From: gwythe24@gmail.com
Sent: Monday, December 27, 2010 11:02 AM
To: Mark Finigan; Jim Scholl; Shawn D. Smith; Jim J. Young
Subject: Re: City View request for "Stop" at Mallory Square

Mark,

We will definitely be appealing this decision. There are some obvious errors in procedure that the City has made, notably using HTA's opposition as a factor violates the franchise agreement. Neighbors must request a hearing with the Commission to oppose and their opposition can only be weighed on the merits of safety and public welfare. Since HTA has been using the same stop we requested for the past 3 weeks, obviously, they do not consider it a safety issue. We will be requesting that the City follow the Franchise and hold the hearing at HTA's request. The franchise states that a mailing will go out (which did) and any opposition must be made at a Commission meeting. Please forward me a copy of HTA's letter.
Thank you

Sent via BlackBerry by AT&T

From: Mark Finigan <mfinigan@keywestcity.com>
Date: Mon, 27 Dec 2010 10:43:09 -0500
To: gwythe24<gwythe24@gmail.com>
Cc: Jim Scholl<jscholl@keywestcity.com>; Cheri Smith<csmith@keywestcity.com>; Shawn D. Smith<sdsmith@keywestcity.com>; Carolyn Walker<cwalker@keywestcity.com>; John Wilkins<jwilkins@keywestcity.com>; Jim J. Young<jjyoung@keywestcity.com>
Subject: City View request for "Stop" at Mallory Square


Greg - After carefully review of your request for a new sightseeing stop at Mallory Square, the City Manager has disapproved your request for public safety reasons. See attached declination letter. The original will be mailed to you, unless you would like to come by the Manager's office and pick up.

As you are aware, pursuant to your agreement City View can appeal the Manager's decision at the next regularly scheduled City Commission meeting, January 4, 2011. Please inform this office no later than COB this Wednesday, December the 29th, if you intend on appealing. If you do not appeal, the issue would obviously not be brought before the Commission for consideration.

Thanks

Mark Finigan