Wednesday, November 06, 2024

Thank you, St. Johns County, For Your Support and Kindness; Congratulations to T.J. Mazzotta

I just spent about a penny per vote county-wide to win 55,460 votes.

Like the late Senator William Proximate (D-Wisconsin), I relied on name recognition, work for the people, and personal contacts with our friends and neighbors in St. Johns County.

I was honored to receive 55,460 votes (some 38%) for seat 1 on our Anastasia Mosquito Control District of St. Johns County November 5, 2024.  I spent only $661.  

Check my math: is that $0.0119184998 (a little more than one cent) per vote?

Jesus wept.

Fun fact: November 5, 2024 was the 25th anniversary of our moving to St. Augustine. 

 I still believe in a place called Hope. 

And congratulations to Mr. T.J. Mazzotta, who was elected to AMCD, seat 1. 

GAITHER WILSON HORDE, JR., R.I.P.

My grandmother would have said hubristic WILSON HORDE was "typical of his type" -- a corporate lawyer bully. Pray for him, my friends. 


Think of living 97 years. What he knew.  What he helped accomplish (or prevent). 

GAITHER WILSON HORDE, JR. was a wily corporate lawyer whose stubborn resistance to worker rights resembled segregationists' battles against civil rights, in a county where segregationists blew up Clinton High School on October 5, 1956 and were never prosecuted.

In 1977, the very first "robot" or "robot" form letter ever created by the staff of a idealistic lucky freshman Democratic U.S. Senator from Tennessee was a running joke among his staff: a response to nearly 100 canned letters requesting that Senator James R. Sasser ask President Jimmy Carter to appoint GAITHER WILSON HORDE, Jr. the Oak Ridge Union Carbide Nuclear Division General Counsel as President Carter's United States Attorney for the Eastern District of Tennessee.  Oak Ridge oligarchs favored HORDE, who did not get the job.  Thank God. 

In January 1992, HORDE made chauvinistic remarks about an Oak Ridge cancer survivor, an Oak Ridge National Laboratory worker punished by assignment to  Room R-151, three free from radioactive waste barrels, quoted in The New York Times.  

Later that year, HORDE demanded a deposition from Mr. Varnadore's wife, Mrs. Fran Varnadore, saying "he's always wanted to know what's going on in the mind of a red headed woman!" Sexist misogynist creep,   Heroic U.S. Department of Labor District Chief Administrative Law Judge Theodor von Brand ordered that HORDE could not see her medical file, and that it would be provided only to E.H Rayson and John B. Rayson, lead lawyers for the respondents.  HORDE ululated and threatened my co-counsel while I was in the air, flying to Knoxville for the preheating conference, attempting to play them against me. 

HORDE later helped get me disbarred from the practice of law in the State of Tennessee, 




From Knoxville News-Sentinel:


Obituaries in Knoxville, TN | Knoxville News Sentinel

Gaither Wilson Horde, Jr., age 97, of Knoxville passed away early Friday morning, February 9, 2024, at his home. Wilson is preceded in death by his wife of 62 years, Jacqueline Thompson Horde; brother, Edward Hopson Horde.

He is survived by his children Leslie, Rocky, Kelly, Karen and Laura; grandchildren Dill, Hunter, Aubrey, Hailey, Rory, Jared, Riley, Peyton and Lauren; daughter-in-law Beth; brother, Douglas Rodney Horde.

Wilson grew up in Nashville, and spent many summers in Cadiz, Kentucky. He graduated from Isaac Litton High School; served in the Pacific Theatre with the U.S. Navy (1944-1946) participating in landings at Saipan and Iwo Jima, which instilled his lifelong sense of duty.

Following his military service, he attended Peabody College and Vanderbilt Law School, class of 1951. Wilson began practicing law in Knoxville with Stone, Bozeman, & Horde; served as Assistant U.S. Attorney for the Eastern District of TN under Robert F. Kennedy; later served as General Counsel for Union Carbide Nuclear Division and Lockheed Martin Energy Systems for 33 years. He returned to private practice, joining the law firm of Kramer Rayson, where he retired at the youthful age of 90, after practicing law for 66 years.

