There is a new invoked by Larry Murray, St. George takes a special interest in the Florida Keys blackboard jungle post at www.goodmorningkeywest.com, which you should be able to reach today by clicking on either link, and at anytime by clicking on the first link.
Nashville J replied to yesterday’s more No Name Key follies, with special emphasis on seldom used tried and true psychology principles of healing, and often used political principles of influence peddling and being gotten to and being righteous about it post:
Well, I am not a lawyer like you, BUT, if I am someone who does not want power on No Name Key, I would have my lawsuit ready to go against the County, Keys Energy Services, No Name Key Property Owners Association and each individual home owner in support of and who paid to have the poles and lines run to No Name Key. I would file it now and it would be BIG – just so they know that I am not going to roll over and they should really consider what they are gonna do IF I do win. I expect that the settlement if there ever was one, would be in excess of the $8 Million that the DUCKS cost Key West.
Maybe I am wrong and I expect you will tell me if I am but the excuse of having already spent $600,000+ to get the poles and lines out there means absolutely NOTHING – other than the people who did it are dumb asses. WHY would you not spend the $30,000 each to upgrade your own solar system UNLESS it has nothing to do with what is already there but rather the development to come.
Since I don’t live there, it does not impact me directly but I hate to see BULLIES run over the people who have followed the rules on NO NAME KEY. Seems Bullying in the school system carries over to later life in the keys!
Hi, J – It sure don’t seem the angels who organize my dreams think you are wrong, because I just came out of a nap dream in which I heard Jay Cutler prominently mentioned twice, and since he once was a Vanderbilt quarterback, who now is the Chicago Bears quarterback, and since he is known for having a super rifle throwing arm, and since you are known to me as Nashville J, and since Nashville is the city where Vanderbilt is located, and since personally, and as an ex-lawyer who sometimes was wont to file lawsuits nobody but me felt should be filed, and as a confirmed crazy person who often files “lawsuits” in “imaginary courts” today, which lots of people think are maniacal ravings, I really like the super TD strike pass lawsuit papers you threw in your email I did not know you had launched until after I dragged myself out of the nap dream grog and bed to my writing chair and saw the six-pointer waiting for me in my in-box. Cowabonga!!!
By the way, in my dream and otherwise cosmology, 6 is Melchizedek’s number. Shazam!!!
Over breakfast at Coco’s Kitchen yesterday morning, an older fellow who was reading the News-Barometer and I got to talking about the No Name Key fracas. He said he did not understand it, and Florida was seriously messed up politically. I said this situation, and the Florida Keys have nothing to with Florida. A woman listening on said the Keys are a separate republic. I said the Keys have their own laws, and most of them are unwritten. The woman laughed. The older man nodded. I said the people on No Name Key would intentionally walk out in front of a bus and sue the county for it, if they survived, even though the county had nothing to do with the bus company. The woman laughed again, the older man nodded. I said that’s why I call the Keys The Asteroid Belt. It’s just a bunch of broken up rocks in space. More laughter and more nodding.
Then, I went home and received a phone call from Kandy Kimble re the email from her and her husband Harold, which I had published in yesterday’smore No Name Key follies, with special emphasis on seldom used tried and true psychology principles of healing, and often used political principles of influence peddling and being gotten to and being righteous about it post. Kandy said what I posted was an embellisment by someone of else, of the email she and her husband had sent to Danny Kolhage. I asked her to send me the original email, and said I would publish it today. I said a double hit in this particular case would be a good thing.
I then told the person who had embellished the Kimbles’ email, without telling me it was embellished, that although the embellishments may have been factually accurate, what was done really was no different from the embellishing routinely done by the pro-gridders on No Name Key. Bullying takes many forms, and embellishing is one of them.
You can see the text of the embellished email by clicking on this link and scrolling down to the scene of the crime: more No Name Key follies, with special emphasis on seldom used tried and true psychology principles of healing, and often used political principles of influence peddling and being gotten to and being righteous about it.
Kandy later emailed this to me:
It is a matter of concern to me, that the letter which I sent to Commissioner Kolhage was inadvertently misrepresented in your post today. This is the actual letter sent to the Commissioner. I gave a hard copy of the letter (with attachments) to all five Commissioners and the Clerk and then I read the letter in to the record at the last BOCC meeting.
