Archive for April, 2012

wild card in the crosshairs – Trayvon Martin, FlaKey school district and Key West selections

Monday, April 30th, 2012

There is an earlier post today at this link: no justice, no peace – Blacks’ Trayvon Martin mantra?, which should take you to Today’s Vulcanite at goodmorningbirmingham.com. I slam Pulitzer winning Miami Herald journalist Leonard Pitts for what I view as a totally irresponsible article comparing the Trayvon Martin shooting to the Rodney King beating by several white Los Angeles police men. I include how I would strike an all-black jury, if I were George Zimmerman’s lawyer, and what I would do if Zimmerman objected.

 
Meanwhile, it’s a pretty bright Monday in the Florida Keys, too, if you equate bright with lots of sunlight …
 
From School Board member Ron Martin yesterday:
 
Subject: RE: Candidate Fairness
Date: Sun, 29 Apr 2012 16:28:09 -0400
From: Ron.MartinSB@KeysSchools.com
To: keysmyhome@hotmail.com

Sloan

To clarify I did not bring up the tax referendum to give pay raises to the teachers. I wanted to give the district the flexibility to reduce the impact the current recommendations would have on our students and schools.

Ron Martin

 
I replied:
 
Hi, Ron.

I did not think you brought up a new school tax increase to get higher pay for teachers.

I felt a new tax increase was necessary, after Jesus Jara repeatedly said, in the newspapers and at school board and town hall meetings, that 40 teachers would have to be let go to balance the budget. I did not want 40 teachers fired. I said that at the recent school board meeting, and at the previous school board workshop, and I recommended everyone in the school district take a pay cut to balance the budget.

I told you during a break at the last school board meeting that the teachers union could not be allowed to get at a new school tax, for that would be a deal killer for the new tax.

I came away from that meeting not trusting anything Jesus Jara says. I can’t imagine he will be kept working for this school district.

Sloan

 
Ron replied:
 
Just remember I always have one thing in my mind and that is what is best for the students. That is how I base my decisions. Thanks for all you are doing. Ron
 
I replied:
 
Way I look at it, Ron, you are the only person on the School Board who knows the terrain, because you made the terrain your career, your life. I imagine you have forgotten more than the rest of the Board members and Jesus Jara will ever learn about teaching, running a school, and school children. Sloan
 
Ron replied:
 
exactly Sloan don’t let me forget it run have a great Sunday night
 
From a Key West amiga yesterday:
 
I am sending you this link to a newspaper article that came out today on the issue of Peary Court.

 
By the way, the attorney for Southeast housing is using the argument “What would happen if the City would annex Key Haven? ( a wealthy enclave a mile outside the city) Would the City require the 30 % affordable housing then? Isn’t that absurd?”
 
One could easily turn that around and say “What would happen if Key Haven petitioned the City to Annex it? Wouldn’t the City require that this new applicant comply with its codes and Comp Plan? Or would we just give them a free ride?” That more clearly fits the case as to Peary Court.
 
As a thirty plus year resident of Key West, I can attest to the need to sustain all existing affordable housing, and at this time we are about to lose some time limited affordable housing. Please help improve the quality of life for all our working force, military and civilian. Ideally, the best and highest use for this land is the currently used affordable housing. In addition, we certainly have a growing need for assisted living, as is the rest of the nation. We have an affirmative vote of the local residents for assisted living, the question is location.
 
If the 100% affordable housing currently existing on leased military land in Peary Court is to be transformed into more high end luxury homes in a gated community, please stand strong on the need for at least 30% affordable for the life of the property. What an appalling transformation of U.S. taxpayer assets in affordability being transformed through a British holding company to private use at the expense of our own taxpayer needs.
 
Sincerely,
Monica Geers Dahl, Ed.D.
 
And not a very nice British holding company according to the three KWTN articles, by Naja Girard, Dennis Cooper and Rick Boettger.
 
