In secret, behind locked gates, the former City Manager of our Nation's Oldest City dumped solid waste in our Old City Reservoir. He emitted raw sewage in our San Sebastian River. Citizens exposed environmental racism and pollution. Our new leaders now listen. We're transforming our City. This is advanced citizenship. Please continue to ask questions and make disclosures. Demand answers. Expect democracy. Help us achieve a St. Augustine National Park and Seashore.
Friday, July 25, 2008
WHAT ARE FALSE ARREST AND FALSE IMPRISONMENT? THE NAMES OF THE TORTS COMMITTED BY CITY OF ST. AUGUSTINE AGAINST REP. STEARNS ON JULY 4th
See below. City Manager WILLIAM B. HARRISS must go. Imprisoning fireworks-viewers in the Parking Garage? Outrageous! Thank you Rep. Stearns for speaking your truth. See below.
City's July 4 traffic control questioned By U.S. REP. CLIFF STEARNS Washington, D.C.
City's July 4 traffic control questioned
By U.S. REP. CLIFF STEARNS
Washington, D.C.
Publication Date: 07/25/08
My family and I attended the Fourth of July celebration in St. Augustine, and as with so many, we really enjoyed the fireworks. Unfortunately, this wonderful event was ruined by the extreme difficulties we, along with thousands of others, found in leaving the celebration.
I had parked our car near the Castillo de San Marcos where I thought there was legal parking. At approximately 9:45 p.m. we prepared to leave in order to avoid the traffic crush at the end of the fireworks. The show appeared to continue for another 5 minutes and around 9:50 p.m. people began lining up to leave the parking lot.
To our dismay, we learned that the mayor's office had instructed police to put padlocks on the exit gates for the parking lots. I assumed that the police would open the gates after the fireworks. I sought out the police to find out when the gates would open.
I found two officers in a vehicle at the end of the lot and said that it had been around 25 minutes since the show ended. They responded that the gates would stay locked for 45 minutes to an hour to allow pedestrians to get by. This begs the question how can you lock down traffic in St. Augustine when the goal is to disperse it? Even if people got to their vehicles, they could not move through the entire city.
After a Gator (football) game at Ben Hill Griffin Stadium with 92,000 people, the fans disperse relatively quickly without a vehicle lock down. After attending Super Bowls in Miami and Phoenix, I found that we could leave the area in our cars in a very short time. In Washington, D.C., the fireworks normally attract more than 500,000 people and traffic is never locked down. And the area of the fireworks is smaller than your city. It occurs between the Washington Monument and the Capital.
The fact that there was no notification that our cars would be locked down was especially frustrating. Once the locks were removed, we were all funneled into one lane in front of the "Ripley's Believe it or Not!'' museum. Although the Bridge of Lions was open at this time, the police barricades directed all traffic north at the intersection in front of the Ripley's. Barricades were up prevent traffic to the bridge.
I respectfully asked three officers to consider removing the barricades at 10:30 p.m. so that traffic could access the bridge, which was open. After 10 minutes, the barricades were finally removed, and after waiting 30 minutes, the cars made U-turns at the museum. None of the traffic lights were set to allow exit of the traffic. All traffic was funneled onto a single lane at a stoplight. People were waiting more than 30 minutes to go 10 feet.
I urge city government to contact other cities of a similar size to find a better way to handle traffic without locking down our vehicles. I wonder if it is even legal for city government to lock down vehicles without our consent if we are parked legally.
Again, I urge the city to correct this situation for the people of St. Augustine and for the thousands who visit this wonderful city in anticipation of a good time.
#
Cliff Stearns, of Ocala, represents Florida's Sixth Congressional District in the U.S. House of Representatives.
Click here to return to story:
http://staugustine.com/stories/072508/opinions_072508_052.shtml
© The St. Augustine Record
By U.S. REP. CLIFF STEARNS
Washington, D.C.
Publication Date: 07/25/08
My family and I attended the Fourth of July celebration in St. Augustine, and as with so many, we really enjoyed the fireworks. Unfortunately, this wonderful event was ruined by the extreme difficulties we, along with thousands of others, found in leaving the celebration.
I had parked our car near the Castillo de San Marcos where I thought there was legal parking. At approximately 9:45 p.m. we prepared to leave in order to avoid the traffic crush at the end of the fireworks. The show appeared to continue for another 5 minutes and around 9:50 p.m. people began lining up to leave the parking lot.
To our dismay, we learned that the mayor's office had instructed police to put padlocks on the exit gates for the parking lots. I assumed that the police would open the gates after the fireworks. I sought out the police to find out when the gates would open.
I found two officers in a vehicle at the end of the lot and said that it had been around 25 minutes since the show ended. They responded that the gates would stay locked for 45 minutes to an hour to allow pedestrians to get by. This begs the question how can you lock down traffic in St. Augustine when the goal is to disperse it? Even if people got to their vehicles, they could not move through the entire city.
After a Gator (football) game at Ben Hill Griffin Stadium with 92,000 people, the fans disperse relatively quickly without a vehicle lock down. After attending Super Bowls in Miami and Phoenix, I found that we could leave the area in our cars in a very short time. In Washington, D.C., the fireworks normally attract more than 500,000 people and traffic is never locked down. And the area of the fireworks is smaller than your city. It occurs between the Washington Monument and the Capital.
The fact that there was no notification that our cars would be locked down was especially frustrating. Once the locks were removed, we were all funneled into one lane in front of the "Ripley's Believe it or Not!'' museum. Although the Bridge of Lions was open at this time, the police barricades directed all traffic north at the intersection in front of the Ripley's. Barricades were up prevent traffic to the bridge.
I respectfully asked three officers to consider removing the barricades at 10:30 p.m. so that traffic could access the bridge, which was open. After 10 minutes, the barricades were finally removed, and after waiting 30 minutes, the cars made U-turns at the museum. None of the traffic lights were set to allow exit of the traffic. All traffic was funneled onto a single lane at a stoplight. People were waiting more than 30 minutes to go 10 feet.
