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The editorial below, from the July 8 News-Barometer (the Lower Keys weekly based on Big Pine Key - link here), is critical of the judge's decision against the legal challenge brought by Last Stand and FL Keys Citizens Coalition.  We certainly agree -- the judge's ruling makes no sense, for any number of reasons.  It will be appealed. 

[One factual error in the News-Barometer editorial is noted (by us) below in the body of the piece: the additional permits allowed by the rule change are NOT all for affordable (or workforce) housing.  Only a small percentage of the additional permits would be for affordable housing, in the same proportion that Last Stand has long contended should be increased.  If Monroe County wanted to show it's serious about affordable housing, a much higher percentage of new units would be affordable.  This judge's ruling is a windfall for market-rate development, NOT a win for affordability in any way.]

So Much for Accountability

Editorial, News-Barometer, July 8, 2005

An administrative law judge dealt a severe blow to accountability for elected officials last week, ruling that an agreement between the state and Monroe County could go ahead.

The agreement, forged about 18 months ago, did some very good things.  It forced the county and state to commit money to sewer the Keys.  It forced the county and state to commit money to purchase environmentally sensitive lands.  It forced the county and state to commit money to address our serious workforce housing issue.

But the agreement did one thing that is probably not in the best interests of the Florida Keys.  It allows Monroe County to receive nearly 40 percent more building permits yearly than it now does, and gives back permits that had been taken away because the county couldn’t make any progress on sewers, land acquisition, or workforce housing.

In an area already overpopulated for the ability of the environment to sustain itself without help, more housing units are probably not the best answer.

Sewers are years away.  Depending on who you talk to, workforce housing is short by thousands of units.  Sensitive land is still disappearing, and it will take hundreds of millions to buy what is already endangered.

And our desire is to establish more housing units.

We’re not sure where that logic comes from.

The judge agreed that even though the county had not lived up to any of its prior commitments, it should be rewarded for promising to do what it had already promised, and failed, to do.

[The good thing is that all the extra permits are supposed to be earmarked strictly for affordable housing units, be they single-family or rental units.]**  The flip side of that is that the county already had the ability to earmark all permits for a few years for workforce housing and didn’t have the political backbone to do it.

**[This is not correct.  Only 30% of the additional permits would be affordable.]

Traffic gets worse.   Sensitive lands disappear.  Our near-shore water quality deteriorates.  Housing prices continue to skyrocket.  Vacant land prices continue to skyrocket.  And there seems to be no end in sight, even though the housing market has leveled off in the last six months or so.  That, we are told, is a temporary thing.

Why couldn’t the judge have given the county back its lost permits, or increased the allocation, after the sewers were in, after the lands were purchased, and after our elected leadership put concrete funding and building proposals in place for workforce housing?

We don’t know, and haven’t found anyone who can explain it either.

We have rewarded our county leadership for doing nothing for a decade.  And we rewarded them for a promise to do better.

The track record doesn’t make us feel real comfortable in that promise.

The environmental groups that challenged the agreement promise to appeal.  They should.  It makes no sense to give rewards for non-performance.

And we are sure that the name-calling will start again when an appeal is filed.  The groups trying to make the county live up to its obligations have been called simple obstructionists by members of our county commission.

The next question has to be, how is asking our leadership to live up to their commitments to our environment, obstructionist?

Every one of these commissioners has been in business in the past.  We’re fairly certain they didn’t reward employees who didn’t perform with extra money or incentives.

Why do they expect differential treatment?

Please explain that one.

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