LETTER
ON SECURITY EXPANSION VOTE
To: Alene Tyner,
DKPOA Secretary
Cc: DKPOA e-mail
list
Re: Expansion of
Security District
From: Dick
Adler
Date: May 31,
2003
I received your
e-mail today on the majority vote of the Advisory Board
on recommending expansion the Security District.
As Secretary of the
Duck Key Security Advisory Board in attendance at the May
2003, I voted for expansion of the Security District to
include Indies Island.
Some history and
background is provided for the uninitiated.
1995 Memorandum
of Understanding between DKPOA and Hawk's
Cay
In 1995, Hawk's Cay
agreed to a Memorandum of Understanding with DKPOA as
part of the resort's request to the County for an
extension and modification of its '85 expansion plans.
Items negotiated in
the Memorandum of Understanding attempted to address
community safety and security concerns and impacts of
resort expansion on the residential island. DKPOA and not
the Duck Key Security District Advisory Board instituted
negotiations leading to the Memorandum of
Understanding.
This followed an
earlier 1986-1988 stipulation entitled "Declaration of
Covenants, Conditions and Restrictions" signified to by
Hawk's Cay which dealt with possible impacts of resort
expansion on the adjacent residential
neighborhood.
Two stipulations
from the 1995 Memorandum of Understanding which
influenced the May, 2003 Security District Advisory Board
meeting are reproduced below:
"1.
Hawk's Cay will provide a long term lease (20 Years)
renewable for another 20 years at a cost of $1 for
100' x 100' at the corner of Duck Key Drive and
Greenbriar Rd. for the installation of a "welcome
booth". HCR will permit hookup or sanitation and
electricity at said installation of a welcome booth.
Hawk's Cay will provide a road turn around as shown in
exhibit 2.
"5.
HCR will attempt to obtain approval to install and
operate a welcome booth on Duck Key Drive at the main
entrance to Sunset Island Villas for the purpose of
providing:
a.
bridge safety information for pedestrians and
motorists
b.
traffic information and guidance for visitors and
guests to the resort and residences
c.
security for Hawk's Cay Resort, Sunset Island
Villas, and the Duck Key residences.
"A pass through lane for public access will be
provided.
DKPOA
will assist HCR in this effort if it is determined by
DKPOA and the Duck Key Security District Advisory
Board that this will significantly improve public
safety and the security of the residential
islands.
Any
financial support from the residential islands for the
operation of the welcome booth must be approved by the
Duck Key Security Advisory Board under the guidelines
established by Monroe County."
Motion to Expand
Security District to include Indies Island
At the May, 2003
meeting of the Advisory Board of the Security District a
motion was passed to recommend expansion of the Security
District to include Indies Island. My vote in the
affirmative was based on
1. a
belief that security for island residences would be
significantly enhanced with the establishment of a
Duck Key Security Booth at an entry point on Duck Key
Drive.
2. that the
creation and location of this Security Booth fulfills
a request stipulated to between the Property Owner's
Association and resort in 1995
3. that the
added hours of security service made affordable by
Indies Island inclusion in the Security District would
increase security of the residential
islands
4. that these
security improvements would help mitigate impacts of
resort expansion on the residential island.
5. and that
public safety and security would benefit from the
additional Monroe County law enforcement and video
surveillance concomitant with this
expansion.
(See
Voting below : Recommendation to Commissioners requires
affirmative vote of property owners.)
Security
Options
The community has
pursued several directions over the years regarding
security. During part of the 70s and all of the 1980s
Duck Key Property Owners' Association membership paid for
security patrols. Residents who were not members of DKPOA
got a free ride when it came to security and cutting back
the right of way. With the creation of the Duck Key
Security District, expenses have been shared by ALL
property owners through ad valorem taxes.
Some residents have
expressed a desire that the residential islands become a
private gated community in order to improve security, to
ensure privacy, have better control and add prestige to
the community. The community does not seem to have the
financial wherewithal to maintain the bridges, roads, and
infrastructure in order to pursue that route.
About five years
ago, several residents with the support of DKPOA and the
financial support of the community initiated steps to
incorporate Duck Key as a city. Incorporation would have
provided added security and direct community control. At
that time, community leaders proposed that Indies Island
be included in the formation of the Village of Duck Key.
Community control was to be shared with Indies Island in
exchange for the much needed added tax revenue Indies
Island would provide. That incorporation effort was never
completed.
It seemed to me
that the current initiative of expanding the Security
District to include Indies Island would provide Duck Key
with substantial improvements in security without the
financial burden associated with a private gated
community. Expansion not only would provide the necessary
revenue for Duck Key to have a gated community of sorts,
but would maintain each property owners ad valorem tax
costs by distributing the costs over a wider tax base.
Control would be shared with Indies Island property
owners in much the same way that incorporation would have
done.
Voting
Quite possibly
expansion of the Security District will require a vote by
affected registered voters, but that County lawyers will
have to decide.
ADDITION
: Original 1992 Security
District Ordinance
requires a vote.
The
Ordinance text reads, "The Advisory Board shall
recommend, with the approval of a majority of a quorum of
property owners, whether in person, by proxy, or by
absentee ballot, and the Board of County Commissioners
may approve, the actions of the Duck Key Security
District. ")
The Duck Key
Security District got its start more than ten years ago
with a vote of registered Duck Key voters. The Advisory
Board can only recommend that action be taken by County
Commissioners.
While
non-registered residents have no voting rights within
Monroe County they can still influence Advisory Board
members and County Commissioners in other ways.
Last year, I
extended my 8 year tenure on the Security Board for an
additional year to allow for a period of transition. I
tendered my resignation at the close of the May 2003
meeting. I no longer have a vote on the Advisory Board.
(CORRECTION
: Security
District Ordinance
requires Board member to remain on Board until a
replacement is appointed)
Interestingly,
there is another issue which impacts some County and Duck
Key property owners greatly and which residents will have
no opportunity to vote on. Resolution No. P26-03 - which
will institute a building moratorium on Center Island and
elsewhere in Keys for lands designated Tier I and Tier II
is due to come before the County Commission in June of
2003.
Should it pass a twenty-four month moratorium on building
on Center Island will be imposed and impact several
hundred property owners.
cc: Duck Key
Security District Advisory Board
