Clean Up City of St. Augustine, Florida

In secret, behind locked gates, our Nation's Oldest City dumped a landfill in a lake (Old City Reservoir), while emitting sewage in our rivers and salt marsh. Organized citizens exposed and defeated pollution, racism and cronyism. We elected a new Mayor. We're transforming our City -- advanced citizenship. Ask questions. Make disclosures. Demand answers. Be involved. Expect democracy. Report and expose corruption. Smile! Help enact a St. Augustine National Park and Seashore. We shall overcome!

Thursday, January 29, 2009

Guest Column: St. Augustine should have a national historical park

Guest Column: St. Augustine should have a national historical park

ED SLAVIN
St. Augustine
Publication Date: 03/26/07

Real estate speculators (some foreign-funded) continue to destroy our local wildlife, habitat, nature and history. Roads are clogged. Noise abounds. Our way of life is being destroyed. Unfeeling, uncaring Philistines are turning St. Johns County into an uglier, unreasonable facsimile of South Florida. Unjust county government stewards allowed an asphalt plant near homes. Another plant reportedly emits 50 tons/year of volatile organic compounds into residents' and workers' lungs and brains.

Speculators are even trying to build homes on top of unremediated septic tanks/fields, while vacationing boaters pollute our Bay front with untreated sewage (the only boat-pumpout-station is at Conch House Marina). Our Bay front (which lacks a harbormaster) had an oil spill Jan. 15. Developers demand to build docks over city-owned State Road 312 area marshes for boat-owners' pleasure. Enough.

Let's invite environmental tourism by preserving an "emerald necklace of parks," including the city-owned marsh.

Ask Congress to hold hearings to map our "St. Augustine National Historical Park and National Seashore" (SANHPNS), using 1928-style trolleycars to save gasoline, uniting the Castillo and Fort Matanzas National Monuments, "slave market park," downtown streets, Government House, Red House Bluff indigenous village (next to historical society), marshes, forests, National Cemetery, GTM NERR, Anastasia State Park, Fort Mose and other city, county, state and St. Johns River Water Management District lands.

Let's cancel future shock/schlock/sprawl/ugliness/skyscrapers and eliminate temptations to abuse/neglect/misuse state parks and historic buildings for golf courses and rote, rube commercialism.

In December, State Sen. Jim King suggested Florida donate "deed and title" of state buildings to our city. I suggested that we deed them to the National Park Service (NPS), with St. George Street visitor center in restored buildings, saving millions (as in the New Bedford Whaling National Historical Park).

St. Augustine needs a national civil rights and indigenous history museum, celebrating local residents and national leaders, whose courage helped win passage of 1964's Civil Rights Act. Why not put the museum in the old Woolworth's building, restored to its former glory, with wood floors, lunch-counter and exhibits on the civil rights struggles that changed history (well- documented in Jeremy Dean's documentary, "Dare Not Walk Alone"), with "footsoldiers monument" across the street ?

Why not (finally) implement the 2003 National Trust for Historic Preservation and Flagler College study on how to protect our history? Let's tax tourists more to fund historic preservation, as in Charleston/elsewhere.

Let's preserve/protect the quality of our lives and visitors' experience (and property values) by preserving forever what speculators haven't destroyed (yet).

Let's adopt a three-year moratorium on growth, while we work to adopt truly comprehensive plans worthy of the name.

Colonial National Historical Park (NHP), Philadelphia's Independence NHP and NHPs in Boston, New Bedford, Valley Forge, San Francisco and Saratoga.

There's a Martin Luther King historical site in Atlanta, NHPs for "Rosie the Riveter" (California) and the "War in the Pacific" (Guam), and new parks slated for ten Japanese internment camps.

Florida hosts Everglades, Dry Tortugas and Biscayne National Parks and Canaveral National Seashore. Let's add St. Augustine to the list.

From sea to shining sea, America's coastal areas enjoy national parks. Where's ours?

Let's make parts of State Road A1A a National Parkway and hiking/biking trail, like the Colonial National Historical Parkway and the Baltimore Washington, George Washington, Rock Creek and John D. Rockefeller (Wyoming) Parkways and the Appalachian Trial and C&O Canal.

Let's add St. Augustine to the list of our nation's most beloved national parks, joining Zion, Yosemite, Grand Canyon, Bryce Canyon and the Great Smoky Mountains.

Florida's 500th and St. Augustine's 450th anniversaries are only six and eight years away (2013 and 2015). Enacting a national park and seashore will forever preserve the treasures that we love. It will halt the sprawl we hate, increase tourism and reduce local taxes, paying speculators to stop.

Mayor Joe Boles' mother graciously thanked me for speaking out on these issues after the Jan. 22 City Commission meeting -- issues that Mrs. Boles has been outspoken about for "30 years." Let's honor/heed Mrs. Boles' wisdom -- and those who proposed a national park before World War II. Let's save St. Augustine and our environment forever.

Ed Slavin lives in St. Augustine.

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Support for National Park: Gift ideas few for city's big 4-5-0

From Staff
Publication Date: 10/06/07

Gift ideas few for city's big 4-5-0

We asked readers last week to suggest the best gift for the city of St. Augustine's 450th birthday in 2015.

We got a few.

Perhaps most people don't think there's any gift to be had when you reach 450.

Here's what readers told us:

Editor: Our Minorcan family has lived here for some 230 years. For our 450th, to save St. Augustine, our city needs a national historical park, seashore and scenic coastal highway to showcase to the world and to preserve forever our precious cultural, environmental and wildlife heritage.

Drayton Manucy

St. Augustine

Editor: I support Ed Slavin's Nov. 13, 2006 proposal for a St. Augustine National Historic Park, National Seashore and National Scenic Coastal Highway. This beautiful historic place must be preserved forever (or else our history and heritage and beauty will be destroyed forever). Congress must act swiftly.

David Brian Wallace

St. Augustine

Editor: The newly formed Theatre Saint Augustine has planned a meeting for all members of the community to develop thoughts on how the artistic and historic community can work together towards events for the 450th celebration. The possible development of a revised Cross and Sword, Florida's state play, will be a focus of discussion at the St. Johns County Main Public Library, 1960 N. Ponce de Leon Blvd., for Oct. 22, at 6 p.m., For additional information visit www.theatresaintaugustine.com

Kiki Tovey

Theatre Saint Augustine

St. Augustine

Those are some good ideas.

We'd add, too, that perhaps city officials should visit Kansas City, Mo., where beautiful fountains and bronze statues of all sizes delight visitors and residents alike.

Some commemorate events, others people. We've got some statues and fountains already but nothing like you will find in KCMO.

The city is proof, you can never have too many fountains or statues.

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Guest Column: Giving thanks for people who speak out

Guest Column: Giving thanks for people who speak out

Ed Slavin
St. Augustine
Publication Date: 11/25/07

At Thanksgiving, I give thanks for:

1. St. Augustine's civil rights "foot soldiers," who changed history. They deserve a prominent museum.

2. Our American Founding Fathers and those who work for democracy and transparency everywhere.

3. Nature and those who work to protect it everywhere be especially thankful whenever Congress enacts a St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act, including electric trolley-cars.

4. People of faith for speaking out for global environmental protection and against war and poverty.

5. Veterans for defending our liberties.

6. Flagler College for recognizing student rights (Club Unity and Gargoyle newspaper).

7. St. Johns County Commissioners, better listeners than St. Augustine City Commissioners (whose antics rightly earn Folio Weekly "brickbats" and improved St. Augustine Record coverage).

8. Anastasia Mosquito Control District commissioners for canceling its $1.8 million luxury jet helicopter and ending risks to people, pets, butterflies, frogs and other "non-target organisms" from spraying organophosphates. Thanks to three AMCD Commissioners (Emily Hummel, Barbara Bosanko, Linda Wampler) for changing their minds and two others (Jeanne Moeller and John Sundeman) for persisting in speaking their truths. Courage.

9. The Burrell, Mills, Ponce and other local families for standing up to land speculators like Robert Michael Graubard. Expose "developers" (a/k/a land-raping, tree-killing, wetland-destroying speculators, whom County Commission Chairman Ben Rich calls "worse than any carpetbagger").

10. FBI for investigating/prosecuting political corruption, including convicting two Miami PBS&J engineering chief executive officers for illegal campaign contributions/bribery/embezzlement. Follow the money.

11. Congress and investigative reporters for uncovering corruption. Be thankful whenever the House Judiciary Committee finally begins impeachment hearings.

