The Marathon Florida Keys Journal City of Marathon, Florida Keys, Paradise
 Volume 11 † Issue 9 † September 2005 [In The Keys] [Kitty Talk] [Guest Articles] [Internet Stuff] [Poetry Corner] [Hockey Puck] [Twins of the Dark Star] [The Dull Stuff]
The Marathon Florida Keys Journal contains all the old articles, but adds a new focus locally in the Florida Keys. The most popular part of the magazine is Kitty Talk. The lead article is the In The Keys section that offers opinions and even some editorializing. Additionally, there are articles concerning the local political beat. At times these articles were provided to other media for publication, which edit them to suit their needs. The Marathon Free Press/Citizen has used some of these articles. We are always looking for interesting guest articles. We sincerely appreciate your visit and patronage. Please enjoy and come back soon! In The Keys ~some articles have photos, go to http://MarathonJournal.US/press/index.htm~ The Marathon City Council versus Florida Keys Aqueduct Authority [FKAA] continues at the July 26th council meeting. After a protracted discussion with some public input, Marathon has determined that they don't need FKAA's permission for anything to do with wastewater.
City Attorney John Herin provided an opinion of Marathon's right to be its own wastewater authority. He explained that the FKAA's request of the Florida State Attorney to provide a legal opinion on the matter was declined. The City Attorney them wrote his opinion.
Based on several factors, Marathon has as of right the ability to be its own wastewater authority notwithstanding the FKAA. This right is granted to municipalities by the Florida constitution. The right is also part of the city's charter and not specifically excluded. The charter was enacted before the FKAA's legislation, giving it authority over unincorporated Monroe County. Municipalities have the right to build, operate, and maintain their own wastewater systems. Key West and Key Colony Beach are examples of such systems already in place by cities without any FKAA assistance.
With the stated legal opinion, the council moved toward hiring Weiler Engineering Corporation [WEC] to get Marathon's sewer project going as soon as possible. City Council would prefer to enter into an interlocal agreement using tax dollars collected from the Municipal Services Taxing Unit [MSTU]. This MSTU was setup to pay for services in the planning, construction, and operation of wastewater systems. Both the city and the FKAA had agreed that WEC approach was viable and should proceed.
While FKAA Executive Director Jim Reynolds and Board of Director Mary Rice looked on, the council discussed other alternative funds to keep the process moving, until the MSTU can be changed over to the City of Marathon vice the FKAA. The staff was directed to take action to make that happen as soon as possible.
Meanwhile, the city essentially hired WEC and will proceed to build and operate its own wastewater systems.
Former council member, Frank Greenman, cautioned the city on its course of action. Resident John Whalton also spoke about the city continuing to work with the FKAA.
OPINION: Clearly, the City of Marathon has the right to be its own wastewater authority. After five years with the FKAA, the City Council has rightly determined that the course of action is to follow the examples of Key West and Key Colony Beach and exercise its right to build and operate its own wastewater systems. There is still a lot of work to do, but 2010 is coming quickly. The City of Marathon can make that deadline for less money with a quality sewer system. The FKAA needs to stand aside and let Marathon do its business. There are two photos of the FKAA's sour disposition at http://MarathonJournal.US/press/index.htm A Letter from Our Dear Friend John Wilson Hi Larry,
I realise this comment is a little late but I saw on the TV a few weeks ago that there was a big cyclone raging in the Keys. I intended to write and ask how you were, but got sidetracked through illness.
So I am asking now. Did it hit where you were and what was the damage? Are you ok? The last seems a redundant question because if you reply, you are most likely ok
Thank you for the award, but I am having problems accessing it. I must be doing something wrong
Did I tell you that James, the last of our, (Anita's and mine) cats passed away. I miss his company. He would sit under the computer at my feet or come to the workshop and sit in a safe place while he supervised my work.
I must write a last little story about him and Bossman. Still a few stories to write of our cats.
I have been very busy when I have not been ill. I am on various committee involved with the environment, working with companies to eliminate or reduce pollution and I am also on the Board of a Training Centre that is dedicated to training the vulnerable a disadvantaged within the community gain trade, electronic and business skills. I have always had a belief that anyone can learn if the want to. It is a matter of providing the correct support and encouragement. I was going through some of my papers the other day and I came across a card sent to me by a young apprentice who had finally qualified as a fitter and turner. In it he thanked me for my help and said it was only for my help he was able to qualify. I kept it as I felt it was a nice gesture. I an of course others in the community, are still fighting to try and stop a multinational locating a chemical storage plant in Geelong.
They want to build spheres to hold hazardous chemicals like butadiene, VCM, ethylene glycol monomer and some other dangerous class 3 chemicals would you believe it? in the middle of an area where residents live, there are 9 primary school, several church and senior schools, a large retail outlet and several businesses employing approximately 2000 workers. To top it off it is being located across the road from an aging Shell Petrol Chemical facility and oil refinery, which has almost daily incidences requiring intervention of the EPA.
We, the community, have to attend a Direction Hearing tomorrow (Friday) that is a precursor to the Big Hearing.
I have written up an objection claiming that the whole process of assessing the application is flawed with the appropriate authorities using data that is up to 15 years old. The methodology and parameters are questionable even under their own regulations. I also discovered that the site lies on a fault line and is subject to many tremors. Let's hope we have a good win. We have already won a couple of rounds, but the war is yet to be won. Wish us luck. regards
John Wilson aka professori The Middle Keys Community Land Trust [MKCLT] held its regular meeting July 27th at Marathon City Hall Conference Room. President Debbie Love called the meeting to order at 6:40 PM. The agenda and the minutes were approved.
The President's report contained a presentation on the new conflict of interest policy being implemented. Administrator Rick Casey gave his report, which included financials and a presentation on affordable housing buildable lots.
Rick did a study on how many lots are buildable for workforce affordable housing, either rental or homeownership. Excluding any canal or waterfront properties, he found 255 buildable lots in Marathon. Those 255 lots could contain 377 affordable units. There was board discussion on how to increase the density to increase the number of affordable units on the ground. This list could be used in future MKCLT acquisition strategies.
Larry Shaffer reported on the status of http://www.mkclt.org website. Unique visitor rates continue to increase. Larry also reported on the status of the Overseas Village Home Owners Association [OVHOA].