I urge city government to contact other cities of a similar size to find a better way to handle traffic without locking down our vehicles. I wonder if it is even legal for city government to lock down vehicles without our consent if we are parked legally.
Again, I urge the city to correct this situation for the people of St. Augustine and for the thousands who visit this wonderful city in anticipation of a good time.
#
Cliff Stearns, of Ocala, represents Florida's Sixth Congressional District in the U.S. House of Representatives.
Click here to return to story:
http://staugustine.com/stories/072508/opinions_072508_052.shtml
© The St. Augustine Record
Thursday, July 24, 2008
FBI Investigates Jacksonville's City Hall
FBI Investigates Jacksonville's City Hall
News4Jax.com
July 21, 2008
JACKSONVILLE, Fla. -- The Federal Bureau of Investigation has widened its probe of public corruption in Jacksonville, Channel 4 reported on Monday.
The FBI has begun conducting an investigation at Jacksonville's City Hall, focusing on a controversial contract that was previously examined by a grand jury.
Channel 4 learned on Monday that one of the latest targets is the mayor's office and how it handles city contracts with former employees, stemming from an investigation into Prologic -- a computer consulting firm hired by the city and run by the mayor's former chief of staff and good friend Scott Tiegle.
While the grand jury did not find any wrongdoing in the city's contract with Prologic, it did have a lot of criticism.
Several e-mails show that the FBI has begun questioning city employees about Prologic. The city's attorney Cindy Laquidara said they are cooperating.
"I can't speak to any particularities on an FBI investigation. I just can tell you that of course they have asked employees within the city to cooperate. The city always cooperates. We have the same goal," said Laquidara.
The current study is the latest in a string of FBI investigations in the area. Earlier this year, at the Jacksonville Port Authorities, the FBI raided a business owned by a board member Tony Nelson.
Nelson has since resigned from the board, and the FBI continues to investigate several port contracts with which he's involved along with other former port employees.
Also, the FBI began last month looking into St. Johns County Commissioner Thomas Manuel.
While the FBI said it could not speak to specifics, special agent in charge James Casey said, "I think it's fair to say that there are public corruption cases going on in all the FBI divisions across the country, and Jacksonville is one of them. So, there are likely investigations here."
===
News4Jax.com
July 21, 2008
JACKSONVILLE, Fla. -- The Federal Bureau of Investigation has widened its probe of public corruption in Jacksonville, Channel 4 reported on Monday.
The FBI has begun conducting an investigation at Jacksonville's City Hall, focusing on a controversial contract that was previously examined by a grand jury.
Channel 4 learned on Monday that one of the latest targets is the mayor's office and how it handles city contracts with former employees, stemming from an investigation into Prologic -- a computer consulting firm hired by the city and run by the mayor's former chief of staff and good friend Scott Tiegle.
While the grand jury did not find any wrongdoing in the city's contract with Prologic, it did have a lot of criticism.
Several e-mails show that the FBI has begun questioning city employees about Prologic. The city's attorney Cindy Laquidara said they are cooperating.
"I can't speak to any particularities on an FBI investigation. I just can tell you that of course they have asked employees within the city to cooperate. The city always cooperates. We have the same goal," said Laquidara.
The current study is the latest in a string of FBI investigations in the area. Earlier this year, at the Jacksonville Port Authorities, the FBI raided a business owned by a board member Tony Nelson.
Nelson has since resigned from the board, and the FBI continues to investigate several port contracts with which he's involved along with other former port employees.
Also, the FBI began last month looking into St. Johns County Commissioner Thomas Manuel.
While the FBI said it could not speak to specifics, special agent in charge James Casey said, "I think it's fair to say that there are public corruption cases going on in all the FBI divisions across the country, and Jacksonville is one of them. So, there are likely investigations here."
===
CITY MANAGER WILLIAM B. HARRISS ADMITS SUNSHINE VIOLATION (POLLING COMMISSIONERS ON SEWAGE PIPE LEAK)

WILLIAM. B. HARRISS Photo credit: J.D. Pleasant
It was in the Record's editorial on July 20th -- see below
EDITORIAL: Pipeline Repair Took Too Long
Pipe line repair took too long
Publication Date: 07/20/08
The St. Augustine City Commission has approved spending up to $1 million to replace a broken pipeline the city's known about for four years.
In good times, the 1,600-foot pipeline transported treated water from the city's wastewater treatment plant on Riberia Street into the Intracoastal Waterway. Since at least 2004, it has squandered treated water on a salt water marsh ecosystem. The marsh is not dead, it's just not the way it should be, brown in color rather than vibrant green.
The original cost to remedy the broken pipewas estimated by a private consultant at $2.5 million to $3.9 million. "We could have done it faster; it would have meant a lot more resources and we would have had to just open up the bank account," said John Regan, the city's chief operations officer, last week.
City Manager Bill Harriss concurred. He said he polled the City Commissioners individually at the time and each agreed that it was too costly and that a cheaper process should be found.
snip
2)
Thanks to Dr. Dwight Hines, Ph.D. for calling this research to my attention:
From 2008 Government in Sunshine Manual "The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members. See, AGO 74-47 (city manager is not a member of the city council and thus, may meet with individual council members; however, the manager may not act as a liaison for board members by circulating information and thoughts of individual council members). Compare, AGO 89-39 (aides to county commissioners would not be subject to the Sunshine Law unless they have been delegated decision-making functions outside of the ambit of normal staff functions, are acting as liaisons between board members, or are acting in place of the board or its members at their direction).
For example, in Blackford v. School Board of Orange County,
375 So. 2d 578 (Fla. 5th DCA 1979), the court held that a series of scheduled successive meetings between the school superintendent and individual members of the school board were subject to the Sunshine Law. While normally meetings between the school superintendent and an individual school board member would not be subject to s. 286.011, F.S., these meetings were held in "rapid-fire succession" in order to avoid a public airing of a controversial redistricting problem. They amounted to a de facto meeting of the school board in violation of s. 286.011, F.S.
