The Bahama Conch Community Land Trust Crisis

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1 The Bahama Conch Community Land Trust Crisis It s always a difficult journey when you are entering unknown territory to join others who are creating and finding ways to preserve historic assets anywhere. Key West, Florida has a historic African American neighborhood/community now identified as Bahama Village that is struggling to preserve its culture and history in an environment of aggressive gentrification. With no significant leadership in that neighborhood, a new approach was investigated. The City s Historic Planner Eugene Burr saw the writing on the wall for Bahama Village in 1994 when there were reports of the U.S. Navy s preparation to surplus certain properties adjacent to the neighborhood. The neighborhood would need a plan to protect the native residents from being displaced and relocated due to new developments that may be built on that property. In July of 1995, The Bahama Village Redevelopment Plan was presented to the City of Key West by Architects Thaddeus Cohen and Sienna Leon. The plan outlined and suggested a path for the City to engage the Trust for Public Lands to work with Community Leaders and Business People to create a Community Land Trust with the people of Bahama Village to help preserve and protect the neighborhood, its historic housing, and its other historic institutions and sites. The Community Land Trust was a part of the Financing Resources of the Plan as it had the potential to access federal and state funds to help with the redevelopment of Bahama Village. TIME LINE OF BCCLT S ORGANIZATIONAL & PROJECT DEVELOPMENTS 1995 Organization Incorporated November 14, 1995 State of Florida Its Purpose & Mission: A. To provide opportunities for low and moderate income people to secure housing that is decent and affordable and that is controlled by the residents on a long-term basis. B. To preserve the quality and affordability of housing for future low and moderate income residents of the community. C. To combat community deterioration in economically disadvantaged neighborhoods by promoting the development, rehabilitation, and maintenance of decent housing in these neighborhoods; by promoting economic opportunities for low and moderate income residents of these neighborhoods; by making land available for projects and activities that improve the quality of life in these neighborhoods; and by assisting residents of these neighborhoods in improving the safety and well-being of their community. D. To protect the natural environment and to promote the ecologically sound use of the land and natural resources and the long-term health and safety of the community.

2 Page 2 11/26/2010 E. To discover and memorialize the history, culture, and architecture of Key West, Florida; to research, discover, procure, and purchase, restore and assure the preservation of buildings, land, homes, or other articles which may relate to the history, culture, and architecture of Key West, Florida OVERBROOK FOUNDATION GRANT Ex. Dir. Salary 1996 BCCLT TENTATIVE MASTER PLAN FOR BAHAMA VILLAGE REVITALIZATION Navy 288 Process 1997 BAHAMA VILLAGE NEIGHBORHOOD CHARRETTE Navy 288 Process 1997 OVERBROOK FOUNDATION GRANT Ex. Dir. Salary 1998 OVERBROOK FOUNDATION GRANT Ex. Dir. Salary 1998 FIRST PRIVATE PROPERTY MANAGEMENT AGREEMENT Operating Income 1998 STATE OF FLORIDA CULTURAL EXCHANGE GRANT Museum Dev ESTABLISHED FIRST AFRICAN BAHAMIAN MUSEUM State/Private Funding 1999 STATE OF FLORIDA ORAL HISTORY GRANT Cultural Preservation 1999 CONTRACTED WITH CITY OF KEY WEST AS CRA AGENT TIF Housing Funds 2000 WON REFERENDUM FOR $2.5M HOUSING ACQUISITION City of Key West 2000 PURCHASED 1 ST VACANT LOT IN BAHAMA VILLAGE Mo. Co. Land Auth QUALIFIED AS STATE CHODO/DEVELOPED 2 HOMES City, County, & State 2001 ACQUIRED BAHAMA VILLAGE RENTAL UNITS (13) $2.5 M Grant 2002 SOLD FOUR SINGLE FAMILY HOMES 2002 ACQUIRED SRO AND 2 SINGLE FAMILY HOMES Mo. Co. Land Auth SOLD TWO SINGLE FAMILY HOMES 2003 ACQUIRED MULTI-FAMILY & MIXED USE DWELLING Mo. Co. Land Auth ACQUIRED MULTI-FAMILY & SINGLE FAMILY RENTAL Mo. Co. Land Auth.