12. Our city of St. Augustine for admitting wrongdoing in its illegally:

a. polluting Lincolnville for decades with illegal dumps;

b. moving illegal dumps' contaminants into our Old City Reservoir 2005-2006. No thanks to Florida Department of Environmental Protection (a/k/a "Don't Expect Protection") for allowing our city to move 20,000 cubic yards of contaminants back to Lincolnville. Environmental racism? No thanks to St. Augustine City Manager William Harriss, who blamed former subordinates, recently yelling "I've done nothing wrong." Be thankful when sworn witnesses testify about environmental crimes.

13. John and Elizabeth Edwards, for running a clean lobbyist-free presidential campaign and exposing Ann Coulter's bigotry.

14. Al Gore for winning Nobel Peace Prize and Oscar for "An Inconvenient Truth." Florida proudly voted for Gore in 2000, with recounts wrongfully ordered halted.

15. My parents, family, teachers, professors, friends and mentors for teaching me to question large organizations and how they mistreat people. Always ask, "why" (and "why not?"). Uncovering uncaring governments' massive, secretive pollution in Oak Ridge, Tenn., mercury (1983) and St. Augustine Old City Reservoir confirmed my mother's wisdom: "Trust your mother, but cut the cards." "The truth will set you free."

16. Congressional Democrats for raising the minimum wage (first time in nine years), while voting to protect whistleblowers and our environment.

17. Progressives, activists, performers, whistleblowers, artists, scientists, reporters/writers and truth-tellers. They've enriched our lives.

18. People willing to work for new leadership in Washington. Our U.S. Rep. John Mica voted against whistleblowers and against raising federal minimum wages. In 2004, 72 percent of Floridians voted to raise our minimum wage. Mica sought to halt investigations of Abu Ghraib and Guantanamo. Mica defends Big Oil company price-gouging and offshore oil drilling demands. Enough.

Be thankful we get to overthrow our governments every two years. We need new leaders, including a "humble" president who "restores honor and dignity to the White House" (as Bush falsely promised). Too many politicians are arrogant, waste money and won't admit mistakes.

As Mosquito Control Commissioner Jeanne Moeller says, "there are more people like us than there are people like them."

Thank you for working to improve our future.

Robert Kennedy said, "it is from numberless diverse acts of courage and belief that human history is shaped. Each time a [person] stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, [s]he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."

Ed Slavin is a Georgetown University School of Foreign Service graduate, journalist, advocate/activist who first proposed a St. Augustine National Historical Park, Seashore and Scenic Coastal Highway on Nov. 13, 2006.

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Guest Column: St. Augustine should have a national historical park

Letter: City needs greater protection of resources

Letter: City needs greater protection of resources

Judith Seraphin
St. Augustine
Publication Date: 02/11/07

Editor: Let's adopt a moratorium on development of our local St. Augustine area and the history, wetlands, forests, seashores and wildlife, at least until our 110th Congress holds hearings about preservation.

The alternative is developers who propose to develop housing on arsenic-contaminated lands, sewage-polluted lands and pesticide-contaminated lands that is undisclosed to buyers. The alternative to what should be a National Seashore, is daily turned into a "national sacrifice area" for developers, who systematically destroy all the reasons so many of us chose to move here in the first place.

The "alternative" is rubberstamping the short-sighted plans of those who are euchred to sell their generations-old birthright to foreign developers, destroying our region's nature for short-term profits, while refusing to disclose the owners of the sell-out organizations.

Let's follow the examples of my native Philadelphia's Independence National Historical Park, and of the Cape Cod National Seashore, and our nation's other national parks and national seashores.

Let's just say "no" to the secretive, other-directed, undisclosed, environmentally-insensitive (and foreign-funded) developers and investors who have no respect for our history, culture, wildlife and experience.

What's good enough for Boston, Philadelphia, New Bedford, Cape Cod, Washington, D.C., Guam, San Francisco and other national parklands is good enough for St. Augustine, Florida. Working with city, county and state elected representatives, the people of St. Augustine and St. Johns County must work to preserve our local/regional history and wildlife habitats inviolate, forever. I strongly support Ed Slavin's proposal for a "St. Augustine National Historical Park and National Seashore," now.

Who among us could possibly disagree?

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Guest Column: Press must get tough on city leaders

Guest Column: Press must get tough on city leaders

DAVID BRIAN WALLACE
St. Augustine
Publication Date: 01/14/07

We sincerely appreciate improvements in the St. Augustine Record and hope it continues to improve. Increased news coverage is deserved of lawbreaking by city of St. Augustine officials.

St. Augustine city government's lawbreaking continued three days before Christmas. City Commission broke the Sunshine law (again) by voting Dec. 22 to ban venders from the Plaza de la Constitucion and to hire Ron Brown as permanent city attorney. The special meeting notice said it was solely to enact tax breaks for low-income elderly. St. Augustine city officials cared not for public rights to notice and an opportunity to speak.

City commissioners violated the Sunshine law on Oct. 13 when they hired Ron Brown as temporary city attorney, with no advance notice. City officials must be investigated by grand jurors.

Why do city officials always have to be picking on someone, and holding illegal meetings? Are disgruntled city officials only happy when they are making someone else unhappy? Do they think their "gotcha" government wins friends?

Our city government created the homelessness problem. Remember the buskers, artists, entertainers and musicians along St. George Street? Though buskers were popular with tourists, our misguided City Manager, William B. Harriss, and Commission (Commissioner Susan Burk dissenting), banned buskers from St. George Street. The city promised they could use the public market in the Plaza. Now panhandlers have replaced St. George Street buskers. Venders are being kicked out of the Plaza.

Homelessness is a predictable result of governments neglecting responsibilities and corporations' shipping our jobs overseas ñ Lou Dobbs' "Race to the Bottom."

We need investigative reporting, not government and corporate apologists.

Too often, press and politicians forget they work for the people.

Legislating against buskers, musicians, artists, entertainers, the homeless and venders will not make anyone happier or wealthier.

"Blaming the victims" of poverty is a wretched excuse for public policy or journalism.

The Record must continue to improve its coverage during 2007, shining the searchlight of investigative reporting, empowered by Florida's Sunshine law, on corrupt, dysfunctional local organizations.

St. Augustine city officials must be held accountable by the people, prosecutors, the courts and Gov. Charlie Crist (who has created an office of Government Openness, which sounds promising). Let's persist in exposing wrongdoing and demanding that public meetings and records be open and understood, eliminating wasteful spending.

Like good diplomats, we must not take "no" for an answer. City of St. Augustine pollution, Sunshine and open records violations must be remedied/stopped. Dumping the contents of St. Augustine's old city dump into the Old City Reservoir was only the tip of the proverbial iceberg in local governments' involvement in environmental crimes. We must investigate and prosecute environmental crimes (including bald eagle nest-tree cutters, clear-cutters, polluters and wetland-destroyers).

Let's solve environmental and historic preservation problems creatively, graciously.

Let's ask Congress and the president to enact a "St. Augustine National Historical Park and National Seashore" for everyone. I agree with Ed Slavin's idea, first shared at the Nov. 13, 2006, City Commission meeting. There's no principled reason for St. Augustine not to share federal park dollars spent liberally elsewhere. St. Augustine deserves an actual "National Park" (not just the Castillo de San Marcos and Fort Matanzas, both "National Monuments").

The National Park Service (NPS) is America's most trusted, favorite federal agency, with long experience/expertise.

Let's combine historic city streets, the Anastasia State Park and Guana Tolomato Matanzas National Estuarine Research Reserve (formerly Guana River State Park), Red House Bluff, and other local history/nature into one world-class tourist destination, administered by NPS, inspired by Cape Cod, New Bedford and Philadelphia national parks/seashores. Let's preserve history/nature and culture, earning more national and international tourists' time (not just daytrips from nearby neighbors).

We're blessed with an opportunity of a lifetime: voters' righteous revulsion against wholesale history/nature destruction (and current real estate market). Let's unite our diverse community, working to preserve what makes St. Augustine and St. Johns County great, unique, enjoyable. Future generations will thank us and praise our leaders' vision. St. Augustine National Historical Park and National Seashore:

Let's get it done. It's up to us.