The OVHOA is up and running with the residents coming together into a tighter community. A number of minor maintenance items need addressed. President Derrick is managing those items. Also, the Singh Company needs to correct some problems. A letter is being drawn up to send to the Singh Company. The cooperation between the OVHOA and the Singh Company has worked well so far. Larry reported that MKCLT members are invited to the OVHOA annual party coming up soon.
The big item of discussion was possible acquisition of the 23rd Street property, which could provide 14 rental units and two homeownership opportunities. After a long discussion of the pros and cons, the board unanimously approved acquisition of the 23rd Street property. There is a lot of work left to do, before this becomes a reality.
The rest of the agenda was discussed. The meeting adjourned at 8:40 PM.
The Florida Keys Aqueduct Authority [FKAA] held its regular meeting at Marathon Garden Club on July 28th at 6:30 PM. Of interest to the City of Marathon were wastewater issues.
Members of the County Commission, City Council, and city staff were in attendance.
The FKAA agenda item about Marathon's request to transfer wastewater jurisdiction to the city was removed from consideration. Additional agenda items were added. The first addition allowed Weiler Engineering Corporation [WEC] to make its presentation for building a wastewater system for the City of Marathon. The second addition entered into an interlocal agreement to use Municipal Services Taxing Unit [MSTU] funds to pay WEC.
WEC made their presentation. Then the FKAA considered using Marathon's MSTU funds to pay WEC. Mayor John Bartus spoke to the FKAA board at length. His comments boiled down to the fact that the city would proceed as its own wastewater utility. He alluded to the assertion that cooperation between the city and FKAA would not be impossible though.
The FKAA passed the funding request unanimously without speaking to the issue of who has what authority.
OPINION: The City of Marathon clearly has the authority to be its own wastewater utility. Hopefully, the city can use WEC and FKAA to reach their goal of providing wastewater systems citywide by 2010. If FKAA insists that they have jurisdiction, then Marathon can simply ignore them. If this goes to court, the FKAA would most likely lose. Ultimately, wastewater systems need designed, built, operated, and maintained without overburdening the citizens of Marathon. However the entities involved get to that goal is really immaterial.
Marathon Ports Manager, Harry Delashmutt, has indicated a number of different ways and venues that he wants to cut bridge tender hours from 16 a day to 12. Harry also wants to remove the bridge span instead of repair it.
In another tight city budget process, Delashmutt is scrambling to save any money whatsoever and however he can. Even though the city's subsidy is now approaching $300,000 a year, and the Ports Department has yet to make any profit going on six years, he wants to save money on the backs of the bridge tenders and Joe Nascone.
Joe owns the radio station complex on Boot Key. He offers valuable services to a fishing community near his compound. He has a number of employees who depend on their jobs.
Carl Martin, the last full-time bridge tender, is in danger of losing the job that he loves. He has worked as a bridge tender for a very long time, starting out with Monroe County. He has been the lead bridge tender for almost six years now. Carl knows Boot Key Bridge front to back, side to side, up and down, and is a valuable city employee.
Retired Chicago firefighter, Wayne Herr, is another valued and skilled bridge tender. While staffing is very low, he is working extraordinary hours. I wonder what this important city employee will do when his hours are cut, or even when the bridge span gets removed?
There are several federal agencies that would have to weigh in on any decision to remove the bridge span. Harry Delashmutt continues to push for the span removal option. I know that the Coast Guard has been asked several questions of this sort over the last several years. Additionally, Monroe County tried a number of times to close the bridge down. Through persistence, Marathon's Ports Manager may yet have his way, regardless of the fallout from losing employees, affecting the radio station complex, and impacting the surrounding Boot Key Harbor businesses.
Marathon City Council had a Special Call meeting to consider Rate of Growth Ordinance [ROGO] concepts August 2nd at the Government Center. This was a cooperative process with Planning Department, Gail Kenson, and Keith and Schnars, Debbie Love.
Instead of ROGO they proposed a Building Permit Allocation System [BPAS] that seems to work in Tahoe. Debbie Love explained the two options facing council. Revise the existing, flawed ROGO system, or install a new system called BPAS.
In the proposed parcel scoring technique, you can buy into but not ahead of the system. Applications would be handled first in, first served. Every parcel would have a minimum score already preassigned by the city.
Gail Kenson provided an example subdivision using BPAS. She talked about how ROGO is not a level playing field. Applicants can jump ahead. ROGO has no consistency.
Mayor Bartus asked John Herin about the legal ramifications of BPAS. Jeff Pinkus asked how to marry the old and the new system? The answers were basically whatever the council directs staff to do.
Josh Mothner, President of Greater Marathon Chamber of Commerce, suggested that the city change affordable allocations to a greater percentage versus market rate allocations. He also encouraged Transfer of Building Right [TBR], coming up on the agenda.
Rick Servais, Dockside owner, said that ROGO already starts out with a score, but the score can be increased with additional actions. He recommended that the city don't do more than the state requires.
Bill Daniels discussed that there was no extra points for working class to get ahead, and 70% of the allocations should go to the working class. Then Gail Kenson recommended a pool of allocations for owner-occupied projects.
City Council directed City Manager Mike Puto to task staff to explore BPAS further. Council members wanted a mock set of Land Development Regulations [LDRs] to compared revised ROGO to BPAS.
Gail Kenson outlined Transfer of Build Right concept. She talked about the need for receiver site criteria and sending site criteria, limitations, and retention of existing de facto affordable housing. Procedures would need to be developed as well.
As an example, the transfer of a market rate building right somewhere else would leave an affordable housing unit. The reverse is true as well, the transfer of an affordable housing building right somewhere else, leaving a market rate, if allocations are available, of course.
Council refined their earlier direction to see ROGO versus BPAS and TBR. They wanted staff to come back in 4 to 6 weeks with a mock set of TBR LDRs as well.
OPINION: While ROGO sucks, what might replace ROGO needs to be carefully crafted and considered. Otherwise, the cure would be worse than the original ROGO. TBR is a nice concept, provided unintended consequence don't come back to bite the city. One item discussed would take legislative actions. That would be to protect and preserve affordable housing by preventing insurance and tax increases from transitioning affordable to unaffordable. This could be a tax exemption for affordable workforce housing. Whatever happens next will only take time the city really doesn't have, but what else can be done?
Marathon's Near Shore Waters Committee met at the Public Library August 4th.