During his career, his activities and honors included: Jaycee Young Man of the Year for Tennessee; Life Member of the Sixth Circuit Judicial Conference; recipient of the American Inns of Court Professionalism Award for the Six Circuit Court of Appeals, awarded in the chamber of the U.S. Supreme Court by Justice David Souter.

Outside of his career, what defined Wilson was his love of family, quiet generosity, a keen compassion for the less fortunate, particularly children, and a bone-dry wit. When asked how he was doing, his famous reply was, “magnificent”! He used this line so often it became his moniker. His favorite annual event was hosting a truly magical Christmas dinner for all his children and grandchildren.

He cherished his years of fellowship with the “Breakfast Club”, this group of men, and a few brave ladies, met faithfully for 60 years at Rankin Restaurant and Long’s Drug Store.

Leslie, Rocky, Kelly, and Karen want to express their deepest gratitude to their sister Laura for her years of devoted care for their father. The Horde family also wishes to extend their sincerest thanks to Craig Zenner for his commitment to Wilson’s care over the years, as well as Cindy Bayless, for her years of dedication to the care of both our mother and father, Jackie & Wilson. The family will gather at Edgewood Cemetery for a private graveside service on February 16th, the same date as his beloved wife Jackie was buried 6 years ago. The family has requested that in lieu of flowers, memorial contributions be made to the Salvation Army of Knoxville.

funeral-home-logo
funeral-home-logo

Posted online on February 10, 2024

Published in Knoxville News Sentinel



Marion Edwyn Harrison, R.I.P.


In 1980, I was a an antitrust paralegal in a plaintiff's antitrust case involving Amana Refrigeration, Inc, and marketing of microwave ovens. 

I was hired by and worked for legendary former USDOJ civil rights lawyer St. John Barrett. We worked at Barnett, Alagia & Carey, a controversial Louisville Kentucky-founded law firm noted for for representing corporations and wealthy people.  BAC  partner Marion Edwyn Harrison  represented right-wing political action committees like the National Conservative Political Action Committee, as well as Dairymen, Inc., a dairy cooperative cartel organized under the Capper-Volstead Act.   

American Milk Producers, Inc. (AMPI) allegedly bribed Nixon Treasury Secretary John B. Connolly, "Mr. Harrison," as we lowly staff were expected to call him, was allegedly in the room when Connolly took the bribe from AMPI.   Here's a tape of the March 23, 1971 conversation between. Nixon, John B. Connolly and AMPI that "Mr. Harrison attended. 

Corrupt Republican President RICHARD MILHOUS NIXON's tawdry  yTreasury Secretary John B. Connolly was acquitted by a jury, after a withering cross-examination by James Riddle Hoffa's legendary lawyer, Edward Bennett Williams of the prestigious Washington, D.C. law firm of Williams & Connolly (formerly Williams, Connolly and Califano).  

During 1980, and during 1989-1991 as a member, Individual Rights & Responsibilities Section Council member and Young Lawyers Division Human and Civil Rights Committee chair in the American Bar Association, I found "Mr. Harrison," as he was always called, to be a bit of a supercilious stuffed shirt, who never removed his suit jacket, sat in an elegant office with a fancy table, and no typewriter, a dictatorial dull Republican who dictated his dicta into dictating machines.  

Naturally, he was favored by rich men and their corporations, and was considered an "expert" in the field of administrative law.  His life would make an intriguing biography or novel,

Pray for the tortured souls of conmen corporate lawyers like the late Marion Edwyn Harrison:  