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Persistence of citizens prevails in dumping order

Persistence of citizens prevails in dumping order

By ED SLAVIN
St. Augustine
Publication Date: 05/25/08

I am proud to live in our Nation's Oldest (European-founded) City because of our citizens' character and diversity. Thanks to you, on May 12, City Commissioners unanimously approved a consent decree with Florida Department of Environmental Protection (FDEP): It guarantees that solid waste illegally dumped in our Old City Reservoir will be disposed of properly in a Class I landfill -- it will not be returned to our historic African-American community of Lincolnville. Commissioners unanimously voted Nov. 13 to support Commissioner Errol Jones' ill-advised motion to send waste back to Lincolnville.

On May 12, commissioners heard and heeded hundreds who turned out at the St. Paul's A.M.E. Church on Dec. 13 and January 10, supporting the seven community activists who asked FDEP to stop Lincolnville dumping (Judith and Anthony Seraphin, Diane and Gerald Mills, Dr. Dwight Hines, David Thundershield Queen and me).

The people have won yet another round against City Hall. Your victory bodes well for what our community can do to observe 11,000 years of history (450th anniversary of St. Augustine and 500th anniversary of Spanish Florida).

As Dana Ste. Claire rightly urged, we must celebrate diversity. We need a St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway, about which County Commissioners may schedule a straw ballot vote.

I agree with former Mayor George Gardner, who rightly blasted the lack of energy and creativity in our city's Heritage Tourism Department.

Our City Hall needs a clean sweep.

Anthropologist Margaret Mead said it best, "A city is a place where there is no need to wait for next week to get the answer to a question, to taste the food of any country, to find new voices to listen to and familiar ones to listen to again."

Mead also said, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

Margaret Mead visited Oak Ridge, Tenn., and exposed its provincialism, not knowing secrecy perpetrated a massive environmental crime.

Twenty-five years ago, on May 17, 1983, our small weekly newspaper (Appalachian Observer) won declassification of the largest mercury pollution event in world history. Our federal government in Oak Ridge, emitted 4.2 million pounds of mercury into creeks, groundwater and workers' lungs and brains -- more than was dumped in Minimata, Japan.

Oak Ridge's pollution scandal started scrutiny of the entire U.S. nuclear weapons complex -- a cleanup still ongoing.

Then-Rep. Al Gore held an investigative hearing in Oak Ridge on July 11, 1983, swearing in witnesses (a nuclear complex first). I called for criminal prosecution of mercury-dumping Union Carbide and Department of Energy officials.

For decades, Oak Ridge residents were afraid to speak out. As a result, government environmental crimes were never punished.

Contrast that with the free, independent spirit of today's St. Augustinians, who swiftly achieved significant results against one of the worst abuses of power anywhere.

Like Oak Ridge's mindless, maniacal mercury-dumpers, St. Augustine's city manager was never reprimanded for dumping solid waste in the Old City Reservoir -- William Harriss got a pass (and a plaque) in the midst of a pending criminal investigation.

Unanswered questions remain 27 months after St. Augustine dumping was reported. Other local dumps await investigation/cleanup. (To report pollution, call the National Response Center, 1-800-424-8802). The illegal city dump at the south end of Riberia Street awaits a consent decree and cleanup. Our search for truth continues.

With your help and prayers, our city will become a much better place for all of our citizens.

As we sang at St. Paul's on Jan. 10, "we shall overcome."

Ed Slavin earned a degree in diplomacy from Georgetown University and a law degree from Memphis State University; he was recommended for a Pulitzer Prize by Oak Ridge District Attorney Jim Ramsey in 1983.

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Guest Column: Public can fight St. Augustine 'City Hall'

Guest Column: Public can fight St. Augustine 'City Hall'

Publication Date: 02/02/08

Folio Weekly termed me an "environmental hero" on illegal dumping. I merely did my job as a citizen.

Since February 2006, I have endeavored to learn about City Manager William B. Harriss and the illegal dumping. Questions were stymied by city ommissioners interrupting me with ridicule, rodomontade, and non sequiturs. Whenever a community or constituency goes to the City Commission to express their concerns, they're treated disdainfully, often leaving disillusioned, hurt.

Commissioners' hubris is nearly fatal to democracy and our environment - including forgiving a $15,000 tree-killing fine and approving the shipping back of solid waste to Lincolnville - without allowing any public comment, violating specific promises in each case.

Violations of free speech rights are indefensible and must be ended.

America was founded by visionaries who cherished free speech: Robert F. Kennedy said that if our Constitution were written in St. Paul's style, it would say: "But the most important of these is speech."

Free speech is everywhere under attack - locally, nationally and globally. Embittered, controlling, manipulative organizational oligarchs hate dissent and retaliate, yielding to immoral, infernal lusts to "reach out, reach out and crush someone."

From Harriss to President George Walker Bush to Russia's Vladimir Putin, "they know not that they know not that they know not."

Apparently not even oligarchs' own family members are safe from "gag orders" and efforts to chill/punish dissent. Mayor Joseph Leroy Boles, Jr. allegedly told his mother Maurine (a member of our city's history advisory board) to stop commenting on public issues (after I quoted her in The Record last year as supporting the proposed St. Augustine National Historical Park, National Seashore and National Scenic Highway). Joseph Boles opposes "federalizing" history and park functions (neglected by our city and state).

"How low can City Hall go?" Threatening citizens with arrest, violating free speech rights, refusing to answer budget hearing questions (or televise budget hearings); attacking artists and entertainers (St. George Street and Slave Market Square a/k/a Plaza de la Constitucion); discouraging meeting attendance (removing 60 seats from the Alcazar Room); reducing your available time for public comments outside scheduled agenda items (from 8 minutes to 3 minutes per meeting); insulting persons asking questions; threatening to seek attorney fees against Dr. Dwight Hines for filing his successful Open Records lawsuit, with Boles demanding to make him "pay the piper" (our city wrongfully withheld more than 45 pounds of public records it claimed did not exist).

Where are the "sanctions"/prosecutions for City Hall's criminal, anti-social, anti-environmental, anti-worker acts?

Our St. Augustine government embarrasses us all: illegal dumping in the Old City Reservoir (risking the health of untrained employees); wasteful spending ($22 million "White Elephant Parking Garage"); and suppressing free speech. It detracts from the beauty, history and image of our town.

Michael Dukakis said, "the fish rots from the head." City managers/staff are often surly, during commission meetings actually laughing and talking on cell phones when citizens and commissioners are speaking. Where are their manners?

Our city manager and city attorney sit with their backs to the public, never shown on-camera on cable-TV, speaking without being identified by name. Employees live in fear of retaliation if they speak the truth about Harriss and his reign of ruin.

Meanwhile, our county officials are more protective and vigilant to protect free speech rights, expanding public comment rights and clarifying First Amendment rights on county property (Amphitheater/Farmer's Market, Fairground and World Golf Village Convention Center).

Virtually all-white, all-male City Hall officialdom is isolated and an anachronism.

Every time St. Augustine City Commissioners violate First Amendment rights, a part of the soul of our city dies. Our Nation's Oldest City and its history and beauty are worth saving. We need greater transparency and accountability. See Clean Up City of St. Augustine, www.cleanupcityofstaugustine.blogspot.com for pollution and other scandals and solutions.

Get involved. Run for office. Support reformers. Vote. Write. Speak out.

We need a "clean sweep" - "a new broom sweeps clean." Why not display a broom in your car/pickup/lawn/porch? Prove wrong those naysayers who complain, "you can't fight City Hall."

Ask questions. Demand answers. This is advanced citizenship. Smile. It's 2008.

Ed Slavin is former legal counsel for constitutional rights with Government Accountability Project; worked for three U.S. senators (Ted Kennedy, Gary Hart and Jim Sasser); clerked for Chief Judge Nahum Litt of the U.S. Department of Labor; and wrote a biography of President Jimmy Carter for young readers (forward by Arthur M. Schlesinger, Jr.).

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City of St. Augustine Cronies Spread Disinformation Attacking St. Augustine National Historical Park, Seashore and Scenic Coastal Highway

Never before today has anyone from the City of St. Augustine's crew of henchmen deigned to respond in writing regarding the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act of 2009. City burghers like WILLIAM B. HARRISS are controllers who don't want to let the National Park Service expand its presence here, and they're willing to say anything to fight it.

Hence, COmmissioner ERROL JONES a/k/a ERRONEOUS JONES claiming at the January 12, 2009 City Commission meeting that the City of St. Augustine would cease to exist with a national park (not true) and that policemen and firemen would lose jobs (not true).