Similarly, in Sentinel Communications Company v. School Board of Osceola County, No. CI92-0045 (Fla. 9th Cir. Ct. April 3, 1992), the court found that a series of private meetings between a school superintendent and individual school board members which were scheduled by the superintendent to present and consider staff recommendations concerning the administrative structure of the school system and to privately address any objections or concerns that the board might have, should have been held in theUse of nonmembers as liaisons between board members
The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members. See, AGO 74-47 (city manager is not a member of the city council and thus, may meet with individual council members; however, the manager may not act as a liaison for board members by circulating information and thoughts of individual council members). Compare, AGO 89-39 (aides to county commissioners would not be subject to the Sunshine Law unless they have been delegated decision-making functions outside of the ambit of normal staff functions, are acting as liaisons between board members, or are acting in place of the board or its members at their direction).
For example, in Blackford v. School Board of Orange County,
375 So. 2d 578 (Fla. 5th DCA 1979), the court held that a series of scheduled successive meetings between the school superintendent and individual members of the school board were subject to the Sunshine Law. While normally meetings between the school superintendent and an individual school board member would not be subject to s. 286.011, F.S., these meetings were held in "rapid-fire succession" in order to avoid a public airing of a controversial redistricting problem. They amounted to a de facto meeting of the school board in violation of s. 286.011, F.S.
Similarly, in Sentinel Communications Company v. School Board of Osceola County, No. CI92-0045 (Fla. 9th Cir. Ct. April 3, 1992), the court found that a series of private meetings between a school superintendent and individual school board members which were scheduled by the superintendent to present and consider staff recommendations concerning the administrative structure of the school system and to privately address any objections or concerns that the board might have, should have been held in the sunshine. The court said that its decision should not be construed to prohibit individual board members from meeting privately with staff or the superintendent for informational purposes or on an ad hoc basis. However, "[i]t shall be construed to prohibit the scheduling of a series of such meetings which concern a specific agenda." Thus, the court enjoined the board and its superintendent "from holding any further closed door meetings to formulate Board policy, discuss matters where Board action is contemplated, or otherwise conduct the public's business."
In Citizens for a Better Royal Palm Beach, Inc. v. Village of Royal Palm Beach, No. CL 91-14417 AA (Fla. 15th Cir. Ct. May 14, 1992), the court invalidated a contract for the sale of municipal property when it determined that after the proposal to sell the property which had been discussed and approved at a public meeting collapsed, the city manager met individually with council members and from those discussions the property was sold to another group. The circuit court found that these meetings resulted in a substantial change in the terms of sale and that the execution of the contract, therefore, violated the Sunshine Law.
Thus, a city manager should refrain from asking each commissioner to state his or her position on a specific matter which will foreseeably be considered by the commission at a public meeting in order to provide the information to the members of the commission. AGO 89-23. See also, AGO 75-59 (the spirit, if not the letter, of the Sunshine Law requires official decisions to be made in public after a full discussion by the board members; thus, the board's director should refrain from calling each member of the board separately and asking each member to state his or her position on a matter which will foreseeably be presented for consideration to the entire board in open session). Cf., AGO 81-42 (the fact that a city council member has expressed his or her views or voting intent on an upcoming matter to a news reporter prior to the scheduled public meeting does not violate the Sunshine Law so long as the reporter is not being used by the member as an intermediary in order to circumvent the requirements of s. 286.011, F.S.).
Not all decisions taken by staff, however, need to be made or approved by a board. Thus, the district court concluded in Florida Parole and Probation Commission v. Thomas, 364 So. 2d 480 (Fla. 1st DCA 1978), that the decision to appeal made by legal counsel to a public board after discussions between the legal staff and individual members of the board was not subject to the Sunshine Law. Accord, Inf. Op. to Biasco, July 2, 1997 (administrative officers or staff who serve public boards should not poll board members on issues which will foreseeably come before the board in order to avoid being used as a liaison between board members, although an administrative officer is not precluded from contacting individual board members for their views on a matter when the officer, and not the board, has been vested with the authority to take action).
So, once again, the question recurs: is there any crime that WILLIAM B. HARRISS will commit that the State of Florida, State's Attorney Tanner, FDEL or FDEP will ever prosecute?







BREACH OF FAITH?: -- ST. AUGUSTINE RECORD TRAMPLING OF JOURNALISTIC ETHICS – PRINTING SELECTED REPUBLICAN POLL EXCERPTS -- FICKLE FINGER OF FATE AWARD

Rowan & Martin's Laugh-In Flying Fickle Finger of Fate Award
BREACH OF FAITH?: -- ST. AUGUSTINE RECORD TRAMPLING OF JOURNALISTIC ETHICS – PRINTING SELECTED REPUBLICANS-ONLY POLL EXCERPTS
I could not believe my eyes this morning. See below
A Flying Fickle Finger of Fate Award goes to the St. Augustine Record newspaper for its habitually biased political reporting, as most recently demonstrated July 24th by a front-page story on portions of a Republican poll allegedly made available by an elected Republican Party official up for re-election, who deleted poll results about his race.
The suspect Republican poll questioned only Republicans, not Democrats, Libertarians, Greens or Independents.
Apartheid politics of division?
Glowingly galactically stupid Gooberishness?
As Adlai Stevenson said, "I believe in the forgiveness of sin and the redemption of ignorance."
Invite our friends at the Record to practice journalism without fear or favor, complying with the applicable standard of care and from this day forward free of gratuitous editorial opinions by biased reporter Peter Guinta.
Reckon the Record could actually do its own reporting.
The truth will set us free.
