Friday, August 03, 2007

Thursday, August 02, 2007

Saving Our History and Nature -- St. Augustine National Historical Park, National Seashore and National Scenic Parkway

Our Nation's Oldest (European-foonded) City is worth saving. Together, we can do it.

I spoke August 1st with University of Florida Vice President Ed Poppell about the $22.5 million pricetag to repair historic buildings. Our incompetent City Manasger, WILLIAM B. HARRISS, and ineffectual City Commissioners have created yet another mess.

The solution was proposed on November 13, 2006, at a City Commission meeting, when I first raised the issue of the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway. I next raised the idea at the meeting of our County's legislative delegation in December and in St. Augustine Record columns (see below). In rsponse, four out of five County Commissioners and Commissioner and former Mayor GEORGE GARDNER are supportive of the idea.

Let's get this City moving again and in the right direction. We need no more cronyism, flummery, dupery, illegal dumping, speculator-coddling or waste, fraud and abuse. We need a national park, national seashore and scenic coastal highway.

St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Act of 2007 I’ve revised the draft federal legislation to set up a national historical park, seashore and scenic coastal highway here.

Our Nation’s Oldest City survived being burnt to the ground by the British, pirates, epidemics and economic disasters.

Our Nation’s Oldest City can likewise survive the uglifying developers and have a national park by 2013/2015 (500th anniversary of Spanish explorers and 4S0th of Augustine’s founding, respectively), preserving our nature and history and honoring Native-American, African-American, Spanish, British, French, Civil War, Civil Rights and American history here.

I’m optimistic that, working together, we can get Congress to create a national park here. See below. I’ve gotten positive feedback from citizens and elected officials since I first proposed it on November 13, 2006.

Please share any and all comments with Ed Slavin, Box 3084, St. Augustine, Florida 32085- 3084, 904-471-7023, 904-471-9918 (fax). Here’s the draft below:
-----------------------
110th Congress, 1st Session,
S. _____
A BILL
St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Act of 2007


A BILL to amend Title 16, United States Code, to establishing the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway and associated Advisory Commission, authorizing donations and purchase of land, authorizing appropriations and for other purposes.

Section 1: Short Title. This Act may be cited as the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Act.

Section 2: Title 16, United States Code Section 410 is amended by adding a new section at the end thereof, as follows:
410______ St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway

(a) Findings and purposes
(1) Findings

The Congress finds that

(A) the St. Augustine National Historic District and associated historic sites, including those described in subsection (c)(2) of this section, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of our Nation’s Oldest continually-occupied European-founded city;

(B) the City of St. Augustine was founded by the Spanish explorer Pedro Menéndez de Avilés on September 8, 1565 and retains significant archaeological, architectural features, archival materials, and museum collections illustrative of the Spanish, Minorcan, Greek and British colonial periods;

(C) St. Augustine’s historic resources provide unique opportunities for illustrating and interpreting indigenous (Native-American), African-American, Spanish, Minorcan, Greek, British, American colonial, Civil War and Civil Rights history and Northeast Florida’s contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment;

(D) The year 2013 marks the 500th anniversary of the arrival of Spanish explorers and colonists on these shores and 2015 marks the 450th anniversary of the City of St. Augustine; and

(E) the National Park System presently contains only two small National Monuments associated with one part of St. Augustine’s 11,000 years of human history.

(F) St. Augustine and St. Johns County are imbued and blessed with great natural beauty and biodiversity, including threatened and endangered species, including beach mice, butterflies, bald eagles and manatees.
(G) The St. Augustine area’s precious environmental, historic and cultural heritage is in danger of destruction due to large-scale, rapid development and a lack of planning for parklands, preservation and public transportation.
(H) Several significant properties have been lost to development forever and more are imperiled.
(I) Roads are clogged and the enjoyment of the area’s beauty is marred by lack of public transportation
(J) There is an urgent need for action on the part of the federal government to preserve the history and beauty of the area and to provide public transportation to serve the millions of visitors annually, while relieving local residents from traffic congestion, air pollution and energy waste associated with rapid development.

(2) Purposes
The purposes of this section are

(A) to help preserve, protect, and interpret the resources within the areas described in subsection (c)(2) of this section, including architecture, seashores, vistas, settings, and associated archival and museum collections;

(B) to collaborate with the cities of St. Augustine and St. Augustine Beach and the government of St. Johns County, Florida and with associated historical, cultural, environmental, tourism and preservation organizations to further the purposes of the park established under this section;
(C) to provide opportunities for the inspirational benefit and education of the American people; and
(D) to preserve St. Augustine’s history and natural beauty for future generations.

(b) Definitions
For the purposes of this section
(1) the term park means the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway established by subsection (c) of this section; and
(2) the term Secretary means the Secretary of the Interior.

(c) St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway
(1) Establishment
In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts, structures, lands, waters and relics located in and near St. Augustine, Florida, and associated with the history of indigenous (Native-American), African-American, Spanish, Minorcan, Greek, British and colonial peoples and related social and economic themes in America, there is established the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway.
(2) Boundaries
(A) The boundaries of the park shall be those generally depicted on the map numbered _____and dated _____. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in clauses (i) through (xx) and such map, such map shall govern. The park shall include the following:
(i) The area included within the City of St. Augustine Historic Preservation Districts;
(ii) Anastasia State Park;
(iii) Castillo de San Marcos National Monument and the associated Cubo Line and St. Augustine City Gates sites;
(iv) Fort Matanzas National Monument;
(v) Plaza de la Constitución (Slave Market Square);
(vi) Deep Creek State Forest;
(vii) Faver-Dykes State Park;
(viii) Fort Mosé State Park;
(ix) Guana Tolomato Matanzas National Estuarine Research Reserve (GTM NERR);
(x) Watson Island State Forest;
(xi) St. Johns River Water Management District’s Twelve Mile Swamp, Deep Creek, Matanzas Marsh Moses Creek and Stokes Landing reservations located in St. Johns County, Florida;
(xii) Designated portions of the seashore owned by St. Johns County, Florida between the Duval and Flagler County lines;
(xiii) Designated portions of U.S. Route A1A between the Duval County and Flagler County lines;
(xiv) Designated portions of U.S. Route 1 between the Duval County and Flagler County lines;
(xv) The former Ponce de León Golf Course, Red House Bluff, Magnolia Avenue and other indigenous (Native-American) sites set forth in the map labeled as ______ and dated _________;
(xvi) Matanzas River between the Matanzas Inlet and its headwaters, including submerged lands and underwater artifacts
(xvii) St. Augustine Seawall;
(xviii) State-owned historic buildings deeded to the University of Florida;
(xix) beaches, submerged lands, marshes and other areas that are owned by the cities of St. Augustine and St. Augustine Beach and by the State of Florida in trust for the people of Florida, including marshes, reefs, shorelines and underwater archaeological artifacts;
(xx) Marineland, operated by the University of Florida;
(xxi) Such other areas and sites as Congress may in the future designate by legislation.
(B) In addition to the sites, areas, and relics referred to in subparagraph (A), the Secretary may assist in the interpretation and preservation of each of the following:
(i) Government House;
(ii) Spanish Quarter Village Living History Museum;
(iii) Lincolnville Historic District;
(iv) Designated Civil Rights sites;
(v) Lightner Museum and City Hall (former Alcazar Hotel);
(vi) Old St. Johns County Jail;
(vii) Alligator Farm Zoological Park;
(viii) Old St. Augustine Village;
(ix) St. Augustine Historical Society and Research Library;
(x) St. Augustine Lighthouse and Museum and the Lighthouse Archaeological Maritime Program (LAMP);
(xi) Ximinez-Fatio House;
(xii) St. Photios National Shrine;
(xiii) Mission de Nombre de Dios;
(xiv) Fountain of Youth Historical Park;
(xv) Gonzalez-Alvarez House (Oldest House);
(xvi) Oldest School House;
(xvii) Ponce de León Hotel (now part of Flagler College);
(xviii) Excelsior School Historical Museum;
(xix) Bridge of Lions;
(xx) St. Augustine Cathedral-Basilica;
(xxi) Grace United Methodist Church;
(xxii) Trinity Episcopal Church;
(xxiii) Ancient City Baptist Church;
(xxiv) Sons of Israel Congregation;
(xxv) Florida School for the Deaf and Blind;
(xxvi) National Guard Headquarters (former Franciscan Monastery or Priory);
(xxvii) St. Augustine National Cemetery and other historic cemeteries, including but not limited to the Huguenot, Tolomato, Evergreen, San Sebastian, Pinehurst, Woodlawn and other historic cemeteries;
(xxviii) Zorayda Castle;
(xxix) Casa Monica Hotel and other Henry Flagler era sites; and
(xxx) Flagler Model Land Community.

(d) Related facilities
To ensure that the contribution of all people in St. Augustine’s history, including indigenous (Native-American) and of African-American people, are fully recognized, the Secretary shall provide
(1) financial and other assistance to establish links between the St. Augustine National Historical Park, National Seashore and Scenic Parkway and local organizations.
(2) appropriate assistance and funding to establish a St. Augustine National Civil Rights Museum and a St. Augustine Indigenous Tribal Cultural Center.
(3) suitable off-site locations for park vehicles, trolley cars, maintenance facilities, warehouses and offices.
(4) suitable locations for archives, to make them available to scholars, researchers, genealogists and the general public at a suitable hurricane-resistant location in St. Augustine or St. Johns County, Florida.
(5) a reliable source of coquina for repairs to the Castillo de San Marcos, Fort Matanzas and other historic properties, trolley car routes, right-of-way features, roadbuilding, sidewalks and landscaping consistent with historic preservation principles.
(6) educational programs in conjunction with the University of Florida to provide cooperative educational arrangements for graduate students to work and live in the St. Augustine National Historical Park, National Seashore and provide archaeological and interpretation services on a continuing basis.

