News Stories / Trolley Debate

 

By Pru Sowers

Konk Life Staff Writer

Following a two-hour meeting focused solely on the proposed new sightseeing vehicle contract with the city, Key West City Commissioners solved one of the most contentious issues surrounding the multitude of trolleys and Conch Trains that ply local streets every day.

Numerous complaints from property owners about the noise generated by tour operators on the loudspeakers in each sightseeing vehicle was top of the list of changes commissioners wanted to make in the new franchise agreement. Several commissioners had proposed that the franchisees, Historic Tours of America (HTA) and CityView Trolleys and Duck Tour Safari, supply headphones for each passenger. Currently, a speaker system is used that is audible outside the vehicles, leading to complaints from homeowners who have to hear the tour each time it passes their house.

The proposed new agreement originally stated that no sound should be audible outside of the sightseeing vehicle. However, the new language approved by commissioners at their Sept. 30 meeting watered that down considerably, requiring that each company submit a plan to city officials outlining how they would “contain sound from the tour’s narration” and that the sound level would comply with the city’s sound control ordinance.

But Commissioner Jimmy Weekley said he was happy with the new language because HTA had provided him and a group of neighbors on Frances Street a demonstration of a new “state of the art” sound system designed to contain tour operator noise to inside the cars.

“It worked,” Weekley said. “The neighbors were happy with that. It [new speaker system] maintained the sound on the inside of the cars.”

The current sound ordinance after 8 pm on Frances Street and surrounding residential streets is 60 dBA and 62 dBC. Weekley said HTA’s speaker system produced a sound level of between 58 and 60 dBA.

“We do what we can to mitigate the sound coming out of the vehicles,” said Chris Belland, one of the owners of HTA, “which in any case is substantially less that mopeds with no mufflers, aircraft noise, private vehicles with boom boxes and delivery trucks.”

Commissioners were reluctant to clamp down too much on the sightseeing tour operators, fearing a legal backlash. Hovering over the new contract debate was the $8 million the city paid to CityView in 2010 when a judge found that HTA and the city forced CityView’s new company, Seafari Duck Tours, out of business in 1995 because of an exclusive sightseeing franchise agreement the city had with HTA.

Indeed, both Belland and Brandon DeMando from CityView both cautioned commissioners not to approve a new franchise agreement that “micromanaged” the tour operators’ business.

“We believe competition will benefit the city and keep all of us out of litigation,” DeMando said, asking that commissioners create “a level playing field” for all franchisees.

“I’m tired of getting sued,” said Commissioner Tony Yaniz after the meeting.

CityView has been in business for five years while HTA’s 20-year contract with the city expires this year. CityView runs its own sightseeing trollies and owns Duck Tours Seafari, while HTA owns the Conch Train and Old Town Trolley.

Commissioners first began debating the new franchise agreement more than a year ago. But protests from HTA and CityView over some of the proposed changes resulted in a lengthy review process that has finally come back on the commissions’ agenda. While some issues were settled during the Sept. 30 meeting, several of the more contentious proposals are scheduled to come up on Oct. 20, after the city commission election will put at least two and possibly three new commissioners on the dais, a move that could delay approval of the new agreement even further.

Still to be settled are whether the city will place a cap on the number of sightseeing vehicles each company can operate daily, how much the actual franchisee fee will be, and whether the new agreement will apply to Duck Boats, the amphibious land/water tour vehicles each company wants to operate. On that score, however, both HTA and CityView said they would be willing to give up the Ducks as long as no other company could operate them.

“We’re willing to discuss earnestly giving up the Duck-type vehicles,” said DeMando. “We know the citizenry doesn’t want them.”

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]