Earlier today, another obsessed "Anonymice" energumen on Plazabum.com, who goes by
"Babbleon" (Cheryl Robitzsch, perhaps?) posted the following screed:

Well here is what I think:

1- We ALREADY have a National Park, and it's already known far and wide to be IN St. Augustine - The Castillo De San Marcos.

NO. It is a National Monument.

2- We ALREADY have a FLORIDA SCENIC COASTAL HIGHWAY, SR A1A. What's the point in spending our national tax dollars to change ALL those nice signs, wasting the STATE tax money already spent on them? For WHAT?????
WHATS THE POINT????

The point is to protect the beach from all of GEORGE McCLURE's clients, so environmental tourtists have beautiful beaches and forests to visit.

3-We ALREADY have an official STATE Seashore - Anastasia State Park. It's NOT Broken. What ARE you trying to fix here?? WHY is Ed Slavin trying to waste our taxes with this pork?? WHATS THE POINT, ED?????

This is not "pork," it's a park, and Congress is in the process of creating more national parks -- as I asked our six St. Johns County state senators and legislators "where's ours?" They understand, even if WILLIAM B. HARRISS and henchmen pretend not to understand. (One top city official told me last year if it were up to him, the City would support the park. Mayor BOLES' mother supports the park and told me so, as reported in my St. Augustine record colum (above).

The point is that we can save money in our city, county and state budgets by combining resources and creating a national park, with the National Park Service (America's favorite government agency) doing a far better job with more resources than the city, county and state can spend (because they can't run deficits).

As Cyndi Stevenson and other Commmissioners understand, marketing our environmental and historic tourism opporunities is a way of growing our economy.

JFK said, "a rising tide lifts all boats.'

Athens Banner-Herald: 15 jobs cut at Athens Banner-Herald

15 jobs cut at Athens Banner-Herald
From Staff Reports | Story updated at 11:38 pm on 1/27/2009

The newspaper industry's deep-rooted problems combined with recessionary pressures have led the Athens Banner-Herald to eliminate 15 full-time employees.

Scot Morrissey, Banner-Herald publisher, announced the eliminations Tuesday. All departments were impacted. Employees were given severance packages and employment transition services.

These cuts, combined with other cost-savings measures, will help offset significant revenue shortfalls, Morrissey said. The company employs more than 100 full- and part-time workers and more than 110 independent contract carriers. Morris Communications LLC is the parent company of the Banner-Herald.

"This downturn has hit our customers (both local and national) and, in turn, is affecting us," Morrissey said. "Right now, our customers are feeling the pinch and that affects what they spend on advertising and marketing. This is forcing us to make adjustments."

Whether tied to the volatile market or changes in the way people receive news, other print media have been forced into a similar position. Large newspaper companies such as the New York Times Co. and Chicago Tribune have undergone significant downsizing in recent years.

Augusta-based Morris Communications has not been an exception. During the past two years, the company has seen similar job eliminations across its 13 newspapers including the Augusta Chronicle, Savannah Morning News and Florida Times-Union, which make up Morris' footprint in Georgia.

While painful in the short term, Morrissey doesn't believe the recent moves cripple the Banner-Herald or prevent the newspaper from moving forward. In fact, he remains optimistic about the future.

"We're no different than many of our customers sitting down to decide what they can do without during this downturn. These decisions are painful," Morrissey said. "Once we weather this unprecedented downturn, and we along with our customers will weather it, this newspaper is positioned to serve the news and information needs of the community - no question.

"In fact, necessity is the mother of invention and will help define what needs our readers and customers have and how we should serve them."

As most newspaper executives across the country, Morrissey sees the newspaper's Web site, OnlineAthens.com, continuing to grow. A 2008 ABC-backed study ranked the Banner-Herald among the national elite in the newspaper's ability to reach audience both in print and online. Of the 130 participating newspapers, the Banner-Herald ranked third, reaching a higher percentage of its coverage area than nearly any other newspaper in the country.

"Many newspapers are only now ramping up online news and information offerings. The Banner-Herald is helping lead the nation in cutting-edge information and advertising online," Morrissey said.

Both the Internet site and other specialty publications to be rolled out during the year are part of the company's ongoing effort to develop new products that reach people where they want to be reached, Morrissey said.

Originally published in the Athens Banner-Herald on Wednesday, January 28, 2009

Editor and Publisher Magazine: Is Morris Publishing On the Way to Bankruptcy Court?

November 14, 2008
With Asset Sales Off The Table, Is Morris Publishing On The Way To Bankruptcy Court? S&P Thinks So.
Fitz: When Morris Publishing Group executives spoke with analysts on an earnings conference call earlier this week, they never quite said they were going to pursue and complete a big sale by the spring, as required in their amended credit agreement. So Friday, Standard & Poor's Ratings Services lowered the recovery rating on its subordinated debt to the lowest level possible, 6 -- a rating it says indicates "that lenders can expect negligible (0% to 10%) recovery in the event of a payment default." And it downgraded Morris' corporate CCC from CCC+, a rating on the lower end of the junk bond continuum.

S&P said it was disappointed Morris gave analysts no indication it was negotiating the sale of any assets. "Our ratings, therefore, do not incorporate the expectation that the company will consummate a transaction that will generate funds to repay the credit facility. We are concerned that the company may file for bankruptcy protection to reduce its debt outstanding," the report by credit analyst Liz Fairbanks said.

Later Friday, Morris -- publisher of 13 dailes including The Augusta (Geo.) Chronicle in its corporate hometown -- filed a 10Q with the SEC that pretty much removes any doubt that it does not intend to try to sell newspapers or its broadcast TV stations in this terrible market for media properties.

What Morris said, and what Standard & Poor's fears, below:

"Since it is unlikely that the company would be able to enter into such a (asset sale) transaction, the company will likely be dependent on the ability of its parent (Morris Communications) to enter into a transaction that would allow the company to amend or refinance the bank credit facilities," Morris Publishing said. Morris said its long-term debt stood at $423.9 million as of Sept. 30, down from $427.9 a year ago.

So is Morris looking at bankruptcy? Senior Vice President of Finance Craig Mitchell didn't return our phone call seeking comment, but Standard & Poor's paints a grim near-term future.

"The corporate credit rating downgrade reflects our concern that, even with the covenant relief provided in the most recent executed amendment, the company will be unable to sustain its current capital structure over the next several quarters," credit analyst Fairbanks said.

In 2009, S&P expects Morris revenue to be down by a percentage in the mid-teens -- and EBITDA (earnings before interest, taxes, depreciation, and amortization) will shrink by 30%. If Morris ends this year with an EBITDA of about $46 million, as S&P estimates, that means its debt-to-EBITDA ratio would be a quite-high 10 times. Even with the looser covenants of the amended credit agreement, Morris will be out of compliance by the quarter ending June 30, 2009.

Earler this week, Morris reported a third--quarter net loss of $163.2 million that included an impairment charge of $170.7 million that complete wrote off goodwill on its balance sheet.

Jacksonville Business Journal: Morris Publishing hires bankruptcy legal, financial counsel

Wednesday, January 28, 2009, 10:33am EST | Modified: Thursday, January 29, 2009, 9:49am

Morris Publishing hires legal, financial counsel
Jacksonville Business Journal - by Christian Conte

Morris Publishing Group LLC, the parent company of the Florida Times-Union, has hired a financial adviser that specializes in helping newspaper chains in or near bankruptcy.

Lazard Freres & Co. LLC will assist the company in evaluating its capital structure options, according to a press release issued by the company. Lazard Freres also works for the Tribune Co., the owner of the Los Angeles Times and the Chicago Tribune, among others, which filed for Chapter 11 bankruptcy protection in December, and the Journal Register Co. (NYSE: JRC), which owns the New Haven Register.

Morris Publishing, an affiliate of Augusta, Ga.-based Morris Communications Co. LLC, is a privately held media company. Morris Publishing owns and operates 13 daily and nondaily newspapers, city magazines and free community publications in the Southeast, Midwest, Southwest and Alaska. The company has struggled with declining advertising revenue for several years, resulting in layoffs and other cost-saving measures.

Morris Publishing amended its credit agreements with lenders and JP Morgan Chase & Co. for the third time in October, according to a filing with the U.S. Securities and Exchange Commission. Part of the changes include Morris Publishing proving it had sufficient funds to pay its debts through March 31. This could include selling company assets to meet the loan agreements.

The company lost $163.2 million in the quarter ended Sept. 30, compared with income of nearly $5 million in the same period in 2007, according to its latest earnings report with the SEC.