Harrison Marion Edwyn Lawyer,Civic Leader Marion Edwyn Harrison, 87 a retired Washington and Virginia lawyer active in cultural, professional, religious and political organizations, and President of Free Congress Research and Educational Foundation from 2007 to 2009, died peacefully on July 3rd 2019 at Vinson Hall Retirement Community with family by his side. He lived in Arlington, with a second home in Scottsdale, AZ. Mr. Harrison, who served on the American Bar Association Board of Governors, 1982 to 1986, and in its House of Delegates for ten years, practiced law in Washington, D.C., Virginia and Zurich. His clients over the years included private mints, direct mailers, private international clients and political committees, including a 1988 presidential committee. He also incorporated two prolife organizations, American Life League, serving as its General Counsel for it first 25 years, and Human Life International, so serving for its first eight years. He was a founding member (now called administrative judge) of the Post Office Department of Contract Appeals and Post Office Associate General Counsel in the second Eisenhower Administration, the youngest in each position. He was Chairman of the American Bar's Administrative Law and Regulatory Practice Section, 1974 to 1975. President Nixon twice appointed him to the Counsel of Administrative Conference of the United States, upon which he served seven years; he was a Senior Conference Fellow 1984 – 1988. He was a member of the Federal Bar Association National Council, 1966 – 1982: and a delegate to Inter-American Bar conferences in Central and South America and in 1971 the public member of the USIA Inspection Team to Argentina. Active in cultural affairs, from 1991 to 1997 he was a member of the Smithsonian National Board and was a member of the James Smithson Society. From 1984 to 1987 he was Chairman of Wolf Trap Associates. He also served as a Wolf Trap trustee. Mr. Harrison was a D.C. Law Revision Commissioner the full duration of the Commission's existence, 1975 to 1992. Mr. Harrison was a Past President of the Young Republican Federation of Virginia, a former member of the Virginia Republican State Central Committee and in 1968 Virginia State co-chairman for the Nixon-Agnew Campaign. His work with educational institutions included the presidency of the George Washington Law Alumni Association, 1974-1977; a term on the Army Judge Advocates General's School Board of Visitors, and lecturing at the National Judicial College in Reno. He lectured abroad 13 summers with the late Supreme Court Justice Antonin Scalia – on Aix-en-Provence, Crete, Innsbruck, Istanbul, Nice, Rhodes, Sorrento, Thessaloniki, and Vienna. He also lectured once with the late Chief Justice William H. Rehnquist, in Aix-en-Provence. He was an editor of the Administrative Law Review, 1976-1989, Editor-in-chief of the Federal Bar News, 1960 – 1963. He also wrote for various legal and other publications. An Arlington resident since 1945, Mr. Harrison was a Capital Page School and University of Virginia graduate and held two degrees from The George Washington University, the youngest graduate in each class. He also was a graduate of the Infantry Officers' School and the Army Judge Advocate General's School and served on active duty as an Army judge advocate officer. Mr. Harrison was a Knight of Malta, a lector at St. Agnes Roman Catholic Church, a life member of the Society of Mayflower Descendants and a member of the Military Order of the Carabao, and until retirement of the Council for National Policy, Federalist Society and Supreme Court Historical Society. He belonged to the Metropolitan Club, Washington Golf and Country Club, Farmington Country Club (Charlottesville, VA) and Gainey Ranch (AZ) Golf Club. Survivors include his wife of 67 years, Carmelita ("Lita"); three children, Mrs. Angelique H. Bounds, of Virginia Beach, M Edwyn Harrison III, M.D., of Scottsdale, AZ., Henry D. Harrison of Dallas, TX.; and four grandchildren. The Mass of Christian Burial will be held on Saturday August 17 at St. Agnes Catholic Church at 1910 N. Randolph Street, Arlington Virginia at 10:30 a.m. Internment will be held at the Columbia Gardens Cemetery at 3411 Arlington Blvd, Arlington, VA 22101 Please sign the Guestbook at www.legacy.com/washingtontimes

To plant trees in memory, please visit the Sympathy Store.

Published by Washington Times from Aug. 14 to Aug. 16, 2019.