(e) Administration of park
(1) In general
The park shall be administered by the Secretary in accordance with this section and the provisions of law generally applicable to units of the National Park System, including sections 1, 2, 3, 4, and 461 to 467 of this title.
(2) Cooperative agreements
(A) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.
(B) Any payment made by the Secretary pursuant to a cooperative agreement under this paragraph shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.
(3) Non-Federal matching requirements
(A) Funds authorized to be appropriated to the Secretary for the purposes of
(i) cooperative agreements under paragraph (2) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and
(ii) sustainable, carbon-neutral, environmentally-friendly construction, restoration, and rehabilitation of visitors and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources.
(B) For the purposes of this paragraph, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this section, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non-Federal source may be considered as a contribution of funds from a non-Federal source for the purposes of this paragraph.
(4) Acquisition of real property
For the purposes of the park, the Secretary may acquire by donation or purchase from a willing seller such lands, interests in lands, and improvements thereon within the park boundaries as are needed for historical and environmental preservation and essential visitor contact and interpretive facilities. The Secretary may acquire land or structures through condemnation if necessary to preserve them from destruction.

(5) Other property, funds, and services
The Secretary may accept donated funds, property, and services to carry out this section.

(f) General management plan
Not later than October 1, 2008, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park, in consultation with the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Advisory Commission created in subsection (g), and shall implement such plan as soon as practically possible. The plan shall include a cost- effective, sustainable, carbon-neutral, environmentally-friendly means of transporting visitors and residents to and through the park’s locations, using trolley cars resembling those in use in St. Augustine, Florida in 1928, with the goal of reducing hydrocarbon consumption, traffic congestion, air pollution and damage to historic structures. The plan shall be prepared in accordance with section 1a 7 (b) of this title and other applicable laws and may include suitable recommendations to Congress for modifications of the approved park boundaries and this Act.

(g) St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Advisory Commission
(1) Establishment; termination
There is established a St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Advisory Commission (hereinafter referred to as the Commission ), to be governed by the Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2, with a fairly balanced membership and open meetings and financial disclosures as required by FACA. The Commission shall terminate October 1, 2019.

(2) Membership; term

The Commission shall have a fairly balanced membership, embracing diverse persons knowledgeable of history, ecology, anthropology, archaeology, mass transit and trolley car systems and tourism and shall include a balanced group of residents, scholars, environmental, civil rights and civic activists and businesspeople, and will be composed of twelve diverse members, each of whom shall be appointed without regard to political affiliations or beliefs for a term of two years by the Secretary as follows:

(A) Two members to be appointed from recommendations made by the City of St. Augustine, Florida, City Commission;

(B) Two members to be appointed from recommendations made by the City of St. Augustine Beach, Florida, City Commission;

(C) One member to be appointed from recommendations made by the City of Palatka, Florida and the Town of Hastings, Florida, City Commissions;
(D) Two members to be appointed from recommendations of the Board of County Commissioners of St. Johns County, State of Florida;

(E) Two members to be appointed from recommendations of the Governor of the State of Florida;

(F) Two members to be appointed from recommendations by the President of the University of Florida; and
(G) Two members to be designated by the Secretary.
(3) Chair; vacancies
The Secretary shall designate one member to be Chair. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(4) Compensation and expenses

A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities upon vouchers signed by the Chair.

(5) Majority vote

The Commission established by this section shall act and advise by affirmative vote of a majority of the members thereof.

(6) Consultation of Secretary with Commission

The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to the plan required in subsection (f) and all matters relating to the creation and preservation of St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway and shall consult with the members with respect to carrying out the provisions of sections ____ of this title.

(7) Advice of Commission for commercial or industrial use permits and establishment of public use areas for recreational activities

No permit for the commercial or industrial use of property located within the seashore area of the park shall be issued by the Secretary, nor shall any public use area for recreational activity be established by the Secretary within the seashore area of the park, without the advice of the Commission.


(h) Authorization of appropriations

(1) In general
Except as provided in paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park and to carry out the activities under subsection (d) of this section.
(2) Exceptions
In carrying out this section
(A) not more than $35,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage;
(B) none of the funds authorized to be appropriated by this section may be used for construction of any new building on Avenida Menéndez across from the Castillo de San Marcos National Monument. A central St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Visitor Center shall be built in one or more historic or restored buildings along or adjacent to St. George Street; and
(C) not more than $2,000,000 annually of Federal funds may be used for interpretive and education programs pursuant to cooperative agreements under subsection (e)(2) of this section.

Section 3: Effective Date. This Act shall take effect within 30 days of the date of enactment.

Section 4: Severability Clause: In the event that any portion of this Act is held unenforceable, it shall be severed from the rest of this Act.



-30-

Wednesday, August 01, 2007

"IT's CROOKED AROUND HERE"

---- David Brian Wallace, shortly after our moving to St. Augustine in 1999.

Truer words were never spoken about St. Augustine and St. Johns County, Florida.

We're going to clean up this city and county, its government agencies, and all their works and pomps.

We appreciate your help, your ideas and your energies. Our American Founders pledged their "lives, their fortunes and their sacred honor" to preserving liberty.

As good Americans, we pledge no less. We won't cower to power.

Expose corruption every day! To blow the whistle, call, fax or E-mail.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-471-7023
904-471-9918 (fax)
EASlavin@aol.com

ANASTASIA MOSQUITO CONTROL DISTRICT OF ST. JOHNS COUNTY BOUGHT A $1.8 MILLION BELL HELICOPTER WITHOUT COMPETTIVE BIDDING, SUPPRESSING PUBLIC DISSENT



The Bell Jet Ranger Helicopter, ordered by prior Commissioners without competitive bidding, unadorned by any orders for any mosquito control tankers/nozzles, but complete with seating for six, $28,000 three-color paint job, headphones, electronic doors, map pockets and every other available flubdub, while our county cancels health care for 6000 poor people.

DORAN, WOLFE, ANSAY & KUNDID ATTORNEY AUDRIE M. HARRIS DISCUSSED THEIR PLANS IN AN INADVERTENTLY VIDEOTAPED SUNSHINE VIOLATION....



AUDRIE M. HARRIS

INVOLVING BOARD CHAIRMAN BARBARA BOSANKO TALKING ABOUT CALLING SHERIFF AND ST. AUGUSTINE RECORD TO SILENCE CITIZEN CONCERNS ABOUT HELICOPTER



AMCD BOARD CHAIR BARBARA BOSANKO

CLAIMING THAT AMCD COMMISSIONER LINDA WAMPLER WAS NOT PART OF THE CONVERSATION, WHEN SHE WAS VIDEOTAPED SPEAKING TO BOSANKO AND HARRIS....



AMCD BOARD MEMBER LINDA WAMPLER

SO STATE'S ATTORNEY JOHN TANNER HAS SENT A TAPE OF THIS ILLEGAL MEETING TO THE FLORIDA CRIME LAB FOR ANALYSIS




Crime Scene?: At top left, DORAN, WOLFE, ANSAY & KUNDID (DWAK) ATTORNEY AUDRIE M. HARRIS. ANASTASIA MOSQUITO CONTROL COMMISSION CHAIR BARBARA BOSANKO AND AMCD BOARD MEMBER LINDA WAMPLER (at rear) DISCUSS CALLING SHERIFF, ST. AUGUSTINE RECORD TO SUPPRESS CRITICISM OF HELICOPTER (as former Chase Manhattan Bank Assistant Vice President Roger Van Ghent, Commissioner Emily Hummel and Commissioner Jeanne Moeller leave the meeting room at July 10, 2007 continued meeting, after BOSANKO AND WAMPLER called the Sheriff, demanding arrest of four St. Johns County citizens criticizing purchase of $1.8 million Bell Jet Ranger helicopter without competitive bidding, flyoff or bid specifications -- a helicopter that is as suitable for mosquito control as a Rolls Royce is for use as a snowplow -- see the columns by Robin Nadeau and Donald Girvan, below).

Commissioner SUSAN BURK Voted FOr EX-BOYFRIEND ROBERT MICHAEL GRAUBARD'S CONDO/STRIPMALL AT 3000-4000 YEAR OLD INDIGENOUS VILLAGE



Controversial longtime St. Augustine Commissioner SUSAN BURK voted on January 9, 2006 in favor of a Planned Unit Development (PUD) by 3000-4000 year old indigenous village (see below).

Only then-Mayor GEORGE R. GARDNER voted agaist the project on January 9, 2006.

COmmissioner SUSAN BURK did not disclose the relationship with ROBERT MICHAEL GRAUBARD, who stands accused of a "fraudulent scheme" by the Ponce family over the CONCH HOUSE MARINA and CONCH HOUSE BUILDERS project.

As recently as June 11, 2007, during a recess of the City Commission meeting, ROBERT MICHAEL GRAUBARD kissed Commissioner SUSAN BURK.

Pursuant to National Response Center Report No. 844088, federal, atate nad local investigators and regulators have been alerted to ROBERT MICHAEL GRAUBARD's RED HOUSE BLUFF building (see below).

Will Commissioner SUSAN BURK kindly answer the questions about her agreements, understandings and relationships with ROBERT MICHAEL GRAUGARD.