In a projects update, the additional dinghy dockage at the city marina has all permits and engineering design done. There is a contract for pilings. Marathon Seawall and Docks is obtaining bonding, and the project will take a bit longer because of that. The floating dock part of the project is being rebid. No acceptable bids initially came in. The 33rd Street boat ramp has a bid out to improve it. The project includes making the ramp steeper, repaving the parking lot, and general cleanup. The final draft of the Marina Siting Plan will be submitted at the next Planning Commission meeting. After that, the plan goes to city council.
City staffer, Richard Tanner, outlined a proposed rate increase at the marina, which includes a mooring buoy increase of $150 per month to $165. The weekly rate would go up to $60 from the current $50. The daily rate would increase to $15 from $10. Most other rates are setup for peak and off-season rates. The rate increases are predominantly 10% to 15%.
The proposed rate increases are needed to narrow the city's subsidy of the marina operating expenses budget. The subsidy is likely to be $167,000 this budget year, which is a decrease from last year's subsidy.
The new 167 mooring buoy field will generate more income next year. That should bring the marina closer to making a profit, if the infrastructure to service the new mooring buoy field doesn't need addressed.
The proposed rate increases were approved to send to city council by a 3 to 0 vote, with one abstention.
Other items considered were as follows: - Decided to charge a bit less for marina motorcycle and scooter
parker - Proposal to more adequately mark the shallow spots in Sister Creek
- Reconsider Fishermen's Point dredging some time in September
- Proposal to tighten requirements for hurricane preparedness for
those on city mooring buoys
Marathon City Council met at the Government Center August 9th. The first item of business was the presentations, resulting from the City versus the Sheriff's Office softball game held yesterday. The City won once, and the Sheriff's Office won once. The third game went to the City. Captain Peryam presented Mayor Bartus with the trophy.
Randy Mearns reported that a local major sponsor had been found for the boat races. The Community Park Amphitheatre will be used for some events.
Planning Director Gail Kenson reported that the Comprehensive Plan is effective July 7, 2005.
Project Manager Susie Thomas reported on the status of Sombrero Beach re-nourishment. Funding is available because of Hurricane Dennis. Canals nearby got the sand the Sombrero Beach lost. Bill Daniels led a procession of Treasure Road residents, asking for assistance in removing sand that is there now and finding a permanent solution on keeping the sand on the beach.
City Manager Mike Puto reported the Hurricane Dennis cleanup is nearing completion. He warned that next time that construction debris and old appliances are not hurricane damage related.
Larue group reported their findings on selected departments in the city. The presentation covered the Ports Department, Planning Department, Building Department, and the Engineering/Public Works/Parks and Recreation Department. The city staff received nothing but praise for their efforts. Human Resources Department was reassigned. The need for more employees was addressed. The need for more space was identified.
Frank Greenman spoke about how Governor Jeb Bush and cabinet representatives were put out with Monroe County and the FKAA not cooperating. He was encouraging Marathon to cooperate with the Florida Keys Aqueduct Authority [FKAA] so as to not lose funding.
The current code compliance procedure of not allowing anonymous complaints was retained, after some discussion. Several people came up to speak for and against allowing anonymous complaints.
A proposed Interlocal Agreement with FKAA and the City of Marathon was approved. The wastewater ownership issue was addressed by stating that Marathon would own and operate any wastewater systems. The FKAA and the city would work together to get shovels in the ground by May 31st of next year. The agreement goes to the FKAA Board at its next meeting.
The variance to minimum setback requirements for the Howard Glass property and the decks was denied. Howard Glass made his pleas, but to no avail. Jeff Pinkus recommended that the Planning Commission be convened one hour before the next regularly scheduled council meeting to get a lecture from the city attorney. The talk would address, approving items that are against city code. - Affordable Housing Study and Mitigation Program study was approved.
- The city adopted The Multi-Jurisdictional Local Mitigation Strategy
Plan by a 5-0 vote. - The storm water rate per Equivalent Residential Unit was set at $60.
- The city will advertise for positions on the newly created Land
Acquisition Advisory Committee, which will identify and prioritize land purchases for affordable housing and environmentally sensitive lots. - A chili/chowder championship will be held on the events field
October 22nd, which is a week before Fantasy Fest. This is a fundraiser for scholarships for education. Details will be worked out with the City Manager Mike Puto.
The Marathon Code Board met August 10th in the Sheriff's training room at the Aviation Hangar. Several cases were heard and findings rendered.
Code Supervisor Michael Storm presented the first case on three barges supposedly serving as unpermitted docks. These docks are located very near Guy Wolfenbarger's property. Further violations cited were removal of dangerous or hazardous vessels, illegal floating structures, and unpermitted docks.
Frank Greenman, Guy Wolfenbarger's attorney, presented his case. After considering all the testimony and evidence, the board found Guy Wolfenbarger not guilty on all violations.
In the second case, Michael storm presented Fred Roth's house with the following violations: Unsafe building, lack of permits, no Residential ROGO for the units, improper uses, over dense, and a flood hazard.
Fred Roth Sr. and Jr. were present with their lawyer, Frank Greenman, as they refuted the violations. The Code Board, after a protracted discussion of all participants, found the Roths not guilty on all violations.
The Harold J. Rogers Trustee properties were cited for numerous violations. The board found that some violations came into compliance; others were not. More time was given to the property manager to remove trash on one lot. Abandoned vehicles on another nearby lot were to be removed. Another case against the company was withdrawn due to the property coming into compliance.
OPINION: Although the job of the Code Board is not glamorous and at times painful, it is a very necessary task. The four volunteers sitting on the board are to be commended for providing this municipal service. The long hours and dealing with the public can be telling, but the board keeps their good humor. Staff provide the board with all the necessary support to make the Code Board a successful and functional entity. The Marathon Parks and Recreation Committee met August 11th at the public library meeting room to get updates on projects and consider the proposed aquatic center.
Parks and Recreation Supervisor "Wild Jimmy" Schmidt gave detailed updates on the progress of the Events Field and Community Park phase II. The Events Field is complete, while phase II of the Community Park is on schedule.
Coco Plum Beach issues were considered.
The public hearings on grants for Marathon Community Park Upgrades and Oceanfront Park Facilities were conducted.
By far, the bulk of the meeting was on the proposed aquatic center.
Recreational Design and Construction Inc presented several options. Their presentation was tailored to reducing the annual operating expenses, while providing a high-quality, long-term center. Less employees and low maintenance costs were the highlights of the presentation. Drawings and pamphlets showcased their proposals.
