Saturday, February 25, 2017

Record editorial on "fake news" takes unnecessary swipe at NY Times in last paragraphs

Why is the St. Augustine Record using The New York Times as a punchline? The Times covered a story the Record tried to cover up, and Sheriff DAVID SHOAR is still angry about it. They both have blood on their hands and guilty consciences. Thanks to reporter Walt Bogdanich for exposing the truth about the Michelle O'Connell case.

In an otherwise coherent editorial on February 26, 2017 St. Augustine Record Opinion Editor Jim Sutton took an unnecessary, unbecomng swipe at The New York Times in its last paragraphs.

Remember, dear readers, which paper spent enormous resources, working with PBS Frontline, to bring us the truth about the Michelle O'Connell case?

Remember which "fake news" paper is still covering up for revolting, rebarbative, retromingent Sheriff DAVID SHOAR, the asinine authoritarian author of the "upside down gun" theory, part of a parallel universe in which guns recoil forward?

In 2013, brand-new Record Editor KATHY NELSON, a bullet in SHOAR's gun, attacked The New York Times and three-time Pulitzer Prize winner Walt Bogdanich for "parachuting in" and "not making any friends" with the Sheriff's Department that is still trying to cover up a homicide in the home of Deputy JEREMY BANKS on September 2, 2010.

Watching SHOAR and his journalistic accomplices at the St. Augustine WRecord try to justify the O'Connell coverup is like watching a duck try to make love to a football.

(NELSON was later fired for incompetence, but the Record never remedied its strange romance with Sheriff SHOAR).

So who put the fox in Jim Sutton's bosom about The New York Times today?

Could it be corrupt St. Johns County Sheriff DAVID SHOAR, who legally changed his surname from "HOAR" in 1994?

We in the data-driven, reality-based community often find the Record appalling, if amusing, as we do other local "fake news" outlets we could mention.

Mention of "fake news" calls to mind the cruelty of some "fake news" sites during the 2016 campaign, such as the one begun and ended by the estimable Flagler College Professor JOSEPH SAVIAK a/k/ "TAILER GUNNER JOE" (Joe McCarthy's nickname), a/k/a "JOE SIXPACK."

Fake "Associate Director and Associate Professor of Public Administration" at Flagler College, JOE SAVIAK is most noted for calling Bill Nelson an "anti-semite" and lambasting beloved Mayor Shaver with high-dollar secretive PAC attack ads. JOE SAVIAK reeks of the irresponsibility that led him, as Orange County Chief Deputy Sheriff, to respond to his failing the Bar exam by lashing out, writing the Bar Examiners and a Florida Supreme Court Justice, threatening "civil and criminal liability."

JOE SAVIAK's "fake news" failed miserably, while hardly noticed by the august St. Augustine Record, which never connected the dots between SAVIAK and those out-of-town hate mailings intended to defeat our reform Mayor -- mailings that involved the efforts of SHOAR's energumen employee, former St. Augustine City Manager WILLIAM BARRY HARRISS, who was seen taking them to be mailed. (HARRISS is most noted for dumping a landfill in a lake in 2005-2006: we caught him, called the National Response Center, brought in investigators.  Yes, the landfill is now in a landfill in Nassau County, instead of contaminating our Floridan Aquifer at the site of the Old City Reservoir.  Yes, we've achieved quite a few victories since then -- more than 60 at last count, thank you.

Rebarbative JOE SAVIAK is a crony of Sheriff DAVID SHOAR and St. Augustine Vice Mayor TODD NEVILLE, a/k/a "ODD TODD."

Nasty, nattering nabob of negativism "ODD TODD" NEVILLE anticipated the repressive DONALD TRUMP's antics in 2015 by seeking to euchre his fellow City Commissioners to file a libel lawsuit against Historic City News for expressing an opinion on conflict of interest regarding DAVID BARTON CORNEAL's DOW PUD.

His pal SAVIAK is the condescending critter who actually said to me, "I have five college degrees and an eighteen page resume," before abortively, abusively and falsely threatening me with invocation of the Baker Act for "stalking" for telephoning him about his lies on Mayor Shaver.

Sound familiar?

Here's the Record's oddball editorial on "fake news," with its SHOAR-driven punchline -- reckon Sutton's crony, Sheriff SHOAR/HOAR is still feeling the sting of The New York Times' award-winning journalism on his coverup of Michelle OConnell's shooting?):

Posted February 26, 2017 12:02 am
EDITORIAL: Fake News in the eye of the beholder

“Fake News” is a concept seemingly born of the 2016 presidential election. But, depending upon your definition of it, fake news has been around for a long time. This time around, though, it seems much more specific. The best definition for it today might read: “Anything with which Donald Trump disagrees.”

One of the misconceptions of news is that it is meant to be fair and balanced. Actually that’s a comparatively new concept. And, from where we sit the correct on. Think Walter Cronkite. That was the heyday and he was the example.

Newspapers, historically, were anything but balanced. At the turn of the century most of the larger cities had three or four competing newspapers, each targeting a niche readership. There were conservative papers, liberal papers, dramatic papers and even ethnic papers. And it all worked out, apparently.

It’s called “advocacy journalism” and, again, it was the way things were done not so that ago.

And, from where we sit, journalism has circled back to that model, though now it’s the property of television.

The problem, though is, unlike the turn of the century when news fit existing biases on the up-and–up and in the open, television news now tries desperately to come off as level and fair. We know what we’ll hear when CNN reports a story and Fox reports it the other way around. They know how they’re twisting the news for target readers so, why this effort at acting “fair?”

So the tumor of biased news pops up on or TV screens, but it festers on social media. And that’s where the cancer of Fake News cripples our national sanity.

This isn’t finger pointing. Here at The Record we push our digital platform as hard as we can. But at least we attempt to control the rancor and outright craziness on our website. But no news organization has figured it out.

According to BuzzFeed News, during the final three months of the presidential election the top 20 Fake News stories on Facebook generated more engagement than the top 20 stories from real news websites.

