Wednesday, June 03, 2015

COVERUP: City wrongfully withheld Planned Unit Development list, falsely claimed it did not exist, for 82 days

"A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives." --- James Madison (August 4, 1822 letter to W.T. Barry)


-----Original Message-----
From: easlavin
Sent: Wed, Jun 3, 2015 8:32 pm
Subject: FALSE STATEMENTS AND WITHHOLDING OF EVIDENCE BY CITY STAFF Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine -- requested March 12, 2015

Dear John, Isabelle and Ali, et al.
1. Please designate a single point of contact -- an attorney -- to supervise all searches for Open Records. No more concealment, please.
2. From March 12 to June 2, 2015 -- some 82 days -- our City staff falsely claimed there was no list of PUDs, including material false statements at the June 2, 2015 PZB meeting (when Chair Sue Agresta raised the issue, refusing to allow me to speak, with no PZB member interested in seeing a list).
3. I have obtained a "log" of all PUD ordinances from the City -- the list claimed not to exist shows 75 PUDs in a city with only 12.3 square miles of land. How embarrassing to have rubber-stamped so many PUDs and so wrongfully attempted to conceal it.
4. The "log" is responsive to my request March 12, 2015 -- now please supply a map and place both the list and map on the City's website without delay.
6. City staff material false statements are on video and e-mails (below): they may reflect violations of state and federal civil and criminal laws.
7. This is not the first time that the City of St. Augustine lied about Open Records -- Mr. Burchfield filed a false affidavit in 2006 claiming "no records" existed in response to Dr. Hines' request -- there were 45 pounds of paper records, and more electronic records produced.
8. Enough.
9. Enough flummery from City Hall.
10. Our City Hall management staff has been uncooperative, uncouth, unkind, unhelpful and disrespectful for too long -- June 7th marks the 10th anniversary of our 2005 federal court First Amendment Rainbow flags victory. Citizens have won more than 30 public interest victories since then, yet -- City Hall managers are still unfriendly and unfair in responding to public concerns, despite the election of Mayor Shaver.
11. Enough concealing of documents. Enough retaliation.
12. There are already some 75 PUDs in our City, and unseemly "spot zoning" is in danger of destroying our Nation's Oldest City. As President Bill Clinton said about abortion, PUDs must be "safe, legal and rare." Promiscuous use of PUDs is producing ugliness in our City, with no ongoing systemic review and a cognitive miser refusal to share information with the public, despite the nearly worthless Kabuki dance of PZB "workshops."
13. Our "vision" must include an Inspector General, an Ombuds, and thoroughgoing management reforms from stem to stern, and halting violations of Article I, Section 24 of our Florida Constitution (adopted by vote of 3.8 million or 83% of Florida voters in 1992) and of our First Amendment.
14. It is time for you turn over a new leaf, and to start showing a "welcoming spirit" to citizens and journalists. The whole world is watching.
Thank you for your prompt attention to these grave matters. Herein faileth not -- please govern yourselves accordingly.
Cordially,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998

-----Original Message-----
From: easlavin
Sent: Wed, May 13, 2015 11:55 am
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine -- requested March 12, 2015

Good morning.
1. Please provide list and map of all approved PUDs and place list and map upon City website.
2. Today.
3. Are no evaluations ever done of the efficacy of any existing PUDs and whether they serve any public purpose?
4. Why?
5. Is it because our City Hall works for developers, and City Manager and staff disrespect our constitutional Right to Know?
6. Our Florida Constitution, Article I, Section 24, enacted in 1992 by 3.8 million voters (83%) commands that our Right to Know be respected and not neglected, from this day forward.
7. That is mandatory legal authority that City Hall continually ignores, at the grave risk of civil lawsuits and criminal penalties.
Thank you.
Cordially,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin < easlavin@aol.com>
To: Isabelle Lopez < ilopez@citystaug.com>

Sent: Wed, May 13, 2015 11:07 am
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine -- requested March 12, 2015
Why?

