Tuesday, September 11, 2007

Fairly Disgusted

This email arrived from Jim Brooks. He asked me to publish it, "in the interest of balance."

With pleasure. The city is playing CYA (cover your ass), and newly-elected city manager Jim Scholl puts in his two-bits where he shouldn't have, in some reach-around effort to tow the party line. Read on as I fact-check as the letter unfolds.

> Subject: Waterfront Market
> Date: Mon, 10 Sep 2007 14:26:51 -0500
> From: cphillip@keywestcity.com
> To: jscholl@keywestcity.com
> CC: mayor@keywestcity.com
>
> Dear Ambassadors,
>
> At the request of the City Manager, I am sending you the press release distributed to local media about the Waterfront Market owner's decision not to renew his lease with the city. The release covers the facts in the case, which have not all been addressed in the local media.
>
>
> September 7, 2007
>
> FOR IMMEDIATE RELEASE
>
> An examination of the events leading up to the Waterfront Market owner's decision to vacate his rented property along the Key West Bight clearly shows there were many factors that contributed to this decision.
> "We were working closely with the business's owner to make it possible for Waterfront Market to remain in its current location along the Bight," said Port Operations Director Raymond Archer. "That market is the anchor store along that strip. The city does not want to see it go. We truly thought that in August, we came up with an agreement that was equitable for all."


This is not what Buco Pantelis and his attorney Ginny Stone were told. During negotiations, they were regularly reminded that "[the City] has three tenants waiting in the wings." Incidentally, this was Jimmy Weekely's argument when he strong-armed Waterfront Market into moving from its waterside position thirteen years ago. And there are still empty spaces their now. That move cost Waterfront over a quarter-of-a-million dollars. And for the record? Over one hundred neighbors came to help Buco make that move. Waterfront Market has been important to us and our island for a long time now.

> The City of Key West renegotiated the Waterfront Market's lease to terms that both parties agreed upon. The property had not seen a rent increase in 5 years, and the renters were being charged well below market rate for the prime piece of property the market occupies. The Key West Bight Board then approved the new lease agreement, followed by the City Commission's approval.
> "The contract needed to be updated," said city Property Manager Marilyn Wilbarger. "But quite honestly, the lease renewal rate we agreed upon was still 50 percent less than market rate for space in the Key West Bight. The new agreement also gave the market exclusive rights to operate businesses as well as free parking for customers."


50 % less than market rate...for who? The rates that Waterfront Market's neighboring tenants are paying is public record. From a high of $20 to a low of $0. That's right, zero. But Buco as the anchor tenant is being strong-armed into paying $6000 extra a month, plus annual increases, including a rate for the deli that is $10 a square foot higher than any of the other water-facing tenants.

> The renegotiated lease bumped rent from $12.88 per square to $16.25 per square foot (which breaks out to going from $11 to $14.67 a square foot for the market, and keeping the deli at $29.55 a square foot), and included 23 free parking spaces and free storage for trucks outside of the building with exclusive rights to three loading bays.


Free parking? What grocery store or retailer leases space without parking spaces and loading space? The mind reels. In fact, the City has plans to install meters in the Waterfront Spaces - that Buco paved at Waterfront Market's expense - that Waterfront Market is supposed to be made responsible for daily covering in the morning and uncovering at closing, so the City can get those extra few dollars from the spots in the evening. Yet an additional burden of responsibility.

> In August, the city received a letter from the business owner's lawyer requesting that the city agree to defer execution of the new lease until October 1, 2007.
> "Mr. Pantelis (the market's owner) is dealing with several personal matters which are directly related to his ability to enter into a 10 year legal obligation with the city," wrote Pantelis' attorney Adele Stones.
> The city agreed, allowing the businesses owner to start renting the property on a month-to-month basis while he worked to resolve his "personal matters."
> "We provided every reasonable consideration to make this work for all parties involved," said City Manager Jim Scholl. "It's disappointing to see people rushing to judgment now that Mr. Pantelis has decided to close up shop. The city doesn't want to see that happen any more than his loyal customers do, but if that's his decision after taking all factors into consideration, we have to respect that."
Manure.