Even the best news outlets can be guilty of lapses of page one propaganda. A story can be completely true and a headline can tell the lie. Russia, the U.S. and England competed in am Olympic race. England won, the U.S. came in second and Russia finished third. The headline the next morning in Moscow read: “Russia wins Bronze; U.S. finished second to last. “

American newspapers are being harangued for slanting news against President Trump. There’s certainly going to be instance of that, but by the same token he makes it awfully easy. And his assertion that the media is the enemy of the American people is an awfully big jump even for him. But Trump isn’t facing anything new. Richard Nixon couldn’t stand the press, but he sicced Spiro Agnew on them instead of taking it head-on. Agnew protested the “nattering nabobs of negativism,” remember?

The point here is that media try hard to do it right. None succeed always. But here at One News Place, we play loose with facts, we’ll be looking for another job. Maybe we’re simply old-fashioned.

But let’s end with a smile.

Donald Trump jetted off to his yacht off the coast of Italy, and decided to invite Pope Francis for a ride. It was a windy day. The Pope’s hat — his zucchetto — blew off his head and into the water.

Trump hopped over the transom and proceeded to walk across the water to retrieved the Papal property. News outlets across the globe reported the deed: Trump could actually walk on water.

The next morning the New York Times headline read: “Trump can’t swim.”

Ed Slavin's response: Is that supposed to be funny, Jim Sutton?  Really??!!

We're not laughing -- your poor excuse for a newspaper is still too often refusing to cover the news without fear or favor, refusing to quote opponents of developers and conmen when we speak at meetings, showing all the signs of being allied with government and corporate advertisers and the power structure and Establishment in St. Johns County.

Too often, despite efforts and inspiration to practice "journalism," for a change, the St. Augustine Record epitomizes "fake news."

Watching the Record, even post-NELSON, is still too often like watching a duck trying to make love to  a football.  In short, "fake news."

Waiting for St. Augustine Fair Housing Ordinance Amendment re: Transgendered People

Sometimes speaking to the City of St. Augustine City Commission is like talking to a post. Like when I suggested, repeatedly, that they add transgendered people (gender orientation) to existing Fair Housing protections for "sexual orientation" as a protected class, a victory we achieved by unanimous vote on December 10, 2012. Let's do it, folks.  Heck, earlier this month, Jacksonville, redneck peckerwood capital of Northeast Florida followed the example of our twin itty-bitty cities (St. Augustine and St. Augustine Beach), adding sexual orientation to its Human Rights Ordinance 12-6, even including  gender identity.  Pray for our City Manager, City Commission and City Attorney to listen when we speak, instead of staring into space, not writing anything down, or looking at their cellphones!

Celebrate diversity (not coddling developers).

This matters.

Here's a New York Times column by Frank Bruni:

Two Consonants Walk Into a Bar …
Frank Bruni
The New York Times
FEB. 25, 2017

Credit Ben Wiseman
At this point the consonants are so tightly fused it’s as if they were always and inevitably so: L.G.B.T.

But just a decade ago, the T teetered. It wobbled.

It was eliminated from a federal bill to protect lesbians, gays and bisexuals from discrimination in employment. The 2007 legislation’s principal backers — including Barney Frank, an openly gay congressman — decided that pressing fellow lawmakers to cover transgender people as well was a bridge too far.

That bill failed anyway. But the tinkering reflected broader apprehensions. If not publicly then privately, many gays and lesbians wondered not only about the political costs of an alliance with transgender people but also whether the alliance made any real sense.

A few still wonder.

Mara Keisling, the executive director of the  National Center for Transgender Equality, told me that at a recent banquet for an L.G.B.T. health organization, a wealthy gay donor said to her: “Can you walk me through why we’re all one big community? I just don’t get it.”

I do, though I admit that it took me time and that I sometimes worried that we gay men and lesbians were steepening our climb toward the fullest possible acceptance by making the ascent arm in arm with transgender people.

But that’s how we’re doing it and how we should be, and it’s an important example of broader kinship winning out over narrower interests and of justice trumping pettiness.

Last week the Trump administration  rescinded  the Obama administration’s guidelines that public schools allow transgender students to use the bathrooms corresponding with their gender identity, an issue that is scheduled to reach the Supreme Court next month.

That move stood in contrast to a decision weeks earlier not to mess with Obama’s edict barring federal contractors from discriminating against L.G.B.T. people, and it suggested a greater reluctance to be seen as an enemy of gay and lesbian rights than to side against transgender ones.

But to the overwhelming majority of L.G.B.T. advocates today, all of those rights are inextricably bound, regardless of whether lawmakers and voters support some more readily than others.

Although Congress is still resisting anti-discrimination legislation for L.G.B.T. people, I no longer hear advocates discuss whether the T is an obstacle or propose that it be left out.

Even Keisling’s banquet companion, she said, made clear that he wasn’t taking any particular exception to the big tent. He was just curious about how it assumed its shape.

The answer: fitfully. The road to a consonant cluster that’s now taken for granted — and that’s grown longer, with a Q or more added, depending on who’s doing the clustering — was a rocky one.

Go back to the 1960s and ’70s and the G was often so domineering that the L went its own, separate way. In fact much of a new ABC mini-series about the L.G.B.T. rights movement, “When We Rise,” which will be shown over four nights this coming week, focuses on that rift.

“The first four hours is the story of how gay men and lesbians weren’t working together — of the animosity between them,” Dustin Lance Black, the creator of the mini-series, told me. Not until the 1980s and the AIDS epidemic, he said, did they really unite.

And for a while, the B was a matter of controversy. Many gay men and lesbians suspected that people who called themselves bisexual were taking a timid, untruthful half-step out of the closet or were adventurers who’d return in short order to the heterosexual fold. So they sometimes resisted any explicit mention of bisexuals in the names of support and advocacy groups.