On May 13, 2015, at 11:00 AM, Isabelle Lopez < ilopez@citystaug.com> wrote:

Mr. Slavin, as was already stated in a previous email by Mr. Birchim, no such public record exists at this time. There is no list, hence there is no public record to “send”.


From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Wednesday, May 13, 2015 10:44 AM
To: sagresta@comcast.net; David Birchim
Cc: Isabelle Lopez; John Regan; Alison Ratkovic; Lucy Fountain; Nancy Shaver; Todd Neville; NancySikesKline@aol.com; Roxanne Horvath; cityfreeman@yahoo.com; news@historiccity.com; gardner@aug.com; stuart.korfhage@staugustine.com; sceastman@folioweekly.com; jim.sutton@staugustine.com; aschindler@firstcoastnews.com; sunshine@floridafaf.org; pat.gleason@myfloridalegal.com; judgelitt10@gmail.com; dkinner59@yahoo.com; lee.geanuleas@gmail.com; janewestlaw@gmail.com; fnovak@bellsouth.net; lara@diettrichplanning.com; dlowther@coordinatesolutions.com; jimwil03@yahoo.com; Debra Gibson
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine -- requested March 12, 2015

We have a Right to Know. I requested a list of all existing PUDs on March 12, 2015. Please send. Our Right to Know is not conditioned on the PZB Chair's lack of interest. Thank you.

-----Original Message-----
From: Sue Agresta
To: David Birchim
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine -- requested some 56 days (eight weeks) ago!
I don't think such a list is necessary at this time, but I will ask the board at the next meeting if they think it would be helpful. I am aware that the Planning and Building Dept. is swamped and can't see the fulfillment of this request as a high priority.

Sincerely,

Sue Agresta

On May 7, 2015, at 11:41 AM, David Birchim wrote:

See march 12 response below
David Birchim, AICP
Director, Planning and Building

From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, May 07, 2015 11:33 AM
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine -- requested some 56 days (eight weeks) ago!
Please respond. This information is necessary and proper for discussion of PUDs. "We, The People" have a "Right to Know." Thank you.
-----Original Message-----
From: easlavin
To: dbirchim
Sent: Sun, Apr 5, 2015 6:40 pm
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine
Please list PUDs, share documents evaluating their efficacy and provide a map with the locations of all PUDs. Thank you.
-----Original Message-----
From: easlavin
Sent: Fri, Mar 13, 2015 6:15 pm
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine
Please make available the files on every single existing PUD. Does the staff ever evaluate the efficacy, ethics and effects of any past PUDs? Please provide all responsive documents for inspection. Thank you.
-----Original Message-----
From: easlavin < easlavin@aol.com>
To: dbirchim < dbirchim@citystaug.com>
Sent: Thu, Mar 12, 2015 5:01 pm
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine
How on Earth do City Hall managers expect citizens and public officials to have an informed, intelligent discussion on PUDs without providing us with a list? Please provide tomorrow.
Sent: Thu, Mar 12, 2015 4:39 pm
Subject: Re: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine
Requested last week! Why no list?


On Mar 12, 2015, at 4:37 PM, David Birchim < dbirchim@citystaug.com> wrote:
Mr. Slavin,
I do not have an up to date list of PUD’s. If the PZB chair requests the staff to create this list of PUD’s I will be happy to do it for her. I received your phone message, but the meeting is in 24 minutes, I will see you at the meeting.
Best Regards,
David Birchim

From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, March 12, 2015 1:15 PM

Subject: Request No. 2015-57: List of All Existing PUDs in City of St. Augustine

Dear David and Sue:
1. I asked at the last PZB meeting that the PZB Chair request the City staff kindly provide a list of all existing PUDs in the City for tonight's PZB workshop meeting.
2. Please send.
3. Please arrange to hand out copies of the list of all existing PUDs in the City to all PZB members and attendees at tonight's meeting.
Thank you for all that you do.
With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.fourowls.blogspot.com

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