As indisputably and irrefragably stated last year in paragraph 41 of the April 20, 2006 environmental whistleblower complaint against the CITY OF ST. AUGUSTINE and Commissioners in their individual capacities (not asking for taxpayers to pay for City burgher's torts):

Respondent Commissioner SUSAN BURK is a local domestic relations lawyer who has zealously defended the rights of women. Her alleged ex-boyfriend, ROBERT MICHAEL GRAUBARD, is a developer who received City permission to build projects in wetlands, including condominiums and a strip mall on a sacred Indian site that may contain 2000-4000 year old religious sites and burial sites. GRAUBARD should be interviewed to confirm statements he has allegedly made, bragging about monies he contributed to elect Respondent BURK. Commissioner BURK has previously shown her willingness to engage in flummery regarding possible illegal conduct by Respondent CITY MANAGER WILLIAM B. HARRISS. On or about April 11, 2005, Respondent HARRISS came up to me without introducing himself and threatened me with arrest for disorderly conduct after a City Commission meeting in which I had raised concerns about the City’s annexation policies, the Voting Rights Act being violated by those annexation policies, and environmental concerns about one annexation (suggesting a motion to table, which the Commissioners passed). In response to concerns about Respondent HARRIS’ threats Respondent BURK sent an E-mail denying this conversation had taken place, claiming that she had exited the room with him. Commissioner BURK sent her denials of HARRISS’ threats by E-mail to her fellow Commissioners. Commissioner BURK’s denials were then rebutted immediately by an affidavit I had already secured from a witness, Ms. Sue Neely, who heard HARRISS’ threats. Commissioner BURK did not further respond regarding HARRISS’ threats. Her angry denial that they took place -- and Respondent HARRISS’ joking publicly about her frequently changing her mind -- makes her an unreliable witness, whom the investigator should approach with caution. Other persons speaking from the audience without officially recognized are not arrested or threatened with arrests, including developers, City Chief Administrative Officer Timothy Burchfield and Respondents HARRISS and WILSON, who make remarks and talk while other persons are speaking without censure or sanction. This situation of the laughing, talking and immaturity of Burchfield, HARRISS and WILSON is known to Commissioners, who have done nothing to inculcate respect by City employees for persons engaged in protected activity..

Will Commissioner BURK come clean about her voting on her ex-boyfriend's projects?

Will Commissioner BURK vote to reconsider the January 9, 2006 PUD approval rubberstamped in derogation of her duties to uphold the laws pursuant to Article VI of the United States Constitution and the Flofida Constitution?

Will Commissionser BURK recuse herself?

Will Commissioner BURK be investigated by federal and state law enforcement?

Will Commissioner BURK resign?

NATIONAL RESPONSE CENTER REPORT NO. 844088 -- ROBERT MICHAEL GRAUBARD BUILDING ROADS BY 3000-4000 YEAR INDIGENOUS VILLAGE SITE

This week, while he's being sued for fraud by the Ponce family adn his financial empire is crumbling, New York real estate speculator ROBERT MICHAEL GRAUBARD is moving dirt and building roads at the site of a 3000-4000 year old indigenous village, RED HOUSE BLUFF, on RED HOUSE BRANCH.

The report has been referred to EPA Region 4, the Florida Department of Environmental Protection, the Coast Guard and the St. Johns River Water Management District. The report below is adapted and updated from the 2006 Collective Press article on the subject:


Possible Indian Chief’s Burial Site:
City Votes Condos, Strip Mall Over Wetland and Ancient Indian Village
By Ed Slavin


The Nation's Oldest City has ancient roots, including an Indian village here 2000 years before Jesus Christ was born, located near St. Augustine High School, with possible Indian burials.

On January 9, 2006 St. Augustine City Commissioners voted 4-1 to approve the proposal of developer Robert Graubard (Conch House Investments, Ancient City Realty), to build condominiums and a strip mall on a 16 acre property annexed into the city in 1997. Only then-Mayor George R. Gardner dissented.

ROBERT MICHAEL GRAUBARD is now being sued by the Ponce family over alleged fraud involving the CONCH HOUSE condo project; one of his partners is a convicted bank and wire fraud felon who was under indictment when the CONCH HOUSE deal closed.

The vote approved deeding three acres of land to the city for a possible park. The 4-1 vote raises unanswered questions about building on a wetland that drains Twelve Mile Swamp and potentially destroying an ancient Indian village that is 4000 years old.

Commissioners noted that developers initially listed six acres as wetland, then claimed there were no wetlands. The change was not coherently explained.It is now being investigated.

United States Army Corps of Engineers (USACE) Inspector General Bob Jones in Northern Virginia has referred the six acre wetland matter to the District Engineer in Jacksonville for possible enforcement action. USACE’s District Engineer has no application from the developer for a permit to fill in the wetland. Neither does the St. Johns River Water Management District (SJRWMD). The state and federal agencies are investigating.
Possible Indian Tribal Chief’s Burial Site

ROBERT MICHAEL GRAUBARD hired the archeological consulting firm of Environmental Services, Inc. (ESI), which dug widely spaced holes on the land in 2003 and found large quantities of pottery and over a kilogram of long bone fragments in a 306 square meter rise. Then the work stopped, despite ESI’s recommendation for further investigation. The long bones were never chemically analyzed to determine if they were human. A state form was filled out claiming only animal bones were involved.The developer sidestepped the issue of possible Indian graves.
ESI concluded that Red House Bluff involved possible "prehistoric land altering activities" and a "largely intact cultural resource associated with the Late Archaic and Late Woodland periods," a time period that spanned 2000 years before Christ was born to 750 A.D.

ESI concludes, "Two dominant cultural concentrations, the Orange and St. Johns, yielded cultural concentrations that can contribute significant new information toward the better understanding of these periods in Northeast Florida." ESI concluded that the site is potentially eligible for listing in the National Register of Historic Places and should be preserved. If preservation is not a viable option, then additional work would be necessary to determine eligibility status."
The project avoided archeological or wetlands scrutiny by state and federal officials until after it received City Commission approval in 2006. The Florida Archeological Site Form was filled out unconventionally in 2003 Three questions on whether the site is eligible for inclusion in local or national historic preservation listings are answered not with an X in a box marked yes or no, but with a notation, "Insufficient info."

A box checked on the form answered that bones found were animal, not human -- but no faunal chemical analysis was ever performed to determine the answer.
ESI typed on the unsworn form, "Phase I investigation revealed a moderate to high density artifact concentration south of Red House Branch. Pottery associated with the Late Archaic through Late Woodland [Periods] were recovered from intact strata. The potential for additional work to produce significant information is high."

The form also reiterates that "Further work is recommended." No further work was ever performed. University of Florida Anthropology Department Interim Chairman Dr. Kenneth Sassaman was surprised that there was no Phase II.
The’s state archeological form requires no signature or oath. How many government forms have you ever seen like that?

ESI’s consultant's archeology report was never sent to the state by the consultant or Graubard. Graubard is also the developer of Conch House Marina Resort condominiums, refusing to tell the St. Augustine Record names of out-of-county investors.

Florida's Bureau of Historic Protection (BHP) and Bureau of Archeology had no immediate comment on what steps might be taken. After Robert Handley, the ESI study author, was contacted by CP, he spoke with BHP’s Laura Kammerer, stating there was only an Indian "shell midden" (seashell disposal pit). ESI’s shell midden claim is contradicted [by ESI's own[ report and ridiculous, says Dr. Kenneth Sassaman (noting that the word shell does not appear in ESI’s report).
Dr. Sassaman says that the long bones found in the 306 square meter rise on the property and surviving long bone fragments in sand are consistent with an Indian burial site for an honored tribal member (chief, shaman, lineage head or elder). This fact may trigger laws protecting human remains and may explain why a park was deeded to the City.

Dr. Sassaman says that further study is required. I wonder why they didn’t investigate that rise a bit more -- it could be human ... it’s a business -- there are constraints upon how {ESI] operate{s].

If funding is available, UF may send graduate students to investigate.

Dr. Sassaman says what [ESI] recommended triggers the next step, which will include controlled test pitting and mapping, examination of layering, identification of other features present like pits, post holes, houses and mortuary remains Dr. Sassaman said that if the work was for a wetlands permit, the developer just can’t stop work. The new work will help the state determine what mitigation is required.

City Archeologist CARL HALBIRT told CP that, outside the ordinary course of business, he was never provided the ESI report by the City Planning and Zoning Department, of which his office is a part. Hirlibrt is now scrutinizing the report.
Hirlbirt said that the Indian village was known 20 years ago, but that there has still not been a thorough archeological investigation of artifacts that range in age from "4000 years ago to roughly 1000 years ago."

Preserving Indian History, Reconsidering Vote

Florida's Republican Governor Jeb Bush and Legislature starved archeological and historical agencies for funds. In today's political climate, historic Indian villages can easily be obliterated by developers. "That happens quite often," state archeologist Andrea White told us. Compared to construction, paving over a site is often "the best thing you can do." Limited imaginations sometimes confound, confine and cabin government officials’ options -- few think outside the box in the system in which they have worked for so long.

Of course, even the ESI report suggests that there are third and fourth options -- listing on the National Register of Historic Places and protection by the National Park Service (NPS) -- as was done with the Castillo de San Marcos National Monument (1924) and NaNa (2004).NaNa is an ancient 60 foot sand dune in American Beach. NaNa was added to the NPS’ Timucuan Preserve under legislation sponsored by Senator Bill Nelson (D-Fla) and supported by the late African- American activist MaVynee Betsch ( the Beach Lady ), preserving part of the traditionally African-American vacation community encroached upon by developers of Amelia Island Plantation.

The U.S. Government, State of Florida or City of St. Augustine may legally use eminent domain for public purposes. St. Augustine Historical Architecture Review Board (HARB) Chair Dana Ste. Clair proposed using eminent domain last year in a case where a landowner wanted to raze an historic home on Marine Street.

Mayor George Gardner told CP that the City's January 9, 2006 approval of a Planned Unit Development could be reconsidered, but that only one of the City Commissioners who voted in favor of it could make the motion under Roberts' Rules of Order. Mayor Gardner said, "Our city is all about history and we are all very sensitive to any archeological site" and that such sites help "to fill in the blanks in our history." He said he was "confident that staff archeologist Carl Hilbirt" now "will do it the right way... I appreciate that you were able to pick up on this and bring it to his attention... it might not have occurred otherwise... as with most laws and regulations, enforcement depends on us as residents of the area to make officials aware when these things occur... to make sure the right thing is done."
No public speaker supported the project and six were opposed (including Diane Mills, Debra Andrews, David Thundershield Queen and this writer). Attorney Debra Andrews represented neighbor Diane Mills, an adjoining resident who opposed the development. Attorney George McClure (Rogers Towers) represented Graubard. Efforts to obtain comment from Graubard, Andrews and McClure were unsuccessful.