But that tension paled next to disagreements about the inclusion of transgender people, exemplified by yearly fights over whether to allow transgender women to attend the Michigan Womyn’s Music Festival.

In a thoughtful, provocative essay in  in Salon  in 2007, the gay rights advocate John Aravosis defended the absence of any reference to transgender people in the federal anti-discrimination bill on the grounds that half a loaf was better than none.

He also wrote, with brave candor: “A lot of gays have been scratching their heads for 10 years trying to figure out what they have in common with transsexuals, or at the very least why transgendered people qualify as our siblings rather than our cousins.”

“I simply don’t get how I am just as closely related to a transsexual (who is often not gay) as I am to a lesbian (who is),” he added. “Is it wrong for me to simply ask why?”

No. I knew where he was coming from. A transgender person’s experience of anatomical features unaligned with his or her psyche and soul was as mysterious to me as it was to any straight person.

But I have an overlapping history and culture with transgender people. In more fearful times, we found comfort at the same bars, safety in the same neighborhoods and reassurance from one another’s deviations from the vaunted “norm.”

Over the last decade, I’ve listened — imperfectly but earnestly — to the life stories that transgender people have courageously volunteered, and I’ve come to a better understanding of how much more lesbians, gays, bisexuals and transgender people share.

We all have firsthand experience of how unnecessarily rigid and tyrannical a society’s conceptions of manhood and womanhood can be. We all know the pain of falling outside those conceptions. We all appreciate the importance — in some cases, it’s a life-or-death matter — of freedom.

I can’t guess how much, if at all, the linkage of gay rights with transgender rights impedes the former today. Certainly any impact is diminished from 2007. I agree with Eric Marcus, the creator and host of the Making Gay History” podcast, who told me, “In the rawest tactical sense, it may cost a little, but in the moral realm, it’s worth it and right.”

Keisling drew the following connection between transgender and gay experiences and aspirations: “Being the gender you are is not the same as loving who you love, but they’re very close in terms of autonomy. And a lot of the work we’ve done together is about a mutual enemy.”

I’d add that no minority group can credibly and honorably exhort people to be high-minded while being low-minded itself.

I’ll give the last word to a 17-year-old, Gavin Grimm, the transgender student whose whose lawsuitagainst his Virginia school board will be heard by the Supreme Court next month. I asked him what, to his thinking, tied the T to the L, G and B.

“I guess I have as much in common with a gay or lesbian person as I have with anybody whose civil rights are under attack and up for debate, ” he said.

St. Augustine's beloved reform Mayor Nancy Shaver sworn in by Florida Supreme Court Justice Peggy Quince, December 1, 2014, as her daughter, an environmental scientist, holds the 1820 family Bible

Anti-TRUMP Rally at Castillo San Marco begins BEFORE the pro-TRUMP Rally

From Facebook, Terry Buckenmeyer has announced:

In response to the “Spirit of America Pro Trump Rally” there will be a “Spirit Of America Anti Pro Trump Rally” on February 27 from noon until 2::00PM. We will meet on the east side of the Bridge of Lions at 11:30AM walk across the bridge and along the bay front toward the fort. This event is not affiliated with any organization and you can bring any sign you want.

Flagler College Gargoyle


"Toxic Armories -- Every time a soldier pulled the trigger inside a National Guard gun range, a bullet cast off bits of lead."

An 18-month investigation by The Oregonian/OregonLive has found that the Guard's neglect allowed toxic dust to spread, endangering soldiers and visitors to America's armories. Read the Portland Oregonian series here. Were indoor firing ranges throughout Florida tested? No. Were they remediated? We don't know. One former indoor firing range on SR207 is now apparently used for storage -- what is stored there? Was the lead cleaned up before converting it to storage? Are our soldiers being tested for lead? We don't know. That's why I've filed Open Records requests with the Florida National Guard.

National Guard halts events in lead-contaminated armories (AP)

This story appeared in December 2016; does anyone know how many indoor firing ranges are at Florida National Guard armories and facilities? Was the Mark Lance Armory ever used for indoor firing range? (I've never been inside).

National Guard halts events in lead-contaminated armories
The National Guard has stopped all public events at toxic armories across the country in a step to prevent lead exposure

December 13, 2016
PORTLAND, Ore. (AP) — The National Guard has stopped all public events at toxic armories across the country in a step to prevent lead exposure.

The order comes a week after an investigation by The Oregonian found that lead from indoor firing ranges had contaminated hundreds of buildings, including nine in Oregon, The Oregonian/OregonLive reported (

The order, issued Dec. 6, was received by the Oregon Guard on Friday, an Oregon Guard spokesman told the newspaper. Nine Oregon armories were immediately closed to community events.

The order sets imminent deadlines, pledges federal money for cleanup and launches an effort to collect details about contaminated buildings nationwide.

Previous cleanup efforts were sidetracked partly because the Guard required states to assume most of the cost.

The national price tag of the initiative isn't clear, but cleaning contaminated armories could cost federal taxpayers tens of millions. Oregon National Guard officials estimate that taking out lead from the state's armories and repurposing firing ranges will cost $21.6 million.

Oregon spent $2 million on one armory cleaning alone. Ohio spent $3 million decontaminating armories last year.

The order comes almost 20 years after the Guard was warned that its indoor firing ranges were unnecessarily exposing soldiers and others to dangerous lead dust.

It is imperative for states to start cleaning their armories, Lt. Gen. Timothy J. Kadavy, director of the Army National Guard, wrote in the Dec. 6 order.

The order sets deadlines and provides a way for federal Guard officials to have added oversight of toxic armories. But it establishes no firm date for all armories to be cleaned.

National Guard officials did not respond to calls and emails from the newspaper for comment.


Information from: The Oregonian/OregonLive,

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Florida Supreme Court Rejects FPL Appeal on Turkey Point Power Lines in Miami-Dade County

Justices turn down FPL in power line dispute


THE CAPITAL, TALLAHASSEE, February 24, 2017......... The state Supreme Court on Friday turned down an appeal by Florida Power & Light in a case about whether the utility could be required to install underground transmission lines as part of a nuclear-power project in Miami-Dade County.