BIASED ST. AUGUSTINE RECORD REPORTING OF REPUBLICAN'S POLL -- Undecideds to decide election County Republicans like Bush but are cool on Crist
Undecideds to decide election
County Republicans like Bush but are cool on Crist
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 07/24/08
Two incumbent St. Johns County Commission candidates lead their opponents ,and a third commission seat is a statistical dead heat but the number of undecided voters is so large that they'll decide the fate of the commission candidates, a local survey of 880 likely Republican voters indicated this week.
The poll found:
* Incumbent county commissioners Cyndi Stevenson and Ben Rich lead in their races.
* District 5 candidates Ken Bryan, Randy Brunson and Gary McMahon are in a statistical dead heat.
* President Bush is viewed in a positive light by 66.7 percent of the participants.
* Less than 50 percent see Florida Gov. Charlie Crist favorably.
* About a quarter of the respondents view both in an unfavorable light.
* Republican candidate John McCain would be chosen by 87 percent, Barack Obama by 11 percent.
#
Only Republicans were polled, but because St. Johns County contains 65,929 registered Republican voters -- 52.9 percent of the total 124,660 voters -- the party essentially controls county politics.
Democrats number 34,053, or 27.3 percent; nonpartisan voters 19,519, or 16.7 percent; and other parties 5,159, or 4.1 percent.
In the presidential poll, independent Ralph Nader and Libertarian Bob Barr both registered less than 3 percent, undecideds 10 percent.
The poll was conducted July 17 and 18 by Dixie Strategies LLC of St. Augustine, a company that is co-owned by Jon Woodard, the sitting Republican State Committeeman for St. Johns.
Woodard said he wanted to learn how his own re-election campaign for state committeeman was going. But then he added questions to the survey about County Commission races because, he said, "I was curious."
The survey asked: If the commission election were held today, for whom would you vote?
For District 1, incumbent Cyndi Stevenson got 34.88 percent and challenger Albert J. Abbatiello got 18.37 percent. That means 46.75 percent were undecided, the highest undecided percentage of any question.
A third District 1 candidate, Merrill Roland, was not included in this survey because he isn't a Republican and because he faces the District 1 primary winner in November.
For District 3, incumbent Ben Rich got 36.05 percent, Mark P. Miner 21.82 percent and undecided 42.13 percent.
For District 5, Ken Bryan got 20.27 percent; Gary McMahon 19.49 percent and Randy Brunson, 16.37 percent.
Undecideds here were 43.87 percent.
Woodard said the margin of error in the District 5 race is plus or minus 4.3 percent, meaning the District 5 race is essentially even.
"This poll was not commissioned by any candidate or party," Woodard said. "We have no business with any of these candidates. But if I were one of them, this poll would tell me a lot. If I found myself behind, I'd step up my efforts. If I were ahead, it might be easier to raise money. It can be used both ways."
Dixie Strategies first compiled a random sample of likely GOP voters and gave lists of their telephone numbers to a subcontractor who did the actual calling for the survey. The information on Woodard's race was removed from the poll information that was released.
Statistics Professor Ed McDonald of St. Johns River Community College said this poll was "pretty darn accurate," even though there wasn't a large sample. McDonald said he taught Woodard the model for this poll and the mathematics behind sampling an audience to get an accurate picture of voters' choices.
Sampling means finding willing, qualified respondents from all areas of the county, sometimes taking into account factors such as race, age, gender or economic level.
"This information could be helpful to Republican candidates and give them guidance," McDonald said. "Candidates in local elections often don't get quality sampling and information."
What is certainly remarkable about the Bush question is that even after eight high-profile years in office -- Hurricane Katrina and the FEMA debacle, the nation-searing tragedy of Sept. 11, 2001, and the endless war in Iraq -- a solid 10 percent of Republicans here still remain undecided about how they feel about their president.
Click here to return to story:
http://staugustine.com/stories/072408/news_072408_009.shtml
© The St. Augustine Record
County Republicans like Bush but are cool on Crist
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 07/24/08
Two incumbent St. Johns County Commission candidates lead their opponents ,and a third commission seat is a statistical dead heat but the number of undecided voters is so large that they'll decide the fate of the commission candidates, a local survey of 880 likely Republican voters indicated this week.
The poll found:
* Incumbent county commissioners Cyndi Stevenson and Ben Rich lead in their races.
* District 5 candidates Ken Bryan, Randy Brunson and Gary McMahon are in a statistical dead heat.
* President Bush is viewed in a positive light by 66.7 percent of the participants.
* Less than 50 percent see Florida Gov. Charlie Crist favorably.
* About a quarter of the respondents view both in an unfavorable light.
* Republican candidate John McCain would be chosen by 87 percent, Barack Obama by 11 percent.
#
Only Republicans were polled, but because St. Johns County contains 65,929 registered Republican voters -- 52.9 percent of the total 124,660 voters -- the party essentially controls county politics.
Democrats number 34,053, or 27.3 percent; nonpartisan voters 19,519, or 16.7 percent; and other parties 5,159, or 4.1 percent.
In the presidential poll, independent Ralph Nader and Libertarian Bob Barr both registered less than 3 percent, undecideds 10 percent.
The poll was conducted July 17 and 18 by Dixie Strategies LLC of St. Augustine, a company that is co-owned by Jon Woodard, the sitting Republican State Committeeman for St. Johns.
Woodard said he wanted to learn how his own re-election campaign for state committeeman was going. But then he added questions to the survey about County Commission races because, he said, "I was curious."
The survey asked: If the commission election were held today, for whom would you vote?
For District 1, incumbent Cyndi Stevenson got 34.88 percent and challenger Albert J. Abbatiello got 18.37 percent. That means 46.75 percent were undecided, the highest undecided percentage of any question.
A third District 1 candidate, Merrill Roland, was not included in this survey because he isn't a Republican and because he faces the District 1 primary winner in November.