Ms. Andrews’ and citizens’ videotape and photographs were unshared with the television audience (for "technical" reasons, the City staff claimed).This is flummery.

The city's pro-developer procedures are neither fair nor balanced.The process is Kabuki theater. It generates more heat than light.The developers nearly always win.McClure in particular has been blasted by the Folio Weekly Editor Anne Schindler for threatening even less desirable uses of land to get his client’s way. Pro-developer government lawyers and other public officials cave in at the slightest threat of developer litigation, while rarely rejecting proposals outright and rarely negotiating with any firmness.

Developer attorneys are unsworn and permitted the last word. Citizen time is artificially limited. Citizen questions and concerns are unanswered.
Developers are in control. In 2006, they are destroying the character of the Ancient City daily, moving faster than a speeding dump truck.

Sometimes a lot gets missed -- seaside splendor and historic structures.This time, the Ancient City’s Commissioners failed to protect a six acre wetland and a 4000 year old Indian village and possible burial site of a tribal chief or elder.
Asked to reconsider at their January 23 meeting, the City Commissioners did not ask a single question or make any comments or make any motions or take any vote.
Later, an ungrammatical and inaccurate "report" was provided by City Archaeologist CARL HALBIRT, who reports to PLANNING AND ZONING DIRECTOR MARK KNIGHT.
They have the right to remain silent, but we wish they wouldn’t.

Take Action:

The next Commission meeting is August 13, 2007: local activists are again expected to speak. Like all good diplomats, they won’t take no for an answer. Any one of four Commissioners Vice Mayor Susan Burk, Donald Crichlow or Joseph Boles or Errol Jones (who all supported the developer on January 9, 2007 ) may move to reconsider under Roberts’ Rules of Order. Then-Mayor George Gardner was the only dissenting vote on ROBERT MICHAEL GRAUBRD's RED HOUSE BLUFF PROJECT.

Come to the Commission meeting in the Alcazar at City Hall (the Lightner Museum Building). Fill out speaker cards at 5 PM and speak during public comment periods at the beginning and end of the meetings.

-30-

Guest Column: Audience was not unruly at mosquito board meeting

Guest Column: Audience was not unruly at mosquito board meeting



ROBIN NADEAU
St. Augustine
Publication Date: 08/01/07


This letter concerns a story in Thursday's Record about the July 10 workshop of the Anastasia Mosquito Control Board.

The story said "At the July 10 meeting, the board members became stressed during a budget review as audience members stopped the proceedings by yelling and refusing to keep order." Later in the story, (Board member) Linda Wampler is quoted as saying, "They were screaming and yelling about civil rights...."

These are complete misrepresentations of the facts (as I believe the taped record illustrates). There was no "yelling or screaming."

Chairwoman Barbara Bosanko has repeatedly allowed her "expert" witnesses to take an unlimited amount of time to describe the merits of the purchase of the $ 1.8 million helicopter.

However, public comment is restricted to three minutes.

On July 10, an expert who testified against the purchase of the $1.8 million helicopter, Don Girvan, a former Army captain, pilot, and, since retirement, a businessman, stated that a Sikorsky helicopter, specifically designed for spraying against mosquitoes, sells for $351,000.

As he continued his testimony, underlining the fact that this purchase had not been open for bids, as is required by law, etc., Bosanko wielded her gavel, interrupting his delivery, stating that his three minutes had elapsed. Bosanko liberally uses her gavel to quash any commentary that goes against her wishes.

At this point, Ed Slavin (He is a "burr under the saddle" for several of our local officials because he points out their legal transgressions.) said, in a well-modulated voice -- certainly not anywhere near "yelling and screaming" (Again, I refer you to the taped video.) -- that Bosanko was infringing on Girvan's First Amendment right to free speech.

Although Bosanko is quoted in the story as stating that "the whole issue is being blown out of proportion," she is the one who caused the whole issue to be "blown out of proportion" by her unrestrained use of her gavel, and by calling the Sheriff's office to arrest members of the audience.

When the first officer arrived, she directed him to arrest Slavin, even though the person she was trying to stop from making his commentary was Girvan. However, she has been aggravated during the past many meetings of the Mosquito Control Board by Slavin pointing out the transgressions of the law by the actions and decisions of the board. When confronted by the deputy, Slavin said that Bosanko was infringing on his right to free speech, and the officer backed off, and consulted with another deputy; they decided to leave.

Later, when I discussed this matter with Sheriff David Shoar, I said, and he agreed, that this was a waste of time for his deputies who are already in short supply.

Again, concerning the transgression against Government-In-The-Sunshine Law, I said to the reporters that "it was highly unlikely that, when Mrs. Bosanko, Mrs. Hummel and Mrs. Wampler charged out of the meeting room to call the Sheriff's office, that they didn't discuss the matter for which they were making the call."

Finally, Senior Writer Peter Guinta put his own spin on the "First Amendment protected activity (environmentalists criticizing purchase of a $1.8 million helicopter without competitive bidding) and their desire to contact (the newspaper)."

It is as taxpayers that we are criticizing the outrageous costs incurred by the actions of the board. As environmentalists, we are striving to stop the use of toxic pesticides on the citizens and wildlife of our region, in favor of biological constraints on the mosquitoes.


Click here to return to story:
http://staugustine.com/stories/080107/opinions_4745153.shtml

© The St. Augustine Record

Tuesday, July 31, 2007

TIME TO TAKE BACK OUR NATION'S OLDEST CITY FROM SPECULATORS, ENVIRONMENTAL DEPREDATIONS AND HUMAN RIGHTS VIOLATIONS



It's time to take back our Nation's Oldest City of St. Augustine, Florida from real estate speculators like ROBERT MICHAEL GRAUBARD and the peculators, energumen and the public officials who enable them, and all their works and pomps.

As President Reagan said, "politicians are like diapers. They need to be changed often, and for the same reasons."

Enough. See below.

ROOTS OF ST. AUGUSTINE's ILLEGAL DUMPING LIE IN $70 MILLION SEBASTIAN INNER HARBOR -- FOUR YEARS LATER, THERE'S STILL NO HOTEL & PROJECT LANGUISHES

ROOTS OF ST. AUGUSTINE's ILLEGAL DUMPING LIE IN $70 MILLION "PUBLIC-PRIVATE PARTNERSHP" -- FOUR YEARS LATER, THERE'S STILL NO HOTEL AT SEBASTIAN INNER HARBOR

The roots of our Nation's Oldest City's illegal dumping scandal were rushing to start a $70 million public-private partnership built on contaminated land.

Our City of St. Augustine was rushing to complete en artificial wetland at a 4.3 acre site next to the city sewage treatment plant, "mitigation" for wetland destruction for the Sebastian Inner Harbor Project. City staff decided to save money by committing environmental crimes. City Mayor GEORGE GARDNER and City Commissioners looked the other way, still refusing to answer questions on illegal dumping.

Four years after the July 29, 2003 City workshop on the Sebastian Inner Harbor Project, there's no hotel. Below are minutes of the July 29, 2003 City Commission workshop, with statements by JAY CULBERTH, accused fraudfeasor ROBERT MICHAEL GRAUBARD's partner in CONCH HOUSE BUILDERS, in bold below:

CITY OF ST. AUGUSTINECity Commission Workshop MeetingJuly 29, 2003

The City Commission met in a workshop session Thursday, July 29, 2003, at 4:00 p.m. in The Alcazar Room at City Hall. The meeting was called to order by Mayor Gardner, and the following were present:1. Roll Call:George Gardner, Mayor/City CommissionerSusan Burk, City CommissionerWilliam Lennon, City Commissioner Errol D. Jones, City CommissionerDonald A. Crichlow, City CommissionerWilliam B. Harriss, City ManagerJack E. Cubbedge, Assistant City ManagerMartha V. (Nell) Porter, City ClerkJohn Regan, Director, UtilitiesOrfeo Paolini, Sound TechnicianKaren Rogers, Recording Secretary ____________________________________________________________________________________2. Public comments on future uses of the San Sebastian site.Mayor Gardner stated that the purpose of the workshop was for public input regarding the Sebastian Inland Harbor project. He said that there would be a follow-up workshop on September 16, 2003 for the Commission to engage in discussion regarding the project. He said that some subjects considered were as follows:
Maximize parking
Residential development to increase tax base
Retail/commercial mix
Public Park
Riverwalk
Public uses
Hotel with conference area Mayor Gardner opened the public hearing. The following people spoke regarding the San Sebastian site:
Peter Romano, 62 Sanford St.
Peter Imirie, 1300 Flagship Ct
John Marple, 314 St. George St.
Dennis Mooney, 159 Cordova St.
William Tinnerman, 5 Willard Dr.
Charles Cox, San Sebastian Winery
Lynn Gilchrist, 7 St. Andrews Ct.
Don Mergerner, 300 South Ponce de Leon Blvd.
Tammy Byer, 70 Washington St.
Peter Rumple, 133 Marine St.
Alan Crawford, 36_ Cordova St.
Doug Randall, 33 Comares Ave. Some comments regarding the San Sebastian site were as follows:
Recommended use of electrified trolleys similar to the ones used up until the late 1920’s
The Randall group had been the second choice in the previous RFP
The effect on tourism after 9/11 was not lasting
The Randall group had not pulled out of the project
The Randall group were primarily residents of the community
Do not bring outside developers into the process
New bidders would not be radically different or superior from what had already been presented
Rebidding the project would take too much time
The City should move forward with the project using the Randall group
A promenade access for water transport service should be included in the project
It would be smart to develop a public water taxi system that could handle large volumes of people and would include parking areas outside of downtown to relieve the traffic situation
The Commission, Parking Committee, Port Authority, Police Department, the press, developers, local business owners, and concerned residents were invited to schedule a site visit on Mr. Imirie’s 67 passenger vessel free of charge to gather information and plan for the future
Construction of the VIC parking garage from March 2004 until February 2005 would create a need for alternative parking for visitors making the addition of a San Sebastian parking lot crucial
The City owned the property and had funds from the failed Lightner Museum parking garage that could be used to construct a parking situation at the San Sebastian site
The need for parking for Flagler College was becoming more pressing and the San Sebastian site represented the only viable location for student parking
The City should assume permanent stewardship for a parking situation on the San Sebastian site at Riberia Street, which could be made useful in months, so the City would be guaranteed use of the space
The development would have to be beneficial to the City and the developer
In real estate timing was everything
The Doug Randall team had earned the projects approval and Vestcor had defaulted; therefore, the Randall team should be offered the opportunity to finalize their position
The Randall group had increased the price for the sale of the property
A time delay was not worth the potenital of more money for the property
Only the Doug Randall group had gone to the winery with a formal contract stating that they would take over the City’s contract responsibility for 56 parking spaces within 200-feet of the winery and water drainage associated with the business, and the existing parking lot would be taken over by the developer
The viability of a Civic Center on the site should be a serious consideration as it would sit empty most of the time
Build a garage with the maximum parking spaces and maintain control of one parking garage
The site was an eyesore; therefore, the sooner the development began the better
Low income citizens lived on boats in the area and the development would eventually drive them out as boat slip costs would increase
People supporting the tourist and construction industry would not be able to afford living on the site
There should be a series of illustrations demonstrating to the public how the project would develop architecturally along with the financial implications
The project must be viewed as a totality and not isolated parcels
The Commission had to commit to a team and get the process going as the process would take time
The development would be the most important building project since Henry Flagler built the hotel; therefore, they should use a local team Mayor Gardner clarified that the Commission had not decided to submit a new RFP for bids. Commissioner Crichlow suggested that a water taxi system would evolve naturally as a progression to development. He added that it would provide a wonderful venue for visitors to experience the City. Commissioner Crichlow questioned whether it would be better to include the City use in a parking facility at the San Sebastian site as an agreement in a sales contract or should the City not convey a piece of the property until 2005.Mr. Harriss said that question was foremost, as there was a timing problem regarding how to make the situation work. He said the City’s environmental attorney pointed out that the City could not install a coquina parking lot on the San Sebastian site, because it could create a contamination scenario when the site was currently under environmental scrutiny. He said that the City could construct a paved parking lot with enough landscaping to meet code, but Flagler College had offered to build something on the site for student parking. However, he said a potential developer would need some parking in the area also. He said the situation would create a three-way agreement, but he felt a solution could be achieved when they chose a developer. He said that unfortunately if a three-way agreement was formed, both garages would be under construction simultaneously. He said they could construct a surface lot and then tear it up to construct a parking garage, or start the garage with the theory that a developer would have to accept the City’s terms. He said that the City had not arrived at a solution to the situation.Commissioner Burk suggested building the garage at the San Sebastian site first, as there was a functional parking lot at the VIC.Mr. Harriss stated that if they could do that first, combined with a transit system, it could work. Mayor Gardner questioned whether the first floor of a garage on the San Sebastian site could be constructed below the surface.Mr. Harriss replied that he was not certain, but there was a requirement to build-up two feet before construction; therefore, it was not likely.Mayor Gardner questioned whether they could simply construct the first floor of a parking structure.Mr. Harriss replied that the garage could be constructed in phases; however, the foundation would require extensive construction; moreover, the contractor would no doubt object to that process. A brief discussion revealed that a developer would probably need some parking in the proposed Riberia Street garage; furthermore, they could probably come to an agreement. Mayor Gardner questioned whether they should be focusing on parking or residential/commercial development to increase the tax base. Commissioner Burk pointed out that there were discrepancies around the agreement with the winery, and she suggested that the new Commissioners make the time to talk with the City Attorney about the matter.

Jay Culberth, Interstate Hotels and Resorts, stated that he wanted to answer any questions the Commission might have regarding the hotel component within the Doug Randall group proposal. He added that he would be the funding partner of the hotel and specialty retail within the group. Mayor Gardner questioned whether Interstate built hotels and whether Interstate would guarantee a hotel on the site.Mr. Culberth said there absolutely would be a hotel on the site. He said that Interstate was a consultant partner during construction of the hotel. He explained that Interstate was the continuity that assured once the construction was completed the operation within the hotel and surrounding site ran well. He clarified that post construction Interstate would run and fill the hotel. Commissioner Burk questioned who owned the hotel.Mr. Culberth said that he would be the funding partner responsible for acquiring the funds to build the hotel.Commissioner Burk questioned whether he would own the hotel or sell it.Mr. Culberth replied that he had plans to own it and the operation facilities would be handled by the management company.Commissioner Burk questioned whether he would be buying a parcel of property from the person buying the site from the City.Mr. Culberth responded that it would depend on how the parcel was conveyed to the developer. He said that it could be a lease or purchase arrangement. He added that currently the timing was good as the interest rates were right and St. Augustine had not taken as much loss in tourism as some other cities in the U.S. after 9/11. Commissioner Jones noted that the Commission was getting off track, as the workshop had been advertised for the public to discuss concepts for the site. He added that it was not about people it was about concepts.A brief discussion revealed that the Commission did not adhere to a height of 35-feet for the hotel. Mr. Culbert concluded that he attended the meeting to reinforce a few of the points that had been mentioned in the previous presentation. He said that he wanted the Commission to be assured that meeting space was a viable option within the hotel, the architecture would be in excess of 35-feet and congruous with the City, and transportation would be a key element to move people from the hotel to downtown. He recommended a historic mode of transportation. Commissioner Lennon stated that the hotel should be a part of the first phase, as the need was apparent. Mr. Culberth stated that he would like to get started as soon as possible, primarily for economic purpose. He explained that if the interest rates went up, financing for the hotel would be difficult.

3. AdjournmentThere being no further business, the meeting was adjourned at 5:30 p.m.     __________________________________MAYOR 


CITY MANAGER WILLIAM B. HARRISS and City Commissioners need to testify about these matters before a Federal Grand Jury, answering questionso about their agreements, understandings and relationships with the likes of speculator ROBERT MICHAEL GRAUBARD, et al.

THE FRIENDS OF ROBERT MICHAEL GRAUBARD, ACCUSED FRAUDFEASOR, REAL ESTATE SPECULATOR -- Answers Needed From St. Augustine Commissioners BURK, et. al




We're waiting to hear from City Commissioners SUSAN BURK, GEORGE GARDNER, ERROL JONES, DONALD CRICHLOW and MAYOR JOE BOLES in response to questions about our City's favors for, and understandings, agreements and relationships with ROBERT MICHAEL GRAUBARD, speculator behind Conch House Marina, Red House Bluff (3000-4000 year old Indian village), and other controversial projects. GRAUBARD is the undeserving recipient of a City Commission motion forgiving a $15,000 tree-killing fine.

Now, the Ponce family has charged ROBERT MICHAEL GRAUBARD with a fraudulent scheme. See below.

JACKSONVILLE BUSINESS JOURNAL: Conch House in foreclosure, lawsuit filed

Conch House in foreclosure, lawsuit filed
Jacksonville Business Journal - July 27, 2007by Christian ConteStaff Writer
Story Images
ST. AUGUSTINE -- After owning the Conch House Marina Resort for more than 60 years, members of the David M. Ponce Jr. family were ready to move on to other projects. So when Thomas E. Coghill Jr. agreed to buy the site and some adjacent vacant land for $27 million in October 2005, David M. Ponce Jr. considered it the perfect opportunity.

"He seemed to be a go-getter," Ponce said. "He seemed to ask all the right questions and say all the right things."

The Ponce family sold the local landmark in December 2005, lending Coghill and other buyers some of the purchase price as part of the transaction, according to documents.

Now the family is trying to prevent foreclosure, claiming its loan to the buyers was not repaid and that a bank is improperly foreclosing upon the family, according to a lawsuit filed against the bank that loaned Coghill and others money to buy the site at 57 Comares Ave., St. Augustine.

When the family agreed to sell the property to Conch House Builders LLC, it did not know that the U.S. Attorney's Office in the Western District of Virginia had indicted Coghill in November 2004 on six counts of fraud relating to his Virginia-based homebuilding business, Ponce said. Coghill was released from federal custody on a bond in December 2004 and allowed to return to Florida and help his family build two homes with the condition that he refrain from entering into any new financial responsibilities, according to court documents.

Coghill pleaded guilty to one count of bank fraud and one count of wire fraud in August 2005. Ponce said the family was not aware of the plea when it was negotiating with Coghill.

Between his indictment and the beginning of what was originally a 33-month prison sentence in May 2006, public records and other documents indicate that Coghill was involved in several real estate investments in Northeast Florida, including the acquisition of the Conch House.

Coghill denied a request for comment through a prison official for a previous story. Prison officials did not respond to requests for an interview relating to the Ponce family's recent filings.


The deal
The Ponce family entered into an agreement to sell the Conch House, which includes a 200-wet-slip marina, a 17-room motel, a restaurant and a dockside lounge, along with some adjoining property, to Conch House Builders LLC in October 2005, the claim states. The Riverfront Developement (sic) Revocable Trust, an entity Coghill created in September 2005, was an original member of Conch House Builders, according to its original operating agreement.

On Dec. 21, 2005, Conch House Builders LLC closed on a six-month, $17.5 million loan from Intervest National Bank, about 70 percent of the purchase price of the property.

To cover the rest of the price, the Ponce family agreed to merge the assets of the Ponce Family Limited Partnership into Conch House Builders LLC in return for $10 million, plus interest, Ponce said. The agreement also entitled the Ponce family to an interest in all properties owned by Coghill personally and through his trust, in the event of a default of the $10 million repayment, according to the lawsuit. Ponce became the managing member of the merged Conch House Builders LLC.