Justices, as is common, did not explain their reasons for declining to take up the case. But the decision was a victory for local governments, including the city of Miami, that have tangled with FPL about the transmission-line issue and local development regulations.

The dispute is rooted in a long-discussed FPL proposal to build two new nuclear reactors at its Turkey Point complex in Miami-Dade. In 2014, Gov. Rick Scott and the Cabinet, acting as the state's power-plant "siting board," signed off on the project.

But the 3rd District Court of Appeal sided with local governments and overturned the decision by Scott and the Cabinet. A key part of the ruling said Scott and Cabinet members erroneously determined they could not require underground transmission lines as a condition of the project approval.

"The court of appeal held that the siting board was required to apply the city of Miami's applicable land development regulations, and that the siting board erred when it determined that it did not have the authority to require FPL to install the lines underground at its own expense," attorneys for the city wrote in a brief to the Supreme Court.

In taking the case to the Supreme Court, FPL argued that the state Public Service Commission --- not Scott and the Cabinet --- has authority over issues related to installing transmission lines underground. It said the dispute involved 89 miles of transmission lines.

"This case directly affects FPL's ability to install miles of transmission lines needed to supply electricity to millions of South Florida consumers," the FPL brief said. "The (appeals court) opinion also alters the balance of power between the state's highest elected officials, sitting as the siting board, and the PSC."

The siting board also filed a brief last month asking the Supreme Court to take up the case and "reiterate the Legislature's intent that only the PSC shall regulate rates and services of public utilities."

"The 3rd DCA's decision directly affects the previously exclusive powers of the PSC," the siting board brief said. "The siting board and the PSC constitute a class of constitutional or state officers that will now separately and independently exercise the identical power to require utilities to underground transmission lines at the utility's expense."

The city of Miami, however, disputed such arguments.

"Relative to nuclear facilities, if the siting board has the authority to impose conditions on a power company (it does), then it can impose any condition without intruding on the PSC's jurisdiction," the city's brief said.

Greedy Speculator-Developer KANTI PATEL's Proposed Rezoning of Barnacle Bill's Restaurant For Parking Would Violate City Code: Capt. Lee Geanuleas, USN (Ret.)

Third installment of Capt. Lee Geanuleas's investigation of the illegal rezoning sought by greedy hotelier KANTI PATEL for a proposed MARRIOTT RENAISSANCE without underground parking.  Thank you, Lee (and Warren Celli) for running this issue to ground.

On 2/24/17 10:25 PM, St Augustine Residents Count wrote on Facebook:

Why the Planning & Zoning Board (PZB) should not rezone the Barnacle Bill’s restaurant property from Historic Preservation District 5 (HP-5) to Planned Unit Development (PUD) for San Marco Hotel parking.

Reason #3: The proposed rezoning violates our City Code

This may come as a shock to some, but we actually have a fairly well-written City Code. With last year’s updating of the ordinances dealing with Planned Unit Developments, zoning law in St Augustine is reasonably logical and fairly straight forward.

In the case of the San Marco Hotel Planned Unit Development (PUD) on the corner of W. Castillo Dr. and San Marco Ave and           the developer’s request to rezone property currently zoned HP-5 to a PUD for parking on what is now the Barnacle Bill’s lot, it is clear that such a rezoning is contrary to City Code.

Section 28-288 of the City Code specifies that, “Uses allowed in a PUD must be compatible with the property's identified Comprehensive Plan future land use designation.” As we established last night in Reason #2, the parking PUD is not compatible with HP land use. So, this one is a “no brainer.”

Section 28-289 paragraph (a) (4).b.2 states, ”For properties currently in the HP-1, HP-2, HP-3, HP-4 and HP-5 districts requesting rezoning to PUD, identification of the specific proposed benefits or enhancements to the property that promote the goals of these historic districts.”

So, a PUD in HP-5 must support the goals of the district. Well, what are these goals you may ask?

There are seven general HP goals (applicable to all five HP districts) and then HP-5 has a specific intent defined separately. First the general goals.

Division 3, Section 28-181 establishes seven general goals for the city’s HP districts. These are (with my view of whether the proposed parking PUD meets the goal in parentheses):

a) To safeguard the heritage of the city by preserving the district(s) which reflect noteworthy elements of the cultural, educational, social, economic, political and/or architectural history. (NO)
b) To educate the citizen to realize, understand, and appreciate the city's rich heritage. (NO)
c) To stimulate a greater awareness and sense of pride in the founding of the city and the contributions it has made to the state and nation. (NO)
d) To develop an atmosphere and feeling of old, historic St. Augustine by encouraging the preservation and restoration of historic structures within the districts. (NO)
e) To improve the environmental quality and overall livability of the historic section of St. Augustine. (NO)
f) To stabilize and improve property values in the district and to allow uses that encourage the restoration and conservation of historic sites and structures.(NO)
g) To promote the use and preservation of the district for the education, welfare and pleasure of residents of St. Augustine and St. Johns County, and of the state and nation as well.(NO)

Clearly, rezoning HP-5 parcels to PUD for a parking lot does not promote any of the above goals. Not shocking when you think about it.

Now, I realize that more than a few people would consider finding a parking spot in downtown St Augustine a historic event and worthy of safeguarding, but I don’t think that’s what the Code is talking about.

As for the specific intent of the HP-5 District itself, Section 28-187 describes it as “…intended to provide a mix of residential and nonresidential uses compatible with the existing historic structures and the district's relationship with surrounding neighborhoods and traffic circulation.”

Since HP-5 does not allow parking lots, a parking lot cannot be considered “compatible” with anything in the district and certainly not the surrounding neighborhood. Rezoning HP-5 parcels to PUD for a use not currently allowed in that district and not in support of any general HP district goal unquestionably does not promote the goal of the HP-5 district. Another “no-brainer,” right?