The aquatic center is designed with a controlled entrance. Handicapped parking would be right up front by the entrance.
Other features of the center would be the limited liability due to construction design. The pool would have two water slides, a separate splash pool, spacious bathrooms including changing areas, maintenance yard, office and other space for storage and concession activity, three funbrellas [yes, funbrellas!] that are 20 feet in diameter, competition pool that will have enough area to continue the public pool activity, security and safety systems, outdoor showers, and other necessary items.
The design allows for fewer employees to safely operate and maintain the center. The estimated annual operating costs would be kept low and offset by more than 50% from user fees and concessions. Other interesting features that reduce costs in the long term is building a Myrtha Pool and using a geothermal heating and cooling system.
The Myrtha Pool is made of stainless steel panels laminated with a hard PVC coating. These pools reduce operating costs and last a very long time compared to other types of pools.
Heating in winter and cooling in summer through the use of a geothermal system further reduces the annual operating costs and maintenance.
Staff recommends the 50-meter Myrtha-type pool with the geothermal system. This allows the greatest flexibility of use with the greatest reduction of annual operating costs. The committee approved recommending this to the next City Council meeting [August 23rd] by a 4 - 0 vote.
OPINION: The loudest but smallest segment is the pool naysayers. Clearly, though, most citizens want an aquatic center. The naysayers main point is the annual operating costs, which has been reduced. Less employees and reduced operating costs make this proposed aquatic center ideal for all ages of residents and tourists alike. It would be another fine attraction that would serve the best interests of the City of Marathon. Let's do it. --------- Photos are at http://MarathonJournal.US/press/index.htm I have the committee agenda and minutes, the RFP memo from Recreational Design and Construction out of Fort Lauderdale, a pamphlet on the advantages of Myrtha Pools, and the pool drawings. Lastly, I have the memo from Susie Thomas explaining to the City Manager the loss of almost a million dollars of grant money, if the city doesn't build the pool.
Marjie Means was present and participated in the pool discussions.
During the Larue efficiency study portion on Parks and Recreation Department, the presenter at the last council meeting couldn't remember Jimmy's last name. He did refer to him as that wild guy running all over town getting things done. Therefore, we have "Wild Jimmy." Designated special master Tom Wright conducted a beneficial use hearing, concerning the McCole property located in the Waloriss subdivision near Sombrero Beach Road.
Attorney Mr. Tobin and land-use consultant Sandra Walters represented the applicants, Mr. and Mrs. McCole. City attorney, Mr. Morales, and city biologist, Wendy Dyer, represented the City of Marathon. Planning Director Gail Kenson was also in attendance.
Tom Wright heard evidence and testimony from both sides.
The applicants maintain that prior to 1986 the lot in question was buildable and now is not buildable due to regulatory restrictions changing.
The lot started out 25 years ago as disturbed salt marsh buttonwood and due to time and surrounding construction likely became a red-flag wetland.
The city asserts that nothing in the regulations then and now prevented the McColes from applying for a building permit. There was no record of any activity on the property from that time until now.
The city wants the applicant's request for relief in the form of a building permit denied. The applicant is requesting relief by being granted a building permit. Tom Wright will render a decision in about a week. Either side could appeal. Marathon Planning Commission met at the Sheriff's Aviation Hangar second floor training room on August 15th. The room filled to standing room only to hear a long agenda that was not completed at the end of the night.
Planning Director Gail Kenson gave an update on where the City Council was going on affordable housing policy.
While giving her presentation, many in the back couldn't hear those talking at the front. Chairman Bill Smith took time yet again to lambaste City Council on not funding televising commission hearings. He asked those present to complain to council members about this perceived lack.
Then Gail Kenson announced the City Council scheduling a special call meeting of the Planning Commission at 5:30 PM on August 23rd at the government center, an hour before the scheduled council meeting. The purpose of this meeting is to instruct commissioners on their job to uphold the law and city code.
Evaluations and rankings of the next set of ROGO and NROGO allocations were sent to City Council. The Planning Commission recommended approval.
The commission considered the Bauer appeal of the granted long dock variance at 71 Avenue C at Coco Plum. Junior Geiger was the original applicant, but the successors are Harry Skove and Tom Allen. Staff recommended denying the appeal based on the regulations, governing appeals.
Mrs. Bauer presented her objections. She passed out color photos of Coco Plum Beach area's pristine beauty. She requested denial of the long dock variance to preserve the beauty of the area. She said, "There are very few mile-long, white, sandy beaches."
Scott Black, representing the new owners, said that the 230-foot dock met all the regulatory requirements. He asked that the Bauer appeal be denied.
The commission voted to deny the appeal 5 - 0.
The Coconut Cay Resort Development Agreement and Major Conditional Use application was discussed. Currently, a hotel with 25 units and 12 liveaboards exist. The proposed project would redevelop into a 22-unit hotel and 12 liveaboards. The new dockage would be submitted separately.
The city wants 4 affordable units built or cash in lieu, a wastewater system meeting 2010 standards, a storm water management system, and FEMA requirements met. Further, some agency like the Middle Keys Community Land Trust must income qualify applicants for the affordable units built. There can't be any direct outfalls into the Florida Bay Dodge Lake.
Mr. Fellows, Mrs. Phillips, Ted Wyland, and John Wyland wanted noise and other problems addressed. Some of them were concerned about the effect of the upcoming new dock project.
The Coconut Cay Resort Major Conditional Use application was recommended for approval. Staff wanted a parking lot planting area provided, a drainage plan to address storm water runoff, a 20-foot wide driveway to meet compaction requirements, fire hydrants, a sprinkler system, fire alarm system, and life safety requirements.
The applicant's agent, David De Haas, said that owner Jim Rhyne had tried hard to mitigate neighbor concerns through different design adaptations. This seemed to satisfy the neighbors to a certain extent. It was clear that the developer and the neighbors have been talking and listening to each other.
A Minor Conditional Use for a Century 21 office was approved. An increase of square footage from 2140 square feet to 5800 was based on providing a fire hydrant, a sprinkler system, and obtaining a NROGO allocation. David Lunsford was the owner's agent.
The Hammocks Resort Major Condition Use granted nearly a year ago was extended for another year. A change in marketing strategy required more time for the applicant. Barbara Mitchell is the agent.