As part of the merger agreement, investors in the original Conch House Builders LLC were to buy back interest from the Ponce family, ultimately removing them as owners, Ponce said. The family never received that compensation and in addition is still owed $10 million from the sale, he said.

Coghill managed the Conch House for a short time, after the Intervest loan closed and before he began his prison sentence, Ponce said. After Coghill left, Ponce said he resumed managing the business, which employs about 200 workers, so it would not close.

The Ponce family claim states, in part, "Plaintiff Intervest National Bank assisted Thomas E. Coghill Jr., a convicted felon (bank fraud) in perpetuating a fraud upon the Ponce family."

Further, it states, "The Plaintiff either knew, or should have known of the criminal background of Thomas E. Coghill Jr. at the time a loan request was submitted to Intervest and at the time of the funding of the loan."

The 25-page lawsuit, which includes the Ponce family's answers and affirmative defenses to Intervest's attempt to foreclose on the property, was filed July 17 in the 7th Judicial Circuit Court in St. Johns County.

Intervest National, based in New York City, is a full-service commercial bank with a Florida division that includes six branches in Pinellas County, in the Tampa Bay area. The bank is a wholly owned subsidiary of New York-based Intervest Bancshares Corp. (NASDAQ: IBCA).

Intervest attorney Joshua Magidson, from the Clearwater law firm Macfarland, Ferguson & McMullen, declined to comment about the case. During a July 18 hearing, he said Intervest did not interact with Coghill and that the claim submitted by the Ponce family's attorney had no merit.

"There's nothing in this complaint, there's nothing anywhere that says what the bank did," Magidson said. "What the bank did was loan them $17.5 million. It's easy to smear the bank and say, 'Oh, a crook took my money.'

"What meat do they have on these affirmative defenses? They have nothing."

Cross-claim
In a cross-claim filed July 17, the Ponce family is suing Robert Graubard, who signed documents as managing member of Conch House Builders LLC after the merger and as a guarantor of the $17.5 million loan, and Charles Kelly Smith, who also signed as a guarantor of that loan.

Graubard said he and Smith planned to file defenses and counter-claims against the Ponce family. Smith did not return phone calls seeking comment.

"We are taking appropriate legal actions," Graubard said. "We will defend the suit against these unfounded charges and we will set the appropriate counter-claims against the Ponces."

Graubard said he has documents that show the family's claim is not valid. As of press time, Graubard said he had not been served the lawsuit.

Also as of press time, Judge Michael Traynor had not ruled on whether to set a trial date.

cconte@bizjournals.com | 265-2227

Disinvestment in History and Destruction of Nature Proves That St. Augustine City Government Is NOT Run By Good-Ole-Boys

Disinvestment in History and Destruction of Nature Proves That St. Augustine City Government Is NOT Run By Good-Ole-Boys

Never again should anyone say that the City of St. Augustine is run by "good-ole-boys." That statement is a slap at "good ole boys" everywhere, an insult.

"Good-ole-boys" treasure our Florida history and nature and outdoor activities (hunting, fishing, boating).

City Manager WILLIAM B. HARRISS & Co. let historic buildings crumble.

Cost to repair them is $22 million -- triple the cost our State of Florida was told in giving them to the University of Florida. Was our legislature misinformed that badly -- by a factor of three? What's going on here?

Our City of St. Augustine is a badly-run political machine with a $51 annual budget for a town of some $13,000.

It wans't good-ole-boys who took the entire contents of an old city dump and put it into the Old City Reservoir -- good-ole boys don't pollute bass-fishing spots because they love to fish.

One must conclude that St. Augustine City Government is not run by good-ole-boys because they let our history crumble through disinvestment (see below) and put the contents of the old city dump into the Old City Reservoir.

So let's stop calling WILLIAM B. HARRISS and his hand-picked city staff and Commissioners "good ole boys."

Terms like "wastrels," "villains," '"Vandals," "Visigoths," "Philistines," "sycophants," "toadies," "incompetents," "miscreants," "fraudfeasors" and worse come to mind

City of St. Augustiine City Manager-for--life WILLIAM B. HARRISS's wrecking-crew approach to city government might lead to a county takeover, as the county is proposing to do to the Anastasia Mosquito Control District of St. Johns County (AMCD).

Cost to repair city's state-owned properties: $22 million -- COST IS TRIPLE PRIOR ESTIMATES

Cost to repair city's state-owned properties: $22 million

UF assessment more than triples previous estimate

KATI BEXLEY
kati.bexley@staugustinerecord.com
Publication Date: 07/31/07


An University of Florida report released Monday says it will need $22 million in state funds to repair St. Augustine's 34-state owned properties, a massive leap from a previous $7 million estimate.

In May, the Florida Senate and House of Representatives unanimously approved that the university take control of the properties.

But the bills did not include funding.

Rep. William Proctor, R-St. Augustine, who shepherded the bills, is "cautiously" optimistic that despite a tight budget year for the state the project will receive money.

"These are state properties and they're in pretty bad shape, and the state has to take responsibility," Proctor said.

In 1997, the state preservation board was dissolved, and cities, including St. Augustine, were left to manage the state properties on their own. Without state funding, St. Augustine had $500,000 each year to maintain the buildings, which consequently fell into disrepair.

A historic preservation task force, put together by Proctor, estimated the building repairs would total $7 million.

However, a team from UF spent 300 hours in the last month meticulously surveying the properties and found the price tag to be $22 million, said Ed Poppell, UF vice president for business affairs.

Poppell said the university also will ask the state to give $488,000 yearly to pay for operations and maintenance on the buildings. And UF wants $500,000 so a consultant can determine a master plan for the city that would include a detailed vision for its future.

Poppell met Monday with several people in the St. Augustine community, including Mayor Joe Boles, to show the university's assessment report on the properties.

Boles said he's "excited" that UF wants to bring academia and tourism to the city.

"They would bring both to the table," Boles said. "And I was happy to see they asked what they can do to make sure the public is excited and involved in this, too."

Poppell said the university will begin shopping the proposal to legislators in September in hopes they will gain early support for the funding.

Proctor said St. Augustine's 450th anniversary coming up in 2015 could be an incentive to legislators.

"(Restoring the properties) is something we need to get done before that time," he said.

Boles said if the funding doesn't come through, the city will continue to be stewards of the properties.

Proctor is not even considering the possibility the university will be turned down.

"We just have to keep going until we get it done," he said. "We may not get everything we want (this session), but I think we'll get enough to keep moving."


Click here to return to story:
http://staugustine.com/stories/073107/news_4745511.shtml

© The St. Augustine Record

Anastasia Mosquito Control District (AMCD) and Its Helicopter Purchase Under Scrutiny, DORAN, WOLFE, ANSAY AND KUNDID (DWAK) Answers Awaited

Anastasia Mosquito Control District (AMCD) and Its Helicopter Purchase Under Scrutiny, DORAN, WOLFE, ANSAY AND KUNDID (DWAK) Answers Awaited

Government investigators are scrutinizing the behavior of Anastasia Mosquito Control District of St. Johns County (AMCD) and AMCD's helicopter purchase, compared to an expert to equipping a Rolls Royce with a snowplow. AMCD has no plans for buying tanks or spraying equipment -- none have been let out for bid. Meanwhile, AMCD has no security plan for the helicopter, which could easily be stolen and used by Al Qaeda terrorists to spew poison gases over large population center (the Bell Jet Ranger helicopter has a radius of 500 miles on one tank of aviation fuel.

Meanwhile, still no answers from lawyers AUDRIE HARRIS and CAROLYN ANsAY of DORAN, WOLFE, ANSAY AND KUNDID (DWAK) to the 13 questions (below). DWAK refuses to advise Commissioners on the legality of the helicopter purchase without a majority vote, meanwhile participating in videotaped Sunshine violations with CHAIR BARBARA BOSANKO and member LINDA WAMPLER. See below.

Come to the next Anastasia Mosquito Control District at 500 Old Beach Rd in St. Augusitne Beach at 4 PM on August 9th. It's democracy in action. We're going to clean up the Anastasia Mosquito Control District of St. Johns County (AMCD) and we need your help.

TIMES-UNION: Former Army Captain and Pilot Don Girvan's Letter re: Anastasia Mosquito Control District Purchase of $1.8 Million Bell Jet Helicopter

MOSQUITO CONTROL
Helicopter is over the top

I want to correct a detail that was in the July 23 Point of View column by St. Johns County Commissioner John Sundeman about mosquito control.

I spoke to Sundeman about a conversation that I had with an old Army friend, retired Col. Bob Gross, an aviation battalion commander, about the $1.8 million Bell Jet Long Ranger Helicopter that is being purchased by this independent taxing district.

Gross said, "That is a really nice helicopter, but for mosquito spraying it is about as smart as buying a new Rolls Royce to put a snow plow on it."

Sundeman and I attempted to advise the Times-Union about this before publication. The balance of the article covering squandering our taxpayer money was accurate.

DON GIRVAN, St. Augustine

Times-Union Letter re: Ancien Regime's Sunshine Violation Excuses

SUNSHINE LAW
Obey the law
I read with interest the protests about enforcing Florida's Government-in-the-Sunshine Law.

It seems that many do not want the law enforced when it comes to present day officeholders.

I think they need to be reminded of the "good old days" before consolidation.

Backroom meetings were held by the ruling party, and the decisions were made without public input and before the regular meeting of a public body.

The "good old boy" syndrome is part of what led to the Sunshine Law being enacted. And, like it or not, the majority party is now acting like those good old boys.

I disagree with a recent letter writer who said the law was "too broad."

To put the intent of the law in simple words: "No public business will be discussed outside of a properly scheduled meeting, which has been advertised to the public and the public invited to come forth and present their thoughts."