It is important to note that if the developer’s rezoning request was for a parcel in a non-HP district, Section 28-289 would not apply and, all things being equal, it might legitimately be approved. But, since it does involve an HP district and intends to establish a land use not compatible with that specific HP district or the underlying historic preservation land use specified in the Comprehensive Plan, it cannot be approved.

Now, as to the PUD itself, Section Section 28-288 (c).4 of the Code lays out very clear criteria that the PZB and City Commission must establish as “findings” in order to approve a PUD. These are (with my view of whether the proposed parking           PUD meets the goal in parentheses):
a) Permit a creative approach to the development of land; (NO)
b) Accomplish a more desirable environment than would be possible through the strict application of the existing zoning district requirements; and (NO)
c) Provide for an efficient use of land; and (Possibly)
d) Improves the appearance of the area through the preservation and enhancement of historic and natural features, recreation areas and open space, and effectively transition from existing development patterns to the PUD;(NO)
e) Provide an environment of consistent character compatible with surrounding areas; (NO)
f) Retain property values over the years. (YES)

Even giving the developer the max benefit of the doubt, he only bats two-for-six on these. Don’t think that will get his PUD into the Hall of Fame.

For any PUD or rezoning application Sec. 28-289 (c) defines the actions required of the PZB and the City Commission. Following public hearings PZB may recommend and the City Commission may enact an ordinance establishing a PUD, including any special conditions related thereto, based upon findings that (my comments in parentheses):
a) No adverse effect finding. The proposed PUD does not adversely affect the orderly development of the city (by contributing to the undermining of the HP-5 district, it adversely affects the orderly development of the city), the health and safety of residents in the area, the natural environment, the use and development of adjacent properties or the general neighborhood (The proposed PUD clearly adversely affects the adjacent properties and general neighborhood).
b) Consistency with the Comprehensive Plan and PUD regulations finding. The proposed PUD is consistent with the comprehensive plan (As discussed in Reason #2, it is not)

As laid out above, you can see our City Code does not allow creating a PUD in an HP district with a use that does not support the goals of the HP district. Simply stated, the city cannot legally rezone HP-5 parcels to PUD for parking lots.

Now, after reading all this stuff you might conclude that denial of the rezoning from HP-5 to PUD for parking is a “slam dunk.”

Well, technically you would be correct. But, as we’ve seen way too often sometimes irrelevant considerations such as: “It’s going to be so pretty,” or “She's/he’s a nice gal/guy,” get thrown out to distract the PZB or Commission from adjudicating the request based on the Comp Plan and the City Code. So, don’t think it’s as cut and dry as it looks to be on paper. After all, it’s only the City Code; we don’t really have to follow it if it’s not convenient.

Congratulations! You’ve now completed the short-course on why the PZB should not rezone the Barnacle Bill’s restaurant property from Historic Preservation District 5 (HP-5) to Planned Unit Development (PUD) for San Marco Hotel parking. And we even learned a little bit about the Holy Roman Empire along the way; how good is that?!

On behalf of St Augustine Residents Count,
Lee Geanuleas



Great presentation overall. Thanks for it!

It is a wonderful example of how the 'rule of law' SHOULD work.

It is also a wonderful example of how the 'rule of law' gets debased and is selectively enforced to favor the wealthy. A wonderful example of why people's respect for the 'rule of law' and law enforcement are currently swirling down the toilet of 'Scamerican' corruption. A wonderful example of why we now have a narcissistic, orange haired 'grab em by the pussy', 'punch them in the face', racist, fascist loser in the WHITE house.

You acknowledge that selective enforcement and corruption in law here when you say this;

"Now, after reading all this stuff you might conclude that denial of the rezoning from HP-5 to PUD for parking is a “slam dunk.”

Well, technically you would be correct. But, as we’ve seen way too often sometimes irrelevant considerations such as: “It’s going to be so pretty,” or “She's/he’s a nice gal/guy,” get thrown out to distract the PZB or Commission from adjudicating the request based on the Comp Plan and the City Code. So, don’t think it’s as cut and dry as it looks to be on paper. After all, it’s only the City Code; we don’t really have to follow it if it’s not convenient."

It is that prior past selective misapplication of law that renders it null and void and gives the applicant a leg to stand on for litigating any negative decision and thereby making it a simple might makes right money fight where the deep pockets most always prevail.

A bedrock principle of law is that all who come under its jurisdiction must be treated equally. The applicant here, if his pockets were deep enough and he so desired, could sing that unequal treatment song in our corrupt courts for many years into the future to the detriment of the city. This is similar in many ways to a cop who is discovered planting evidence. The case gets thrown out and all of his prior convictions become subject to review.

Charlemagne turned to cutting off the hands of those who debased the money supply by putting less silver in the coins. And that worked to re instill confidence for a short while but it did not solve the problem of the debased coins that were in circulation and that contributed to the collapse of his realm. The debased law, a reflection of past corruption, is now one of our paramount problems.

The take away here for me Lee, is that the system in its entirety is nearing corruption collapse. It is time to sound General Quarters — all hands to battle stations as quickly as possible.

Thanks for sharing your keen perceptive abilities and excellent communications skills for the benefit of the community.

On behalf of Intentionally Made Homeless and Oppressed Residents Everywhere Count.
Warren Celli

cc Ed Slavin

Friday, February 24, 2017


Mark Lance National Guard Armory:
 House of unAmerican activities?

St. Johns County, Florida Republicans held their Election Night and Inaugural parties at our Mark Lance Armory on San Marco Blvd., violating federal laws prohibiting political activities in National Guard facilities. I've asked the National Guard for documents, but not one has been provided yet. Coverup?