The Poynter Institute Media Business Analyst Rick Edmonds said Morris Publishing is among the growing number of newspaper chains that are struggling with debt. Like the Journal Register, Morris Publishing held down expenses to optimize profits during good economic conditions, which makes it even more difficult now that the company has had to cut costs and staff.

Morris Publishing also hired Gerber & Eisenberg LLP as legal counsel. Bankruptcy, reorganization and creditors’ rights are among the specialities listed on the law firm’s Web site.

A representative of Morris Publishing could not be reached for comment.

All contents of this site © American City Business Journals Inc. All rights reserved.

Amarillo Globe-News: Morris Publishing Group LLC HIres Bankruptcy Lawyer, Financial Advisor

Web-posted Thursday, January 29, 2009
Morris hires financial adviser, legal counsel

Morris Publishing Group LLC has hired Lazard Freres & Co. LLC as its financial adviser and Neal, Gerber & Eisenberg LLP as legal counsel.
"These firms will assist us in evaluating our strategic options regarding Morris Publishing's existing capital structure," said William S. Morris III, chairman of Morris Publishing.

Morris Publishing Group, an affiliate of Morris Communications Co., is a privately held media company based in Augusta, Ga. Morris Publishing owns and operates 13 daily newspapers, including the Amarillo Globe-News, and nondaily newspapers, city magazines and free community publications in the Southeast, Midwest, Southwest and Alaska.

- Wire reports

IN HAEC VERBA: SEC Filing of Morris Publishing Finance on "Risk Factors" Associated With Publisher of St. Augustine Record, Florida Times-Union

http://sec.edgar-online.com/morris-publishing-finance-co/10-k-annual-report/2008/03/31/Section17.aspx

Item 1A—Risk Factors

Ø The risks relating to our business and our industry, which could cause our operating results and financial condition to be materially adversely affected, are described below :

Further declines in advertising revenue, our largest source of revenue, would adversely affect us.

A primary source of our revenue is advertising. For 2007 and 2006, advertising revenue from continuing operations, which include retail, national and classified advertising revenues, constituted approximately 81.9% and 83.3%, respectively, of our total net operating revenues from continuing operations. A reduction in demand for advertising could result from:

· a general decline in economic conditions;

· further declines in economic conditions in particular markets where we conduct business, and in particular the Jacksonville and St. Augustine, Florida market where we derived approximately 37.1% of our revenues from continuing operations for the year ending December 31, 2007;

· a decline in the circulation of our newspapers;

· a decline in the popularity of our editorial content;

· a change in the demographic makeup of the population where our newspapers are sold;

· a decrease in the price of local and national advertising;

· the activities of our competitors, including increased competition from other forms of advertising-based mediums, including local, regional and national newspapers, shoppers, radio and television broadcasters, cable television (national and local), direct mail and electronic media (including the internet); and

· a decline in the amount spent on advertising in general.

Our revenues are cyclical and may decrease due to an economic downturn.

Newspaper companies tend to follow a distinct and recurring seasonal pattern. The first quarter of the year tends to be the weakest quarter because advertising volume is then at its lowest level. The fourth quarter tends to be the strongest quarter as it includes holiday season advertising. As a result, our consolidated results may not be comparable from quarter to quarter.

Our advertising revenues, as well as those of the newspaper industry in general, may be cyclical and dependent upon general economic conditions. We cannot assure you that the demand for our services will continue at current levels. The newspaper industry in general, like other media, has suffered from the continued downturn in the national economy. Historically, advertising revenues have increased with the beginning of an economic recovery, principally with increases in classified advertising for employment, real estate and automobiles. Decreases in advertising revenues have historically corresponded with general economic downturns and regional and local recessionary conditions. While we believe that the geographic diversity of our operations mitigates, to some degree, the effects of regional and local economic downturns, a decline in the national economy generally may adversely affect our operating results.

A decline in circulation revenue would adversely affect us.

We also rely on circulation revenue, which is affected by, among other things, competition and consumer trends, including declining consumer spending on newspapers. Circulation is a significant source of our revenue. Circulation revenue and our ability to achieve price increases for our print products are affected by:

· competition from other publications and other forms of media available in our various markets, including network, cable and satellite television, the internet and radio;

· declining consumer spending on discretionary items like newspapers;

· competing uses of free time; and

· declining number of regular newspaper buyers.

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Fluctuations in newsprint costs, or increases in labor or health care costs could adversely affect our financial results.

Newsprint, ink and supplements are the major components of our cost of raw materials. Newsprint, ink and supplements expense for our continuing operations were 10.7%, 12.8%, and 12.1% of our total operating revenues from continuing operations in 2007, 2006, and 2005, respectively. Historically newsprint prices have fluctuated substantially. Accordingly, our earnings are sensitive to changes in newsprint prices. We have no long-term supply contracts and we have not attempted to hedge fluctuations in the normal purchases of newsprint or enter into contracts with embedded derivatives for the purchase of newsprint. If the price of newsprint increases materially, our operating results could be adversely affected. In addition, substantial increases in labor or health care costs could also affect our operating results.

Competition could have a material adverse effect on us.

Revenue generation in the newspaper industry is dependent primarily upon the sale of advertising and paid circulation. Competition and pricing are largely based on readership, market penetration, quality and servicing the specialized needs of advertisers and readers. Currently, our daily newspapers generally do not directly compete in their respective communities with other daily newspapers covering local news. Competition for advertising and circulation, however, also comes from regional and national newspapers, radio and television broadcast, cable television (national and local), non-daily newspapers, direct mail, electronic media (including the internet) and other communications and advertising media that operate in our markets. Certain of our competitors are larger and have greater financial resources than we have. The extent and nature of such competition is, in large part, determined by the location and demographics of the market and the number of media alternatives in those markets. For more information on our competition and factors that could affect our competitive position, see “Business—Competition.”

We must constantly expand and develop new publications and services to compete for advertising dollars against competitors who may target the specific needs of advertisers.

In recent years, newspapers have faced competition for advertising dollars from publishers of specialized publications targeted to specific groups of readers. To meet this competition, our future success depends in part on our ability to continue offering new publications and services that successfully gain market acceptance by addressing the needs of specific audience groups within our target markets. The process of internally researching, developing, launching, gaining acceptance and establishing profitability for a new publication or service, is inherently risky and costly. We cannot assure you that our efforts to introduce new publications or services will be successful.

We are subject to legal proceedings that, if determined adversely to us, could adversely affect our financial results.

We are subject to legal proceedings that arise in the ordinary course of our business. We do not expect that the outcome of any pending legal proceedings will have a material adverse impact upon our business. However, the damages that may be claimed in these legal proceedings could be substantial, including claims for punitive or extraordinary damages. It is possible that, if the outcomes of these legal proceedings are not favorable to us, it could adversely affect our future financial results. In addition, our results of operations, financial condition or liquidity may be adversely affected if in the future our insurance coverage proves to be inadequate or unavailable or there is an increase in liabilities for which we are self-insured.

The interests of our parent, Morris Communications, and its ultimate owners, the Morris family, may be different than holders of our senior subordinated notes, and they may take actions that may be viewed as adversely affecting our business or the notes.

Morris Communications, its ultimate parent company, Shivers Trading & Operating Company, and the Morris family have interests in other businesses that may have conflicting business interests. Other subsidiaries of Morris Communications operate businesses that also derive revenue from advertising, including broadcast radio stations, outdoor advertising, magazines, and book publishing and specialized publications. These other subsidiaries may compete with us for advertising revenues. Because the Morris family’s interests as an equity holder may conflict with the interests of holders of the notes, Morris Communications may cause us to take actions that, in their judgment, could enhance their equity investment, even though such actions might involve risks to you as a holder of the notes.

There can be no assurance that Morris Communications or the Morris family will exercise control in our best interests as opposed to their own best interests.

The Morris family, including William S. Morris III, our chairman, and his son, William S. Morris IV, our president and chief executive officer, beneficially own all of the equity interests in Morris Communications, our parent company, through their ownership of the stock of Shivers Trading & Operating Company. By virtue of such equity ownership, the Morris family has the sole power to:

· elect the entire board of directors of Shivers Trading & Operating Company, Morris Communications and each of their subsidiaries, including us;

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· control all of our management and policies, including as to the making of payments to Morris family members or other affiliates, whether by way of dividend, stock repurchase, compensation or otherwise or the entering into other transactions with Morris Communications, its subsidiaries or other affiliates, or other transactions that could result in a change of control of Morris Communications or Morris Publishing; and

· determine the outcome of any corporate matter or transaction, including mergers, joint ventures, consolidations and asset sales, equity issuances or debt incurrences.

