Florida Keys News - Key West Citizen
Saturday, July 28, 2012
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Power is on, but they can't plug in

After decades of gridlock over extending the commercial power to a sparsely populated island in the National Key Deer Refuge, Keys Energy Services has energized new electric lines on No Name Key -- but don't look for the lights to go on just yet.

Monroe County is not issuing permits to connect the new lines to any of the island's 42 homes, and a pending court case could further darken the prospects of those connections.

Homes on No Name Key are now powered with solar cells and/or generators.

In energizing the lines, the public electric utility steps out of the line of fire between residents who have fought to extend the grid to No Name and residents who have fought to keep it out.

The Monroe County Commission and the county's legal and planning staff have long been aligned with the latter group due to a provision of the county's comprehensive land-use plan that discourages extending utilities to the coastal barrier island. And the county is awaiting the outcome of a lawsuit in the 16th Circuit Court expected to clarify whether its land-use plan legally prohibits powering the island.

Keys Energy, however, was optimistic in its announcement of the project's completion.

"We anticipate being able to connect customers by early August," said Keys Energy Services spokesman Julio Barroso. "... At this point we are ready to connect; the issue is now between the homeowners and the county to resolve."

That resolution, it appears, will come from the court.

The few No Name Key homeowners who have applied for connection permits have been denied. Building officials mistakenly issued a permit to Jim Newton in April, but it was later revoked.

The county's Planning Commission has scheduled a special meeting in October to consider Newton's permit appeal. Other appeals filed may be heard then as well, said Assistant County Attorney Derek Howard.

The county's lawsuit marks the second time in the past year courts have been asked to settle the issue. Earlier this year, Circuit Judge David Audlin ruled that the Florida Public Service Commission should make the determination.

But before the PSC could rule, the utility began installing poles and power lines.

The county had sought a temporary injunction to halt the project, but Audlin would not schedule a hearing on that motion before the project's completion date.

The issue has long divided the small community. Opponents of commercial power, who view the island as a model community for the use of sustainable, green energy, argue that connecting to the grid will encourage development. They say proponents are motivated by a chance to increase their property values.

Proponents, however, contend that commercial power is cleaner than the diesel generators on which many of them rely, and that it will have no impact on endangered species.

In 2010, the U.S. Fish Wildlife Service ruled that endangered species, such as Key deer, would not be affected if the project was done correctly.

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The damages and liability clock starts now:

If the County wants to “discourage development” than they should stop passing out development permits for new homes. Withholding basic public services from homeowners who where there long before the county made utilities “illegal” is unconscionable, and wasting our taxpayer dollars (on a litany of ludicrous lawsuits) to do so is beyond reprehensible. Has anyone in the County thought what liability might be incurred now that there is energized electric lines outside their homes they are not “allowed” to connect to) if there any health, safety or welfare issues which occur in the interim? I’m pretty sure a case of heatstroke incurred by a homeowner who can’t run a/c, or God forbid a generator fire, and we (the taxpayers) will be the ones paying out the $$$s.

You gotta love consistency

At the same time the County is taking the idiotic position that residents cannot connect to the grid outside their homes, they are looking for a developer to buy Galleon Bay. They are even advertising that two of the 12 lots have building permits! http://www.flkeysliving.com/realestate/property/558527/details.html

Can't have a meeting until

Can't have a meeting until October? C'mon, looks like someone wants to punish the grid lovers with one more Keys summer without refrigeration and AC.

Bright Lights?

Let's be clear as to why No Name residents who want something so simple as a power bill have to fght so hard. In 2001 No Name resident Alicia Putney got herself appointed to the Planning Commission and no sooner than that took place she wrote a proposed law outlawing power (and sewer and potable water and cable and telephone)from that island. She did this not only while a resident of No Name but also while the lead, named, defendant in a lawsuit fighting against power. When the Planning Commission reviewed the proposed law she, you guessed it, voted for it despite a clear conflict of interest in being a resident much less being involved in litigation over one of the very items (power), the key one, HER law sought to outlaw. Talk about conflict of interest and having an agenda. Once the Commission passed HER law she then lobbied the BOCC by explaining that such a law is exactly what the comminity wanted. Sadly her comments were lies. Just as she told anyone she could that No Name had about 20 homes (it has and had 43) and that nearly everyone but a few newbies did not want power (the truth was then as now that the majority had long wanted power and other basic services)and that most No Namers were part timers (also not correct, the island was, as it is now, filled with working class and professional people, most of whom live there full time). The 'bright light's on the County Commission, without thinking to actually ask/poll the other 42 residents about what they thought before stealing such basic property rights from the community and thus believing one person's view is ultimately the reason people there have had to fight so hard for a service the rest of us take for granted. That history of Alicia Putney's lies and bias, combined with the County's clear discimination over the years in denying the majorty's request much less recently over permits by treating No Namers differently than other propety owners, is why all of this is likely to now get real expensive for the County and taxpayers. It did not need to be that way, the island's majority paid for the power infrastructure and simply now want to connect. Denying them the permits they seek demands that they expose and put a stop to the discrimination and in doing so should be compensated for too many years of suffering. Discrimination at any level should not be tolerated and must be stopped.

We've come full circle

Alicia Putney's motivation was not ecological. That was and is a smokescreen. The real reason that she obstructed power was to prevent the owners of Galleon Bay from developing property that adjoined the Putney estate. Plain and simple NIMBY. Now the County is looking for a developer to buy the land and develop it. What goes around comes around!http://www.flkeysliving.com/realestate/property/558527/details.html

Commissioners are to blame

While I agree that Putney was instrumental in starting this evil discrimination against her neighbors, and she continues to appear before the commission spewing her lies to deceive the board, it is time to put the blame where it squarely belongs. You can sue Putney in civil court. But the county commissioners are the "elected" public officials and they are responsible to follow the law...that is why taxpayers pay for an office full attorneys and staff. Shame on the commissioners for taking advice from someone with a very twisted personal agenda rather than honoring their oath to uphold the law.

Unfortunately

the Gotminers and Treehuggers hold the strings of the government here and rule the roost. That will not change.... Quotation from Thomas Jefferson: "Democracy is nothing more than mob rule, where 51% of the people may take away the rights of the other 49%."

No stinking badges

'But before the PSC could rule, the utility began installing poles and power lines." Badges? We don't need no stinking badges. LIke peeing across an electric fence: don't be surprised if it stings if the power is turned on. Why on earth did Keys Energy Services complete the job -- at near record pace -- if legal issues remain unresolved?? Unfathomable that a business would be run in that manner.

No Badges required

The Utility Board has followed the law! Too bad the county commissioners can't read and comprehend the law. Oops, the can read but the county commissioners have decided to deliberately and knowingly violate the law and their oath of office to protect the health, safety and welfare of all citizens. As a taxpayer, I am outraged.
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