Senator Bernie Sanders (I-VT) planned a speaking engagement at a West Virginia National Guard Armory in February 2017, only to have it cancelled abruptly. Why?  Because it ran afoul of DoD law. Yet here in Governor RICHARD LYNN SCOTT's Flori-DUH, without any concerns being raised by Florida National Guard lawyers, two (2) Republican parties were held in the National Guard Armory. I requested documents and have gotten nothing.

Perhaps the U.S. Office of Special Counsel and the Inspector General of DoD will initiate federal criminal, civil and administrative investigations of the Florida National Guard for violation of federal laws, including the DoD law and the Hatch Act. Here's the article on the West Virginia National Guard's canceling Senator Sanders' speaking engagement in Welch, W.Va.

So let me get this straight: a respected United States Senator who formerly chaired the Senate Veterans Affairs Committee, who did so much for our veterans, gets publicly embarrassed by DoD and the West Virginia National Guard, banned from a National Guard Armory in McDowell County, West Virginia.

But right here in St. Augustine, where the Florida National Guard is headquartered in Our Nation's Oldest City, the Florida National Guard witnessed, permitted and facilitated two (2) Republican parties, one on November 8, 2016 (Election Night) and one on January 20, 2017 (Inauguration Day). When I requested records, I was treated disdainfully, told the record keeper for the armory was out of town last week, then this week, received no further response from MAJOR TERRENCE A, GORMAN, the General Counsel of the Florida National Guard, who identifies himself as "Airborne."


My father enlisted in the Pennsylvania National Guard in the 1930s; he loved riding horses.  He later served in the 82nd Airborne Divn., F Co., 505th P.I.R., with three combat jumps in North Africa, Sicily and Normandy.  The South Jersey Chapter of the 82nd Airborne Divn. Assn. is named the "CPL Edward A. Slavin Chapter" for my late father, who was awarded three Bronze stars, but modestly told me when I learned of it, "they gave one to everyone who jumped."  My father taught me that if you don't stand up to people with power, they walk all over you.  My Dad was the "morale non-com" as well as a de facto union steward for his fellow paratroopers: he taught me what an Inspector General can do to protect soldiers' and other peoples' rights.  This one's for you, Dad!

Here's my complaint to the Department of Defense Inspector General:

-----Original Message-----
From: Ed Slavin
To: glenn.a.fine ; public.affairs
Cc: ; tina.m.guillotte.nfg ; retlyn ; judgelitt10
Sent: Fri, Feb 24, 2017 11:51 pm
Subject: WASTE, FRAUD AND ABUSE BY FLORIDA NATIONAL GUARD, Mark Lance St. Augustine Armory -- November 8, 2016 and January 20, 2017 Republican Party events

Dear Inspector General Fine:
1. Please refer this case to a DoD IG Special Agent for immediate investigation concerning possible criminal misconduct by Florida National Guard for allowing two Republican political events in the Mark Lance National Guard Armory in St. Augustine, Florida on November 8, 2016 and January 20, 2017, and for violating Article I, Section 24 of our Florida Constitution and F.S. 119 by failing to provide documents in response to my February 13, 2017 request. Please see our correspondence, below.
2. I find MAJOR TERRENCE GORMAN's disrespectful failure to provide documents inculpatory. Please investigate.
3. What role did MAJOR GORMAN have in any coverup of the lawbreaking by FNG, and in FNG allowing two political events?
4. It is ironic that Senator Bernie Sanders' recent speech at the National Guard Armory in Welch, W.VA. was abruptly cancelled due to "DoD law" on political events, while two (2) such events were held in Florida, in St. Augustine, where our Florida National Guard is headquartered. 

5. This is not the first time that I have had to report to our DoD IG irregular, illegal and unethical activities by the Florida National Guard, which were reported in our local newspaper, which ignored the legal implications of the undisputed facts and overt acts they reported.
6. When FNG Adjutant General Douglas Burnett retired in 2010, our Florida National Guard openly, notoriously and publicly announced and planned a "flyover" by two F-15s and two F-22s for his retirement party at Camp Blanding. This lawbreaking, waste, fraud and abuse that was halted after I reported it to the Honorable Gordon S. Heddell, then Department of Defense Inspector General. 

7. Please send your best criminal investigators to conduct a thorough investigation of the Florida National Guard for waste, fraud and abuse, including contracting procedures like the ones in quo -- apparent sweetheart contracts for unlawful political activities by the St. Johns County Republican Executive Committee.

Thank you for all that you do at the DoD IG.

With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: easlavin ; ; tina.m.guillotte.nfg
Cc: scottopengov
Sent: Fri, Feb 24, 2017 5:40 pm
Subject: Re: [Non-DoD Source] Request No. 2017-55: St. Augustine Armory -- November 8, 2016 and January 20, 2017 Republican Party events.
Good afternoon:
Last week, you promised the records this week.
Please explain why you broke your word to me.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: ; tina.m.guillotte.nfg
Sent: Fri, Feb 24, 2017 12:11 pm
Subject: Re: [Non-DoD Source] Request No. 2017-55: St. Augustine Armory -- November 8, 2016 and January 20, 2017 Republican Party events.
Good afternoon:
Please provide the records today, requested on February 13, 2017, on "the two Republican Party parties held at our St. Augustine National Guard Armory on Election Night and Inauguration Day, including the lease, contract and legal approval by the National Guard Bureau."
Please provide me with the e-mail address for the Inspector General.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: ; tina.m.guillotte.nfg
Sent: Thu, Feb 16, 2017 6:40 pm
Subject: Re: [Non-DoD Source] Request No. 2017-55: St. Augustine Armory -- November 8, 2016 and January 20, 2017 Republican Party events.

Dear Capt. Gorman:
Thank you -- it was the Lance Armory, and well reported.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Gorman, Terrence A MAJ USARMY NG FLARNG (US) (US)
To: Ed Slavin ; Guillotte, Tina M NFG NG FLARNG (US) (US)
Sent: Thu, Feb 16, 2017 4:09 pm
Subject: RE: [Non-DoD Source] Request No. 2017-55: St. Augustine Armory -- November 8, 2016 and January 20, 2017 Republican Party events.