3 Page ACQUIRED & SOLD SINGLE FAMILY HOME $2.5 M & TIF 2004 ACQUIRED HISTORIC 2 STORY HOME FOR REHAB Mo. Co. Land Auth PRESENTED CONCEPTUAL MASTER PLAN FOR 6.6 ACRE TRUMAN WATERFRONT PROPERTY ADJACENT TO BAHAMAVILLAGE F.A.U./C.U.R.E ACQUIRED SINGLE FAMILY HOME Mo. Co. Land Auth ACQUIRED MULTI-FAMILY RENTAL Mo. Co. Land Auth ACQUIRED FOUR SINGLE FAMILY HOMES Mo. Co. Land Auth DESIGNATED FOR STATE GREEN HOUSING FUNDING FHFC 2006 AWARDED $712,000 TO REHAB/REBUILD BCCLT UNITS FOR HOMELESS HOUSING DCF & SHAL 2007 WON REFERENDUM FOR 6.6 ACRES OF SURPLUS NAVY LAND ADJACENT TO BAHAMA VILLAGE November 6, CITY OF KEY WEST PLAN TO DESTROY THE BCCLT Nov. 7, 2007 to Present 2008 CITY OF KEY WEST CANCEL BCCLT CRA AGREEMENT 2008 BCCLT DE-AUTHORIZED STATE GREEN HOUSING PROGRAM 2008 BCCLT CONTRACTED WITH STATE FOR WEATHERIZATION PROGRAM 2009 BCCLT FORFEITS WEATHERIZATION CONTRACT 2009 CITY OF KEY WEST ORDERS FORENSIC AUDIT July, BCCLT EXECUTIVE DIRECTOR LAID OFF Oct. 31, CITY OF KEY WEST CANCEL BCCLT TRUMAN ANNEX DEVELOPMENT PLANS Dec. 2009

4 Page 4 There have been 13 groups of Board of Directors in the BCCLT history and one Executive Director. She began as the Trust for Public Land s Community Organizer for its Bahama Village Preservation Project which began in 1995 with funding/services from the City of Key West, the Overbrook Foundation, and Trust for Public Lands and resulted in the establishment of the BCCLT. Within those 13 years, the Executive Director had two (2) executive staff persons and two (2) Administrative Assistants, an accounting firm that managed the finances with the Board of Directors, and an independent certified Auditor. Most recently in , with plans by the Board of Directors to expand the organization, a Deputy Director, a Property Maintenance Mgr., and an accountant were brought on staff to assist the Executive Director with the expansion. Each group of Directors helped to guide the organization to fulfill the goals, objectives, and mission of the organization. As the organization grew, it was harder to get qualified public Board member volunteers who would have the time to contribute to the day to day operations of the organization, but they met and participated in activities and programs of the organization. They also solicited contributions for or participated in fund raising activities for the organization; most paid dues as members. The current BCCLT Board members, early in 2008 appeared unmotivated to push for the development of the Truman Waterfront Project, non-participatory in fund raising activities, and did not responsibly defend the conduct of the business of the organization for the benefit of its membership and the greater Key West community. The Waterfront Project was the project that was to set the BCCLT up to become self-sustaining. The Board of Directors worked very hard to stonewall the project by not entering into a developer s agreement with the chosen developer for the project who would have been responsible for most of the pre-development cost incurred for the project? Why, because on one unsure new member did the BCCLT board decide to put off for the third time, the signing of the developer s agreement? The Board of Directors, according to Sec. 4.1 of the BCCLT By-laws, governs the corporation. Section 5.3 states the Board of Directors shall carry out the purpose of the Corporation, implement the decisions of the Regular Membership, and be responsible for the general management of the affairs of the Corporation in accordance with these By-laws. The current Board of Directors allowed outside intimidation and pressure to cloud their judgment and their ability to protect the BCCLT s programs, projects, and tenants/member rights from the City of Key West.