For District 3, incumbent Ben Rich got 36.05 percent, Mark P. Miner 21.82 percent and undecided 42.13 percent.
For District 5, Ken Bryan got 20.27 percent; Gary McMahon 19.49 percent and Randy Brunson, 16.37 percent.
Undecideds here were 43.87 percent.
Woodard said the margin of error in the District 5 race is plus or minus 4.3 percent, meaning the District 5 race is essentially even.
"This poll was not commissioned by any candidate or party," Woodard said. "We have no business with any of these candidates. But if I were one of them, this poll would tell me a lot. If I found myself behind, I'd step up my efforts. If I were ahead, it might be easier to raise money. It can be used both ways."
Dixie Strategies first compiled a random sample of likely GOP voters and gave lists of their telephone numbers to a subcontractor who did the actual calling for the survey. The information on Woodard's race was removed from the poll information that was released.
Statistics Professor Ed McDonald of St. Johns River Community College said this poll was "pretty darn accurate," even though there wasn't a large sample. McDonald said he taught Woodard the model for this poll and the mathematics behind sampling an audience to get an accurate picture of voters' choices.
Sampling means finding willing, qualified respondents from all areas of the county, sometimes taking into account factors such as race, age, gender or economic level.
"This information could be helpful to Republican candidates and give them guidance," McDonald said. "Candidates in local elections often don't get quality sampling and information."
What is certainly remarkable about the Bush question is that even after eight high-profile years in office -- Hurricane Katrina and the FEMA debacle, the nation-searing tragedy of Sept. 11, 2001, and the endless war in Iraq -- a solid 10 percent of Republicans here still remain undecided about how they feel about their president.
Click here to return to story:
http://staugustine.com/stories/072408/news_072408_009.shtml
© The St. Augustine Record
Wednesday, July 23, 2008
MAYOR BOLES BOYCOTTS LINCOLNVILLE DEBATE, : ERROL JONES LEAVES EARLY, DUCKS QUESTIONS; DAN SULLIVAN LATE FLUBS ANSWER, SAYS ST. AUGUSTINE "PARADISE"

At last night's Lincolnville Neighborhood Association forum, approximately 50 people watched as Commissioner ERROL JONESS, bragged about himself and otherwise said nothing of substance for three minutes, then left -- with JONES arrogantly refusing to be part of the debate. JONES is being challenged by LNA VP Judith Seraphin.
City of St. Augustine Parking and Traffic Committee Chair DAN SULLLIVAN arrived late and insulted questioners, defending the White Elephant Parking Garage. SULLVAN actually said, in response to a question about St. Augustine having been called "the most lawless city in America" that St. Augustine was a "Paradise." Others in the audience and on the panel disagreed, including Leeanna Freeman and Judith Seraphin, who noted the lack of equality and the large number of businesses in city-owned and state-owned buildings that do not employ any African-Americans.
St. Augustine Mayor JOSEPH LEROY BOLES, JR. refused to attend the LNA meeting, claiming to have an out-of-town visitor (unnamed).. BOLES is the one who (with Commissioner ERROL JONES) pushed through the aborted plan to bring solid waste back to Lincolnville.
(more)
City faces $31,000 fine for defective pipeline








City faces $31,000 fine for defective pipeline
By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 07/22/08
The city could pay $31,000 to the Florida Department of Environmental Protection for allowing a pipeline behind its Waste Water Treatment Plant to leak into marshland.
John Regan, city chief operations officer, and other city staff met with the DEP Northeast District on Monday and said the department proposed fining the city $31,000.
But Jodi Conway, DEP spokeswoman, said the department has given "no finalized penalty amounts at this point."
"We haven't concluded looking over all the information on the enforcement side to determine the penalties," she said.
The 1,600-foot pipe, located in Lincolnville off Riberia Street, has been leaking into the marsh for years. The failing pipe was meant to dump treated water into the Intracoastal Waterway, but it instead leaked the fresh water into the saltwater marsh, where it sat stagnant.
That caused the area to become a vibrant green compared to the surrounding brown marsh, according to DEP.
Regan said the proposed DEP fine is for the city's actions from 2005 to 2007, when it failed to fix the pipe. Bob Leetch, former city public works director, reported to DEP in 2005 that the pipe was leaking. City Manager Bill Harriss said it was not fixed because it cost too much money.
Leetch also said DEP never followed up with the city, and the pipeline "fell off the radar." Leetch then left the city on his own accord in 2006.
Regan said of his meeting Monday, "(DEP) was very concerned about the time frame from 2005 to 2007."
"It was 2007 when the city picked up steam in addressing the problem," he said.
Leetch's proposal to Harriss to replace the pipe cost more than $3 million. In the last month, city staff has found another way to install a new pipeline for $1 million.
Leetch said there were rumors of problems with the pipeline in 2004, and the city repaired the pipe in 2003 and 2007. He said, once he got involved in 2005 and saw the pipe was leaking, he wrote a letter to DEP.
A DEP wetlands expert said last week that the marshlands surrounding the pipe are fairly healthy.
Regan said the city will likely come back to DEP with a counter offer to the proposed $31,000 fine.
"We have not agreed yet. We plan to have ongoing discussions (with DEP)," Regan said. "We are committed to working this out with the state."
Click here to return to story:
http://staugustine.com/stories/072208/news_072208_037.shtml
© The St. Augustine Record
Here's the DEP and City of St. Augustine "Spin"" Leak not hurting marsh DEP officials say the ecosystem is still 'pretty healthy'

Goobers from City of St. Augustine, Florida and State of Florida Kayak in Marsh, Make Unscientific Claims in Two-Part Harmony
Leak not hurting marsh
DEP officials say the ecosystem is still 'pretty healthy'
By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 07/19/08
Marshlands surrounding the city's leaking Waste Water Treatment Plant pipeline aren't that damaged, Florida Department of Environmental Protection officials said Friday.