I have requested records from the records custodians with respect to the rentals requested. Your request referenced St. Augustine National Guard Armory. There are three National Guard facilities in St. Augustine, St. Francis Barracks (located on Marine Street). Robert F. Ensslin Armory (located on State Road 207) and Mark Lance Armory (located on San Marco Avenue). Your request was for documents relating to Election Day and Inauguration Day, 8 November 2016 and 20 January 2017.

St. Francis Barracks and Robert F. Ensslin Armory were not rented or otherwise occupied on 8 November 2016 or 20 January 2017, except for normal business activities of the Florida National Guard and the Department of Military Affairs. I did not limit the search to "Republican Party," instead the records reflect that no person or organization (other than the Florida National Guard and DMA for normal business) utilized the any building on that date. No records exist from these facilities that satisfy your request.

The records custodian for Mark Lance Armory is on leave this week and will return next week. I have a pending request for those documents. As soon as they research their files, I will advise you of any documents they find which satisfy your request.
If you think that I have missed something in my search or I failed to understand your request correctly, please advise.


Terrence Gorman
General Counsel
FL Dept. of Military Affairs
82 Marine Street
St. Augustine, FL 32084
SOD-C (Airborne)
Command Judge Advocate

-----Original Message-----
From: Ed Slavin []
Sent: Monday, February 13, 2017 8:05 PM
To: Guillotte, Tina M NFG NG FLARNG (US) ; Gorman, Terrence A MAJ USARMY NG FLARNG (US)
Subject: [Non-DoD Source] Request No. 2017-55: St. Augustine Armory -- November 8, 2016 and January 20, 2017 Republican Party events.

All active links contained in this email were disabled. Please verify the identity of the sender, and confirm the authenticity of all links contained within the message prior to copying and pasting the address to a Web browser.

Dear Ms. Guillotte and Capt. Gorman:
Please send me the records on the two Republican Party parties held at our St. Augustine National Guard Armory on Election Night and Inauguration Day, including the lease, contract and legal approval by the National Guard Bureau.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
< Caution- >

Pro-Trump Rally at Castillo, Noon on Monday, February 27, 2017: KKK Hoods and Robes Optional, But Bring Your Corrupt, Your Tiresome, Your Bigots and Fraidycats

Pray for these certified misguided fools.  No doubt racist sexist misogynist homophobes will be speaking and emitting hate speech, including fired REC member ROBERT THORNTON SMITH, alleged peculator of REC funds, who contrived the unconstitutional closure of four county-wide universal primaries by recruiting five sham write-in candidates; Anastasia Mosquito Control Commission of St. Johns County GARY HOWELL, a/k/a "Fifth Amendment" Howell; St. Johns County Republican Chair WILLIAM KORACH, haughty hater; Recording Secretary ERIC WEST, who allegedly battered a disabled senior citizen who was a candidate for office; and Greater St. Augustine Republican Club Chair MARTIN MILLER, who on June 13, 2016 called KRIS PHILLIPS' hate radio station and stated 49 Gay people murdered in Orlando "got what they deserved."

UPDATE: You can buy Russian flags for the event at World of Flags, 138A St. George Street.  At the CPAC event on February 24, 2017, two enterprising young anti-Trump students handed out Russian flags with the word "TRUMP" in the middle, which were promptly confiscated by humorless guards.

Four-time political candidate Rev. RON STAFFORD, an African-American and retired FDLE employee, will allegedly give the invocation for these rebarbative racist Republicans.  Say it ain't so, Rev.!  Efforts to reach Rev. STAFFORD were initially unavailing -- the phone listed for him has a full voicemail box and the phone for his church is disconnected.  UPDATE: In an exchange of Facebook messages, I asked Rev. STAFFORD to "please pray for wisdom, tolerance, equality and equity" and he agreed to do so.

"Just stand there in your wrongness and be wrong and get used to it."

For a good time, drive by the Castillo.  Celebrate democracy -- ME-Publicans' right to engage in protected activity are First Amendment rights. Do take photos of the ninnies, boobies, crackpots and Philistines who comprise our St. Johns County ME-publican party, as lugubrious a bunch of goobers who ever made a chair squeak, led by sadistic St. Johns County Sheriff DAVID SHOAR, whose name was "HOAR" until 1994, and whose internationally infamous coverup of the September 2, 2010 murder of Michelle O'Connell is well-documented and is continuing.


MARTIN MILLER, Greater St. Augustine Republican Chair: 49 murdered Orlando Gays 
"got what they deserved"

Fire County Attorney PATRICK McCORMACK For Michelle O'Connell Coverup? (Or Send Him Back to Law School for Retreading?)

Estimable St. Johns County Attorney, Coverup Artist, Constitutional Rights Violator, Obfuscator Extraordinary and Plenipotentiary from the Evil Empire of Sheriff DAVID SHOAR (whose name was "HOAR" until 1994).
Is it time for this erstwhile Navy Captain and 1994 University of Florida Law School graduate to go work for land-raping, clear-cutting, fraudfeasing, foreign-funded "developers" directly, on their payroll, instead of encumbering our County payroll and wasting the public fisc?
What criminal, civil and administrative investigations should be instituted on McCORMACK's role in covering up the Michelle O'Connell case?
What do y'all reckon?

