Let’s Not Rush Into Anything

The exterior of the Key Biscayne library branch, Sept. 15, 2019. Miami-Dade County has filed suit asking for a free hand in making changes so the facility can be expanded, but neighboring condominium residents have expressed traffic and other concerns. Manager Andrea Agha has budgeted a $1.1 million expansion in partnership with the County (Key News/Tony Winton)

Dear Key News:

The usual excellent reporting of the Key News’ Tony Winton (County Files Suit over Key Biscayne Library, September 16, 2019) prompts me to make a few observations.  

First, the County’s alleged inability to locate a representative of the Key Colony developer Fininvest, Ltd., which no longer exists as a corporation, is an incomplete narrative.  Most corporations that no longer exist either have been dissolved or became inactive.  In either case, one can usually locate one or more former shareholders, in this case Fritz Scharenberg, who the County alleges died in 2012.  In this instance, the late Mr. Scharenberg’s interests would have passed under his will (by specific request or under the residuary clause) or by the laws of intestacy. Even if the corporation was dissolved, someone owns the assets of Fininvest, including its intangible right to appoint an architectural panel.  Heir search firms easily could locate the successors to Fininvest’s right. Someone has Fininvest’s rights.  One could conclude that the County is merely being opportunistic by seeking to avoid dealing with the architectural panel.  

Second, the existing open space at the library is a Key Biscayne gem.  It serves as an oasis for flora and fauna enjoyed by all Key residents (even if often taken for granted).  The precious open space should not be threatened or sacrificed by redevelopment even if the Key needs a newer and larger library.  

Third, the Key News article suggests several alternatives to a potential sacrifice of the library open space.  The Village should consider finding a way to acquire the entry block.  The County budgeted funds of $8.2 million could contribute to the effort if the entry block were partly devoted to library space.  Also, the Village could explore opting out of the County library system and, as the Key News article suggests, use the annual $2.4 million from Key Biscayne property owners to fund a proprietary library.  With interest rates at historical lows, $2.4 million annually would fund and amortize a handsome, new bricks and mortar library and annual library staff.

Our knowledge is incomplete and thus, imperfect. Transparency already appears to have been a casualty of this process.  The best course is complete transparency and sensitivity to the stakeholders, Key Colony, all Key residents and our elected council members.  The suspicious County lawsuit and its corresponding effort to evade the architectural council established by the granting deed, and the surprise expressed by our own council members and Miami-Dade Commissioner Xavier Suarez, suggest that the process to redevelop the existing library site is being rushed without consideration of the stakeholders.  This means no one benefits.  

Gregg Rosen

Ocean Club