We have no independent directors and no independent audit committee to review the actions of management or the Morris family.

Currently five of the six directors on the boards of directors of Shivers Trading & Operating Company, Morris Communications and each of their subsidiaries (including our board) are members of the Morris family and the sixth is Craig S. Mitchell who is also the Senior Vice President - Finance, Secretary and Treasurer of Shivers Trading & Operating Company, Morris Communications and each of their subsidiaries. Mr. Mitchell serves at the pleasure of the Morris family. None of these boards has an audit committee with “independent” directors and will not necessarily have as a member a “financial expert” as defined under the rules of the Commission as a result of the Sarbanes-Oxley Act of 2002. We have been advised that the Morris family does not plan to appoint any non-family members to any such boards, other than the current single existing non-family member director, or any “independent” directors. No member of any such board of directors has been elected, or is anticipated to be elected, to represent the interests of the holders of the notes.

In addition, as private companies, Shivers Trading & Operating Company, Morris Communications and its subsidiaries, including Morris Publishing, have not been required to comply with the corporate governance or other provisions of the Sarbanes-Oxley Act or any of the corporate governance or other rules and regulations of any stock exchange or national stock quotation system. Morris Publishing has been subject to certain provisions of the Sarbanes-Oxley Act, but those provisions do not require Morris Publishing to have independent directors or an audit committee.

We depend upon the Morris family for management, leadership and general policy-making.

The unavailability for any reason of the managerial services presently provided by the Morris family (particularly our chairman William S. Morris III and our chief executive officer William S. Morris IV) to Morris Publishing, could be disruptive to our business for some period of time. While we have been advised that the Morris family has no intention to engage in a transaction that would lead to a change of control of Shivers Trading & Operating Company, Morris Communications or Morris Publishing, no assurances can be given that future events or other circumstances may arise that would lead to a possible change of control.

Various entities which are affiliated with Morris Communications and the Morris family have engaged, and may in the future engage, in transactions with us some of which may be viewed, from the perspective of a holder of the notes, as disadvantageous to us or an inappropriate use of our resources.

These transactions may not necessarily be consummated on an arm’s-length basis and therefore may not be as favorable to us as those that could be negotiated with non-affiliated third parties. See “Certain relationships and related transactions” for a description of such transactions, including the following:

· We are managed by Morris Communications pursuant to a management agreement and also participate in its Shared Services Center operated by its subsidiary, MStar Solutions, LLC.

· In addition to the management services, we may share other facilities and costs with Morris Communications and its other subsidiaries. Shared costs may include joint promotions or the use of facilities, equipment, supplies or employees of one division for the benefit of an affiliate and the costs will be allocated among the various entities by Morris Communications.

· Rental arrangements with a company controlled by Morris family members for the use of our Savannah, Georgia newspaper operation.

· In the ordinary course of our business, we may sell or purchase goods and services from our affiliates, such as radio or outdoor advertising and promotions, space in hotels owned by affiliates, or farm products from farms owned by affiliates, on terms that we determine to be comparable to transactions with unrelated third parties.

· We may provide loans to Morris Communications or its subsidiaries. Any such loans may utilize borrowing capacity under our credit facilities that may otherwise have been available for our business purposes. It is expected that the principal external source of liquidity for Morris Communications and its other subsidiaries will be loans by or distributions from Morris Publishing.

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· We are a single member limited liability company that is disregarded for federal income tax purposes and we are part of the consolidated tax return of our ultimate parent corporation and its subsidiaries. We participate in a tax sharing agreement with our affiliates whereby we are required to pay to Morris Communications an amount equal to the taxes we would have been required to pay as if we were a separate taxable corporation. We may become jointly and severally liable for all income tax liability of the group in the event other subsidiaries are unable to pay the taxes attributable to their operations.

Because of the FCC’s cross-ownership limitations and Morris Communications’ ownership of broadcast stations, we may not be able to make acquisitions that would be favorable, or we may be required to dispose of existing newspapers.

FCC limits on the cross-ownership of a broadcast stations and newspapers in the same market may require Morris Communications and/or its affiliates to divest certain existing radio or may require us to divest of our newspaper properties in Amarillo and Topeka and/or may prevent us from pursuing or consummating newspaper acquisitions that our management otherwise would have pursued in markets in which Morris Communications or its affiliates own radio stations.

Consolidation in the markets in which we operate could place us at a competitive disadvantage .

Recently, some of the markets in which we operate have experienced significant consolidation. In particular, the combinations of traditional media content companies and new media distribution companies have resulted in new business models and strategies. The FCC’s revised ownership rules could increase the potential of consolidation for our sector. We cannot predict with certainty the extent to which these types of business combinations may occur or the impact that they may have. These combinations could potentially place us at a competitive disadvantage with respect to negotiations, sales, resources and our ability to develop and to take advantage of new media technologies.

If we fail to implement our business strategy, our business will be adversely affected.

Our future financial performance and success are dependent in large part upon our ability to successfully implement our business strategy. We cannot assure you that we will be able to successfully implement our business strategy or be able to improve our operating results. In particular, we cannot assure you that we will be able to maintain circulation of our publications, obtain new sources of advertising revenues, generate additional revenues by building on the brand names of our publications or raise the cover prices of our publications without causing a decline in circulation.

Implementation of our business strategy could be affected by a number of factors beyond our control, such as increased competition, general economic conditions, and legal developments or increased operating costs or expenses. In particular, there has been a recent trend of increased consolidation among major retailers, including as a result of bankruptcies of certain retailers. This trend may adversely affect our results of operations by reducing the number of advertisers using our products and increasing the purchasing power of the consolidated retailers, thereby leading to a decline in our advertising revenues. Any failure by us to successfully implement our business strategy may adversely affect our ability to service our indebtedness, including our ability to make principal and interest payments on the notes. We may, in addition, decide to alter or discontinue certain aspects of our business strategy at any time.

We may pursue acquisitions, but we may not be able to identify attractive acquisition candidates, successfully integrate acquired operations or realize the intended benefits of our acquisitions and we may enter into joint ventures.

We may pursue growth in part through the acquisition of additional newspapers or certain other businesses and assets and we may enter into joint ventures. This strategy is subject to numerous risks, including:

· an inability to obtain sufficient financing to complete our acquisitions;

· increases in purchase prices for newspaper assets due to increased competition for acquisition opportunities;

· an inability to negotiate definitive purchase agreements on satisfactory terms;

· difficulty in obtaining regulatory approval;

· difficulty in integrating the operations, systems and management of acquired assets and absorbing the increased demands on our administrative, operational and financial resources;

· the diversion of our management’s attention from their other responsibilities;

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· the loss of key employees following completion of our acquisitions;

· the failure to realize the intended benefits of our acquisitions;

· our being subject to unknown liabilities; and

· participation in joint ventures may limit our access to the cash flow of assets contributed to the joint venture.

Our inability to effectively address these risks could force us to revise our business plan, incur unanticipated expenses or forego additional opportunities for expansion.

We are subject to extensive environmental regulations.

We are subject to a variety of environmental laws and regulations concerning, among other things, emissions to the air, waste water and storm water discharges, handling, storage and disposal of wastes, recycling, remediation of contaminated sites, or otherwise relating to protection of the environment. Environmental laws and regulations and their interpretation have changed rapidly in recent years and may continue to do so in the future. Failure to comply with present or future requirements could result in material liability to us. Some environmental laws impose strict, and under certain circumstances joint and several, liability for costs of remediation of soil and groundwater contamination at our facilities or those where our wastes have been disposed. Our current and former properties may have had historic uses which may require investigation or remedial measures. We believe we are in substantial compliance with all applicable environmental requirements. However, we cannot guarantee that material costs and/or liabilities will not occur in the future including those which may arise from discovery of currently unknown conditions.

The FTC Do Not Call rule has adversely affected and will continue to affect our ability to sell newspaper subscriptions by telephone marketing.

Ø Risks relating to the notes are as follows :

Our substantial indebtedness could adversely affect our business and prevent us from fulfilling our obligations under the notes.

