OPINION: Grant the Colony extension

Everybody on Longboat Key invariably comments about the tragedy of the Colony Beach & Tennis Resort — the deterioration and temporary shuttering of the Key’s most prominent historic landmark (that is, the most historic landmark still standing, or in this case, leaning). And notice we said “temporary shuttering.”

As one Longboater once described it: What a spaghetti ball.

Tangled like no one can imagine.

Invariably, though, when you talk to Longboaters they remain optimistic. The Colony will be reborn and will revive its luster, and with it the luster of Longboat Key.

This is what everyone knows must happen — for the future of the island. A redeveloped and expanded Longboat Key Club and Resort alone will not revitalize Longboat Key. The Colony must be a part of the future.

To that end, it’s crucial that the town officials and Town Commission recognize it is in every property owner’s and the community’s best interest to give the Colony’s owners — the unit owners and Dr. Murray “Murf” Klauber — ample and reasonable time to work out a plan that brings the Colony back to life.
Heretofore, Jay Yablon, president of the unit owners association, which holds the fate of the Colony units, has been working under increasing pressure to avoid the town declaring the Colony abandoned. Were that to occur, it would be as tragic as what already has occurred.

Declaring the Colony abandoned would cause the Colony to forfeit 127 of its 237 tourism units, devalue the property more than it already has been — and devalue all of Longboat Key.

To avoid that fate, the association has had two options: 1) ask for an extension before triggering the abandonment ordinance; or 2) take tangible steps to show the Colony plans to re-open some or all of its units before Aug. 15, the one-year anniversary of its shutting down and the deadline for declaring the Colony abandoned.

Last week, Tampa lawyer Don Hemke submitted a 10-page petition to the town on behalf of the unit owners association requesting that deadline be extended to Dec. 31, 2012. His petition invoked the clause in the town codes that allows for an extension on the basis of “legal restraints.”

Hemke further asked the town to provide for a renewal of the extension, if necessary, “as long as the association is diligently proceeding … toward restoring, redeveloping or reopening the Colony.”

While it took Hemke 10 pages to argue his case convincingly, he crystallized in item number 33 in the letter the most compelling reason for an extension:

“There is no public interest in attempting to eliminate the Colony’s ‘grandfathered’ density. Indeed, such elimination would be contrary to the public interest.”

The Town Commission is expected to consider the association’s petition at its regular meeting May 2. This issue should not require any debate. It is in everyone’s interest to extend the association’s deadline to Dec. 31, 2012 — and beyond.

This is vital to the life and future of the Key.

+ $113,000-a-year policeman
Nearly everyone deserves a second chance. Sometimes even a third chance.

We’ll give that much to Longboat Key’s new police patrol captain, Bill Tokajer.

Fifteen and 21 years ago, Tokajer succumbed to two separate ethical lapses that resulted in suspensions from the Bradenton Police Department. But ever since then, he served as a decorated officer and an exemplar of propriety and leadership. He rose to deputy chief in Bradenton.

Last week Tokajer received high praise from Bradenton Police Chief Michael Radzilowski. “We were very sorry to lose him,” Radzilowski said of Tokajer’s retirement and subsequent hiring on Longboat.

OK, we have no qualms with Tokajer’s abilities or his hiring. It’s the salary that is the problem — $73,185 a year, plus, of course, Longboat Key’s plush police benefits.

Believe it or not, that’s a normal rate for a police captain in the United States. And while many of us seem out of touch with government pay reality these days, perhaps Longboaters can take some solace in this: If you think police and fire pay scales are out of whack here, West Palm Beach is advertising for an experienced police officer. The salary: $113,000 a year!

As we’ve said often: It pays to be in government.

+ We need a TABOR
You should dismiss the Mainstream Media-ites and others who are railing against the Legislature placing a constitutional amendment question on the ballot that would cap annual government spending at the rates of population growth and inflation combined.

These pro-government troglodytes always trot out references to Colorado’s experience with “TABOR”, the Taxpayers Bill of Rights that imposed a similar cap on spending. They say Colorado is a primary example of how spending limits don’t work.

Do your research. They are wrong.

You’ll find out that for nearly five years after it was enacted, Colorado was an economic star in America. Its economy was among the healthiest; its tax burden was declining; the government generated surpluses; and Colorado residents enjoyed receiving their annual tax refunds because of the surpluses. They received this money because the tax-and-spending cap held government spending in check while the economy was roaring.

This was unlike Florida and most other states, which never shake the addiction of spending as much or more than comes in.

Those opposed to a Taxpayer Bill of Rights always say Colorado suffered after the dot-com bust because of TABOR. But here’s what happened:

Colorado collected $8.9 billion in 2001. Its TABOR law allowed it to keep only $7.9 billion, refunding $1 billion to taxpayers. The next year, 2002, revenues fell to $7.8 billion. This meant the Colorado Legislature had to “re-set” or “ratchet-down” spending to the new baseline of $7.8 billion.

This is no different than what happens in Florida during a recession. Government must cut back. But in Colorado in 2002, rather than having to cut back government spending from the $8.9 billion ceiling from the previous year down to $7.8 billion, the legislature had to cut only $100 million.

In other words, TABOR helped control expenses so Colorado’s legislature wasn’t facing the same fate that Florida’s Legislature is now — a $3.5 billion gap.

What’s more, don’t fall for the argument that as proof that TABOR didn’t work, Colorado’s Republican Gov. Bill Owens in 2004 and 2005 joined Democrats in asking taxpayers there to suspend the TABOR refunds for five years so the legislature could spend more money on government services. He caved. Not because of a budgetary crisis, but because he and his colleagues didn’t have the fortitude to make other tough choices.

Altruists, special interests and redistributionists fall into the category of the “invincibly ignorant” when it comes to government spending. They will never accept the conclusion that the only way to control government spending is to limit specifically how much it can spend.

Florida should have a Colorado-like Taxpayer Bill of Rights. If only Florida’s lawmakers had the guts to do it. Marco Rubio where are you when we need you?

GROUNDS TO EXTEND COLONY DEADLINE
From the town codes:
“[a] nonconforming building or structure not used or occupied in a lawful manner or vacant for a period of one year or more shall be considered an abandonment and the nonconforming building or structure shall be removed or made conforming. However, should the period of nonuse or vacancy be caused by legal restraints upon the owner or lessee, the owner or lessee may set forth such grounds in a petition to the Town Commission … The time may be extended by the Town Commission for good cause shown .....”


Moreover, the resolution granting the extension through December 31, 2012,
should contain a condition that the extension should be renewable as long as the Association is
diligently proceeding with its Unit Owners and developers toward restructuring the underlying
documents and toward restoring, redeveloping, or reopening the Colony. There undoubtedly
may be unforeseen events which will delay the Association’s projected timeline, whether those
events be delays in negotiations with developers, delays in preparing permittable plans, delays in
obtaining permits, or delays in physically restoring or redeveloping the Colony. The Association
assures the Town that it is the Association’s interest and intent to proceed as expeditiously as
reasonably possible toward restoring or redeveloping and reopening the Colony as a first-class
tourist destination, because only once the Colony is restored or redeveloped and reopened will
the resort generate any cash flow for the Association and the Unit Owners.