James and Bettye Chaplin requested that the proposed restaurant on West Kyle Way zoning of Improved Subdivision - Duplex be changed to Mixed Use [MU]. The Future Land Use Map [FLUM] under the March 2005 Comprehensive Plan, effective July 2005, showed the property designated MU.
James Chaplin reported that they had tried hard to address all the neighbors concerns. One neighbor speaking for himself objected, but Frank Greenman spoke in favor, commending the Chaplin's efforts to work with community.
Commissioner Tracy Holder, who had previously recused himself from this item because he would benefit from a favorable decision, came forward and spoke in support of the project. City Attorney John Herin then reminded Commissioner Holder to fill out the appropriate paperwork at City Hall.
The commission recommended approval and sent the zoning change request to council.
The owners of the Point John Lake property on 104th Street requested a change of zoning from Suburban Residential to Urban Residential Mobile Home. The lot is currently vacant and vegetative. Barbara Mitchell is the owner's agent. She agreed to not include a small piece of property currently in dispute as to ownership. Frank Greenman represents the other party in that dispute. The commission recommended approval and sent the zoning change request to council.
Ronald Konrath, President of Marathon Garbage Service [MGS], requested lot 5 on 43rd Street have its FLUM designation changed from Residential Medium to Mixed Use Commercial. Staff recommends denial based on the lack of prior commercial use documentation.
Commissioner Tracy Holder asked City Attorney John Herin if a precedent wasn't set in allowing such changes due to a prior approval of the Chaplin zoning change. John Herin said that each case is decided separately on its own merit according to the law. Tracy Holder disagreed with the attorney's legal opinion.
Frank Greenman was the owner's agent and maintained that the lot was historically used for the storage of MGS equipment.
City Attorney John Herin in answering another commission question intimated that since the city has no franchise agreement with MGS, there was little they could do with complaints about MGS operations.
Frank Smith, who owns an adjacent storage company bordering 42nd Street and near 43rd Street, led a procession of neighbors opposing the FLUM designation change. Randy Road, Russ Banyan, and others supported Smith's position.
Commissioner Cinque moved to deny the request, seconded by Don Vassel. After an extended discussion, that motion failed 2 - 3. Subsequently, a motion to approve the request passed 3 - 2 with Cinque and Vassel voting no. They maintained that approving such a request went against the City Council's intentional FLUM designation almost two years ago.
As the hour was getting late, the rest of the agenda was continued to the August 17th meeting.
OPINION: I wonder if Tracy Holder recusing himself and then speaking in favor of the Chaplin project wouldn't be at least inappropriate if not a conflict of interest? I also wonder why Commissioner Holder would ask for John Herin's legal opinion about possibly setting a precedent in favoring a zoning change in one case and not doing so in another case and then disagree with his own lawyer's opinion? Who is the commissioner and who is the city attorney? The Planning Commission seems to be failing the city on several fronts. What is going on here? I also sensed the Cinque and Vassel might be positioning themselves for a possible municipal elections run later in the year. Marathon City Council held a budget workshop at the Sheriff's Aviation hanger second floor training room August 16th. Vice Mayor Chris Bull ran the meeting.
The first public budget hearing will be September 6th, and the second hearing will be September 13th.
City Manager Mike Puto along with Finance Director Peter Rosasco presented the draft, proposed fiscal year 2005/2006-city budget. The millage rate proposed would be 2.150, which is a 12.08% increase over rollback rate. Rollback rate would be the rate needed to raise the same amount of taxes as last year.
Three new staff positions are proposed. A 3.287 million dollar surplus is projected for this proposed draft budget. This would satisfy the need for a 3-month operating reserve.
Each department was reviewed, and council members interacted with staff.
Salaries were proposed to increase by 6%, and that includes 3% COLA and 3% raises based on annual evaluations.
As with everyone in the Keys, the city's insurance costs went up significantly.
Contracted police services went up $59,000 by itself.
The city marina subsidy is the lowest that it has been in years at $162,000. The proposed draft budget was designed to show only marina enterprise income and expenses. Other departmental income and expenses were listed separately.
Other minor budgetary items were discussed. The proposed draft budget will be tweaked and presented to City Council at a September 6th meeting.
OPINION: This is clearly a tax increase, but less than the land value increase by over half. The city has tried to balance providing high quality services with keeping the tax burden reasonable. The city controls only a small part of the overall tax bill. Other agencies set millage rates that affect a citizen's taxes. For every dollar increase in the tax rate, that is another nail in the coffin of affordable and workforce housing. The city budget process is an exercise in futility no matter how it turns out. The Marathon Planning Commission met again August 17th at the Sheriff's Aviation Hangar second floor training room. This August 17th Planning Commission meeting was a continuation from the August 15th meeting.
Several Comprehensive Plan amendments were considered. The first one was the inclusion of the Marina Siting Plan into the Comprehensive Plan.
The Four Gates Company hired by the City of Marathon presented the plan to the commission. To avoid a Development of Regional Impact for the city's mooring field, a 2002 Florida law allows for a process that is more comprehensive but actually easier and cheaper. The Marina Siting Plan is an organized approach to marina development and redevelopment.
After a few questions and some discussion, the commission voted to recommend approval to the council on the plan itself and the attending ordinance.
The next Comprehensive Plan amendment was the Capital Improvement Program Table 6-1. This is a table of the major capital projects upcoming throughout the city in priority order, as determined by staff and with some council direction. The commission recommended approval to the council 5 - 0.
The last amendment was on the Annual Residential Allocation Rate, Coordination of Annual Allocation Rate, and Affordable Housing Allocations. This essentially puts the state approved "Marathon Rule" into the plan. This also was sent to the council with a recommendation of approval.
Then City Attorney John Herin took the time to explain that the commission must consider its advice to the council based on the Comprehensive Plan, city code, and the Land Development Regulations. Any other considerations must be measured against those standards. This was a discussion that city council wanted due to the Howard Glass case. The council denied a variance for an unauthorized deck, in spite of a recommendation for approval from the commission.
The meeting adjourned at 7:44 PM. The Marathon City Council held their meeting at the government center on August 23rd.