"It's a pretty healthy ecosystem," said Jim Maher, DEP Environmental Resource Permitting Program Administrator, said of the marshland.
The 1,600-foot treatment plant pipe, located in Lincolnville off Riberia Street, has been leaking into the marsh at least since 2004. The failing pipe was meant to dump treated fresh water into the Intracoastal Waterway, but for years it has instead leaked fresh water into the salt water marsh, where it would sit stagnant. This has caused the area to become a vibrant green compared to the surrounding brown marsh, according to DEP.
Maher and Greg Strong, DEP Northeast District director, kayaked out to the pipeline Friday and said the environment "didn't look that bad."
"I've been doing this job for 20 years, and it didn't seem to be a major threat," Maher said.
But that doesn't mean the city is in the clear from facing Environmental Protection fines, Strong said.
"It's still under review," he said. "We've got some things to go through with that."
City staff put off replacing the pipeline because of cost, and the city manager has said the original estimate was more than $3 million for the project.
Environmental Protection also will take samples from the marsh and investigate more thoroughly what effect the pipeline's effluent has had on it, Maher said. The treated fresh water dumped into the salt water marsh has disrupted the ecosystem, according to DEP.
Recently, St. Augustine City Commissioners voted to spend roughly $1 million to install a new pipeline.
City staff is searching for a company to install the new pipeline.
City staff expects the entire process of putting in the new pipe will take no more than six weeks at a cost of about $1 million.
The money will come from surplus funds in the city's utility budget.
Timeline
# 1960s -- metal pipeline is constructed
# 2004 -- The year city staff learned the pipe was leaking.
# December 2005 -- Former City Public Works Director Bob Leetch had an engineering study done on the pipe. It shows there are "major problems" with the pipeline. He alerts the Environmental Protection and City Manager Bill Harriss.
# Mid 2006 -- Leetch tells Harriss the pipe needs to be replaced and it would cost $2 million-$3 million. Harriss says that's too much money and says no.
# February 2006 -- The city has an engineering diver inspect the pipeline. It shows there are 120 feet missing from the pipe and several gaps and holes.
# June 2007 -- The city repairs two major breaks in the pipe.
# July 2008 -- The city obtains environmental permits to fix the pipe, but expects to replace it.
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Letter: Off drilling off Florida, Alaska not answers
Letter: Off drilling off Florida, Alaska not answers
Kate Merrick
St. Augustine
Publication Date: 07/21/08
Editor: The American people are understandably concerned about sources for our energy needs, but drilling off the coasts of our beautiful Florida and Alaska are not the answer, in my opinion.
Regardless of claims to the contrary, it would certainly do great harm to the natural environment which has already suffered enough at our hands. Degradation of the environment is blamed for the increase and severity of hurricanes, cyclones, and other storms. Moreover, the experts tell us that those sources would provide very little of our nation's energy needs.
In The Record of July 13, I was surprised to read that "...what the president hasn't told you is that the oil companies are already sitting on 68 million acres of federal lands with the potential to nearly double U.S. oil production." Congress is supposed to be voting of the "use it or lose it" legislation very soon, meaning the big oil companies must develop these resources or lose their leases.
Once the oil barons stop calling the shots in this country, the floodgates on alternative energy development will open along with many new jobs.
When it comes to saving money, just watch the "creativity out of necessity" of the American people.
advances in solar, ideal for sunny states like ours, are producing nanosolar film, which promises to be much cheaper than solar panels.There are farmers in the U.S. who have produced their own power for years using methane produced from animal manure. Methane can be made from trash and garbage as well.What potential.
There are people in St. Augustine who have converted vehicles to alternative energy sources like used cooking oil.
It's time for forward thinking beyond fossil fuels and beyond nuclear, with its deadly waste. We need environmentalists in elected positions.
Also, when will we be recycling glass in St. Augustine?This is 2008.
Kate Merrick
St. Augustine
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© The St. Augustine Record
Kate Merrick
St. Augustine
Publication Date: 07/21/08
Editor: The American people are understandably concerned about sources for our energy needs, but drilling off the coasts of our beautiful Florida and Alaska are not the answer, in my opinion.
Regardless of claims to the contrary, it would certainly do great harm to the natural environment which has already suffered enough at our hands. Degradation of the environment is blamed for the increase and severity of hurricanes, cyclones, and other storms. Moreover, the experts tell us that those sources would provide very little of our nation's energy needs.
In The Record of July 13, I was surprised to read that "...what the president hasn't told you is that the oil companies are already sitting on 68 million acres of federal lands with the potential to nearly double U.S. oil production." Congress is supposed to be voting of the "use it or lose it" legislation very soon, meaning the big oil companies must develop these resources or lose their leases.
Once the oil barons stop calling the shots in this country, the floodgates on alternative energy development will open along with many new jobs.
When it comes to saving money, just watch the "creativity out of necessity" of the American people.
advances in solar, ideal for sunny states like ours, are producing nanosolar film, which promises to be much cheaper than solar panels.There are farmers in the U.S. who have produced their own power for years using methane produced from animal manure. Methane can be made from trash and garbage as well.What potential.
There are people in St. Augustine who have converted vehicles to alternative energy sources like used cooking oil.
It's time for forward thinking beyond fossil fuels and beyond nuclear, with its deadly waste. We need environmentalists in elected positions.
Also, when will we be recycling glass in St. Augustine?This is 2008.
Kate Merrick
St. Augustine
Click here to return to story:
http://staugustine.com/stories/072108/opinions_072108030.shtml
© The St. Augustine Record
EDITORIAL: Pipeline Repair Took Too Long
Pipe line repair took too long
Publication Date: 07/20/08
The St. Augustine City Commission has approved spending up to $1 million to replace a broken pipeline the city's known about for four years.