KEY WEST THE NEWSPAPER April 26, 2012
 
PAGE ONE COMMENTARY
 
Since 2007, Peary Court Has Been Operated as a For-Profit Real Estate Business— but no Property Taxes Have Been Paid
 
by Arnaud Girard
and Naja Girard
 
Key Westers recently discovered that, back in 2007, the Navy had discretely transferred all of its local housing facilities, including Peary Court, to a subsidiary of Balfour Beatty, a huge British company.
 
Attorneys for BB are now thundering and threatening the City with lawsuits if it dares interfere with the ‘economic rights’ of private owners to redevelop Peary Court without City affordable housing restrictions.
 
But, as the stealth privatization of Peary Court slowly decloaks before our eyes, we must ask this uncomfortable question: Shouldn’t that company have been paying local property taxes since 2007? Because, the fact is, it hasn’t.
 
Why is it that a private company which, as it claims at public meetings, owns all of the buildings at Peary Court plus a 50-year lease on the land and an apparent option to sell the entire property to the highest bidder should not have to pay its share of property taxes, like the rest of us? After all, it is a for-profit organization not only renting to military families, but also to the general public.
 
Interestingly enough, Florida, in its First General Assembly (Senate and House) in June 1845, authorized the Federal Government to own land in Key West and be “tax exempt” but only as long as the land is used for exclusive military activities“and not otherwise.”
 
In other communities where BB operates, like Pennington County, South Dakota, BB will apparently be required to pay property taxes on its military housing if it starts renting to the general public. So, what about here in Key
West?
 
We asked our Property Appraisers’ Office (PAO) for an opinion. The PAO, however, claimed that it had no knowledge of any transfer of interest in local Navy housing property. “If you have knowledge or documentation that the Federal Government has conveyed ownership, or otherwise transferred interest, we would be most interested in seeing such,” said Karl Borglum, Monroe County Property Appraiser in a March 26, 2012, email.
 
Even so, it appears that there was something going on at the tax appraiser level in 2007 concerning the Navy housing properties. When we checked the land values for 2007, we found that the value of the land under BB’s housing had in most cases been slashed in two— $883 million of Key West Navy housing land was devalued to $457.6 million in 2007. Also, 90 percent of the buildings were not assessed, with the land being described as “vacant land”.
 
Curiously, while the land values for these BB housing properties were halved, land value assessments just about doubled for neighboring properties. In 2007, the Restaurant Store’s land value went from $40/SF up to $75/SF, the Armory from $95/SF to $150/SF. Spencer’s Boatyard went from $34/SF to $75/SF, but Peary Court was reduced from $40/SF to $18/SF.
 
The Property Appraiser’s Office indicated that they have no record as to why the value shifts were made. However, that same year, in 2007, BB was trying to borrow some $526 million on its newly-signed military housing contract with the US Navy. Could the bankers have been worried about the potential impact of property taxes on the repayment of that debt?
 
According to official publications, the Navy clearly spelled out to BB that it might have to pay property taxes when entering into the housing deal. Devaluation of the property at the tax appraisers office could have helped the deal go through.
 
As to tangible tax, while every business in town must report and pay taxes on every asset from computers to chairs and tables, BB has not reported a cent.
 
So, what would be the implications of this property tax issue? No one is more likely to profit from a collection of taxes from BB than the school children of Monroe County. The School District is looking at a $6.2 million deficit for the 2012-2013 school year and, according to School Board Chairman, John Dick, “Local taxes cover about 75 percent of the costs, and I think a fairly close number would be $7,100 per student. It does appear that the houses at Peary Court should have been placed on the tax roll.”
 
How much money are we talking about? Remember, we’re not just talking about Peary Court. We’re also talking about Sigsbee Island, Trumbo Point, Truman Waterfront housing, and even the medical clinic and homes on Roosevelt Boulevard since 2007— potentially millions of dollars in tax revenue.
 
But, ultimately it’s up to the tax appraisers. BB may be exempt or it may have to pay real estate taxes only on the buildings it owns or conceivably on everything, land included. Some facts that would be relevant include whether more than 50 percent of the apartments are rented to civilians—the Navy claims that only 25 percent of the military in Key West chose to live in military housing— whether BB owns title to the buildings— they sure say they do— and whether BB has a lease on the land and can trigger the sale of the property— BB officials say they can do that, too.
 
“Ironic. The British are not paying local taxes,” jokes Pascal Bergevois, who is British and a school teacher at a local pre-K, “Maybe we need a sequel to the Boston Tea Party, this time with the ‘Indians’demanding OUR tax money from the British.”
 
In the meantime, BB’s bonds on the military housing project have been given a “negative” outlook by Moody’s Investors Service and on March 28, BB warned all 12,000 employees in the UK that their jobs were in jeopardy.
 
Also, over the years, BB has paid millions of dollars in fines associated with charges of bribery, negligence and fraud in America and other countries around the world.
 
So, the School District probably shouldn’t budget BB’s money just yet.
 
BRITISH COMPANY HANDLING RENTALS AT PEARY COURT HAS PAID MILLIONS OF DOLLARS IN FINES ASSOCIATED WITH BRIBERY, FRAUD
AND NEGLIGENCE CHARGES
Who is Balfour Beatty?
by Dennis Reeves Cooper
 
Based in the United Kingdom, Balfour Beatty (BB) is a huge transnational civil engineering and construction giant. Since October 2007, a subsidiary of BB has reportedly owned all of the buildings at Peary Court and has a 50-year lease on the land— according to statements by representatives of BB at public meetings here.
Since 2007, BB has operated Peary Court as a for-profit real estate business, renting units to military families as well as private citizens. Some sources say that during this time, BB should have been paying city and county property tax— possibly millions of dollars. They have not.
 
Some sources also say that, since 2007, BB should have been complying with all city, county and state regulations, codes, inspections, as well as paying all associated fees. They have not.
 
If these allegations are true, BB has broken the law here. The truth will eventually emerge. But in any event, Balfour Beatty is no stranger to allegations of wrong-doing.
 
• In October 2008, the London-based Guardian newspaper reported that Balfour Beatty had paid a multi-million- dollar fine to settle bribery allegations relating to a construction project in Egypt.
 
• In 1999, according to press reports, Balfour Beatty was ordered to pay a fine of $1.8 million after a railway tunnel collapsed during construction at London’s Heathrow Airport.
 
• In 2007, Balfour Beatty was fined $12 million for negligence after a train accident in southern England killed four and left 102 injured. The accident was reportedly caused by a broken rail. BB officials reportedly knew about the broken rail for months before the accident.
• In June 2000, 40 FBI agents raided BB’s Massachusetts office as part of an investigation of fraud allegations. Allegedly, BB had doubled the cost of an Amtrak project from $321 million to $680 million. In October 2005, the London-based Telegraph newspaper reported that Balfour Beatty and two other companies had agreed to pay Amtrak $25 million to settle fraud allegations.
 
• In 2001, BB along with a number of other transnational companies involved in a dam construction project was charged with bribing a Lesotho government official. Lesotho is a small country completely surrounded by South Africa.
 
There are no allegations of fraud, negligence or bribery concerning BB’s development project here in Key West.
 

LESSONS OF PEARY COURT

COMMENTARY

by Rick Boettger

Our front page recently asked, “Was Harry Powell right?” My answer is, wow, was he ever right. And not just about Peary Court, but about the Shipyard affordable housing and even, I will argue, about the way he made his case—threatening to blow himself up, and going to prison.

I’ve read tens of thousands of words on the record, and here’s the short story. The Navy built housing they knew they didn’t need. They used bad faith in the process. The populace and our local government tried very hard to reason with and plead our case to the Navy, but were scorned. Our local political leaders eventually gave up. Harry, after doing everything within the system, for years, to no avail, snapped.

The Navy decided to build on Peary Court as the Cold War was winding down, and decisions were already in the pipeline to downsize in Key West. Meanwhile they had had recently upgraded 222 units of housing in Poinciana which they then decided to give away, demolished 188 on Sigsbee, and tore down 30 trailers across from Glynn Archer. They also had numerous alternative that would have avoided demolishing many mature trees and covering a beloved green space in the middle of town.

What I found most shocking in this story is the scornful disrespect the Navy showed towards not only the people and elected leaders of Key West but towards their own rules and procedures. They ignored our City commission’s 14 resolutions begging for any kind of accommodation. They did cursory and cynical environmental assessments. They ignored the role of green space or value to the community of the trees and ball fields. They repeatedly lied about not having received any objections during a 30-day noticing period, and then, when busted, said “It doesn’t matter whether we…” The Government Accounting Office investigated and castigated them for ignoring the availability of housing in Key West, among their other errors in the Peary court process.

Our Water Management District ordered them to stop working until they corrected drainage issues, and they simply ignored their injunctions. They completed the project, after themselves officially acknowledging a housing surplus, just because the money had already been allocated and the contracts signed.

The biggest diss to the City came after the sad breakdown of the City Commission’s years-long resolve. They fought until the Navy threatened to charge us $20,000 to remove the bleachers from our softball fields. The City blinked, tore down the bleachers, and thereafter like whipped puppies approved the Navy plans. In one two-hour final fight with only Harry still resiting, Jimmy Weekley delivered a tirade against Powell, telling him to stay out of his way because Weekley was making progress toward a compromise. But a month later, the Congressman Jimmy thought was helping us meekly delivered a terse non-sequiter, repeating the already-busted lie that “no responses were received in the 30-day period,” essentially flipping us the bird.

Harry had fought for four years as a Commissioner. He gathered 5,634 signatures on a petition. After leaving office, he continued his campaign in Washington, writing 250 letters (one response). He got arrested for chaining himself to his bike on the property. He flew to Washington five times to visit everybody who might help. The final act of faking the explosives was thought of in just a day, a desperate impulse.

Those are the short facts, from my reading of J.D. Doolittle, Nancy Klingener, and Mike Smith, reporting at length at the time. So what are the lessons we can learn from this urban tragedy, our losing a prime green space in our overbuilt little burg, losing it to callous indifference to not only our needs but the needs of the military itself? In brief, who we elect REALY MATTERS, working the system can be a waste of time, and sometimes you have to sue or go to jail yourself.

When Harry left the Commission, he was replaced by Harry Bethel, and Dennis Ward took Captain Tony’s spot as Mayor. So another “concrete coalition” ruled Key West. On this Commission, Jimmy, Joe Pais, and Sally Lewis changed their former votes to save Peary Court, and abandoned the cause. Worse, even when the former Commission was writing resolutions, they refused to spend a cent to send Harry to D.C., or join Last Stand in their lawsuit.

Our national leaders also refused to offer meaningful help. Senator Connie Mack finally asked the GAO to formally investigate Peary Court only because it was Harry’s single demand in his explosive meltdown.

It is hard for me to believe how badly the Navy acted in this matter, through three change of commands. When I moved here in 1996 the base was open to all, and I’ve seen nothing more disagreeable than the normal tension surrounding large fighter jets, which has been handled by comparison with caring mutual respect. I have no idea what we the people can do to influence our military if our national leaders don’t manage them for us.

The only unarguable positive outcome was seeing Last Stand really step up to the plate. They filed the lawsuit that the City refused to even sign on to. They stuck with it, even prevailing at first, before losing on appeal. They have proven to be able fighters for the public good, willing to hang in there over the long run, and at substantial expense. Bravo, Jim Farrell, the President at the time.

The lesson our current City Commission should take from this is to stand on their hind legs and at the very least require the normal proportion of affordable housing, still allowing the developers to make enough millions of dollars from their investment. Please, redeem the sad heritage of your impotent predecessors.

I take two personal lessons from it all. First, it reinforces my conclusion that attending meetings, trying to work together, and writing articles trying to come to a consensus is too often a waste of time, and the only thing to do is sue the bastards. Harry did everything he could, with the help of literally hundreds in the community, including a young gal who chained herself in a tree for five days. It accomplished nothing. Only the Law gave us a chance. And being right is no consolation. Harry had previously been dead-on about the Shipyard condos. He objected to their special “affordable housing” zoning dispensation, warning that rich Northerners would buy them out and rent them out to transients. He voted “No” alone, saying local workers would not benefit. Yup.

The second lesson is tougher. I ran into Harry at the Waterfront Playhouse back when I was planning to chain myself to a Fort Zach pine tree to stop their destruction. I asked him if he had any advice. He said, “Rick, you get one wild card in life. Play it carefully.”

Hmm. This is profound. “Wild card.” I’ve got one. And I should “play it,” not die with it up my sleeve. But I should play it “carefully.” What the hell does that mean? Harry was “careful” in that he hurt no one, nor even threatened to harm anything but a trailer and himself. He didn’t get himself shot by a sniper. But he did spend a lot of time in prison.

Rosalind Brackenbury wrote that Harry“equated those few green acres with the worth of his own life . . . It was the last large green public open space on the island. Mature trees grew there, people had picnics, played and relaxed. It belonged to the people who live here, what city planners call a ‘lung,’ the necessary breathing space in all urban development. It was home to wild life, nesting birds, the tropical life that is under assault in these days of rampant greed for land. . . On an island this stares you in the face: if you use this up there isn’t any more. But the piecemeal destruction goes on. Bit by bit, acre by acre, lot by lot, fish by fish. So you have to pay attention to the pieces, because in them is the whole. That’s what Harry Powell has been doing for years. That’s why he’s in the Monroe County jail.”

Harry cared. Too much? No. I think what he did was more right than doing nothing. At age 63, I still have my wild card, burning a hole in my pocket. I think of Harry, and I am ashamed.

 
I wrote this to Rick:
 
Hi, Rick.

Tipped off by someone in Key West with links to KWTN, I read Naja’s and your articles re Peary Ct.

Most interesting, most infuriating.

Naja said she would send me in the body of an email the text of her article. Can you do that with your article?

The wild card thing is intriguing, challenging.

I hated to think it as I read your article, and got to where you realized being nice and so forth is a waste of time and breath, and the only way to deal with them is sue them.

What I hated to think is, it seems to me Key West is just like Balfour and the Navy: you have to sue the city to get it to behave.

I asked Naja, who taught whom to behave that way? The city, the Navy, Balfour?

Birds of a feather?

Karma?

I wonder if someone in the Tax Assessor Office, or someone with influence there, or both, are a bit nervous after this Navy/Balfour thing got aired out in KWTN?

I wonder if the State Attorney is a bit unhappy about it?

I hope so.

And the US Attorney, too.

Thanks,

Sloan

 
Rick replied, with a text copy of his article:
 
You play your ‘wild card’ every day of your life, Sloan. YOU don’t have anything to be ashamed of. Rick

I did not write to Rick that Jimmy Weekly was on the City Commission who told the City Attorney to grind Duck Tours to dust.
 
I did not write to Rick that Jimmy was Mayor, as I recall, when the city drove Robert Krutko and his wife out of business, al la Duck Tours, so the Fury tour boat owned by local attorney Michael Halpern and several local business men could get the choice boat slip the Krutko’s tour boat had enjoyed, and ten times more passengers than had been allowed to the Krutkos boat.
 
I did not write to Rick that Jimmy is on the current city commission who are telling the city’s Gestapo to make homeless people’s lives a living hell, while encouraging everyone else to drink as much booze in Key West as possible.
 
I did not write to Rick that Jimmy is on the current city commission who are protecting the city’s tree Nazis.