March 23, 1971: Nixon and Dairy Industry Meet on Dairy Price Supports. (National Archives Conversation 051-001)

The late Washington lawyer Marion Edwyn Harrison was in the room.  From The National Archives 

Conversation 051-001

On March 23, 1971, President Richard M. Nixon and leaders of the dairy industry, including Clifford M. Hardin, J. Philip Campbell, Paul Affeldt, Paul Alagia, Melvin Besemer, John E. Butterbrodt, Bill Eckles, Don Gregg, W. R. Griffith, Carlyle Hansen, Marion Edwyn Harrison, Patrick J. Hillings, Wesley Johnson, John A. Moser, Harold S. Nelson, David L. Parr, Bill Powell, P. L. Robinson, Avery Vose, Frank White, Clarence D. Palmby, Richard E. Lyng, William E. Galbraith, George P. Shultz, John D. Ehrlichman, Donald B. Rice, Henry C. Cashen, II, and John C. Whitaker, met in the Cabinet Room of the White House from 10:35 am to 11:25 am. The Cabinet Room taping system captured this recording, which is known as Conversation 051-001 of the White House Tapes.

Audio file
Start Date Time
1971-03-23T10:35:00-05:00
End Date Time
1971-03-23T11:25:00-05:00
Tape Number
Collection
White House Tapes: Sound Recordings of Meetings and Telephone Conversations of the Nixon Administration, 1971-1973
Collection URL
https://catalog.archives.gov/id/597542
Tape Subject Log

Tuesday, November 05, 2024

Elect Ed Slavin to Anastasia Mosquito Control Board of St. Johns County, Seat 1

80% of St. Johns County voters have already voted as of 2:30 PM on Election Day. 

To St. Johns County voters who have not yet voted: May I please have the honor of your vote for a seat as Commissioner of the Anastasia Mosquito District of St. Johns County, Seat 1?

Endorsed by both Historic City News and St. Johns County Democratic Party.

Here's my Q&A with the League of Women Voters:

What motivated you to run for office?

It's our money. I've been a watchdog on mosquito control since 2006. Mosquitoes could bring us the next global pandemic. We will be prepared with data, research, education, and environmentally-friendly, non-toxic natural pesticides. My dad was an 82nd Airborne Division paratrooper, infected with malaria in Sicily. Dad recovered in Army hospitals, but we saw dad suffer lifetime effects. LWV's Ms. Robin Nadeau asked me to help her investigate Anastasia Mosquito Control of St. Johns County, buying a $1.8 million no-bid, luxury Bell Jet Long Ranger helicopter incapable of killing a single skeeter, not unlike buying a Porsche to use with a snowplow. We persuaded AMCD to cancel illegal, no-bid helicopter contract, saving $1.8 million in 2007.  

What do you see as the most pressing issues for this office and how do you propose to address them?
Advancing research and education while protecting scientific integrity and employee whistleblower rights; safeguarding the independence of AMCD, an independent scientific and technical organization; protecting public health, the environment and public funds. Let's assure that "whistleblower" ethical employees are heard and heeded whenever they raise concerns. Let's resist any further effort by the St. Johns County Board of County Commissioners to take over independent AMCD, as attempted by former SJC County Administrator Michael Wanchick and County Commission Chairmen. I oppose allowing arbitration clauses in AMCD contracts, Yes, I've been a watchdog of mosquito control environmental protection and spending since December 2006.

What training, experience, and characteristics qualify you for this position?

Helped persuade our independent mosquito district to cancel unwise, no-bid luxury $1.8 million helicopter contract. Won declassification of our frail planet's largest-ever mercury pollution event (Oak Ridge, Tenn. Y-12 Nuclear Weapons Plant),triggering nationwide cleanups; recommended for Pulitzer Prize by DA. Clerked for USDOL Chief Administrative Law Judge Nahum Litt and Judge Charles Rippey. Staffer for Senators Ted Kennedy, Gary Hart & Jim Sasser. B.S.F.S., Georgetown U.; J.D., Memphis State U. Your watchdog, termed an "environmental hero" by FOLIO WEEKLY (after reporting City's illegal dumping of landfill in lake and illegal sewage effluent pollution of our saltwater marsh). Shall we ask questions, demand answers & expect democracy?

How important are environmental concerns when making decisions for the Anastasia Mosquito Control District?
Very important

Explain your answer.

Rachel Carson's "Silent Spring" informs good science and use of non-toxic natural pesticides as much as possible. Amid global climate change, the next pandemic could be a mosquito-borne disease. Let's protect AMCD independence, education and applied research to protect public health and our environment. I support AMCD's leadership on natural pesticides. I once reported FEMA and AMCD to federal environmental law officials when bald eagles were exposed to organophosphate pesticides. Support AMCD working with other mosquito control districts and officials to share scientific knowledge to protect all of us "non-target species": mosquito control workers, residents, tourists, pets, horses, livestock, bees and other pollinators, flora and fauna. 

St. Johns County is growing rapidly. How does this impact the management of mosquito control?

Overdevelopment increases the expense of mosquito control and increases exposure of families to mosquitoes from wetlands. St. Johns County Commissioners, developers and their big money clout decide way too many unwise development decisions. This requires our nimble small mosquito control special taxing district to innovate, with sensitive adaptation of mosquito control techniques to protect entire new neighborhoods, which seem to spring up overnight, adjoining wetlands. Public education, applied research, sound science-based policies and non-toxic mosquito control methods, are all essential to protecting public health from mosquito-borne diseases. AMCD exists to prevent any outbreaks of deadly mosquito-borne diseases. We must do it right!



Ed Slavin for Mosquito Control Board -- my response to WJCT/Jacksonville Today questionnaire

Here are my updated responses to the WJCT (NPR affiliate) and Jacksonville Today questions on my candidacy to be a Commissioner of the Anastasia Mosquito Control Commission of St. Johns County (AMCD), Seat 1:


Age

67

Background

A summary of the candidate's background

I've lived in St. Johns County since November 5, 1999 -- 25 years ago. First visited in 1992. Fell in love with St. Augustine, its history and nature. "We, the People" love this magical place and I have worked to preserve, protect and defend our democracy, our precious historic and environmental heritage. Let me use my problem-solving abilities to protect the people of St. Johns County. In 2006-2007, I helped persuade the five person board of our independent mosquito district to cancel an unwise, illegal, no-bid, supposedly "sole source" luxury $1.8 million helicopter contract with Bell Helicopter. It took nine months of effort. Finally, after replacing several attorneys, our mosquito control district commissioners listened. We, the People in St. Johns County were finally heard and heeded. AMCD won a full refund of our 10% deposit to the helicopter manufacturer. My dad told me, as JFK's dad told him, that you have to stand up to people with power, or else they walk all over you. At age 26, as Appalachian Observer Editor, I won Department of Energy declassification of our frail planet's largest-ever mercury pollution event (Oak Ridge, Tenn. Y-12 Nuclear Weapons Plant), a national scandal, triggering nationwide cleanups; our Appalachian Observer newspaper was recommended for a Pulitzer Prize by Anderson County DA. Clerked for USDOL Chief Administrative Law Judge Nahum Litt and Judge Charles Rippey. Intern and junior staffer for Senators Ted Kennedy, Gary Hart & Jim Sasser. B.S.F.S., Georgetown University.; J.D., Memphis State U. (now University of Memphis). Advocate for worker rights. Your watchdog, termed an "environmental hero" by FOLIO WEEKLY (after reporting City of St. Augustine's illegal dumping of 40,000 cubic yards of contaminated material from a landfill in a lake). Helped encourage state and federal governments to remedy the City's illegal dumping and illegal sewage effluent pollution in our saltwater marsh). Shall we ask questions, demand answers & expect democracy? It is up to us.

Campaign website

Your plans

How do you believe the role on the Anastasia Mosquito Control District can best be used to benefit the residents of St. Johns County?

In 1943, my dad was infected with malaria when he was bitten by a mosquito in Sicily, as an 82nd ABN DIVN paratrooper: he recovered in Army hospitals, but suffered lifetime effects. The mosquito is the most dangerous animal on Earth, killing some 600,000 people annually. Controlling fatal disease-spreading mosquitoes requires both good government and good science -- asking questions, getting answers and expecting democracy. Let's help make our Anastasia Mosquito Control District of St. Johns County work wisely and safely. To protect our way of life, we must assure that AMCD will practice good science and safeguard our tax dollars, protecting public health, the environment and public funds, advancing research and education while protecting scientific integrity and employee whistleblower rights; We must safeguard the independence of AMCD, an independent scientific and technical organization. We must assure that "whistleblower" ethical employees are heard and heeded whenever they raise concerns. Let's resist any further effort by the St. Johns County Board of County Commissioners to take over independent AMCD, as was attempted by misguided leaders, misled by a longtime former SJC County Administrator, fired in 2019. I opposed hiring of any more AMCD lawyers without Florida Bar Journal ads and thorough statewide searches and vetting. I oppose evergreen audit contracts. I oppose arbitration clauses in AMCD contracts: the late Supreme Court Justice William Rehnquist said that the Seventh Amendment right to civil jury trial ia "bulwark against oppression." Yes, I've been a watchdog of mosquito control environmental protection and spending since December 2006.

Why?

Why should voters choose you?

I am the only child of well-read working class parents. My dad was an 82nd ABN DIVN paratrooper who helped liberate the first French town from Nazi oppression, taking it back before the sun rose on June 6, 1944. I am blessed that my parents, my teachers and my mentors taught me to ask questions, demand answers and expect democracy. I support strong effective mosquito control measures, advancing research and education while protecting scientific integrity and employee whistleblower rights; safeguarding the independence of AMCD. AMCD must remain an independent scientific and technical organization; protecting public health, the environment and public funds. Let's assure that "whistleblower" ethical employees are heard and heeded whenever they raise concerns. Let's resist any further effort by the St. Johns County Board of County Commissioners to take over independent AMCD, as attempted by a misguided former SJC County Administrator. I oppose allowing arbitration clauses in AMCD and other government contracts, Yes, I've been a watchdog of mosquito control environmental protection and spending since December 2006. Yes, it is up to us to do this right.

Biggest issue

What is the biggest issue the Mosquito Control District faces? How do you propose the district combat it?


Overdevelopment, flooding and climate change. The University of Florida's Institute on Emerging Pathogens identifies "development" as one of three (3) co-factors to the growth of mosquito-borne diseases in Florida. Mosquito control issues must be considered in St. Johns County's comprehensive plan and development application approvals. Is our St. Johns County government rubber-stamping overdevelopment? You tell me. Some 33 neighborhoods suffer from excessive flooding, much of it due to poor planning, with some approved by a titled County Engineer, who was not a licensed engineer. Mosquito control scientists must be heard and heeded on the effects on public health of sticking large subdivisions adjoining swamps. Too often, governments chill and retaliate against free speech. Too often, people in government are discouraged from speaking out and doing their jobs "too well." Let's base public policy on good science and protect our free speech rights as Americans.  As the late U.S. Attorney General Robert F. Kennedy said, "If our Constitution had followed the style of Saint Paul, the First Amendment might have concluded--"But the greatest of these is speech." In the darkness of tyranny, this is the key to the sunlight. If it is granted, all doors open. If it is withheld, none."  Mosquito control employee free speech rights must be protected and not neglected: no illegal gag orders.  We're protecting public health and  combatting deadly mosquito-borne diseases, using natural and chemical pesticides and three helicopters.  Let's do it right, with good science and sound management. I would be honored to have your vote. 


Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
(904) 377-4998


Ed Slavin for Mosquito Control Board: My response to WJXT (News4Jax questions)

My response to WJXT (News4Jax) questions re: my candidacy for Anastasia Mosquito Control Board of St. Johns County, Seatt 1: 

Ed Slavin

Occupation: Retired

Age: 67

Family: My parents, the late Ed and Mary Slavin, helped organize unions. Dad survived malaria in WWII (South Jersey Chapter of 82nd ABN DIVN ASSN named “CPL Edward A. Slavin Chapter” in his honor). My father got malaria in Sicily WWII as an 82nd ABN DIVN paratrooper. My parents taught me, as JFK’s parents taught him, that you have to stand up to people with power or they walk all over you. When AMCD bought a no-bid luxury $1.8 million Bell luxury jet helicopter in 2006, I counted on my mom’s advice as a former purchasing secretary at Camden County College in South Jersey. Our Mosquito Control District got a full refund of our deposit and we learned a valuable lesson about the need for frugality and competitive bidding.