You have my permission to print the correct letter with the correct attachments.
Begin forwarded message:
From: Kandy Kimble <email@example.com>
Date: January 8, 2013 3:14:00 PM EST
To: Danny Kolhage <firstname.lastname@example.org>
Subject: The Travesty Allowed to Take Place on No Name Key
Dear Commissioner Kolhage,
On the chance that you have not seen the attached 12/21/2012 editorial in the News Barometer, we have attached it to this email. Please consider what Mr. Estes is saying. It makes so much sense.
If the County “looks the other way” with regard to the work that was done on NNK illegally and is therefore willing to change its Comp Plan to accommodate that work, then why wouldn’t and other homeowner in the Keys go ahead and do something currently illegal on their property and then, after the fact, either get it overlooked/permitted or ask to have the law changed to accommodate their illegal actions. They could simply cry, “But we’ve already spent all this money…feel sorry for us”.
Logic dictates that any monies spent on an illegal project should be (as it always has been) totally irrelevant to any decision made by the County, any court or other mandating agency. The members of the NNKPOA chose to spend their money before the proper approvals were obtained. They did so willingly and at their own risk. They should not be rewarded. To do so will set a dangerous precedent.
In their own words, they were banking on just what is happening…that since it’s in place, the powers that be will “back down and let it stay”.
Also, please consider the following:
Of the 22 NNKPOA members, who are so certain that they need to have commercially generated electric, only seven live on NNK and four of those purchased after the highly publicized 1996 Comp Plan change (see attached NNKPOA Homestead List). For the County to change a long-standing and utterly necessary code under these circumstances would be a mistake. If the code is changed at all, the part which “discourages” development should rather “not allow” development.
Thank you for your time.
Harold and Kandy Kimble
(full-time NNK residents)
1909 Bahia Shores Road
No Name Key, FL 33043
NEWS BAROMETER: OPINION December 21, 2012
MONEY SHOULDN’T BE A THOUGHT
It seems as though there is always an unintended consequence attached to a statement made that at first glance appears to carry a great deal of common sense.
Such is the case with a statement made by new District One County Commissioner Danny Kolhage at last Wednesday’s Board of County Commissioner’s meeting.
The board was debating the issue of (commercial) electrification of No Name Key. That’s a subject that has consumed a lot of time and effort from a lot of people over the last 20 years, probably a lot more time and effort than the tiny, remote island off the northeast shore of Big Pine Key warrants, with its herd of endangered Key Deer and 43 homes.
So let us set the stage.
The BOCC was debating whether to move forward on attempting to approve a settlement of the myriad of legal cases currently surrounding the electrification issue. The settlement offered by No Name Key homeowners was an obvious non-starter, mostly because it required the BOCC to come to a final conclusion to ignore or change its current prohibition against public utilities on the island for a payoff of ending the legal disputes surrounding the power grid on island.
That grid is already there. Using a state statute that exempts utilities from county oversight in public rights-of-way, and using funding supplied by 25 (22) of the 43 homeowners, Keys Energy Services put up power poles and strung lines to service (half) the 43 homes. In doing so, the utility strung wires across county-owned lots without benefit of an approved easement by the BOCC, and for its trouble has now been hit with a civil trespass suit by the county.
But the 25 (22) residents of the island who desperately want power* put more than $600,000 in Keys Energy’s pocket to build that grid that at the moment goes nowhere. *Note: NNK has power. Most of the homes there have all the modern electric appliances (TVs, A/C, microwave, dishwasher, etc.). If anyone is lacking anything, it is at their own choosing. Speaking of “common sense,” for far less than their approximate $30K, they could have upgraded their solar systems, eliminated their generators entirely and been 100% green— oh, and not solicit a monthly utility bill.
The lines don’t energize homes because the county has a valid ordinance on its books that prohibits the extension of public utilities to or through areas designated as a federal Coastal Barrier Resource System. No Name Key carries that designation for much of its acreage, and none of the grid would be possible without going through a CBRS area somewhere along the way.
So the county is claiming it cannot legally issue building permits for the residents to hook into the lines.
And Kolhage says that common sense should prevail and because the poles and lines are there, running within feet of some of the homes, and the residents put more than $600,000 out of pocket to put those things where they are, the county should simply back down and give the folks their permits if doing so wouldn’t significantly cause other problems in other areas.