-----Original Message-----
From: Ed Slavin
To: mwanchick
Sent: Fri, Feb 24, 2017 3:20 pm
Subject: Request No. 2017-103; Request Nos. 2016-349, 2016-281, 2016-286-293, 2015-167 & 2016-57: 4700 Sherlock Water Consumption, September 2-3, 2010

Dear Mr. Wanchick:
1. Please provide me -- pursuant to our Florida Constitution, Article I, Section 24; F.S. 119; and F.S. 119.0701 -- any St. Johns County or its government contractor or subcontractor records related to St. Johns Utilities' Johnson Controls, Inc. (JCI) Smart Water Meter records of 4700 Sherlock Place hourly water consumption, September 2-3, 2010, which I have been seeking from you, St. Johns County Attorney Patrick Francis McCormack, St. Johns County Utilities and our St. Johns County Board of County Commissioners since June 2014, nearly three (3) years ago. On the night that the late Ms. Michelle O'Connell was found shot in his home, Deputy Jeremy Banks told witnesses at the scene he had not showered. Witnesses said he "smelled like a fresh shower." Sheriff David Shoar never obtained the water use record, one of numerous ways in which Shoar is guilty of breaching the standard of care for homicide investigations.
2. On this longstanding records request on the 4700 Sherlock Place September 2-3, 2010 water use records, I spoke with St. Johns County Attorney Patrick Francis McCormack in person, once again, on Tuesday, February 21, 2017 during the BCC meeting, at my desk in the back of the room, in the presence of two (2) witnesses.
3. Again, I have requested documentation for Mr. McCormack's assertions that the water use records could not be found on the server(s) by Johnson Controls, Inc. and Sensus, the County's contractor and subcontractor for smart water meter technology. No response. Why?
4. No documents justify this bald assertion by County Attorney Patrick McCormack concerning purported inability to find our records, our right to which is engraved in our Florida Constitution, Article I, Section 24 and F.S. 119 et seq.
5. St. Johns County Sheriff David Shoar's coverup of the September 2, 2010 Michelle O'Connell two shot homicide case has continued for some 2367 days.
Sadly, County Attorney Patrick McCormack has shown himself in pari delicto with that coverup. His record stinks. 6. County Attorney McCormack told me in 2016 that he sent our St. Johns County Utilities computer servers in quo to North Carolina. I told him not to do so, and that he was endangering the chain of custody. He ignored my concerns, without giving any principled reason. Why?
7. County Attorney McCormack et al. admitted in e-mails to me during 2016 that he sent our St. Johns County Utilities servers to an unknown location in North Carolina on a "truck," with no invoice, no bill of lading or any other documentation. This is not worthy of belief. It fails the laugh test and the smell test.
8. County Attorney McCormack appears to be guilty of legal malpractice, failing to comply with the applicable standards of care, again and again. Mr. McCormack has endangered and violated our citizens' rights.
9. Is it time that County Attorney McCormack be sent "back to law school for retreading?" (in the immortal words circa 1978 of one of my mentors, former USDOL Chief ALJ Nahum Litt, then Civil Aeronautics Board Chief Administrative Law Judge, concerning a CAB General Counsel who was insouciant to airlines' Due Process rights on deregulation).
10. If St. Johns County Attorney Patrick Francis McCormack will not comply with the reasonable expectations of probity, with Article I, Section 24 of our Florida Constitution and with F.S. 119, I am willing to recommend that our St. Johns County Board of County Commissioners kindly consider non-renewal of his contract when it comes up for SJCBCC review this year.
11. Mr. Wanchick, you have heard me speak several times to our BCC about this request. What have you done to facilitate a response? On the 4700 Sherlock Place water use records for September 2-3, 2010, as our United Nations Ambassador, Adlai Stevenson, said to the Soviet delegate to the United Nations on October 25, 1962, during the Cuban Missile Crisis, "I want to know if I understood you correctly. I am prepared to wait for my answer until hell freezes over, if that’s your decision. And I am also prepared to present the evidence in this room."
12. Will you please acknowledge today the complaint that I filed against Mr. McCormack yesterday, and kindly add this document to the personnel and disciplinary file for St. Johns County Attorney Patrick Francis McCormack?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: mwanchick ; pmccormack
Sent: Mon, Sep 19, 2016 3:01 pm
Subject: Re: Requests No. 2016-349, 2016-281, 2016-286-293, 2015-167 & 2016-57: 4700 Sherlock Water Consumption, September 2-3, 2010

Dear Messrs. Wanchick and McCormack:
Please respond.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: mwanchick ; pmccormack
Sent: Fri, Sep 9, 2016 4:11 pm
Subject: Re: Requests No. 2016-349, 2016-281, 2016-286-293, 2015-167 & 2016-57: 4700 Sherlock Water Consumption, September 2-3, 2010

Dear Messrs. Wanchick & McCormack:
1. Please respond. Now. Today.
2. Or are you invoking your self-incrimination privilege under the Fifth Amendment to the United States Constitution?
3. "You have the right to remain silent," but we wish you wouldn't.
4. Talk to me.
5. Please call me to discuss the server that you put on a "truck," and the status of the search for this basic data, which was apparently never requested by the estimable Sheriff, DAVID SHOAR f/k/a "HOAR" or by FDLE or by three incurious Florida State's Attorneys.
6. I am ready for your telephone call(s).
7. The whole world is watching.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: mwanchick ; pmccormack
Sent: Mon, Sep 5, 2016 10:23 pm
Subject: Re: Requests No. 2016-349, 2016-281, 2016-286-293, 2015-167 & 2016-57: 4700 Sherlock Water Consumption, September 2-3, 2010
Dear Messrs. Wanchick and McCormack:
What is the status of the work on the server(s) in quo?
Please respond.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

-----Original Message-----
From: Ed Slavin
To: mwanchick ; pmccormack
Sent: Fri, Aug 26, 2016 3:12 pm
Subject: Requests No. 2016-349, 2016-281, 2016-286-293, 2015-167 & 2016-57: 4700 Sherlock Water Consumption, September 2-3, 2010
Dear Messrs. Wanchick and McCormack:
Please provide the public records on hourly 4700 Sherlock water consumption, September 2-3, 2010.
We have been seeking them since 2014.
No more delays or condescension is desired or required.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

Here's the trail of only the latest e-mails, on the charade of his response to a June 2014 request on  the September 2, 2010 homicide of Michelle O'Connell in the home of St. Johns County Sheriff's Deputy JEREMY BANKS: