entitled?

If not then maybe we would not have had the enormous fines generated by a "wardrobe malfunction."

As for not being permitted to use the words, "poop" and "bonehead" in The Citizen, well, what can one say?

Worth A Listen

2007-05-19T11:42:00.000-04:00

If you haven't listened to Pandora, you should. You'll become a fan. Pandora gives you a chance to program your own Internet radio station with music you like. And it's legal.

Unfortunately, as of May 3, 2007, Pandora has been forced to block foreign listeners because countries outside the U.S. don't have the equivalent of the law that provides a virtual automatic license for music streamed on Pandora. It has not been able to negotiate enough foreign licenses to make the streaming to foreign countries financially viable.

Pandora has no commercials, and you decide on the music, so the station is a real treat. Try it!

When You Gotta Go Should You Have To Read?

2007-05-18T08:40:00.000-04:00

When the urge is there reading is the last thing on most folks minds. Most are on auto pilot. You find the sign and enter, assuming all the while you are in the right place. At McGuire's in Destin and Pensacola, however, reading is required. Not reading may get you to the wrong place, and the butt of an Irish joke as well.

bathrooms. The Department's bottom line seems to be that the sign can't have any fine print about gender or be confusing. It seems, however, that the Florida Department of Business and Professional Regulation thinks doing your "business" is serious business and in need of professional regulation. So this Department is enforcing its regulations to insure appropriate signage on Women's and Men'sWomen's can be "Ladies," of course. Men's can't be "Ladies" and certainly not "Girls."

To the Department, which is gender neutral, it's all too confusing. So it has told McGuire's to put up signage "properly designating bathrooms" or risk being shut down.

So here's our suggestion for McGuire's: The sign for the Men's might read: "Men (except when the line for the Women's room is out the door)." The sign for the Women's might read: "Women (hurry up so you don't have to go next door)." That should be clear, even to the Florida Department of Business and Professional Regulation.

Did Cutting The Mangroves Impact Flooding?

2007-05-17T10:05:00.000-04:00

With reference to the flooding now going on in KW, Assistant City Manager John Jones is right: "There is nothing [they] can do about it." Now, that is. The City should have thought about this possibility before it cut the mangroves near the flooded area without a permit.

What city officials didn't mention in their attempt to explain that it wasn't the cutting of the mangroves that caused the flooding is that there is silt now filling up the culverts and that the water has no where to go. Of course, it wasn't the cutting of the mangroves that promoted that. Yeah, right.

Geeks Search For Porn

2007-05-16T06:54:00.000-04:00

"If there were a competition between a Playboy editor, a photo lab technician, and a voyeur for the person who has seen the most random pictures of naked people... the only way any of them would win is if the Geek Squad agent was late to the contest." So says an article on the stuff that computer geeks come across (search for) on your computer when you take it in for repairs. Do you think that won't happen in Key West? Think again.

"Let me make it clear again: if you have any interesting pictures of yourself or others on your computer, then they--will--be--found. Some geeks are like bloodhounds when it comes to pornography," says one geek.

You just may not know about it, because you won't be around while your computer is being "fixed." In addition, most geeks, and a good many non-geeks carry a thumb drive so they can copy stuff from a computer. You can locate every image on your hard drive just by using the windows search function. And geeks can be "like bloodhounds when it comes to pornography." In addition, if you use Window's Internet Explorer, you should know that Windows keeps a retrievable record of a lot of your user names and passwords, even to your banking websites, whether or not you chose to save them.

So you may want to keep those naughty photos you and your "other" have been sharing on that camera and not in your computer. Of course, if you keep those images in your mind, you are even safer. That is, at least until someone develops decent mind meld techniques. Spock, where are you when we need you?

The Republicans Debate Tonight

2007-05-15T09:08:00.000-04:00

The Republican presidential candidates go at each other in another debate tonight. It is another chance to see who if anyone will seem more "presidential." It could be great theater. Then again, one wonders whether we will hear anything new.

Seniors Getting Tax Help?

2007-05-15T08:55:00.000-04:00

It looks like there may be an additional homestead tax break for senior citizens. They may be able now to claim up to $75,000 if they meet certain income requirements, if local governments act by June 1. These governments must adopt an ordinance implementing the tax breaks and deliver that ordinance to the county appraiser.