We have a substantial amount of indebtedness. As of December 31, 2007, we had $427.9 million of debt outstanding, consisting of approximately $127.9 million of senior debt and $300 million of senior subordinated notes. In addition, the indenture governing the notes and our new credit facilities allow us to incur substantial additional indebtedness in the future. As of December 31, 2007, we had $64.8 million available to borrow under our credit facilities. Our substantial indebtedness may have important consequences, including:

· making it more difficult for us to satisfy our obligations with respect to the notes;

· limiting cash flow available to fund our working capital, capital expenditures, potential acquisitions or other general corporate requirements;

· increasing our vulnerability to general adverse economic and industry conditions; limiting our ability to obtain additional financing to fund future working capital, capital expenditures, potential acquisitions or other general corporate requirements;

· limiting our flexibility in planning for, or reacting to, changes in our business and industry;

· placing us at a competitive disadvantage compared to our competitors with less indebtedness; and

· making it more difficult for us to comply with financial covenants in our credit facilities.

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We may be unable to generate sufficient cash flow to satisfy our debt service obligations .

Our ability to generate cash flow from operations to make principal and interest payments on our debt, including the notes, will depend on our future performance, which will be affected by a range of economic, competitive and business factors. We cannot control many of these factors, including general economic conditions, the reallocation of advertising expenditures to other available media and a decline in the amount spent on advertising in general. If our operations do not generate sufficient cash flow from operations to satisfy our debt service obligations, we may need to seek additional capital to make these payments or undertake alternative financing plans, such as refinancing or restructuring our debt, selling assets or reducing or delaying capital investments and acquisitions. We cannot assure you that such additional capital or alternative financing will be available on favorable terms, if at all. Our inability to generate sufficient cash flow from operations or obtain additional capital or alternative financing on acceptable terms could have a material adverse effect on our business, financial condition and results of operations.
Restrictions in our debt agreements reduce our operating flexibility and contain covenants and restrictions that create the potential for defaults.

The terms of our credit facilities and the indenture relating to the notes restrict, among other things, our ability to:

· incur or repay debt;

· dispose of assets;

· create liens;

· make investments;

· enter into affiliate transactions; and

· pay dividends.

Under our credit facilities we are required to maintain specified financial ratios and levels including:

· a minimum interest coverage ratio;

· a minimum fixed charges coverage ratio; and

· a maximum cash flow ratio.

If we fail to comply with any of these tests, the lenders have the right to cause all amounts outstanding under our credit facilities to become immediately due. If this was to occur, and the lenders decide to exercise their right to accelerate the indebtedness, it would create serious financial problems for us and could lead to an event of default under the indenture governing the notes. In such an event, we cannot assure you that we would have sufficient assets to pay amounts due on the notes. As a result, you may receive less than the full amount you would be otherwise entitled to receive on the notes. Any of these events could have a material adverse effect on our business, financial condition and results of operations. Our ability to comply with these restrictions, and any similar restrictions in future agreements, depends on our operating performance. Since our performance is subject to prevailing economic, financial and business conditions and other factors that are beyond our control, we may be unable to comply with these restrictions in the future.

On July 3, 2007, we, as borrower, entered into an Amendment No. 1 under the 2005 Credit Agreement. The 2005 Credit Agreement contains financial covenants requiring us to meet certain financial tests on an on-going basis, including minimum interest coverage ratio, minimum fixed charge coverage ratio, and maximum cash flow ratios, based upon consolidated financial results of Morris Communications and substantially all of its subsidiaries (including us). The amendment relaxes these financial tests for an 18 month period from and including June 30, 2007 through but excluding December 31, 2008.

Without either an improvement in the Morris Communications consolidated financial results in 2008 or a reduction of our indebtedness, we are at risk of failing to meet one or more of our financial covenants as of December 31, 2008, in which event we would be unable to borrow on the revolver and may be required to prepay the entire principal due under the Credit Agreement. We intend to carefully monitor the consolidated financial results and to take any necessary steps to avoid default, which steps may include (i) further amendments or refinancing of the Credit Agreement, which could increase our cost of capital, or (ii) the sale or transfer of a portion of the assets within the Morris Communications consolidated group to third parties or to affiliates with the sales proceeds being used to reduce our indebtedness.

A note holder’s right to receive payments on the notes is junior to our existing senior indebtedness and the existing senior indebtedness of the subsidiary guarantors and possibly all of our and their future indebtedness and our credit facility will have the benefit of guarantees by Morris Communications and certain of its subsidiaries.

The notes and the subsidiary guarantees are subordinated in right of payment to the prior payment in full of our and the subsidiary guarantors’ respective current and future senior indebtedness, including our and their obligations under our credit facilities. As of December 31, 2007, the notes were subordinated to approximately $127.9 million of senior indebtedness, not including $64.8 million of senior debt that is available for borrowing under our credit facilities. As a result of the subordination provisions of the notes, in the event of the bankruptcy, liquidation or dissolution of us or any subsidiary guarantor, our assets or the assets of the applicable subsidiary guarantor would be available to pay obligations under the notes and our other senior subordinated obligations only after all payments had been made on our senior indebtedness or the senior indebtedness of the applicable subsidiary guarantor. Sufficient assets may not remain after all of these payments have been made to make any payments on the

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notes and our other senior subordinated obligations, including payments of interest when due. In addition, all payments on the notes and the subsidiary guarantees are prohibited in the event of a payment default on our senior credit facilities, and may be prohibited in any future senior indebtedness.

All obligations under the senior credit facilities are guaranteed by Morris Communications and certain of its subsidiaries and such guarantees are secured with substantially all of their assets.

The notes and the subsidiary guarantees are effectively subordinated to all of our and our subsidiary guarantors’ secured indebtedness and all indebtedness of our non-guarantor subsidiaries.

The senior subordinated notes are not secured. The lenders under our senior credit facilities are secured by liens on substantially all of our and our subsidiaries’ assets and by a pledge of the stock of all of the subsidiary guarantors. If we, Morris Communications or any of the subsidiary guarantors declare bankruptcy, liquidate or dissolve, or if payment under the credit facilities or any of our other secured indebtedness is accelerated, our secured lenders are entitled to exercise the remedies available to a secured lender under applicable law and have a claim on those assets before the holders of the notes. As a result, the notes are effectively subordinated to our and our subsidiaries’ secured indebtedness to the extent of the value of the assets securing that indebtedness, and the holders of the notes would in all likelihood recover ratably less than the lenders of our and our subsidiaries’ secured indebtedness in the event of our bankruptcy, liquidation or dissolution. As of December 31, 2007, we had $127.9 million of secured indebtedness outstanding, not including $64.8 million of additional secured indebtedness that would have been available for borrowing under our credit facilities.

Some of our future subsidiaries may not be guarantors on the notes and some of our existing subsidiaries may be released from their guarantees upon becoming an unrestricted subsidiary in the manner provided in the indenture. Payments on the notes are only required to be made by us and the subsidiary guarantors. As a result, no payments are required to be made from assets of subsidiaries which do not guarantee the notes. The notes are structurally subordinated to all of the liabilities of our subsidiaries that do not guarantee the notes. In the event of a bankruptcy, liquidation or dissolution of any non-guarantor subsidiary, holders of its indebtedness, its trade creditors and holders of its preferred equity are generally entitled to payment on their claims from assets of that subsidiary before any assets are made available for distribution to us. However, under some circumstances, the terms of the notes permit our non-guarantor subsidiaries to incur additional specified indebtedness. Currently, we have no non-guarantor subsidiaries.

We may not be able to purchase the notes upon a change of control.

Upon the occurrence of certain specific kinds of change of control events, we are required to offer to repurchase all outstanding notes at a price equal to 101% of their principal amount plus accrued and unpaid interest, if any, to the date of repurchase. However, it is possible that we will not have sufficient funds at the time of the change of control to make the required repurchase of notes or that restrictions in our senior credit facilities would not allow such repurchase.

Federal and state statutes allow courts, under specific circumstances, to void the guarantees of the notes by our subsidiaries and require the holders of the notes to return payments received from the subsidiary guarantors.

Under the federal bankruptcy law and comparable provisions of state fraudulent transfer laws, the subsidiary guarantees could be voided, or claims in respect of the subsidiary guarantees could be subordinated to all other debts of a subsidiary guarantor if, either, the subsidiary guarantee was incurred with the intent to hinder, delay or defraud any present or future creditors of the subsidiary guarantor or the subsidiary guarantor, at the time it incurred the indebtedness evidenced by its subsidiary guarantee, received less than reasonably equivalent value or fair consideration for the incurrence of such indebtedness and the subsidiary guarantor either:

· was insolvent or rendered insolvent by reason of such incurrence;

· was engaged in a business or transaction for which such subsidiary guarantor’s remaining assets constituted unreasonably small capital; or

· intended to incur, or believed that it would incur, debts beyond its ability to pay such debts as they mature.

