In a potential race against time with other jurisdictions, the Marathon City Council voted on Oct. 13 to pursue 100 early-evacuation workforce housing rights from the neighboring cities of Key Colony Beach and Layton. But council members made it clear that they want strict guardrails to ensure the units will serve Marathon’s workforce rather than line the pockets of developers.
Tabled from last month, the decision followed an extended discussion about the city’s existing housing inventory, development restrictions and whether new units will serve Marathon’s working residents.
In a presentation ahead of the votes, city housing coordinator Josh Mothner outlined the restrictions and potential benefits of 100 available allocations – the last portion of a 1,300-unit award given to the Keys by then-Gov. Rick Scott following Hurricane Irma.
Special stipulations for the units require them to be used in multifamily builds – and occupants must agree to leave the Keys as soon as a tourist evacuation is called during storms.
Mothner told the council the additional units could encourage construction without affecting Marathon’s remaining inventory of 135 market-rate building rights, given to the city in a legislative carve-out earlier this year and reserved for one right per vacant buildable lot.
The rights could also help shield against future takings cases, in which an owner of a buildable lot can sue the city if and when he or she is denied the opportunity to build a home.
Mothner urged the council to quicken its decision in pursuing the rights, as commissioners in Monroe County and Key West had already started similar discussions after Marathon’s September council meeting. Unique wording in Marathon’s comprehensive plan would allow the city to accept the rights without lengthy modifications required in other jurisdictions.
Council members, led by Kenny Matlock and Vice Mayor Debbie Struyf, said they agreed with the necessity and value in accepting the rights, but that they would not favor awards to large “cluster builds.” They cautioned against awarding rights to owners of existing properties, allowing those owners to then see significant profits by selling off less-restricted rights already attached to their buildings.
Matlock said he was particularly concerned that the city could receive applications for the newly-accepted rights before the council could finalize restrictive stipulations. He said he would go as far as banking the rights for use exclusively in defending takings cases, if legally allowed.
“Let’s be honest – there are already developers working behind the scenes,” Matlock said. “If we receive these before we put stipulations on them, do they already have their hand in the pot, regardless of what we vote on them? There’s going to be a window where there’s a request in and an untied workforce unit.”
“There will not be such a window – we will ensure it,” said City Manager Steve Williams.
Mothner told the council that restricting the rights to new construction looked appealing in theory, but allowing the new rights to be attached to existing buildings with similar units could free up less-restricted rights for use elsewhere.
“In certain cases, these affordables could replace existing affordables that don’t have the multifamily limitation,” Mothner said, allowing for the single-family and duplex builds favored by some council members and other organizations like Habitat for Humanity.
Councilman Lynn Landry suggested establishing a separate meeting for guardrails on the new rights, enacting a temporary moratorium while exploring their most beneficial uses. Former councilman Jeff Smith, who previously spoke in favor of using the rights for new construction only, said he agreed with Mothner that limited rights replacements could be useful – but not to transform existing hotels or motels into affordable housing.
Williams said staff would return to the council with an early draft of restrictions for discussion at an Oct. 27 workshop session. The council voted unanimously to approve both potential transfers.
Photos by ALEX RICKERT/Keys Weekly
Hope Project approved
Immediately following the transfer discussion, the council also unanimously approved the use of 12 rights for six affordable duplexes at the south end of 64th Street. Known as the “Hope Project” for Keys Health & Housing, the build will provide supportive housing for women and women with children as well as affordable rentals.
Addressing the council on behalf of Keys Health and Housing, development director Leah Stockton said that participants in the program contribute 30% of their income in rent, with payments deposited into interest-bearing accounts and returned to participants in their entirety upon completion of the program.
Partnering with groups like Habitat for Humanity, Stockton said, would allow the Hope Project to help local families move toward permanent homeownership while preserving affordable rentals in perpetuity.
Council eyes Heller as new attorney
With Williams now serving as Marathon’s permanent city manager, council members discussed how to fill the resulting vacancy in the city attorney’s office.
Williams again endorsed assistant city attorney Ali Heller, who has already assumed substantial legal responsibilities, as his successor.
“If I thought there were better people out there, I would tell you that’s what you ought to do. I can’t name a single one,” Williams said.
While all council members expressed confidence in Heller, councilwoman Robyn Still argued for opening the position to outside applicants in the interest of fairness and transparency, while Landry suggested an interim appointment as a possible compromise.
“I’m not opposed to Allie, and not saying that she’s not confident, capable and might be the best choice,” Still said, calling back to previous criticisms of the council for internal promotions without open applications. “My only point is to open it up – that way it’s transparent and fair.”
“I would be so proud that we grew someone up that loves working for the city,” said Mayor Lynny Del Gaizo, referring to Heller’s upbringing in Marathon. “I don’t think you need an internship – I think you’ve already done your internship.”
With Heller confirming her willingness to be considered, Williams said staff would bring a contract for the council’s review in November.
In other news:
- Along with housing right stipulations, the city’s Oct. 27 workshop will include discussion of a compliance audit for city departments, with residents invited to give input on persistent issues. Struyf said she favored starting with Marathon’s building and planning departments, while Still said an audit should examine all departments equally.
- Ahead of a fall time change and earlier sunsets, the hours for pickleball courts behind City Hall will extend to 8 p.m. The remainder of Oceanfront Park will continue to close at sunset as scheduled.
- With the council’s informal approval, Williams will draft a fee schedule for large events utilizing Marathon Community Park. While Marathon has fee schedules for the use of other city properties, Williams said his aim was to recover costs if for-profit companies presented concerts or other events while protecting Marathon’s recent investment in re-sodded fields.
- Following a lengthy discussion, the council agreed to enact a tow-away zone along the right-of-way on Ocean Terrace off 15th Street, where sheriff’s deputies reported that parking of trailers, RVs and other equipment had become a nuisance. A second zone on 82nd Street was removed from the proposal after several residents on the street said issues stemmed from a single renter’s complaints and neighbor-on-neighbor feuding.
- Matlock asked city staff to explore the feasibility of bringing city finances in-house, forgoing a $458,000 contract with Bishop Rosasco & Co. Finance Director Jennifer Johnson defended the current contract, stating the change could come at a far higher payroll cost and increased liability for the city.
- Williams reported a successful negotiation and new three-year collective bargaining agreement with Marathon’s firefighter union, complimenting productive and professional discussions on both sides.