The sticking point is going to be how much of a hit the local budget will take if a particular locality implements the change in the tax law. Several cities have already declined to implement the tax break citing financial reasons. Some are waiting for the legislature to finish work on a tax overhaul bill. That stance is going to be real popular with their low income senior citizens.

The Key West Chicken Is A What?

2007-05-15T08:27:00.000-04:00

Sonny McCoy says that fossile hunting archologists have discovered that the Key West Chicken is related to the Tyrannosaurus Rex as are "the strutting Roosters on this Island."

We wonder whether the relationships to Dinosaurs to which he is refering aren't closer than he may suspect and may be alive and well in City Hall doing business and writing legislation.

So, as Sonny has said, "when you see these proud descendents of the Dinosaur ages doing their thing here in Key West reflect on their dominance of the past and their beautifully colored plumage."

While We Were AWOL

2007-05-14T08:03:00.000-04:00

While we've been away from blogging for a week, the news has not waited.

In KW, according to The Citizen, the City has announced it has narrowed the field for the new City Manager to six. Our prediction is the new manager will be a Navy man, with the Coast Guard rear admiral a close second. We'll just have to wait and see if our read of the political tea leaves is accurate.

Paris Hilton, reportedly, will make a foray to KW on her way to an all important date on or about June 5 with a Los Angeles jail. Nothing like taking the long way around.

The hurricane insurance battle continues in the legislature. A Senate Bill has passed freezing Citizen's rates until 2009, but there is much left to be done to push insurance reforms ahead. The battle will continue, as will the efforts to derail any reforms.

The costs for the Monroe County Courthouse continue to increase.

And, TAMPOA has made good on its pledge to re-file the lawsuit against the City and the United States that had been dismissed by the federal court in April. The filing was not quite as quick as TAMPOA had announced it would be, but the suit has been re-filed (with a new case number). The TAMPOA suit starts anew, and TAMPOA must re-serve the defendants with the new summons and complaint.

TAMPOA has learned from the dismissal though. This time around, the summons is typed, not hand written (an insignificant matter, but it does show attention to detail, and it just looks better). This time around, TAMPOA got the summons for each defendant issued right away on the day of filing the new suit (May 8) instead of waiting for some time as in the previous case. And now, the City and its Mayor, instead of the City Attorney (as in the previous case), are listed (in the summons for the City) as those to whom the summons is addressed and from whom a response is requested. We hazard a guess that someone may have gone over these papers (and perhaps the Federal Rules of Civil Procedure) with a fine-tooth comb before they were lodged with the Clerk of Court. We'll have more to report in the coming weeks as the suit progresses.

In case you haven't noticed, the sky is a different color at sunset these days. It's the wild fires from the mainland that are having an effect.

A Thought For The Week Of May 14, 2007

2007-05-14T07:58:00.000-04:00

"One of the great liabilities of life is that all too many people find themselves living amid a great period of social change and yet they fail to develop the new attitudes, the new mental responses that the new situation demands. They end up sleeping through the revolution."

-- Dr. Martin Luther King, Jr.

Hug A Mom Day

2007-05-13T14:28:00.000-04:00

Today is Mothers' Day. We like to think of it as a time to honor all moms. They really do have the weight of the world on their shoulders. If you are a mom, you know what we mean.

Have you hugged your mom today? Is she in your thoughts? We owe moms more than we can possibly know. We just haven't figured it out yet.

We wish all moms out there a very Happy Mothers' Day

It's Kentucky Derby Day

2007-05-05T07:19:00.000-04:00

Yes, the 133rd year of race of kings will be run today. It's any body's guess as to who will be the winner, but, of course that's not the point any more. The real prizes are the pre-race goings on -- the parties, the gossip, the ambiance. Amidst all these, the race can be anti-climatic.

However, when there is a wide open field, and at least to us, no clear announced favorite you can take to the bank, like there is today, the first Saturday in May can be full of surprises.

So how do you choose your favorite? Just like Mom did for years -- by the one that knows, the jockey, of course. When I was a kid and Mom would take us to the races, we'd pick winners by the jockey. Turns out that's as good a way as any to choose. And logical too. Who, aside from the trainer, is likely to know the best horses to ride? So, if you find a winning jockey, odds are he'll be in the money, even if he can't pull off first. Our problem as kids was that we didn't know any of that. We picked by the jockey, sure enough, but it was not by the jockey's name. It was by the color of his silks.