In good times, the 1,600-foot pipeline transported treated water from the city's wastewater treatment plant on Riberia Street into the Intracoastal Waterway. Since at least 2004, it has squandered treated water on a salt water marsh ecosystem. The marsh is not dead, it's just not the way it should be, brown in color rather than vibrant green.
The original cost to remedy the broken pipewas estimated by a private consultant at $2.5 million to $3.9 million. "We could have done it faster; it would have meant a lot more resources and we would have had to just open up the bank account," said John Regan, the city's chief operations officer, last week.
City Manager Bill Harriss concurred. He said he polled the City Commissioners individually at the time and each agreed that it was too costly and that a cheaper process should be found.
Friday, officials from the Department of Environmental Protection, toured the site in kayaks. "It's a pretty healthy ecosystem," Jim Maher, DEP Environmental Resource Permitting Program administrator, told The St. Augustine Record.
While that comment is encouraging, it's just one of many in a lengthy DEP review process. It does give city officials hope as they make their case for the pipeline replacement and ecosystem repair.
City officials and DEP will get together this week.
The gravity of any damage will be determined by DEP. The state agency also will review the city's proposed fix, running a new pipeline along an area away from the damaged marsh. In short, there are no fines nor any consent order to the city yet, said DEP spokeswoman Jodi Conway last week.
A chance comment by Harriss last year when some repairs were done to the pipeline indirectly affected the city's solution. "I looked at it and said, 'Why can't you just put a big garden hose across the water?" Harriss said Friday.
Regan passed the comment toa contractor's repon another city job. He told Regan the concept is used in the oil industry but had not been tried with treated wastewater. Now it is going to be, if DEP approves.
We're glad the pipe is getting replaced. But it was too long in coming, regardless of the cost savings.
We don't like the city facing a possible DEP fine.
The City Commission should have been more proactive and had Harriss bring the problem in 2005 to a public meeting for discussion.
With the public watching, the elected commission could have debated the issue openly, called for a wider range of repair/replacement optionsto review and perhaps found alower priceby putting the job out to bid. The fix could have been made sooner and less treated water would have gone into the salt water ecosystem.
Click here to return to story:
http://staugustine.com/stories/072008/opinions_072008_053.shtml
© The St. Augustine Record
Publication Date: 07/20/08
The St. Augustine City Commission has approved spending up to $1 million to replace a broken pipeline the city's known about for four years.
In good times, the 1,600-foot pipeline transported treated water from the city's wastewater treatment plant on Riberia Street into the Intracoastal Waterway. Since at least 2004, it has squandered treated water on a salt water marsh ecosystem. The marsh is not dead, it's just not the way it should be, brown in color rather than vibrant green.
The original cost to remedy the broken pipewas estimated by a private consultant at $2.5 million to $3.9 million. "We could have done it faster; it would have meant a lot more resources and we would have had to just open up the bank account," said John Regan, the city's chief operations officer, last week.
City Manager Bill Harriss concurred. He said he polled the City Commissioners individually at the time and each agreed that it was too costly and that a cheaper process should be found.
Friday, officials from the Department of Environmental Protection, toured the site in kayaks. "It's a pretty healthy ecosystem," Jim Maher, DEP Environmental Resource Permitting Program administrator, told The St. Augustine Record.
While that comment is encouraging, it's just one of many in a lengthy DEP review process. It does give city officials hope as they make their case for the pipeline replacement and ecosystem repair.
City officials and DEP will get together this week.
The gravity of any damage will be determined by DEP. The state agency also will review the city's proposed fix, running a new pipeline along an area away from the damaged marsh. In short, there are no fines nor any consent order to the city yet, said DEP spokeswoman Jodi Conway last week.
A chance comment by Harriss last year when some repairs were done to the pipeline indirectly affected the city's solution. "I looked at it and said, 'Why can't you just put a big garden hose across the water?" Harriss said Friday.
Regan passed the comment toa contractor's repon another city job. He told Regan the concept is used in the oil industry but had not been tried with treated wastewater. Now it is going to be, if DEP approves.
We're glad the pipe is getting replaced. But it was too long in coming, regardless of the cost savings.
We don't like the city facing a possible DEP fine.
The City Commission should have been more proactive and had Harriss bring the problem in 2005 to a public meeting for discussion.
With the public watching, the elected commission could have debated the issue openly, called for a wider range of repair/replacement optionsto review and perhaps found alower priceby putting the job out to bid. The fix could have been made sooner and less treated water would have gone into the salt water ecosystem.
Click here to return to story:
http://staugustine.com/stories/072008/opinions_072008_053.shtml
© The St. Augustine Record
Letter: City should not rush FPL renewal
Letter: City should not rush FPL renewal
Ed Slavin
St. Augustine
Publication Date: 07/18/08
Editor: St. Augustine City Commissioners will hold a public hearing July 28 on proposed Ordinance No. 2008-13, which would extend for 30 years the Florida Power & Light franchise to operate in the city of St. Augustine.
The franchise doesn't expire until June 2009. What's the rush?
If the FPL-drafted franchise agreement passes, St. Augustine and St. Johns County residents will be deprived of the once-in-a-generation opportunity to buy out FPL and start our own city-county electric system.
Let's consider the possibility of public power -- like Jacksonville, Orlando, Gainesville, Tallahassee, Clay County and other Florida towns -- 25 percent of Florida's population has public power (and almost 100 percent of Tennessee residents).
St. Augustine may be too small to take on FPL by itself, but why not work together with St. Johns County and Jacksonville?
Tell commissioners not to rubber-stamp yet another horrible franchise deal with another poorly-regulated utility monopolist. Remember the rush to judgment on Comcast's cable television franchise? Our city got snookered, with citizens stuck with a bad deal for 15 years.
City commissioners don't know how to negotiate with powerful corporations.
The hasty FPL franchise renewal deal must be stopped.
At least two new city commissioners will take office in December. Let them vote. Let's all vote on it. There's plenty of time to consider a referendum for a St. Augustine/St. Johns public power system, buying FPL's equipment and negotiating with JEA, Gainesville and Clay Electric to buy power.