From someone who play lots of wild cards, who put herself in snipers’ cross hairs lots of times:
 
As you know, Sloan, the first time I actually met with Assistant City Manager Mark Finigan was yesterday. My brief encounter with him nearly a year ago was when he resolved a code permit problem for the church when they were trying to replace their old wooden sign with a new sign that was the same dimensions going up on the same two little poles. The city staff was requiring the church go through the same procedure as Home Depot did to put their large sign up, I.E.: demanding swale area surveys, and traffic impacts, and 2 plans and property surveys, and inch to scale drawings of entire property,…..etc. Mark stopped the madness in one day and a permit was issued.

He was/is a very sincere gentleman who understands rules, intent of rules, etc. and has at times past worked diligently to impart this knowledge to others within the city whom are burdening people with misinterpretation of rules, and wrongly taking fees and fines that are not applicable. I do want to give him a chance to “separate” himself from the “moneychangers in the temple” on the matters I am concerned about now. I don’t think he will be a part of the city’s own criminal enterprise….and I believe he will either stop it, or distance himself from it very far.

Marc has never been made aware of the problems I have with what the city doing is doing in their extortion of private homeowners and the city’s refusal to trim trees and clear lines so no one dies from electrocution…and Ramsingh has zealously tried to keep me from meeting with him. Yesterday my attorney assumed I was arrested for entering the city offices for an appointment I had made. Ramsingh had called my attorney and told my attorney that I was to stay away from all city officials and employees. Sounds like an attempt at restraining me from doing business, as well as to keep certain officials in the dark about my concerns. Ramsingh might be very afraid I will bring in his sworn-to, fraudulent statement he submitted in a coerced frivolous lawsuit as a “citizen” and show the city he lies under oath.

I haven’t shown this to them yet….maybe it is time to do that. That has nothing to do with my cases, and I am free to discuss anything other than my cases with the city. I have to have communication with them, or I can’t work…because as you say, they still govern my business….and are required to issue my permits, etc. So how does Ramsingh think I can conduct business when he is threatening me with arrest if I enter a city office. This so reminds me of when I went to the records department at the Sheriff office to pick up and pay for the records prepared for me by Sheriff attorney Mark Willis, only to have a host of Sheriff employees threaten me with arrest merely for being there because they did not want me to have the records Willis had prepared for me. Oh, the memories.

My intentions with the city are: 1. Stop the RICO enterprise 2. Stop the Tree Commission from oppressing and terrorizing citizens and businesses with made up authority, rules and fines 3. Start taking care of trees in power lines so nobody else dies from attempts to hide power lines from tourists….

I am entering the city meek for now …..but I believe, I will soon be made to visit the moneychangers…in the temple.
 
Sandy
 
I replied:
 
That the city has kept Ramsingh involved with your case, in particular, and with the Tree Commission’s various criminal enterprises, in general, is legal ratification by the city of everything Ramsingh has done, is doing, and will do re the Tree Commission, for so long as he is allowed by the city to do it. It also is legal ratification by Ramsingh’s boss, City Attorney Shawn Smith. Ramsingh is clearly off the reservation and rabid, and should have been put down the day after your Star Chamber proceeding. Alas, the city is so corrupt in its core that it thrives on rabies, as time has proven over and over again. Some examples fairly familiar to me: Duck Tours, Robert Krutko, Jim Young, Radim Havlicek, Tarzan Tree Care.

If I were Mayor Craig Cates and saw my Tree Commission appointees behaving like that, I would bring a resolution at the next City Commission to have them fired. Meanwhile, I would ask the the State Attorney to prosecute them. If I were Mayor Cates, I would be screaming at Shawn Smith to get rid of Ramsingh. Ah, but there’s the rub. If Mayor Cates does that, if Smith get rids of Ramsingh, voila!, they admit your side of it is true, and, OMG!!!, it goes all the way back, doesn’t it?

 
Someone told me yesterday that I will be elected mayor of Key West, if I run again. Like I want the job in that den of thieves. Like conchs will flock to the polls to vote for me, when they know it will go easier on them if they vote for you for mayor :-) .
 
Sloan