Threats Don't Mean Much In Florida

2007-05-04T07:30:00.000-04:00

Ignoring the threats of sanctions from both the Democratic and Republican Parties, and trying to become relevant in the nations debate over who should lead it, the Florida legislature has voted to change the Florida Primary to January 29, 2008. Florida becomes one of the top five states whose primaries are the earliest. The Florida primary now will likely have a major impact on who is the nominee of each of the major political parties. Florida has the largest population of the swing states.

Florida's move may cause other states to move their primaries. But there is risk in what Florida is doing. “This is kind of like the track touts trying to figure out what’s going to happen at the Kentucky Derby,” William Gavin, the Massachusetts Secretary of State told the NYT.

That kind of talk doesn't seem to bother the Republican speaker of the Florida House of Representatives, Mark Rubio, who, it appears, clearly understands the nature of the current hard-ball politics. He told the NYT that at when all is said and done, “the truth of the matter is that the nominee of either party is going to want to make sure they have not offended the big donors and the biggest activists in the most important state in the country that is electorally available.”

If the slogan, "follow the money," has any meaning in politics, the change in the Florida primary likely will pour quite a bit of extra cash into the state's economy. The candidates may be spending a good part of their winter and their cash campaigning in Florida. So by the time all the snow birds get back to Key West they'll be just in time to open their wallets and greet their favorite potential president.

Talk Spoiled The Federal Lawsuit

2007-05-03T08:00:00.000-04:00

Back in November 2006, as we recall, Tom Tukey, President of theTAMPOA Board felt there was so much animosity against the City among TAMPOA members that it would be impossible to resolve the dispute short of litigation. Tukey at that time felt that TAMPOA had to file a lawsuit, though his preference would have been to continue to talk. He felt that talk alone would not satisfy the TAMPOA membership. So the lawsuit got filed in February, 2007. However, the TAMPOA attorneys, Tukey, City Attorney Shawn Smith and Commissioner Bill Verge continued to talk. The time whiled away while the good old boy network tried to work its magic. Unfortunately the federal judge was not part of the that network.

When it came to buckling down and doing the work necessary to produce the required Scheduling Report, well, we hear Shawn Smith let the TAMPOA counsel know he had not given the matter sufficient attention and was too busy to do so. And, the network being what it is, the TAMPOA attorneys just let him get away with that and the deadline for filing the Report went by. They were too nice; to their own detriment.

And, of course, the United States' Attorney didn't care. He, at least had filed something with the court asking for more time. Tell us the City didn't know that the judge would dismiss the case. Is the City now going to compensate TAMPOA Attorney Bill Andersen for his time in refiling the lawsuit? Bet not! No, the City will just know that it now owes him a favor within the network. The problem is that the City's pile of IOUs in the network is getting pretty large, and no one in TAMPOA seems to be collecting on them or benefiting from them.

What we don't get is why TAMPOA and its attorneys continue to get taken in by the good old boy games being played. You'd think that by now, they'd be players in the network too, and good at it. Apparently not. Political hard ball is not their style. And the players on the City side seem to have figured that out. When will TAMPOA draw a line in the sand and say never again? Many TAMPOA members thought that had happened last November, but they were wrong.

The Disingenuous Disinformation Spin

2007-05-02T09:01:00.000-04:00

We are now getting the spin of disinformation being put on the dismissal of TAMPOA's lawsuit. One commenter who is spouting the spin says we are jumping to "negative conclusions" by our reporting and with more spin opines,

"The City Attorney and the Mayor have been avoiding accepting service. The suit was dismissed merely as an administrative item. When they are successfully served, the scheduling meeting will be held."

Sorry Anonymous, that dog won't hunt. Here is WHAT IS REAL:

Under Rule 4(j)(2) the City Attorney does not have to be served; only the Mayor. Almost everyone, including even the TAMPOA attorneys, know where the Mayor is. He has not avoided delivery of the Summons and Complaint to him. Rule 4 states:

"Service upon a state, municipal corporation, or other governmental organization subject to suit, shall be effected by delivering a copy of the summons and of the complaint to its chief executive officer or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant."

Service on the United States (the only other defendant in the suit) is also a simple matter. Rule 4(i)(1) says:

"Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia . . ."

In fact, Rule 4 makes service of process in Federal Court cases increadibly easy. It can even be done by mail in some instances. Obviously, our commenter is not familiar with the rule.