The only place to discuss the public's business is in the properly advertised location, at the appointed time and before the public.

Now what is so difficult about that? What do they have to hide?

Maybe we should include the Sunshine Law as the 11th commandment: Thou shall not meet to conduct public business at places or times not duly advertised and scheduled.

Maybe then they will heed and obey the law.

DONALD G. DISHMAN SR., Jacksonville

Monday, July 30, 2007

Videotaped Sunshine Violation by Mosquito Control Chair BARBARA BOSANKO, member LINDA WAMPLER & DORAN, WOLFE, ANSAY & KUNDID (DWAK) PROBED




For more, see articles and editorials from St. Augustine Record last Thursday/Friday, reproduced below. Still no answers from AMCD and DWAK.

Obscenity Is In the Eye of the Beholder





Justice Potter Steward said he didn't know how to define obscenity, but he knew it when he saw it. Obscenity is:

Dumping the entire contents of the old city dump into the Old City Reservoir.

Violating First Amendment rights of citizens.

Wasting vast sums on unaccountable City Manager WILLIAM B. HARRISS, never giving him a performance appraisal in nine (9) years.

Refusing to talk about a living wage.

Refusing to talk about the proposed St. Augustine National Historical Park, National Seashore and National Scenic Highway.

Allowing greedy real estate speculators (like ROBERT MICHAEL GRAUBARD and CHESTER STOKES) to destroy our history and beauty.

What a paradise our city will be when its government is faithful to the words of America's Founders (rather than a cross between Chicago and a banana republic).

The solution to to the Red Light District ordinance proposal

is to reserve the Sebastian Inner Harbor development for any "adult businesses" -- far away from the rest of us, but right next door to the St. Augustine Police HQ.

I suggested this idea to Chief Loren Lueders at the July 9 Commission meeting by passed note, and a lady who suggested it to Commissioners got the best applause of the evening. Unfortunately, at last Thursday's workshop, citizens were forbidden to talk. That's a pity. Last year, there was a workshop on history matters, and citizens were allowed to talk -- one of the better sessions I've ever attended at the City.

Unfortunately, our Mayor JOSEPH LEROY BOLES, JR. doesn't appreciate public debate and would rather act like Pedro Menendez than a leader of a free people.

Conventioneers are more likely to enjoy such services than the people in our Nation's Oldest City. Put the "adult business" zone next to the Police Dept instead of all over our beautiful city.

Adult trade site idea shelved

Adult trade site idea shelved

Seeking proactive approach, St. Augustine City Commission struggles with hot potato

KATI BEXLEY
kati.bexley@staugustinerecord.com
Publication Date: 07/27/07


The city is no longer proposing to put adult entertainment in one area of the city, and under possible new restrictions the businesses could be located near residences.

The St. Augustine City Commission held a workshop on the topic Thursday. It was spurred by roughly 60 people who attended a city meeting to speak against putting the businesses in a defined section of St. Augustine.

City staff presented a plan Thursday in which adult businesses are only allowed in the city's most dense commercial zoning areas, and they would be prohibited within a certain range of schools, churches, parks and places that sell alcohol. But that doesn't exclude residential areas.

Mark Knight, city planning and building director, said the first area proposed, which flared controversy, is the only section of the city that is away from residences, churches, parks and places that sell alcohol.

The original proposed area is four parcels of land off Ponce de Leon Boulevard just north of State Road 16.

"We may get to a point where we bite the bullet and choose the area with the least amount of residents next to it and put it there," said Mayor Joe Boles.

The other commissioners said the city already tried that.

"We did that and look at the people who were against it," said Commissioner Errol Jones. "Everywhere you go it's going to be, 'Why mine versus yours?'

"We're going to expose all our residents to this, or we're going to expose none of them."

The 10 members of the public who attended the workshop applauded and cheered Jones' comments.

Previously, the city did not have regulations for adult businesses, including strip clubs, and they could have located in any commercial zone in the city. The commission tried to be proactive by creating the ordinances before the city faced that problem.

Commissioners have already approved two other ordinances that say how the businesses can operate, including their hours and alcohol sales.

The commission will discuss the issue at its regular meeting on Aug. 13.

Commissioners asked city staff to draft maps showing areas in the highest-density commercial zoning and are also either 500 or 200 feet from churches, schools, parks and places that sell alcohol.

Knight said the most dense commercial zoning is located on the north end of San Marco Avenue, U.S. 1 and Ponce de Leon Boulevard, West King Street and the State Road 312 area.


Click here to return to story:
http://staugustine.com/stories/072707/news_4737751.shtml

© The St. Augustine Record

EMOTIONAL PROBLEMS WITH FREE SPEECH -- City Commissioners Uncomfortable With First Amendment and Flags?





The same City Commissioners who abuse freedom of speech at nearly every meeting, interrupting and insulting public speakers, have now shown their true colors regarding support for our troops until they come home.

The same City Commissionsers who were uncomfortable in 2005 with the Rainbow flags now have emotional problems with another First Amendment issue.

Why did St. Augustine abolish our "First Amendment forum" for local groups' flag-flying displays, after years of flag-flying on our Bridge of Lions and our Bayfront?

Why were seven Bayfront flagpoles removed in 2005?

Controlling, crabby officials punish free speech, whether by African-Americans, veterans, artists, entertainers or Gays/Lesbians.

Our flag-flying forum must be restored, whether honoring our troops, history, organizations or diversity.

As Ronald Reagan said, "politicians are like diapers -- they must be changed regularly and for the same reasons." As Robert Kennedy said in 1966 at Berkeley, "it is not enough to allow dissent, we must demand it, for there is much to dissent from;"

Let freedom ring in the Nation's Oldest City.

Guest Column: Yellow flag's creator calls city's rejection a disappointment

Guest Column: Yellow flag's creator calls city's rejection a disappointment

BARRY BARNETT
Artist International, Palm Coast
Publication Date: 07/29/07

There are seven cities waiting for the final design and production of "Our Yellow Flag."

My friends if you ever want to see community spirit in support of our armed forces you must have seen one of the seven city meetings where "Our Yellow Flag" was adopted as their own. The acceptance of "Our Yellow Flag" is never known until the vote. The burning question is, Will a community adopt or not adopt "Our Yellow Flag" as its own? That is a matter of conscience and city protocol. Each city should be respected, for or against.

If you were at one of those city council/commission meetings that did show support you would feel a sense of hope for those who serve and their families.

The question placed and the votes taken. Most wanted to make it very clear as to how quickly that support was given. One city did it in 10 seconds.

As for the question of "Our Yellow Flag" we are at seven cities for and one against. Our work goes on.

St. Augustine, on the other hand, was a great disappointment. This is our nation's oldest city and it should be first in everything, great or small. As a personal observation only, I have hope that one day St. Augustine's City Commission will change its mind.

I remember when St. Augustine was known for better days. When did St. Augustine die? Was it in the days of St. George Street protest? Was is when property values became more valuable then good conscience should allow? Did St. Augustine get too big for it britches?

"Our Yellow Flag" was not presented as a replacement for our national flag. Where did that come from?

"Our Yellow Flag" was offered in separate conversation, in a manner where it could become an official city flag and therefore flown from city flagpoles for its limited duration. How did that change?

"Our Yellow Flag" was never presented as a political statement for or against any war. Who is trying to make it so? And Why?

"Our Yellow Flag" is a community statement in support of our armed forces and their families. Who made it their effort to distort that message?

I have often wondered why and how good intentions fail. I now understand. I apologize to those who will die for me tomorrow. I apologize to those who will lose an arm or leg for me tomorrow. I apologize to the families who grieve today and so many tomorrows.

I allowed this message of goodwill toward those who fight for my freedom to get off message. I am to blame for "Our Yellow Flag" not flying over St. Augustine. As with all things there is tomorrow and other city commissions. There is hope after all.

Please understand that I receive nothing for "Our Yellow Flag." Not one dime. How could anyone seek to profit from the suffering of those who are fighting to protect us?

Please understand that the final design of "Our Yellow Flag" is a product of the people. Not this artist.

In closing, I do not agree with the caller who said our soldiers in Iraq are rapists, murderers and thugs. Say what you will about me but take your hands off those who stand the wall for my freedom.



Barry Barnett has a gallery in St. Augustine and is a resident of Palm Coast.

He recently asked the St. Augustine City Commission to fly a yellow Support Our Troops flag on city-owned flagpoles. The City Commission unanimously rejected the request on July 23.


Click here to return to story:
http://staugustine.com/stories/072907/opinions_4733524.shtml

© The St. Augustine Record

The Florida Times-Union -- Commissioner John Sundeman column re: Mosquito Control District

The Florida Times-Union
July 23, 2007
Guest column: News story on mosquito control agency omitted some key facts
By John Sundeman

This is in response to a Times-Union news story on Saturday, July 14, "Mosquito control district battles insects, themselves."

The article is misleading journalism. It is misleading to the 125,000 registered voters of St. Johns County and to Times-Union readers.

Significant events that occurred at the Anastasia Mosquito Control District meetings of July 10 and July 12 were omitted that, when disclosed, show a 180-degree turn of events.

First, it was not disclosed that when Chairman Barbara Bosanko called the sheriff on July 10 to remove citizens exercising their constitutional right to speak, the deputy who responded did an onsite investigation and removed no one.

Reason: no grounds for calling the sheriff in the first place.

Second, the reporter failed to disclose what I believed to be the real reason that Bosanko called the sheriff - to keep a highly embarrassing issue from being disclosed on public TV.

Don Girvan, a retired U.S. Army colonel and veteran pilot, disclosed that the Mosquito Control District could have purchased a helicopter, made specifically for mosquito control, for $350,000 instead of the one purchased for $1.8 million - a $1,450,000 savings!