5 The double dipping incident, spurred on by the City Attorney in 2009, is a perfect example of the path to BCCLT s destruction by the City of Key West. The mistake of the invoice was attributed to BCCLT, but what about the City s Finance Director who paid the double invoice? Why did the City Attorney speak of fraud or try to make the mistake a Page 5 criminal act? Why didn t the BCCLT Board of Directors ask for an investigation into the conduct of City Staff who paid the invoice? The BCCLT presented the City of Key West an audit each year since 2001 when we began to get TIF funds from the City. If the BCCLT was so bereft of bad business practices, why didn t the City, through the BCCLT audits by a respected Certified Accountant Firm, point out these issues? The organizations spent upwards of $25,000 per year to produce these audits for the City. Why is it that all of a sudden, the City needs a forensic audit of the BCCLT when they ve been receiving financial information from the BCCLT annually? How many other nonprofit organizations receiving City grant funds are required to send the City annual certified audits? Why hasn t the BCCLT Board of Directors demanded an accounting of the $1.7 Million Debt owed by the BCCLT so that it can be shared and discussed with the members to find ways to pay the debt. Is it because the majority of the debt which is claimed to be owed is due to the stonewalling by the Board of Directors of the Truman Waterfront Project? If the Board of Directors have not been consulting the tenants/members about their plans for defending the BCCLT, who have they been consulting? The BCCLT Attorney appears to be working for the good of the City of Key West instead of the good of the BCCLT. Why has the City of Key West been so adversarial towards the BCCLT? Why has the current Board of Directors and its attorney been so lame in defending the good work of the organization? Why did the Board of Directors stop the Annual Meeting process in 2009 when there were eight (8) volunteers to fill vacant Board seats and to help re-build the organization and to stand up to the accusations of the City of Key West? Why did the Board of Directors decide to do nothing to follow some recommendations from the National Community Land Trust Network, especially the recommendation to partner with the Habitat for Humanity of the Lower Keys and Key West? This organization allows resident/tenant participation on the Board and they protect and preserve affordable housing for low and moderate income individuals/families. It appears that the BCCLT Board of Directors decided to defunct the organization to rid themselves of the organization s responsibilities and to give to the City of Key West, through the Key West Housing Authority, properties/assets that would never have been sold to them (the City) if it were not for the mission and objectives of the BCCLT. Was the Board convinced to abandon the perceived sinking ship? The Executive Director was a strong advocate for the BCCLT, its tenants, and for the community of Bahama Village. She became the sacrificial lamb for the Board of Directors to

6 divert the eyes of the tenants and the public from them for their non-performance. She was just an employee and they were her bosses ; she had no power to do anything in the name of BCCLT without the approval of the Board of Directors. Why was she really forced to leave by the Board of Directors? Page 6 The The Bahama Conch Community Land Trust of Key West, Inc. made history as the first community land trust in the State of Florida and its example fostered the development of 25+ CLT s in the State of Florida. It even gave rise to a CLT Institute developed by the Florida Housing Coalition to provide technical assistance to developing CLTs. The organization gave hope to the people of Bahama Village by assuring they d have a voice in the development of their historic neighborhood and the preservation of their historic housing stock. It gave the young people hope that they would have an opportunity to get a job to make a decent living in Key West so that they may afford to buy or rent a home from the BCCLT. It gave them hope that one day, they may be afforded an opportunity to create a tourist related business or a construction/maintenance services business to stabilize their family and their neighborhood. The Bahama Conch Community Land Trust of Key West, Inc. s tenants and homeowners have been denied certain rights in decision making as members of the Corporation. Their homes and rental housing are in jeopardy of being transferred illegally to the Key West Housing Authority because of the neglect and dereliction of fiduciary duties by the current Board of Directors of the BCCLT. The African American population of Bahama Village, the neighborhood that has given Key West it s real cultural charm, is in extreme jeopardy of extinction/gentrification because of the discrimination and racism within the government of the City of Key West towards any organization perceived to be a Black organization (past and present), that is created to involve the (Black) residents in the redevelopment of their community/neighborhood, even when encouraged to do so by the City s Redevelopment Plans. We call for assistance from the Florida Attorney General s Office, U.S. Dept. of HUD, and the U.S. Justice Department to intervene for the tenants and homeowners of the Bahama Conch Community Land Trust of Key West, Inc., and for the traditional residents of the African American neighborhoods of Key West, Florida who have no reliable/credible community voice without the BCCLT and no City representation.

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