City Manager's report started off with Hurricane Dennis debris update. All paperwork is complete and hopefully FEMA monies will be forthcoming. The Tourist Development Council has three positions available for tourist, lodging, and a member at large. Two current members might apply again. The staff will work on the Florida Keys Aqueduct Authority interlocal agreement for future presentation to the council. Rural Health Network requested a waiver of a permit fee. Council waived those fees. The interlocal agreement on gas tax revenues needed additional pages added. Council wanted to act on it now to get a lump-sum amount as soon as possible. The Boot Key Bridge million dollars agreement was modified so that money could be used on street projects instead. Monroe County wants the city's okay for the Middle Keys Community Land Trust's possible 23rd Street property acquisition. The Affordable Housing Committee tasking was confirmed to help staff form Land Development Regulations.
Chairman Tom Wright presented Parks & Recreation Committee report. Coco Plum Beach future direction has been an ongoing committee discussion. Phase II Community Park is on track. There seems to be a lot of support for a dog park, but where could it be located? Specific recommendations on the city pool will be coming up later in the meeting.
Keith Teal, co-owner of lot 28 of Little Venice property, complained about a suit brought by another owner nearby. Michael Angel, who owned lot 33, sought ownership of the end of street. Judge Mark Jones provided a summary judgment, allowing Angel to that ownership. Keith Teal tasked council with preventing such things in the future. Teal was directed to submit his concerns and requests to the City Manager in writing.
Vince Coscone proposed trying to address workforce affordable housing partnerships by big employers in town like Home Depot. The council seemed interested in pursuing this option.
Harry Wattman at Key RV Park request that his tie-down strapping for his mobile home be waived. He was directed to see the City Manager.
Ryan Hill promoted his new airline service at the Marathon Airport, now called the Florida Keys Airport.
Resolution 2005-079 would authorize the City Manager to negotiate the design and construction of a city pool with the Recreational Design and Construction [RDC] contractor. Susie Thomas and Tom Wright spoke about the high cost of construction being offset by grants, while the annual operating costs could be offset by about 50% from memberships and concessions among other ways. The RDC Contractor made a presentation.
Hans Stiglitz and Glenn Robinson wanted the public to vote on a pool.
There was a long discussion by council members. Jeff Pinkus was concerned with only one bid being offered. The other council members had concerns but thought proceeding with negotiations would help make future decisions. The money seems to be in place for construction, provided private funding could be incorporated. Operating costs could be reduced to a minimum from user fees and concession activities. Chris Bull moved approval with Marjie Mearns providing a second. Pinkus voted no in the 4 - 1 vote.
Ordinance 2005-15 Marina Siting Plan Comprehensive Plan amendment was presented by Gail Kenson, after resolution 2005-112 Marina Siting Plan itself was approved. After further discussion, the Comprehensive Plan amendment was approved as well.
Ordinance 2005-16 amends the City's Comprehensive Plan Policy 1-3.5.1 "Annual Residential Allocation Rate" and Creating New Policies "Coordination of Annual Allocation Rate", "Affordable Housing Allocations". The Comprehensive Plan amendment incorporates the new rule and is a housekeeping amendment. It was approved 5 - 0.
Ordinance 2005-17 amends the City's Comprehensive Plan Table 6-1 "Capital Improvement Program". This is a five-year capital improvement program. It was approved 5 - 0.
Ordinance 2005-18 amends the Future Land Use Map (FLUM) from Residential Medium (RM) to Mixed Use Commercial (MUC) for property located on 43rd Street owned by Marathon Garbage Service [MGS]. Existing use is vacant residential; proposed use is equipment storage. Staff found the property not in continuous use commercially. There was no record of appeal, asserting that there were any data errors. Staff recommends denial. The Planning Commission recommended approval 3 - 2. Frank Greenman represented Ronald Konrath, owner of MGS. Olaf Finney, Joseph Deconda, Randy Road, and Frank Smith all refuted the assertions as presented by the applicant. This item was continued to pursue answers to several council member questions.
Ordinance 2005-19 amends the Land Use District (Zoning) Map from Suburban Residential (SR) to Urban Residential Mobile Home (URM) at Point Johns Lake II on 105th Street. It was approved 5 - 0.
Development Agreement for Coconut Cay Resort with the City of Marathon was presented. An amendment to a Major Conditional Use pursuant to Section 9.5-69 of the City of Marathon Land Development Regulations (Code) entitled "Major Conditional Uses" for the redevelopment of a 25 unit resort know as Coconut Cay, located at 7200 Aviation Boulevard was considered as well. Norman Phillips, Betty Phillips, and Terri Walters contend there are some negative impacts like noise, lights, and privacy. Both were approved 5 - 0.
Resolution 2005-109, the Market Rate Residential Dwelling Unit Allocation for Period 1, Year 14 and Affordable Housing Residential Dwelling Unit Allocation for Period 1, Year 14 were approved 4 - 0 - 1, Jeff Pinkus abstained.
Resolution 2005-110, the Rankings of the Non-Residential Permit Allocation System (NROGO) for Period 2, Year 1 was approved 5 - 0.
Mary Beldon and Betsy Labonte both attested to the fact that Boot Key Harbor has improved.
After the long meeting that went past 11 PM, everyone was relieved that the meeting was adjourned. A couple of items were continued to the next council meeting.
OPINION: The Miller objection to the Land Trust in some aspects was unfounded and unfair. I was at those meetings. Morgan Hill recused herself from the 23rd Street acquisition proposal. The request of Land Authority money should have gone to the city first, but this has to be an inadvertent oversight. This property would preserve 14 affordable rental units and provide 2 units of home ownership.
The proposed aquatic center is a no brainer. The pool would attract people, teach children, bring in high school and college kids, provide jobs, attract tourists, provide exercise potential to elderly residents, and improve Marathon's local economy. Concessions and membership fees will offset the operating costs. Private concerns could provide funding as well. This project would be good for Marathon and should be started soon. The Joint Marathon Library Construction Project team met at the Sheriff's Aviation Hangar training room on August 24th. Leading the Monroe County side was Commissioner David Rice, while Vice Mayor Chris Bull represented the City of Marathon. Councilman Bob Miller and City Project Manager Susie Thomas also attended the meeting.
The county and the city have been meeting to consider the details in building a library to be included with a city hall. The city is pressed for time, as they are spilling over into doublewides.
Susie Thomas was presented with a needs-assessment document for the library, which allows design options to be produced for the next meeting. The next meeting is scheduled for 1:30 PM September 8th, most likely at the Sheriff's Aviation Hangar training room on the second floor.
Grants were discussed to defray building costs, but all agreed that the project should proceed with grant reimbursement to follow if possible.