The Federal judge' s February 8, 2007 scheduling order DID NOT SAY that the scheduling conference OR the scheduling report COULD WAIT for the complaint to be served.

The attorneys for TAMPOA knew or should have known how to obtain service on the defendants.

The Summons in the case was signed on March 20, 2007. The Summons should have been (and ordinarily would have been) prepared back on February 6, 2007 when the Federal suit Complaint was filed; especially if there was any inkling that there would be any difficulty with service of process. According to the Federal Court record in the Clerk's Office, the Summons in the Federal case was not even received by the Federal Court Clerk to sign (using a signature stamp) until March 20, 2007. The Summons must be prepared by the plaintiff's (TAMPOA's) counsel. See Rule 4(b). The one submitted to the Federal court Clerk's Office was hand printed, not typed, suggesting it was done somewhat hastily or in person at the Clerk's office. To be sure, there is nothing technically wrong with hand printing the Summons, but as a routine matter, we would expect such documents to be typed, especially coming from a firm with the alleged reputation of the one TAMPOA has hired.

If Counsel for the defendants will not waive service of process, as was alleged to be the case here, service can be made in the manner described above. As a matter of courtesy to each other, lawyers waive service all the time, unless their clients instruct them not to do so. It is simply not credible to assert that the City or the United States or their counsel were "avoiding service." Why would they, when they know what the Federal Rules provide?

The reality here appears to be that service was NOT made until March 28, 2007 on the United States and perhaps not at all on the City. The United States has said it did not receive the Summons and Amended Complaint until March 28 in its motion for an extension of time that the federal judge denied as moot.

The judge's February 8 order was crystal clear and contained a clear warning about non-compliance:"[f]ailure of counsel to file a joint scheduling report within the deadlines set forth [in the February 8, 2007 order] may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs." The scheduling order required that a joint scheduling conference be held by April 7, 2007 and that a report be filed by April 20, 2007. Service had been made before April 7. The judge was not provided any valid excuse for missing the April deadlines. They were either forgotten or ignored.

The failure of TAMPOA's attorneys to abide by the deadlines in the Federal judge's Scheduling Order of February 8, 2007 that resulted in dismissal of the Federal suit can't be excused by the alleged, but unsubstantiated claim that the defendants avoided accepting service. Regardless of whether the defendants were avoiding service, it was still the respondibility of the plaintiff's attorneys to abide by the scheduling order. If that meant having to get the defendants served back in February, (instead of sometime after March 20) then that's what the lawyers should have done. The plain truth is they did not. In fact none of the lawyers in the case even asked the judge to change the deadlines or to give the parties additional of time to comply with the Scheduling Order. One can't blame the judge for letting the parties know he wasn't kidding about the deadlines he set.

The Anonymous commenter, without any evidence or knowledge of Federal Court procedure (or Federal law), states, "The suit was dismissed merely as an administrative item. When they are successfully served, the scheduling meeting will be held." This statement alone shows the disinformation spin being put on the facts by those who will buy any silly excuse to believe that TAMPOA and its attorneys can make no mistakes. What the Anonymous commenter does not get is that the Federal suit HAS BEEN DISMISSED AND THE CASE FILE CLOSED by the Federal Court. It now does not matter now that the defendants "are [or were] successfully served." The federal lawsuit filed in February is over and will have to be refiled. In essence, TAMPOA must start over.

It is also bogus to say, as our ignorant Anonymous commter does, that "The suit was dismissed merely as an administrative item." The commenter wants you to believe that the dismissal was a trivial thing, but it is not. The truth is the suit is done for unless and until it is refiled. All the time between February and now to get the litigation well underway has now been lost and effectively wasted.

And, what about the money spent? Who exactly in TAMPOA will mind the billings from the lawyers to see (if one can) whether TAMPOA gets charged for whatever work that now needs to be re-done? Will that be the TAMPOA Board? Likely not. More important, even if the TAMPOA attorneys absorb the cost of re-filing, it is impossible to absorb or recoup the opportunity costs that have been lost as a result of the case being dismissed. That time is lost, and is time which has value to TAMPOA members -- almost three months more that, despite any speed in resolution, members must wait for answers sought by the lawsuit. Moreover, all the time and energy the TAMPOA Board members and others have invested in supporting the lawsuit has been largely wasted by this result. Sadly, all that time and energy must now be reinvested again.