And here is the galling part. How is it new city manager Jim Scholl can make these claims when Jim Scholl has never had any input from Buco Pantelis. The two have never spoke on the matter! Scholl was not involved in the processes. He has no experience with the proceedings other than what he has learned since taking office. Yet here he is claiming that Buco's decision to close Waterfront Market is his alone rather than the fault of the individuals representing the city of Key West - specifically, Raymond Archer and Marilyn Wilbarger - for failing to deliver a fair and tenable contract for Waterfront Market.

> The city regularly reviews its various leases and updates them according to property value and market rates.
> "At the end of the day, we have to answer to all the citizens of Key West," said City Manager Scholl. "We have a responsibility to balance revenue and expenses. As a landlord for the taxpayers, it is our job to find the highest and best use of the city's property, and to get fair return for the taxpayers. Doing anything to the contrary is simply not fair to the taxpayers or to other businesses in town that have to pay higher rental rates."


Fairness. What's all this fairness nonsense about? What we are talking about is the City is piiting itself against the island. And Jim Scholl is now taking responsibility for this fiasco by his uncalled for spin. Does Scholl know that in the new contract, Waterfront Market is paying for an additional three hundred+ square feet that is occupied by walls?

Because to be fair that's the case. In the new contract - the one that is a big part of the movement to put Waterfront Market out on the street to make way for a vaporous corporate big box tenant - Buco is now supposed to pay for an additional 300+ square feet of space...occupied by the building's walls.

In effect, Jim Scholl is volunteering that he doesn't know his head from a hat on the ground, AND that he wants to be remembered as part of the effort to put Waterfront Market and its 40+ employees out on the street. Done.
>
> [Waterfront Market]
>
>
> Christie Phillips
> Public Information Officer
> City of Key West
> City Hall - 305.809.3889
> KWPD - 305.809.1058
> cell - 305.797.0417
> cphillip@keywestcity.com

Now, at this point, I would pose to the fair-minded Jim Scholl and submitter Jim Brooks :
  1. Did the City get the fair price thought it would for the space Waterfront Market originally moved out from thirteen years ago?
  2. How is it there are empty spaces on the waterside Bight now, and that the successful, local, home-grown, and time-proved operation is being strong-armed into becoming another in the name of fairness?
  3. Why are waterside Bight tenants paying at least 1/3-lower rates than what Waterfront Market pays for its Deli space? Is this fair?
  4. And why does Jim Scholl feel the need to fairly put a spin on this so as to draw more even more critical scrutiny of the situation?
Enough of balance. Balance is done. I am done with banter with the side that is doing the harm in the name of fairness and balance. That's for nimcompoops.

I write here for one reason: To keep Waterfront Market open.

The people who are against that are my enemies because they are the enemies of a consensus. And the consensus is simple. Waterfront Market must stay open. And you know what the important thing about this letter from the city is? It is this sentence of Jim Scholl's...

"It's disappointing to see people rushing to judgment now that Mr. Pantelis has decided to close up shop."

CITY OFFICIALS ARE ACKNOWLEDGING THEY ARE FEELING THE HEAT OF OUR IRE!

Those scoundrels are feeling the heat!

So keep the heat on! Turn it up! Call your friends and neighbors who care! Get the word out now when it matters: We are going to keep our wonderful prcious well-loved Waterfront Market, and the city employees and elected officials who are to blame/take credit for putting it on the chopping block are being shown the door!

I mean, you have noticed how neither Jimmy Weekley or Morgan MacPherson have touched this issue three weeks before the election. We all know where Weekley stands, but word is that Mayor MacPherson is no friend of Waterfront. Put the heat on him everyone! Email Mayor Macpherson at mayor@keywestcity.com, and let him know his re-election or not may depend on his action here.

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