Prior to Girvan's attempt to speak, he had issued a "written memo" to the commissioners disclosing the huge savings. In an attempt to keep this disclosure from the public, Commissioner Linda Wampler attempted to stop Girvan from continuing.

She knew if he were to "spill the beans" it would further humiliate Mosquito Commissioners Bosanko, Linda Wampler and Emily Hummel - all supporters of the district's $1.8 million six-passenger-seat, luxury helicopter, to be used for treating swamps.

This helicopter is designed to carry executives for passenger transportation.

Commissioners Jeanne Moeller and I were against this helicopter purchase. This luxury helicopter purchase has made the Mosquito Control District of St. Johns County a laughingstock throughout the state of Florida.

Third, and a most serious omission by the Times-Union reporter - the "red meat" of the July 12 meeting: County Commissioner Thomas Manuel's appearance.

About two months earlier, Bosanko asked Manuel to appear before the Anastasia Mosquito Control Board to threaten to abolish the independent Mosquito Control District.

Most obvious question: Why would an elected Mosquito Control Board member solicit Manuel to abolish the Mosquito Control District?

Answer: Bosanko voted both to purchase the $1.8 million dollar luxury helicopter and a $1.2 million piece of property from a friend of former Mosquito Commissioner Mary Tarver Willis.

Both purchases have received critical press from the Times-Union and St. Augustine Record. Both purchases have outraged the public.

The Anastasia Mosquito Control District is sinking due to the votes of Bosanko, Hummel and Wampler.

If Bosanko could get a takeover of the Mosquito Control District by St. Johns County, it would get her and her cohorts off the hook for the direction in which they are leading the taxpayers of the Mosquito Control District.

What was Manuel's "real motivation" for attending the meeting to recommend abolishment of the Anastasia Mosquito Control District?

The small $3 million budget of the Mosquito Control District is "peanuts" in comparison to the $500 million budget of the county.

It is interesting to note that Manuel brought along St. Johns County Commission Chairman Ben Rich and Ken Bryant, an unsuccessful candidate for county commission.

The public should be able to trust the Times- Union to accurately and truthfully report in full the occurrences at public meetings.

John Sundeman is commissioner, Anastasia Mosquito Control District of St. Johns County.

This story can be found on Jacksonville.com at http://www.jacksonville.com/tu-online/stories/072307/opl_185901607.shtml.

Mosquito Control District's lawyers, DORAN, WOLFE, ANSAY & KUNDID Subject" of FL. AG Investigation for Alleged "False Claims" to Town of Ponce Inlet

<

The State Attorney General's website reports the following data on the Daytona corporate law firm of DORAN, WOLFE, ANSAY & KUNDID:

The case file cited below relates to a civil -- not a criminal -- investigation. The existence of an investigation does not constitute proof of any violation of law.

Case Number: L03-3-1311

Subject of investigation:
Doran, Wolfe, Rost & Ansay, P.A.

Subject's address:
P.O. Box 15110 Daytona Beach, FL 32115-5110

Subject's business:
Law Firm

Allegation or issue being investigated:
False claims made to the Town of Ponce Inlet.

AG unit handling case:
Economic Crimes Division in Tallahassee, Florida

View contact information for Tallahassee.


<


DORAN, WOLFE, ANSAY & KUNDID gave uncandid answers after participating in Sunshine vioaltions with Anastasia Mosquito Control District Chair BARBARA BOSANKO and LINDA WAMPLER, which were videotaped and reported and editorialized on(below) by St. Augustine Record last week. Efforts to reach Ms. CAROLYN ANSAY and Ms. AUDRIE HARRIS on the Sunshine violations and sequeale have been unavailing since ANSAY admitted Ms. WOLFE participated in a videotaped Sunshine violation.

Response to Latest Uncandid Communique from DORAN, WOLFE, ANSAY & KUNDID re: Mosquito Control Commission Sunshine Violations and Conflict of interest

My dear Ms. Ansay and Ms. Harris:
As Daniel Patrick Moynihan said, "everyone is entitled to their own opinion, but not their own facts."
You neglected to answer a single question. I have not yet received a single document by fax.
Instead you make up facts, e.g., about my supposedly "screaming" and your supposedly "warning -- more materially false statements from your ciroirate law firm, which lied to Commissioner Sundeman about its participation in a videotaped
Again, as Daniel Patrick Moynihan said, "everyone is entitled to their own opinion, but not their own facts."
Will you promise me that, from this day forward, you will please cease and desist from lying about AMCD business and citizens concerned about waste, fraud and abuse? Will you kindly answer the 13 questions, including whether you billed for Sunshine violations? Please forward this message on to Commissioners.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-471-7023
904-471-9918 (fax)

------
Subj: Open Records Request; 13 Questions re: AMCD SUNSHINE VIOLATIONS
Date: 7/30/07 12:58:48 PM Eastern Daylight Time
From: cansay@doranlaw.com
To: EASlavin@aol.com, xueamcd@bellsouth.net
CC: LINDAWAMPLER@aol.com, renadeau@aug.com, hummelamcd@bellsouth.net, walkbeach2@bellsouth.net, bccd1@co.st-johns.fl.us, bccd2@co.st-johns.fl.us, bccd3@co.st-johns.fl.us, bccd4@co.st-johns.fl.us, bccd5@co.st-johns.fl.us, girvan@comcast.net, aharris@doranlaw.com, dwight.hines@gmail.com, jmoe01@gmail.com, sundeman@hotmail.com, rogervg@mac.com, margo.pope@staugustinerecord.com, peter.ellis@staugustinerecord.com, peter.guinta@staugustinerecord.com
Sent from the Internet (Details)

Mr. Slavin-

I just returned from vacation and have been provided a copy of the
email below. It appears you attempted to send it to me but there was a
typo in my email address so it was never delivered.

As you know, I represent the Anastasia Mosquito Control Board of St.
Johns County. I returned a call you made to my office out of courtesy
the week before last. After you became extremely irate (screaming (sic) "who
is your criminal defense attorney" multiple times, demanding I answer
questions about District contracts, etc.) and after several warnings by
me that I was going to end the communication, I indeed terminated the
call. While I understand you have vigorous interest in the District's
affairs, I do not represent you and cannot spend District resources to
help you. I also understand you have a strong desire to have the
District reconsider the legal issues related to the helicopter purchase;
however, the District Board specifically voted against authorizing me to
do the legal work related to rendering an opinion on the helicopter. As
a result of that direction provided by my client (sic), I do not have any
alternatives.

As for your email, by way of copy I am sending this response to Dr.
Xue. The records custodian of the District is charged with responding
to public records requests and will provide copies of all documents
responsive to your request. The District, of course, will coordinate
directly with you on the documents. I will double check my files to
ensure there is nothing not already in the custody of the District. If
there are any further documents, they will be provided. In the future,
please direct all public records requests to the District records
custodian to ensure the quickest response.

-Carolyn Ansay

Carolyn Ansay
Doran, Wolfe, Ansay & Kundid
Email: cansay@doranlaw.com
******This electronic communication transmission contains information
belonging to Doran, Wolfe, Ansay & Kundid which may be privileged,
confidential and/or exempt from disclosure under applicable law. The
information is intended only for the use of the addressee named above.
If you are not the intended recipient, you are hereby notified that any
disclosure, copying, distribution or other use of the contents of this
electronic communication information is strictly prohibited. If you
received this electronic communication in error, please notify me
immediately by e-mail reply. Thank you.


>>> 7/26/2007 3:32:17 PM >>>
My dear Ms. Ansay and Ms. Harris:

Ms. Ansay hung up the telephone abruptly last week after admitting the

videotaped Sunshine violation involving Ms. Harris. Efforts to reach
Ms. Harris today by telephone have been unavailging. Therefore, please answer the
following 13 questions and provide the documents requested below by fax today:

1. Did Uncandid DORAN, WOLFE, ANSAY & KUNDID lawyer AUDRIE M. HARRIS
aid and abet Commissioners BOSANKO and WAMPLER in committing at least one crime
(Sunshine violations)?

2. Did DORAN, WOLFE, ANSAY & KUNDID lawyer AUDRIE M. HARRIS violate
Florida Bar Rules of Professional Conduct?

3. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY apologize to AMCD Commissioner John Sundeman?

4. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY apologize to the four citizens on whom BOSANKO called the Sheriff?
(Former Assistant Chase Manhattan Bank Vice President; current Citibank Vice
President; former Army Captain; and former Appalachian Observer Editor and
Government Accountability Project Legal Counsel for Constitutional Rights)?

5. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY apologize to the people of St. Johns County?

6. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY recuse themselves from giving further "legal advice" to AMCD pending
criminal investigations by FDLE and the office of State's Attorney John Tanner

7. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY hire separate criminal defense lawyers from AMCD Commissioners BARBARA
BOSANKO and LINDA WAMPLER?

8. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY bill for their Sunshine violations?

9. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and CAROL
ANSAY bill for criminal defense advice?

10. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and
CAROL ANSAY resign as AMCD lawyers, effective immediately?

11. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and
CAROL ANSAY refund the thousands of dollars they billed for travel and for
advice to only one segment of the AMCD Board -- the faction that insists on
insulting public questioners?

12. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and
CAROL ANSAY come clean about their putative legal advice to public officials
engaging in lawbreaking?

13. Will DORAN, WOLFE, ANSAY & KUNDID lawyers AUDRIE M. HARRIS and
CAROL ANSAY ever answer the questions about the purchase of a $1.8 million
helicopter asked by Commissioners John Sundeman and Jeanne Moeller?

Pursuant to the Open Records law, please fax me all documents regarding
your communications with and advice to any Commissioners or AMCD staffer on
any subject, and copies of all of your legal bills to AMCD.

I look forward to hearing from you by close of business today. I look
forward to hearing from you.

Thank you.

With kindest regards, I am,

Sincerely yours,

Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
Box 3084
St. Augustine, Florida 32085-3084
904-471-7023
904-471-9918 (fax)