Let's stop monopolistic FPL's 30-year franchise deal. What's the hurry? (Campaign contributions?) Let's learn more. Ask questions. Demand answers. Don't let city commissioners sign our rights away. Let's stop coddling ruthless, energy monopolists. Let's start planning for our energy future, right here.
Speak out on July 28th at City Commission at 5 p.m., 75 King St. It's our future.
Ed Slavin
St. Augustine
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© The St. Augustine Record
Ed Slavin
St. Augustine
Publication Date: 07/18/08
Editor: St. Augustine City Commissioners will hold a public hearing July 28 on proposed Ordinance No. 2008-13, which would extend for 30 years the Florida Power & Light franchise to operate in the city of St. Augustine.
The franchise doesn't expire until June 2009. What's the rush?
If the FPL-drafted franchise agreement passes, St. Augustine and St. Johns County residents will be deprived of the once-in-a-generation opportunity to buy out FPL and start our own city-county electric system.
Let's consider the possibility of public power -- like Jacksonville, Orlando, Gainesville, Tallahassee, Clay County and other Florida towns -- 25 percent of Florida's population has public power (and almost 100 percent of Tennessee residents).
St. Augustine may be too small to take on FPL by itself, but why not work together with St. Johns County and Jacksonville?
Tell commissioners not to rubber-stamp yet another horrible franchise deal with another poorly-regulated utility monopolist. Remember the rush to judgment on Comcast's cable television franchise? Our city got snookered, with citizens stuck with a bad deal for 15 years.
City commissioners don't know how to negotiate with powerful corporations.
The hasty FPL franchise renewal deal must be stopped.
At least two new city commissioners will take office in December. Let them vote. Let's all vote on it. There's plenty of time to consider a referendum for a St. Augustine/St. Johns public power system, buying FPL's equipment and negotiating with JEA, Gainesville and Clay Electric to buy power.
Let's stop monopolistic FPL's 30-year franchise deal. What's the hurry? (Campaign contributions?) Let's learn more. Ask questions. Demand answers. Don't let city commissioners sign our rights away. Let's stop coddling ruthless, energy monopolists. Let's start planning for our energy future, right here.
Speak out on July 28th at City Commission at 5 p.m., 75 King St. It's our future.
Ed Slavin
St. Augustine
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© The St. Augustine Record
Letter: Objects to raise or Wuellner
Letter: Objects to raise or Wuellner
Bruce and Marilyn Kendeigh (retired)
St. Augustine
Publication Date: 07/18/08
Editor: I read with interest in The Record on July 15 that the St. Johns County Airport Authority Board has approved a salary increase for the executive director. Any time that anyone responsible for tax fund expenditure gets a pay raise, especially with tax money as part of the increase, should be open to scrutiny and comment from the average taxpayer affected by the Airport Authority Board's largesse.
I'm assuming that the Record article was accurate: " Mr. (Ed) Wuellner currently makes just under $114,000 annually." Interesting. If our taxpayers would like to go to the minutes of the Airport Authority for Dec. 4, 2007, one would find that Wuellner had, at that time, an annual salary, approved by the Airport Authority Board, of $103,500 (not including the perks of an Authority-owned, two-story brick home, marsh view, a large SUV, provided by the Airport Authority for personal use). Free home, free SUV, no house payment / rent. the Authority discussed salary increases, per the Authority minutes, while Wuellner was in attendance, a situation approved by their attorney, Douglas Burnett.
Fast forward to today. St. Johns County Airport executive directory's salary, Dec. 4, 2007, $103,500 ( plus the freebies provided).
I guess my comment would be, since the Skybus fiasco (at, the executive director's quote, "We spent about $4.2 million for the facility, but FDOT reimbursed us for all but $ 500,000." As Board member Jack Gorman said, 'Ed, that's still tax money.'
What was the Airport Authority elected board thinking? A salary increase of 20 percent in salary for poor performance. Skybus failed. Why did St. Johns County residents/taxpayers pick up the tab for the lack of due diligence (for Skybus solvency) by Wuellner.
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© The St. Augustine Record
Bruce and Marilyn Kendeigh (retired)
St. Augustine
Publication Date: 07/18/08
Editor: I read with interest in The Record on July 15 that the St. Johns County Airport Authority Board has approved a salary increase for the executive director. Any time that anyone responsible for tax fund expenditure gets a pay raise, especially with tax money as part of the increase, should be open to scrutiny and comment from the average taxpayer affected by the Airport Authority Board's largesse.
I'm assuming that the Record article was accurate: " Mr. (Ed) Wuellner currently makes just under $114,000 annually." Interesting. If our taxpayers would like to go to the minutes of the Airport Authority for Dec. 4, 2007, one would find that Wuellner had, at that time, an annual salary, approved by the Airport Authority Board, of $103,500 (not including the perks of an Authority-owned, two-story brick home, marsh view, a large SUV, provided by the Airport Authority for personal use). Free home, free SUV, no house payment / rent. the Authority discussed salary increases, per the Authority minutes, while Wuellner was in attendance, a situation approved by their attorney, Douglas Burnett.
Fast forward to today. St. Johns County Airport executive directory's salary, Dec. 4, 2007, $103,500 ( plus the freebies provided).
I guess my comment would be, since the Skybus fiasco (at, the executive director's quote, "We spent about $4.2 million for the facility, but FDOT reimbursed us for all but $ 500,000." As Board member Jack Gorman said, 'Ed, that's still tax money.'
What was the Airport Authority elected board thinking? A salary increase of 20 percent in salary for poor performance. Skybus failed. Why did St. Johns County residents/taxpayers pick up the tab for the lack of due diligence (for Skybus solvency) by Wuellner.
Click here to return to story:
http://staugustine.com/stories/071808/opinions_071808_058.shtml
© The St. Augustine Record
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