His common sense approach was that it seemed like a huge waste of money to deny permits with a working grid already in place. And would be a huge waste of money to force the grid to be removed. Note: This is exactly the reaction they expected and have stated that they knew the “County would back down.”
Commendable sentiments those.
Here come the potential unintended consequences.
Keys Energy put up the grid without county permission (also against their own attorney’s advice, against their advice to the NNKPOA and at the insistence of the NNKPOA who acknowledged responsibility for any consequences). It had a right to do that in established rights-of-way, but it didn’t stay in those rights-of-way. That makes the grid potentially unlawful under county code and state statute. Issuing permits without changing the prohibition would be an unlawful act under county code and state statute.
Let’s think for a moment about other areas of land use where the county cares not one iota about the money invested by a property owner before the lawful nature of the action has been determined.
During the 1970s, 1980s and 1990s, thousands of homeowners built enclosures under their homes. Many of them were built without first obtaining the requisite approvals.
And regardless of the thousands of dollars those homeowners may have spent on constructing an enclosure below base flood, even if just for storage and a rec room for the family, or a man cave, or some other innocuous purpose, because those homeowners built without prior approval, the county forced them to spend sometimes tens of thousands more to tear out those enclosures to bring the unit into compliance with county code.
Multiply the number of times that scenario has played out, and the $600,000 spent for No Name Key ‘s power grid pales greatly in comparison. It is estimated that tearing out enclosures, often purchased with the house by someone who didn’t build it, has been a cottage industry in the Keys worth millions.
So where’s the justice in that?
We have a group of people who often unknowingly bought something in existence, paying a hefty price for it, too, with the intent to use it, only to be forced to get rid of the unlawful space at their own expense.
And we have another group of homeowners who may have paid for a power grid that is potentially unlawful, and were told by the county that they couldn’t get the final hook up and (knowingly) went ahead and spent the money anyway, and we want to reward them for that action by changing the policy.
That leaves common sense out in the cold.
If how much one spends on an unlawful enterprise is a gauge for fairness, or how much one spends in preparation for an act that can’t be consummated is a checkpoint for making decisions, then the Keys will be lost to the deep-pocketed sooner rather than later.
We would think that telling 4,000 people they must, at their own expense, rip out a unit that at one time was probably lawful, just because they did it without the requisite permissions in place, or, in many cases someone else did it without the requisite permissions in place accounts for a much larger expenditure of taxpayer money than Kolhage is currently concerned about on No Name Key.
We like Kolhage. He will be a good commissioner. But this was not his finest hour.
Of the twenty-two NNKPOA members who paid a pro-rata share to KES, only SEVEN live on NNK. Of those, FOUR bought after the 1996 highly publicized County Comprehensive Land Use Plan restricting utilities, leaving only THREE NNK residents expecting commercial electric — however, all three live in the CBRS area.
Sale DateBut…Homestead Eaken not on tax roll
built 1988 NNK Brown 4-1-1989
built 1991 NNK Fletcher 6-1-1990
built 1994-1997 NNK Newton 10-1-1988
built 1996-1997 MOVED 12-19-2012
Bakke 11-1-1997 NNK
NNK Hochberg 10-24-2003 NNK
Vickrey 11-1-2006 NNK
Pichel 4-1-1986 vacant lot 2006 Medley, FL only vacant lot on record Bone 7-1-1990 Boynton Beach, FL Coleman 7-1-1990 built 1991 Coconut Creek, FL
Morris 8-1-1989 built 1992 Pompano Beach, FL
Druckman-Jeanneret 3-1-1994 Switzerland
Ebner 7-1-1995 Broomfield, CO
Kamm 6-1-1994 built 1996 Oyster Bay, NY
Appignani (Louja Realty) 5-21-2004 Boynton Beach, FL
McCurdy (Marginella LLC) 8-18-2005
Fairland, IN 4 vacant lots/commercial
Reynolds 10-4-2005 Pinecrest, FL
Raser 3-30-2006 Pottstown, PA
Turkel 8-2-2007 Pinecrest, FL
Licht 12-1-2008 Boca Raton, FL
Phillipp 4-1-2010 plus 3 vacant lots