A Thought For the Week of May 1, 2007

2007-05-01T08:34:00.000-04:00

One Day Of Silence

2007-04-30T08:23:00.000-04:00

Federal Court Dismisses TAMPOA Suit!

2007-04-29T18:37:00.000-04:00

The United States District Court for the Southern District of Florida in Miami has dismissed TAMPOA's federal suit against the City and the Navy for "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth" by the Court's February 8, 2007 scheduling order. That order required that counsel hold a joint scheduling conference by April 7, 2007 and file a joint scheduling report by April 20, 2007. TAMPOA and its counsel, according to the Court's dismissal order, did not comply with the April 20 deadline and had not done so by the time the court, on its own, entered its dismissal order on April 25, 2007.

In its order the court cautioned (in bold type) that its February 8, 2007 order had cautioned counsel that the "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth [in the February 8, 2007 order] may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs."

The Federal District Judge was serious in his warning. He issued his dismissal "sua sponte" (meaning on his own and without urging from any party to the suit).

The judge dismissed TAMPOA's suit "without prejudice" and indicated "[t]his case is CLOSED." (Caps in the original). The court also denied as moot the Navy's motion requesting more time to respond to the suit. The judge further indicated that should TAMPOA re-file the lawsuit "without a substantial change in issues or parties," TAMPOA is to "notify the Clerk of Court of the existence of the newly filed action" and the new case will be assigned to the same judge.

Now, if the suit is refiled, TAMPOA will start out with a judge whose order it has already violated and a judge TAMPOA has already made unhappy. Nice going TAMPOA. How conducive is that to winning?

What a travesty TAMPOA now has to explain to its members at tomorrow's Board meeting. This lawsuit was supposed to be the case against the Navy and the City that would definitively answer the Southard Street questions and give TAMPOA needed leverage to force the City to settle. Instead, TAMPOA and its attorneys look like rank amateurs not ready for prime time. Once again, TAMPOA's reputation suffers and gives all those who already hate us more reason to gloat.

And just when was the TAMPOA Board going to tell anyone of this debacle? The Board, and certainly its President, have to have known about this since April 25, 2007, yet not a peep to the membership. Did they think no one would find out? And just when was the Board going to say something? At the insulated little Board meeting tomorrow?

This Board has bad-mouthed The Citizen for being biased toward TAMPOA, yet the Board would rather the membership read this bad news in The Citizen. That in itself is another travesty; just another instance of the lack of effective communication with TAMPOA members.

Big question: Who now pays for the cost of this lawsuit that is now down the tubes? And if TAMPOA chooses to re-file, who pays for that cost? Of course you already know the answer to that one. More importantly, who will take responsibility for the failure to do what was required by the Federal Court Order and for the failure to do what could have been done to avoid the dismissal? Is it time yet for a change in direction?

The Proposed Assisted Living Facility

2007-04-29T14:16:00.000-04:00

The controversy over the the proposed Assisted Living Facility on the Truman Waterfront is heating up. Some in the Annex have received an email from the Florida Keys Assisted Care Coalition indicating that it will be presenting "Phase III findings" to the Mayor and City Commissioners on Tuesday, May 1 at 6:00 p.m. at the Old City Hall and asking for support. The group is requesting support for a 99 year lease to create an assisted and independent living community on the parcel of land set aside for that purpose on the Truman Waterfront.

We note that the fourth paragraph of a recent letter to the editor in The Citizen by Southard Street homeowner, blogger and Truman Annex resident, David Lybrand, refers to this controversy as the letter addresses an article appearing in the April 20 edition of the paper. While we don't agree with a lot of what Mr. Lybrand says about the motives for TAMPOA's lawsuit against the City (nor do we agree with a lot of what the City says about this lawsuit), Lybrand's letter is worth reading for its perspective on the use of the Truman Waterfront to build an assisted living facility.

What do you think about this situation? We have not yet formed a view, except to say it seems like there are a lot of arguments to be made for the various viewpoints, and likely many viewpoints not yet heard.

One question is why is this now coming alive when the notion of an assisted living facility was in the original plan for the Truman Waterfront? Another is will the citizens of Key West really hold the City Commission to the original plan for the Waterfront or allow various interest groups to modify the plan? Finally, if the plan is to be modified, what are the compelling arguments for doing so? And, what are the biases or hidden agendas of those making the arguments pro or con?

Is Verge Still In The Negotiation Loop With TAMPOA?

