(from Folio Weekly's website)
St. Augustine's most ardent critics gain credibility in the city's illegal dumping scandal
It's hard to imagine how it rankles city officials to cede the moral high ground to people who have derided their "fascist" policies, wearing black armbands to City Commission meetings and making "Sieg Heil" hand gestures. But the people who have traditionally fought from the margins have moved to the center of a political storm in the Oldest City - first exposing, then demanding accountability in an illicit, foolish and ever-more-costly dumping scandal. Check out page 20 in this week's issue to read more.
Friday, January 25, 2008
Thursday, January 24, 2008
Judge: Merrill Roland guilty
Judge: Merrill Roland guilty
PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 01/24/08
St. Johns County Court Judge Patti Christensen issued a three-page ruling Wednesday that said Merrill Paul Roland, candidate for the District 1 County Commission seat, had violated St. Augustine city ordinances against selling merchandise or services on St. George Street.
A hearing will be scheduled for Roland's sentencing, Christensen's order said. Penalties for violating Ordinance 00-09, Section 22-6, is $168 to $568.
Despite the low potential fine, the trial took months due to conflicts and delays about witnesses and evidence.
After the trial ended, Christensen's decision took eight weeks.
Robin Upchurch, assistant city attorney for St. Augustine, prosecuted this case for the city and said Wednesday evening that she is pleased with Christensen's final order.
"The court was thoughtful in listening to the evidence and parsing the arguments," she said.
Roland said he would appeal the decision, which would probably go before a St. Johns County Circuit Court judge.
At trial, three St. Augustine police bike patrol officers testified that on Jan. 27, 2007, Roland was wearing a pirate costume on St. George Street just north of Hypolita Street. He was holding a Jolly Roger flag and a sign that said, "Photo $2.00" and in smaller words "donation."
They said Roland was standing about 10 feet from the entrance to the Columbia Restaurant on the public street when two women came up to him, took his photo then handed him something.
Christensen's order said, "The defendant did a good job cross-examining the officers, calling into question whether they actually saw money change hands. But the cross-examination missed the point. Whether (the) defendant was paid for having his picture taken is not determinative of this case because the ordinance is not limited to the sale or donation of services. The act of offering services for sale or donation is sufficient to violate the ordinance."
Roland said at least one of the officers was lying.
"There was never any physical evidence. They only had testimony," he said. "The only physical evidence were the photos that showed me on private property. The judge's is basing my guilt on the word of an officer who committed perjury."
Upchurch took issue with that.
"Clearly, the court believed the (police) officers (who arrested Roland) and not the baseless accusations of the defendant," she said.
Christensen's order said Roland believed "the city had a grudge against him. He also believed that police "withheld exculpatory photographs taken by a camera phone" and that he was actually on private property.
"The law requires facts," Christensen wrote. "Cutting through the smoke and mirrors and taking away the cloak and dagger, the court is left with unrefuted evidence that (the) defendant offered to have his picture taken on St. George Street in exchange for compensation which is a violation of law."
Click here to return to story:
http://staugustine.com/stories/012408/news_txt01_002.shtml
© The St. Augustine Record
PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 01/24/08
St. Johns County Court Judge Patti Christensen issued a three-page ruling Wednesday that said Merrill Paul Roland, candidate for the District 1 County Commission seat, had violated St. Augustine city ordinances against selling merchandise or services on St. George Street.
A hearing will be scheduled for Roland's sentencing, Christensen's order said. Penalties for violating Ordinance 00-09, Section 22-6, is $168 to $568.
Despite the low potential fine, the trial took months due to conflicts and delays about witnesses and evidence.
After the trial ended, Christensen's decision took eight weeks.
Robin Upchurch, assistant city attorney for St. Augustine, prosecuted this case for the city and said Wednesday evening that she is pleased with Christensen's final order.
"The court was thoughtful in listening to the evidence and parsing the arguments," she said.
Roland said he would appeal the decision, which would probably go before a St. Johns County Circuit Court judge.
At trial, three St. Augustine police bike patrol officers testified that on Jan. 27, 2007, Roland was wearing a pirate costume on St. George Street just north of Hypolita Street. He was holding a Jolly Roger flag and a sign that said, "Photo $2.00" and in smaller words "donation."
They said Roland was standing about 10 feet from the entrance to the Columbia Restaurant on the public street when two women came up to him, took his photo then handed him something.
Christensen's order said, "The defendant did a good job cross-examining the officers, calling into question whether they actually saw money change hands. But the cross-examination missed the point. Whether (the) defendant was paid for having his picture taken is not determinative of this case because the ordinance is not limited to the sale or donation of services. The act of offering services for sale or donation is sufficient to violate the ordinance."
Roland said at least one of the officers was lying.
"There was never any physical evidence. They only had testimony," he said. "The only physical evidence were the photos that showed me on private property. The judge's is basing my guilt on the word of an officer who committed perjury."
Upchurch took issue with that.
"Clearly, the court believed the (police) officers (who arrested Roland) and not the baseless accusations of the defendant," she said.
Christensen's order said Roland believed "the city had a grudge against him. He also believed that police "withheld exculpatory photographs taken by a camera phone" and that he was actually on private property.
"The law requires facts," Christensen wrote. "Cutting through the smoke and mirrors and taking away the cloak and dagger, the court is left with unrefuted evidence that (the) defendant offered to have his picture taken on St. George Street in exchange for compensation which is a violation of law."
Click here to return to story:
http://staugustine.com/stories/012408/news_txt01_002.shtml
© The St. Augustine Record
Wednesday, January 23, 2008
Letter: Supports city in lawsuit over Fish Island marina
Letter: Supports city in lawsuit over Fish Island marina
Bob Peissinger
Publication Date: 01/23/08
Editor: I love it. I just love it.
A developer who, after the fact, wants to install a dockage superstructure over public waterway surfaces and thereby rendering it "his" property, gets repeatedly turned down by the government of the people.
Now, in a show of anger and foot stamping, he wants to sue the government of the people "$9M suit planned over marina" in the Jan. 18 Record. One wonders just how much power and influence these developers have? Will the city of St. Augustine be intimidated? We shall see.
I have had a number of experiences with developers in the past and except for a few situations, they are generally out for whatever they can get and at whatever the cost to the public, the environment and to wildlife.
Apparently, this developer is now caught up in the real estate downturn and wants to bolster the saleability of Fish Island Development parcels by adding massive dockage over "our" waterways.
I believe the public should prevail in this matter. I think we don't need yet another marina, more dockage, more boats with nowhere to go in a hurricane, more pollution, more congestion and more damage to the delicate balance of nature.
Bob Peissinger
St. Augustine Beach
Click here to return to story:
http://staugustine.com/stories/012308/opinions_txt01_027c.shtml
© The St. Augustine Record
Bob Peissinger
Publication Date: 01/23/08
Editor: I love it. I just love it.
A developer who, after the fact, wants to install a dockage superstructure over public waterway surfaces and thereby rendering it "his" property, gets repeatedly turned down by the government of the people.
Now, in a show of anger and foot stamping, he wants to sue the government of the people "$9M suit planned over marina" in the Jan. 18 Record. One wonders just how much power and influence these developers have? Will the city of St. Augustine be intimidated? We shall see.
I have had a number of experiences with developers in the past and except for a few situations, they are generally out for whatever they can get and at whatever the cost to the public, the environment and to wildlife.
Apparently, this developer is now caught up in the real estate downturn and wants to bolster the saleability of Fish Island Development parcels by adding massive dockage over "our" waterways.
I believe the public should prevail in this matter. I think we don't need yet another marina, more dockage, more boats with nowhere to go in a hurricane, more pollution, more congestion and more damage to the delicate balance of nature.
Bob Peissinger
St. Augustine Beach
Click here to return to story:
http://staugustine.com/stories/012308/opinions_txt01_027c.shtml
© The St. Augustine Record
Tuesday, January 22, 2008
Monday, January 21, 2008
Guest Column: Record ignores Lincolnville, West Augustine issues
Guest Column: Record ignores Lincolnville, West Augustine issues
ANTHONY SERAPHIN
St. Augustine
Publication Date: 01/20/08
I have to shake my head with disbelief at the lack of the Record's coverage of the largest Lincolnville Neighborhood Association meeting ever held. On Jan. 10, 250 people from all over St. Augustine were there to express their outrage over illegally dumped hazardous waste, taken from Lincolnville and dumped in the old reservoir in West St. Augustine. Now our city commissioners have approved the trucking of the waste back to Lincolnville.
The Record failed again in to be an all-city encompassing newspaper. The lack of respect for environmental issues affecting Lincolnville and West St. Augustine shows the historic poor treatment of these two neighborhoods in this city. The Record had a chance to help usher in a new era of media involvement in the protection of these neighborhoods. Where are the articles on who did this to our neighborhoods? Why can they attempt to cover it up and blithely vote to spend $800,000 to cover over their glaring illegal mistakes?
They have no permits and they ignore the reports on the waste and Florida Department of Environmental Protection's recommendation to take this waste to a proper landfill.
The Record could have reported on the grandstanding by Errol Jones, the very same city commissioner who introduced the motion to bring back the waste. The $800,000 motion was voted on and approved Mayor Joseph Boles, Vice Mayor Donald Crichlow, and Commissioners George Gardner, Susan Burk and Jones. All this was with the approval of City Manager William Harriss, who initiated the original illegal dumping without permits. The first dumping cost the tax-payers more than $200,000, plus a $33,000 fine and thousands of dollars in legal fees to defend the official's illegal actions. If that's not news, I don't know a hound dog from a weasel and God help Lincolnville and West St. Augustine.
When these long neglected and dumped-on neighborhoods, which understand the city's contempt for them, can't depend on the news media to get involved in major issues affecting us, we ask why?
We what the lone city newspaper's relationship is with the powers to be in this town? Why doesn't a reporter see the opportunity to help expose the gross mismanagement of the city toward the two blighted neighborhoods? We pay the same taxes as the rest of the well kept city.
If ever a reporter needed a Pulitzer Prize story, it would be on environmental racism. St. Augustine is only a microcosm of this problem in America.
As Flagler College's tax-free real estate investments grow unabated, aided by the city officials, where is your newspaper on this most inequitable tax abuse by the college? Where were the public meetings for discussion of the three Florida East Coast Railway buildings that will be used for rooming their paying customers, (Students)?
These same buildings could have brought in hundreds of thousands of dollars in taxes, in the form of offices, condos, or at the least, badly needed elderly facilities with medical care.
This major reconstruction project seems to have happened overnight, but it really took at least a year of planning by the college to get the permits, blueprints and contractor bids in. So let's get that straight and don't accept the statement by Vice Mayor Crichlow, that the college had no choice, that the FEC forced them to make a decision in less than 24 hours. He also said that no one else wanted them.
What a joke on the tax payers. Can anyone imagine a developer who wouldn't want to develop those wonderful three buildings? The gateway to our city now has three large rooming houses, tax free.
Lincolnville and West St. Augustine need what the rest of the city has, sidewalks, good streets, play grounds, code enforcement to get rid of the eyesore of boarded-up shacks owned by speculators; the elimination of drug dealers, rezoning to let small businesses open up. I am speaking of grocery stores, cafes, doctor's offices, and any other stores the other neighborhoods have.
We in Lincolnville and West St. Augustine are deeply hurt and offended by The Record's lack of respect and protection a true newspaper affords a community. Shame on you.
Anthony Seraphin is a businessman who lives in Lincolnville. He is a member of the Lincolnville Neighborhood Association.
Click here to return to story:
http://www.staugustine.com/stories/012008/opinions_012008082.shtml
© The St. Augustine Record
ANTHONY SERAPHIN
St. Augustine
Publication Date: 01/20/08
I have to shake my head with disbelief at the lack of the Record's coverage of the largest Lincolnville Neighborhood Association meeting ever held. On Jan. 10, 250 people from all over St. Augustine were there to express their outrage over illegally dumped hazardous waste, taken from Lincolnville and dumped in the old reservoir in West St. Augustine. Now our city commissioners have approved the trucking of the waste back to Lincolnville.
The Record failed again in to be an all-city encompassing newspaper. The lack of respect for environmental issues affecting Lincolnville and West St. Augustine shows the historic poor treatment of these two neighborhoods in this city. The Record had a chance to help usher in a new era of media involvement in the protection of these neighborhoods. Where are the articles on who did this to our neighborhoods? Why can they attempt to cover it up and blithely vote to spend $800,000 to cover over their glaring illegal mistakes?
They have no permits and they ignore the reports on the waste and Florida Department of Environmental Protection's recommendation to take this waste to a proper landfill.
The Record could have reported on the grandstanding by Errol Jones, the very same city commissioner who introduced the motion to bring back the waste. The $800,000 motion was voted on and approved Mayor Joseph Boles, Vice Mayor Donald Crichlow, and Commissioners George Gardner, Susan Burk and Jones. All this was with the approval of City Manager William Harriss, who initiated the original illegal dumping without permits. The first dumping cost the tax-payers more than $200,000, plus a $33,000 fine and thousands of dollars in legal fees to defend the official's illegal actions. If that's not news, I don't know a hound dog from a weasel and God help Lincolnville and West St. Augustine.
When these long neglected and dumped-on neighborhoods, which understand the city's contempt for them, can't depend on the news media to get involved in major issues affecting us, we ask why?
We what the lone city newspaper's relationship is with the powers to be in this town? Why doesn't a reporter see the opportunity to help expose the gross mismanagement of the city toward the two blighted neighborhoods? We pay the same taxes as the rest of the well kept city.
If ever a reporter needed a Pulitzer Prize story, it would be on environmental racism. St. Augustine is only a microcosm of this problem in America.
As Flagler College's tax-free real estate investments grow unabated, aided by the city officials, where is your newspaper on this most inequitable tax abuse by the college? Where were the public meetings for discussion of the three Florida East Coast Railway buildings that will be used for rooming their paying customers, (Students)?
These same buildings could have brought in hundreds of thousands of dollars in taxes, in the form of offices, condos, or at the least, badly needed elderly facilities with medical care.
This major reconstruction project seems to have happened overnight, but it really took at least a year of planning by the college to get the permits, blueprints and contractor bids in. So let's get that straight and don't accept the statement by Vice Mayor Crichlow, that the college had no choice, that the FEC forced them to make a decision in less than 24 hours. He also said that no one else wanted them.
What a joke on the tax payers. Can anyone imagine a developer who wouldn't want to develop those wonderful three buildings? The gateway to our city now has three large rooming houses, tax free.
Lincolnville and West St. Augustine need what the rest of the city has, sidewalks, good streets, play grounds, code enforcement to get rid of the eyesore of boarded-up shacks owned by speculators; the elimination of drug dealers, rezoning to let small businesses open up. I am speaking of grocery stores, cafes, doctor's offices, and any other stores the other neighborhoods have.
We in Lincolnville and West St. Augustine are deeply hurt and offended by The Record's lack of respect and protection a true newspaper affords a community. Shame on you.
Anthony Seraphin is a businessman who lives in Lincolnville. He is a member of the Lincolnville Neighborhood Association.
Click here to return to story:
http://www.staugustine.com/stories/012008/opinions_012008082.shtml
© The St. Augustine Record
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