The possibility of locating an emergency operations center, the library meeting room, and council chambers in one multipurpose meeting room was discussed.
Making the facility as green as possible was considered as well.
Public input was taken and could be summed up by John Dick saying, "The heart of any community is the parks, schools, and the library."
The next meeting agenda will include architect presentations, a draft interlocal agreement, and a green building presentation. There is still a lot of work to do, along with the commission and the council deliberations. The Overseas Village Home Owners Association held their second annual community block party right in the middle of the village. Two members of the Middle Keys Community Land Trust, Rick Casey and Larry Shaffer, joined the community in this celebration of their neighborhood.
While children played and their voices blended in with the adults, President Derrick Johnson and Vice President Gina Hipson talked with their neighbors and enjoyed a humid, stormy August evening.
A table full of every kind of good, food from potato salad to key lime pie, was laid out. A grille wafted a fragrance of hamburgers and hot dogs. This village contains a growing close-knit community.
The Singh Company in conjunction with Monroe County, the City of Marathon, and the Middle Keys Community Land Trust refurbished 9 existing units and built 4 new units. People from the valuable workforce bought the units. 14 families can now call Marathon their home without fear from private developer.
This workforce housing community will stay affordable forever. Yet the most valuable and successful part of this venture is the establishment of a true neighborhood of friends and family. The kind we all fondly remember on summer nights full of the wistful voices of children at play. What's Happening! Hurricane Katrina hit south Florida very hard with just being a category one hurricane. After coming down from being a category five hurricane to a category four, Katrina devastated the Gulf Coast.
Miscellany: A City of Marathon Proclamation to the officers and crews of the USS Marathon PG-89 was delivered to all the veteran organization in the city. The county VA office on 63rd Street framed and hung the proclamation along with the Marathon Free Press column on their wall. Finally: Did you know that Massachusetts's state bird is the Black-capped Chickadee? The flower is the Mayflower. The tree is the American Elm. The capital is Boston. Statehood was granted February 6, 1788. 
Kitty Talk These journals are dedicated to Kitty GreyCat's spirit. She is at RainBow Bridge now along with her human friends, Leo and Doris. We all loved you, Kitty! Click the cat graphic to visit her Memorial page. Kitty born June 6, 1982. Died July 9, 1997. Please use our email form linked below to make suggestions or offer praise. Now, really, the cats have thoughts and meows that are badly interpreted by a human for publication here. So believe what you will, but enjoy nonetheless. All complaints, flames, and such like will end up in the litter box! >^..^< Ebony: I like to explain a big thing that happen to us. A very tiny scorpion was running loose. The girl human bean was on a chair screaming. I was trying to catch the little thing, but the girl bean keep telling me to stay away from it. She telling me it bite me and make me sick. What do human beans nose about bites, I meow. And then on top of all that, them Ohio human beans what visited and never leave got a dang old dog. I not like that at all, I don't! >^..^< Abby: I got better business to do. I aggravate our human bean by sleeping on all of his papers. I sleep on his bed. Ebony sleeps on the girl bean's bed. I sleep on the office chair, Ebony too. And while Ebony meows to human beans what sitting on toilets, I can't figure out why there is a pug mix dog in the house. I never gave any permission for something like that! >^..^< Ebony: Yes, I can't figure out what got into human beans to get a dog. I didn't like when bean get you! I see you sitting in the living room window looking out at the wide world, and wonder where you come from! Then on top of you and that dumb dog, our human bean put flea stuff on us again. I hate flea stuff. >^..^< Abby: Now that is something I agree with bad dog and dumb flea stuff. And, Ebony, you stop being so high and mighty. You broke the cat door. You escape on the beans outside so many times, it not nice to meow about anymore. At least I am a good cat sleeping on the file cabinet, the top of the warm computer, the desk, and next to that strange infrared, wireless mouse. It not look like a mouse, and human bean don't want any pawing on it. I meow that if the human beans stop bringing a dog into our domain, I might purr more and be nicer. >^..^< Ebony: I feel so nervous about that stupid dog, I was chewing on the empty catnip bag. Human bean had to give me a spine massage to calm me. Then human bean had to ruin it by giving Abby a spine massage too. I just prefer to go onto the porch to get away from that dog and that udder cat. I am exhausted from hissing my displeasure. Why did the human beans bring in a dog? I just can't understand them human beans at all. >^..^< Abby: Meow, I chase paper wads to unwind. Then I help human bean to make the bed and unmake the bed. It was so much fun that I was chasing imaginary things under the sheets. For a little while, I forgot all about that idiotic dog. At least I wasn't bending blinds on the windows trying to get outside like Ebony. She's bad. >^..^< Ebony: I hissed at the swimming pool too. It full of water! I don't like Abby, Sophie the dog, and swimming pool water. Yes, I was totally amazed that the dog got a name. More amazing is how human bean get wet on purpose. I was so exasperated that I swiped at Abby and sliced a nick out of her ear. I'm not sorry I done it either! >^..^< Abby: Ebony, I seed you staring at a big tree outside, hoping for lizards and such. I am more concerned about what we are going to do with this little dog. It is awful to have a dog with us. When we all go outside, now the dog goes with us. I don't want any dog with me outside. >^..^< Ebony: Luckily, our human bean been watching you closely, Abby. You was carrying around a swimmer's nose plug. You just as stupid as that dumb dog. Why do you like rubber bands and bad stuff like that? >^..^< Abby: You and I are just different. I'm a lap cat, and nobody wants to touch you or your dog friend either. >^..^< Ebony: I nose you gone nutty now. I even laugh when human bean put that pet life vest on you. You just fell over. You didn't know how to walk anymore. I want to know why the dog needs a life vest anyway? >^..^< Abby: What gets me is how you couldn't walk in that life vest too. I think that you are a secret dog lover myself. I am going to give myself a bath, butt heads with the bean, and knead him with all the love I got. I am tired of you and your doggie too! >^..^<