2007-04-29T13:59:00.000-04:00

His comments in The Citizen would seem to indicate that he's part of the secret negotiations going on with TAMPOA. In an effort to prevent "leaks" TAMPOA has cut off virtually all communication with its members. Something is in the works according to Verge who says, "I think we are close." We don't think he was just talking about the Waterfront Project when he made that comment.

Of course, the City and TAMPOA have been "close" before, so no one should bet the farm on what Verge or TAMPOA is saying. The City Commission has the final say and it's any one's guess where their heads are. Some may be getting worried, though, that because of their pussy-footing around, they are heading for a loss of the Waterfront Property, just like they lost the Truman Annex.

The TAMPOA Board Meets Tomorrow

2007-04-29T10:32:00.000-04:00

The TAMPOA Board meets tomorrow, April 30, 2006 at 4:00 p.m. at the TAMPOA office. As part of the agenda, President Tukey is expected to report on how TAMPOA has been spending our money on litigation with the City, TAMPOA's legal fees, and his view of the proposed assisted living facility on the Truman Waterfront. His report should be quite interesting.

Somewhere along the way the minutes of the April 2, 2007 Board meeting will get discussed (or not) and approved. Maybe you'll eventually see them in your email, maybe you won't. But they'll be buried in the TAMPOA office if you really want to look at them. It would be nice if TAMPOA would send them out to the membership though, don't you think?

The Architectural Control Committee will also weigh in with a report. (We've got to maintain our "prestige community," after all).The Committee will tell us how we are doing in that regard. (We suspect we need more "prestige" as well as more "community," but the Committee will let us know). We're all ears.

Of some interest under "New Business" on the agenda is a review of the need for a "legal opinion on storm drainage." We had thought TAMPOA was done with that quite awhile ago.

For those transient rental fanatics, under "New Business" is also a "request to expand allowable annual rentals from 16 to 25."

Isn't it nice that there is always something interesting and entertaining going on every time the Board meets?

By the way, this is probably the last Board meeting for the TAMPOA and other snow birds. Y'all have a nice summer in Coolville.

Existing Home Sales Plunge

2007-04-28T10:45:00.000-04:00

Sales of existing homes plunged 8.4% in March, the steepest decline in 18 years according to the NYT that was reporting data from the National Association of Realtors. Existing homes account for the vast majority of home sales.

As if anyone needed to tell those trying to sell in Truman Annex, the housing market is becoming increasingly unfriendly to those looking to sell their homes. Prices are dropping. The median price of an existing single family home decreased almost 1% last month. Sales in the South declined 6.2% in March. The backlog of unsold homes is growing. The trend is downward. The only Cities in the country where prices rose were in Dallas, Portland, Ore., and Seattle.

Cayo Dave has an interesting post on how all this is affecting Key West.

It's All About Leverage

2007-04-28T09:56:00.000-04:00

And City Manager, Julio Avael, has used it to his advantage. Avael, it appears, will leave in August and get paid through November under a deal that the City has made to get him to remove his name from the list of applicants for the City Manager's Job.

As we recall, Avael was already likely to leave in November. Under the sweet new deal, he gets out in August but still gets paid through November. The new deal is also a concession that the City is not likely to find sufficient evidence to terminate Avael for cause before August.

What does the City get? On the face of the deal, not much, unless it is vital to the City to have Avael gone -- more vital than simply not having to reject him for the new Manager's job. But if the City Fathers have a hidden agenda regarding the new Manager's appointment, then maybe they got a lot more than they are willing to acknowledge. Since not much goes on in Key West politics that doesn't involve a hidden agenda, one has got to suspect such an agenda here.

The Probe Widens

2007-04-27T00:20:00.000-04:00

Who (or what) is behind the investigation by the State Attorney's Office into the alleged illegal practices by the City in its Licensing Department? The investigation seems like much ado about much of nothing unless there is more to this than meets the dollar. We're talking about a couple of misdemeanors here. And the accused isn't going anywhere -- certainly not to jail -- except back to work.

However, the State Attorney's Office would seem to be treating the matter almost like it has become the crime of the century. A subpoena has been issued to the City from that office to look at documents requiring the signature of a building official and bearing the signature of the Assistant City Manager or any other non-licensed building official. Is this subpoena really about getting evidence to pile on additional charges against the Assistant City Manager or something else?