The measures of insolvency for purposes of these fraudulent transfer laws vary depending upon the law applied in any proceeding to determine whether a fraudulent transfer has occurred. Generally, however, a subsidiary guarantor would be considered insolvent if:

· the sum of its debts, including contingent liabilities, was greater than the fair saleable value of all of its assets;

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· the present fair saleable value of its assets were less than the amount that would be required to pay its probable liability on its existing debts, including contingent liabilities, as they become absolute and mature; or

· it could not pay its debts as they become due.

On the basis of historical financial information, recent operating history and other factors, we and each subsidiary guarantor believe that no subsidiary guarantor will be insolvent, will have unreasonably small capital for the business in which it is engaged or will have incurred debts beyond its ability to pay such debts as they mature. There can be no assurance, however, as to what standard a court would apply in making such determinations or that a court would agree with our or the subsidiary guarantors’ conclusions in this regard.

An active trading market may not develop for the exchange notes.

The senior subordinated notes have no established trading market and are not being listed on any securities exchange. The liquidity of any market for the notes depends upon various factors, including:

· the number of holders of the notes;

· the overall market for high yield securities;

· our financial performance or prospects; and

· the prospects for companies in our industry generally.

Accordingly, we cannot assure you of a market or liquidity for the notes. Historically, the market for non-investment grade debt has been subject to disruptions that have caused substantial volatility in the prices of securities similar to the notes. We cannot assure you that the market for the notes, if any, will not be subject to similar disruptions. Any such disruptions may adversely affect you as a holder of the notes.

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St. Augustine Record Owner Hires Bankruptcy Lawyers

See below.

When in the course of human events, a newspaper ceases to publish the news and becomes a PR vehicle for politicians, developers and con artists like ROBERT MICHAEL GRAUARD, there's little wonder that it will loses customers?

Why subscribe to a newspaper that is in the tank for Republicans and ignores campaigns by Democrats for Congress and City Hall (like Faye Armitage and Judith Seraphin)?

We look forward to the St. Augustine WReckord having new management, supervised by a bankruptcy judge.

We look forward to the St. Augustine WReckord practicing journalism instead of coverups.

We look forward to the St. Augustine WReckord rehiring fired cartoonist Ed Hall.

We look forward to the St. Augustine WReckord reporting all the news, without fear or favor.

Is that too much to ask? See below.

Editor and Publisher Magazine: Morris Communications Hires Bankruptcy Lawyers

Morris Publishing Hires Bankruptcy Specialists

By Mark Fitzgerald

Published: January 29, 2009 10:04 AM ET

CHICAGO Morris Publishing Group -- struggling under debt and approaching a deadline to sell enough assets to pre-pay its loans -- said Thursday it had retained as financial adviser Lazard Freres & Co. LLC, the same firm that advised Tribune Co. as it filed for Chapter 11 bankruptcy protection.

In a terse press release, Morris announced the hiring as well of Neal, Gerbert & Eisenberg LLP, a law firm with a well-regarded bankruptcy practice.

"These firms will assist us in evaluating our strategic options regarding Morris Publishing's existing capital structure," Morris Publishing Chairman William S. Morris III said in a statement.

Reached at Morris Communications Co.'s Augusta, Ga., headquarters, Craig S. Mitchell, senior vice president of finance, said the company was not commenting beyond the press release.

The parent of 13 dailies, including the Augusta Chronicle and The Florida Times-Union in Jacksonville, family-owned Morris last fall negotiated a change in its credit agreements with its lenders. While many newspapers did the same thing as the credit freeze blew across the globe, the new terms for Morris are particularly demanding: It must sell off assets sufficient to repay its loans -- in full. The sales, or at least letters of intent, must be complete by March 31, and deals must be wrapped up by May 30.

Soon after, in November, Standard & Poor's Ratings Services downgraded its corporate credit rating to CCC, a junk rating that is just one notch above default.

We are concerned that the company may file for bankruptcy protection to reduce its debt outstanding," S&P said at the time.

In 207, Morris sold 14 dailies mostly in the Plains states to GateHouse Media, and the speculation at the time was that the sale was necessitated by its debt situation.

Morris has not yet reported its fourth-quarter results. For the third quarter, it lost $163.2 million.

--------------------------------------------------------------------------------
Mark Fitzgerald (mfitzgerald@editorandpublisher.com) is E&P's editor-at-large.

Support Grows for St. Augustine National HIstorical Park, National Seashore and National Scenic Coastal Highway

I was cheered last night by the support expressed after my presentation to the St. Johns County Legislative Delegation meeting by Commission Chair Cyndi Stevenson and several of our state legislators. I made a scheduled presentation on the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway legislation (the third presentation in three years). See below.

I reckon there will be national park legislation in our future -- something to be proud of for our community, our culture and our environment. Given the state of the economy, it's not unlike the punchline to one of Abraham Lincoln's stories -- it's "root, hog or die." Here's hoping our enlightened local elected officials root for the national park as a way of stimulating economic recovery here in St. Augustine and St. Johns County. As JFK said, "a rising tide lifts all boats."

What do you think?

Wednesday, January 28, 2009

Support National Park to Revive Tourist Economy, Protect Our Environment and Precious Cultural Heritage

Dear State Senators and Representatives and citizens:

The draft legislation is written, with many supportive comments. It's time to have an open public debate about the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act of 2009.

Our tourist economy is hurting. Small businesses are closing. We need more "economic stimulus" than just a seawall.

Let's celebrate the 500th Anniverary of Florida (and 450th anniversary of St. Augustine) with something more than cupcakes.

Let's celebrate 11,000 years of history!

Let's have a National Civil Rights Museum worthy of the Foot Soldiers who made history here.

I’ve gone ahead and drafted 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, wars, genocide, epidemics and economic disasters.

Our Nation’s Oldest City can likewise survive the current economic recession, uglifying "developers"and have a national park by 2013/2015 (500th anniversary of Spanish explorers and 450th anniversary of St. 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.

Let's enlist the entire Florida Congressional delegation to honor Florida's 500th Anniversary (and St. Augustine's 450th) with a suitable permanent park, combining existing county and state parks and water management district land, with historic sites in St. Augustine and surrounding communities.

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 comments here with Ed Slavin, EASlavin@aol.com, P.O. Box 3084, St. Augustine, Florida 32085-3084, 904-829-3877 (o). Here’s the draft below:

St. Augustine National HIstorical Park, National Seashore and Natonal Scenic Coastal Highway Act of 2009 DRAFT for comments

111th Congress, 1st Session,
S. _____
A BILL
St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Act of 2009
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.

Clean Up City of St. Augustine, Florida

Thursday, January 29, 2009

Guest Column: St. Augustine should have a national historical park

Support for National Park: Gift ideas few for city's big 4-5-0

Guest Column: Giving thanks for people who speak out

Guest Column: St. Augustine should have a national historical park

Letter: City needs greater protection of resources

Guest Column: Press must get tough on city leaders

Persistence of citizens prevails in dumping order

Guest Column: Public can fight St. Augustine 'City Hall'

City of St. Augustine Cronies Spread Disinformation Attacking St. Augustine National Historical Park, Seashore and Scenic Coastal Highway

Athens Banner-Herald: 15 jobs cut at Athens Banner-Herald

Editor and Publisher Magazine: Is Morris Publishing On the Way to Bankruptcy Court?

Jacksonville Business Journal: Morris Publishing hires bankruptcy legal, financial counsel

Amarillo Globe-News: Morris Publishing Group LLC HIres Bankruptcy Lawyer, Financial Advisor

IN HAEC VERBA: SEC Filing of Morris Publishing Finance on "Risk Factors" Associated With Publisher of St. Augustine Record, Florida Times-Union

St. Augustine Record Owner Hires Bankruptcy Lawyers

Editor and Publisher Magazine: Morris Communications Hires Bankruptcy Lawyers

Support Grows for St. Augustine National HIstorical Park, National Seashore and National Scenic Coastal Highway

Wednesday, January 28, 2009

Support National Park to Revive Tourist Economy, Protect Our Environment and Precious Cultural Heritage

St. Augustine National HIstorical Park, National Seashore and Natonal Scenic Coastal Highway Act of 2009 DRAFT for comments

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