 Internet Stuff Here are the latest DVD films from http://www.NetFlix.com: Diary of a Mad Black Woman is an unexpected treat, funny, real, and about real human characters caught in the cause of life. It is about family and an understated love story. Mr. 3000 was an engaging, funny movie about a baseball play that is in it for himself. Later, he comes back after nine years of retirement to learn what baseball is really about. Bernie Mac did a good job of acting, both funny and dramatic. Hitch is a romantic comedy about a date doctor to help me get the women that they love. The problem is when Hitch himself falls in love. Things don’t quite go the way that he thinks they should. This is a great film, funny and endearing. The characters are real and believable. Harold and Kumar Go to White Castle was a little bit whacky, a whole lot of weird, and just plain funny. We followed two friends through a trek through suburbia in search of White Castle hamburgers. Notting Hill is a film that is very well done, full of romance and natural good humor. We liked the movie a lot. Why aren’t there more like this one? Are We There Yet? is a cute movie without being obnoxious. The clean-cut humor works. Two kids and a man with a brand new SUV take a trip and in the end connect. Alexander is a film grand in scope and follows Alexander the Great. While not history, the movie was tolerable as a depiction of one of the great conquerors of our world. The Jacket follows a supposedly criminally insane person through some very experimental treatment. The treatment allows him to see into the future to learn about his past. Along the way, he finds the peace he didn’t have in life and manages to help shape the future of some whom he met in his past and future. In the end, he couldn’t escape his fate regardless. Constantine is a convoluted story of good and evil and the balance between the two. God and Satan are passive characters in this portrayal of heaven and hell. Red Green: Stuffed and Mounted 5 showcased some more of that odd but rare Canadian humor with some bits of duct tape and a lot of daring laughs. The Machinist is a complicated movie about a man who hasn’t slept in a year and has lost considerable weight. He seems to haunt himself in his delirious state, until he realizes what had has done. Then with a clarity that he receives at the end, he knows what to do. In Be Cool John Travolta reprises his Chili Palmer role. The movie is sassy, slick, comedic, and just plain entertaining. The film is full of characters real and unreal. : Bride and Prejudice is a musical love story with overtones from the USA, Britain, and India. I wanted to like the movie. It was visually pleasant with a love story, but boring. Luckawanna Blues is an amazing movie about a woman and the people she helps, especially this child that she raises as her own. The film is warm, funny, and full of life. Interesting websites we visited recently: While trying to find a quality, inexpensive fitness center, we came across Keys Fitness Center at mile-marker 51, US 1, in the middle of Marathon. They have a website at http://www.keysfitnesscenter.com. Private daydreams lead to incredible adventures through chance meeting with angelic forces at http://www2.xlibris.com/bookstore/bookdisplay.asp?bookid=27260. The Owl reports, "On your site, you have posted a particular picture of a female warrior with a double-headed dragon in the background. You were trying to find the tattoo website from which it came. Unfortunately, with extensive searching, I could not find it. http://www.officedepot.com/Advantage/ details a new Office Depot program, garnering savings with every purchase. Will it really save you money? Well, let's see. Something amazing can be found at http://www.fullnet.net/devotionals/therock.html. 
Poetry Corner "A Child Sighs" February 21, 2000
Lonely star shines A child sighs Come upon the wind A breeze to dry the tears
Once when we were young We lived and laughed Stars stood by and sang Melancholy times so dear
Play upon the mind Images once in kind Moon shines dearly And a child sighs
Transformation so near Lonely skies starry tears Blues play slowly As in whispery winds
Standing on a hill Wanting to fly one last time Remembering all the times past The child sighs with wind
Starry skies on the moonlit night Silence upon the gentle lake The owl flutters feathers And a lonely star sparkles
One last magical moment All that is left of childhood Takes flight fleet spirit And a child sighs . . . © 2005 L. E. Shaffer 
Guest Articles Stuff not written by us. As always everything is copyright of the author.
Group Novel As an experiment for fun, we are writing a group novel at the world famous and so very special Area 52B forum. © 2005 L. E. Shaffer, Kim Young, Linda Hall 
Hockey Puck The NHL is gearing up for a new season, starting October 5th. Although I was very upset about the loss season, I am now looking forward to the season start. Lincoln Financial Battle at the Bridges is being played with Woods/Daly versus Goosen/Michelson. The only reason that I like this match play is watching Tiger Woods. Tiger and Daly lost by the way. Tiger Woods finished second in the Buick Open, coming close to beating Vijay Singh. Tony Stewart won race number two at the NASCAR NEXTEL Cup Watkins Glen race with Dale Jr. 10th and Jeff 14th. Tiger didn’t do so well at the PGA Championship early in the fourth round. Tiger came back and finished tied for third in the PGA Championship. He has had a very good year in the four majors, winning two and finishing second and third in the others. Tiger leads the NEC Invitational, while Little League World Series is on television. Tiger wins his fourth NEC Invitational. I watched the Little League World Series. Hawaii in extra innings beats the defending world champions Curacao 7 – 6. Television announcers said that this was the best game ever played in Little League. Jeff Gordon raced himself into 10th in points at NASCAR Bristol Saturday. 
Twins of the Dark Star Book One Tears from Ao and four poetry collections, Pages of Life, Visions of Life, Moments of Life, and The Book of Kalian Mysticism are available electronically at http://RunesofAo.com/aobp/. The Runes of Ao project, Book Two The Mountains of Ao novel is currently in final edit. Book Three Twins of the Dark Star novel in early stages and Falling Star poetry collection are works in progress. A collaboration with K. Young on a novella called Dragon Embers is now published on the fan site known as Runes of Ao.com. Finally, in collaboration with K. Young and Linda Hall, a group novel project is in progress and currently titled Starsongs. 
The Dull Stuff All opinions expressed do not necessarily reflect those of this magazine, company, or its advertisers. Inputs, email, suggestions, and letters to this journal are subject to approval by Ebony and Abby. Submittals may be edited for content and length and become the creative property for the one-time nonexclusive publication of: Shaffer Novels/Poetry Company Merchant Occupational License #48210-0076151 PO Box 501833 Marathon FL 33050-1833 (305) 743-9648 voice/fax Internet URLs: www.RunesofAo.com www.RunesofAo.com/roa/ www.RunesofAo.com/aobp/ www.RunesofAo.com/ebony/ www.RunesofAo.com/abby/ www.RunesofAo.com/LarryShaffer/ Publication date: August 28, 2005 Author: L. E. Shaffer Company: Shaffer Novels/Poetry Company & Shaffer Internet Publishing Company © 1995 - 2008, 2009 L. E. SHAFFER ALL RIGHTS RESERVED WORLDWIDE PRINTED IN THE UNITED STATES OF AMERICA FIRST PRINTING; ELECTRONIC & PRINT MEDIA 


[Previous Journal] [Journal Index] [Next Journal] 
|