We think there has to be more to the event than any one is so far saying. We find it difficult to believe this is just all about the Assistant City Manager. We wonder, would the former code enforcement officer, who is also a retired cop (a detective we believe), have any incite into the whole matter? Perhaps the target is the City Manager, but so far the State's Attorney appears to be holding only duces while looking for a pair of aces that likely don't exist.

A Tennant Worth Keeping

2007-04-25T08:19:00.000-04:00

"I just want to be able to work and live in this town." That's the view of the owner of the Waterfront Market regarding his lease negotiations with the City. Like everything in this city those negotiations seem to be dragging on and on. The parties are about $34,000 apart with some important differences. The City wants the yearly rent to increase 5% per year. This proposed increase is far more than annual inflation. There is no indication the Market will buy into this big an increase each year.

The City needs to realize that it is dealing with a grocery store not a bar. If the City wants a grocery store at that location, the City simply is not going to get the same amount of revenue as it would from a bar.

Many commercial leases have provisions that take a part of sales of a business. Those businesses, if they can, pass on this percentage to their customers. Here, that may not be feasible because competition in the grocery business is fierce. The only way for the Waterfront to survive is to be a specialty store like it is where its customers are willing to pay slightly higher prices for things they cannot easily get elsewhere. But even in the specialty store business, there is a limit to that kind of a mark up.

The City has an interest in preserving an institution (the true neighborhood grocery store) that is almost gone in most cities. This has value in the deal. It is a value the City needs to recognize because it benefits City residents and contributes far more to the quality of life of the neighborhood than any bar. This value, if the City will recognize it, could well account for dollar spread between the offers on the table.

We hope the two sides can come together on an acceptable compromise. We know the City thinks it needs the revenue, but the value of having the Waterfront Market at that location may outweigh other factors keeping the parties apart.

Two Peas In A Pod

2007-04-25T05:57:00.000-04:00

"It is time for a total review of HARC guidelines and of those people making guidelines who feel their taste and understanding is best for you and me. . . " Gosh, if we didn't know better, we'd have said we were hearing about Truman Annex. Is the HARC now taking its cues from the Annex example? You gotta love it!

Talk To Me

2007-04-24T09:05:00.000-04:00

"Some people's own mothers won't take the time to sit down and talk with them . . . ," says a twenty year old who is giving life to the AT&T saying, "Reach out and touch someone," only he's doing it on You Tube and T-Mobile. He's likely to give Oprah a run for her money one day.

The Intrigue Continues

2007-04-24T08:55:00.000-04:00

The Mayor has called for an investigation of the City Manager's use of sick time and other benefits. Meanwhile the State Department of Business & Professional Regulation (DBPR) has been investigating the issuance of the Certificate of Occupancy for the Rum Barrel Restaurant back in February 2006 that was apparently signed by Assistant City Manager, John Jones when the City's head of the Building Department and chief building official, Joe April, declined to sign.

Now, it has been reported that the DBPR would charge Assistant City Manager, John Jones, with a violation of State law for not being authorized to sign the (then temporary) Certificate of Occupancy. And, as reported in The Citizen, April 21, 2007 (Page 1), Jones has surrendered (and been released on his own recognizance) to face two misdemeanor charges for allegedly impersonating a state licensed building inspector.

While this brewing scandle may come close to Avael, close only counts in horseshoes, not hardball Key West politics. So far, the Mayor, who has made no secret he'd like to terminate the City Manager for cause, doesn't seem to have the solid amunition he may need to avoid the City having to buy out the rest of Manager Avael's contract if the City wants him gone immediately.

Avael is a survivor. The reality may be that the City will wind up having to pay Mr. Avael regardless of what happens. Before the Moguls in City Hall burn their bridges to Avael, they better take stock of what he may have on them. Now Avael has applied to be hired as the City Manager, perhaps throwing a monkey wrench into the hiring process, forcing the City to consider who may be the best qualified individual to hire, and requiring the City to reject him again if it doesent want to consider him. Is he giving himself political leverage or setting the City up for a lawsuit? It is no secret that at the game of political intrigue, Avael is one of the masters.

A Thought For The Week of April 23, 2007

2007-04-23T10:39:00.000-04:00

"I'll tell you something else that helps. That old saying, 'Take life one day at a time,' is mighty good advice. If I find myself becoming overwhelmed by it all, I focus on getting through the rest of the day, or maybe through dinner, or maybe just through the next hour."

-- Sarah Delany