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The Taking of Big Pine & No Name by Breaking the Rules
Monroe County has continuously broken many rules in the Taking of Big Pine. This has happened, because property owners mostly aren't informed or it simply doesn’t affect their life’s until they need to get a building permit. Page last updated ~ 06/23/2008 12:04:52 PM 6/23/08 For several weeks now I've held off commenting with the hopes that the Planning staff have a good idea to resolve the "H" issue. As the months roll by it now seems clear that staff may actually present a new plan at the July BOCC meeting in Key West. But it seems that USFWS has a plan also by last weeks article in the News Barometer titled " Service Believes Deer Numbers Falling" To me this is simply a timely release of information to apply pressure on the politicians forcing them to continue the strangle hold on BIG PINE KEY. Once again the comments of the refuge director are given without thought to the law. She stated to the News Barometer that: "If the county or state needs a more definitive number, they are welcome to do an independent census for that information" WRONG! The Service is responsible for keeping an censes every 5 years by law. The deer have only been counted one time back in 98-99 using our local tax moneys. The Federal Registry Law on Endangered Species Censes (VIEW full Rule) § 424.21 Periodic review. 5/13/2008 Letter (Email) to County Commissioners RE: Harvest Values 4/25/2008 Today's email to Roman Gastesi (new county administrator)
to Monroe County Growth Management, USFWS, FDOT and FDCA Requesting all documents and worksheets explaining the Harvest Value application to each Big Pine and No Name real estate number (H list) 4/22/2008 No update on this as of yet............ all the registered letter receipts came back but no answers. Can it be there are no answers? ~ Someone will Answer ~
5/1/2008 VIEW DCA's response letter
Public Comment Letter of 4/9/2008
RE: Planning Commission Meeting of 4/9/2008
This morning at the planning commission meeting, I sat quietly this time while Jim Cameron drilled staff once again about the proposed mitigation ordinance which has more holes and unanswered questions than the Vandenberg. Even commissioner Randy Wall joined in the issue of the county’s “H” list. It seems now even after staff passing out a current "H" total (view) showing the total, nobody can answer how much "H" is in the bank. (just like when did this whole thing start?) Every time the commission hears staffs ideas it raises even more objections than solutions. It seems everyone is still obvious to the fact that the entire “H” list is and was incorrectly applied to each parcel without even so much as a look toward being correct by county staff. But yet staff continues today to use the wrong numbers knowing they are wrong. Even if and I do mean if, staff recommends that the BOCC passes the use the “H” that was transferred to the Department of Environmental Protection, the use of the incorrect “H” per parcel is still wrong when adding up a total.
In even easer language to understand:
To date not one person can explain the numbering system used to apply the parcel “H” number. But yet the county continues to spend our money on this fruitless endeavor. When will it STOP............????
What outsides write about our island VIEW IT First Year Annual HCP Report to USFWS USFWS recalculation of "H" on Mariners Park New Revised Mitigation Ordinance Draft 3/20/2008 County's new plan: Scenic Byways Grant to help resolve the "H" bank shortage at $1.4 million bucks
Public Letter 3/21/2008 As most of you already know, I have been working my way through the Monroe County's regulations in hopes to redevelop my US1 property by building workforce housing and a marine training school.
My project Caya Place Townhouses was on the agenda last June (2007) but was pulled just before the meeting opened because the County didn’t have enough “H" (Harvest value) in the bank.
Self serving for me to bitch (view video) about the HCP & the ITP you might say, you damn right its self serving. And what’s wrong with that? After all I have worked 28 years to own my property that government now has changed the rules and made it nearly impossible to redevelop.
I attended the public meeting last Monday evening and watched and listened while once again the County Staff railroaded us down the same path. The county is broke so now the answer is to have the few remaining property owners pay through the nose. Hell it’s only money, right? But who’s money? A select few are now ask to pay using some contrived mathematical formula while just last year 27 property owners (view pages 4-6, report to USFWS) were given a free ride. Not to mention 882 property owners (view pages 7-27, report to USFWS) from 1995 into 2007 didn’t pay one red cent or made money by selling for ROGO points.
John Marston, Planning Commissioner, stated “It has all the makings of a class action law suit” and yes that is one way, with months and maybe years of more spending of with our hard earned thousands.
I say, our fine Monroe County Government put us down this very brown and stinking "H".hit hole and Monroe County Government will clean it up by using any means possible. Without charging even one more red cent to Big Pine and No Name property owners.
Legal Issues, We as Property Owners, Were Never Told.
The fact is Habitat Conservation Plan for Big Pine is questionable in legal regard The county never publicly advertised it’s signing or adoption as required by Florida law. The application for the Big Pine Key Incidental Take Permit to United States Fish & Wildlife Service document was passed by the County Commissioners on 3/19/2003 The U. S. Fish & Wildlife Service issued the Incidental Take Permit on 6/9/06 making a major conditional change to every parcel of land on Big Pine.
Florida Statute # 125.66 (2003) states that and how such proposed changes must be advertised or every property owner sent a letter of notification of the meeting. This was never done. In the making of the Habitat Conservation Plan, the county allowed the unequal application of the “H” factor on adjoining parcels making the building costs of exactly the same development different on each parcel.
There are many other inadequacies of the HCP and other BPK plans for the future. Although it's a wonderful plan to protect any endangered species, we also should remember that man brought the Key Deer to Big Pine, not nature, just as man brought the Cuban chicken, and the tame pig species, which U.S. Fish & Wildlife Service decided needed to be eradicated and did so by bringing hunters to kill the few remaining on Little Pine Island. Maybe the chickens and pigs should be put on the endangered species list also?
Visit one of the websites and public message board listed below for more information and a landowners overview and let’s begin the process of controlling our own islands future.
We stood by before while the five unvested county commissioners voted on Big Pine's destiny. Let's not let it happen again. Not one of the current commissioners own property on Big Pine, why would they be allowed to decide anything regarding Big Pine's future?
Richard Beal SkeeterS marine PO Box 430273 , 30641 Overseas Hwy. Big Pine Key, FL
Email: keyskeet@msn.com After entering the above websites click on The Taking of Big Pine to view all the relevant documents referenced above or use these links if you are on the web Tier Ordnances, Judges Rulings and Everglades Law News letter Monroe County Development Review Staff Report Big Pine Key US1 Corridor Plan First report required by the ITP to USFWS Big Pine Key Mitigation H bank spreadsheet US Fish & wildlife letter revising the "H" value on the Mariner Park Project My public Comment letter of 11/30/2007
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