Education: B.S.F.S., Georgetown University School of Foreign Service. J.D., Memphis State University Law School (now University of Memphis).

Political experience: Your watchdog, called an “environmental hero” by Folio Weekly. 

What do you see as the top three issues in this race, and how do you plan to address them?

Advancing research and education while protecting scientific integrity and free speech rights; safeguarding the independence of AMCD as an independent scientific and technical organization; protecting public health, the environment and wisely spending public funds. How? Asking questions and encouraging open, honest transparent government. 

How can you help voters in a way that others running for this office cannot? 

Long experience as a watchdog of mosquito control and environmental protection here in St. Johns County, including helping persuade AMCD Commissioners to vote 5-0 in 2007 to cancel contract for illegal, no-bid $1.8 million purchase of a luxury jet helicopter, resulting in a full refund. Longtime advocate for government accountability and protection of worker and citizen rights.

What would you hope to be remembered for accomplishing after serving in this office? 

Inspiring better informed decisionmaking on spending and on environmental, safety, health and scientific issues.

Campaign website: edslavin.com

Campaign social media: None given

The Matrix: Wetlands of Mass Destruction (WMD) -- Why Florida's wetlands are being destroyed and who benefits (2006)

St. Johns County considering a zoning proposal for Robinson Improvement Company involving wetlands.

My 2006 article on Florida's destruction of wetlands: 


The Matrix: Wetlands of Mass Destruction (WMD) -- Why Florida's wetlands are being destroyed and who benefits (2006)



http://cleanupcityofstaugustine.blogspot.com/2011/05/blog-post.html

The Matrix: Wetlands of Mass Destruction (WMD) -- Why Florida's wetlands are being destroyed and who benefits (2006)




Search the Site

The Matrix: Wetlands of Mass Destruction (WMD)
by Ed Slavin Wednesday, Oct. 25, 2006 at 3:26 PM
EASlavin@aol.com 904-377-4998 P.O. Box 3084, St. Augustine, Florida 32085

Why Florida's wetlands are being destroyed and who benefits.

THE MATRIX -- Wetlands of Mass Destruction (WMD)
By Ed Slavin
http://www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com
Copyright © 2006, 2015

Earlier this year, journalists reported record numbers of alligator attacks in Florida. Wonder why?

Businesses and governments have killed off half of Florida's wetlands, destroying alligators' natural habitat, along with fish, wildlife and water quality. As Hurricane Katrina showed, wetland destruction kills people and destroys their property during post-hurricane floods made ruinous by removing wetlands' natural flood controls.

In the 21st century, some wetland wrongdoers are being prosecuted and convicted of felony crimes against nature. Half of America's wetlands have been destroyed.

At least 100,000 acres of Florida wetlands were destroyed by development, roadbuilding, mining and farming 1990-2004, despite America's "no net loss" policy, as the St. Petersburg Times reported in 2005.

Wetlands teem with life and protect people and property from flooding.

Northeast Florida's Sierra Club dubbed St. Johns River Water Management District (SJRWMD or District) "Watersheds of Mass Destruction" after it approved Freedom Commerce Center's controversial request to destroy the forested headwaters of Jacksonville's Julington-Pottsburg Creeks (even though the Army Corps of Engineers, with primary jurisdiction over wetlands near navigable waters, opposed it).

America is not the only country with anti-wetlands leaders. Duke University scientists investigating Saddam Hussein's destruction of Iran-Iraq wetlands give talks on his "Wetlands of Mass Destruction."

Wetland destruction was long U.S. government policy. Katrina was not the first hurricane killing people left unprotected by widespread wetland destruction. Hundreds of Florida farmers near Lake Okeechobee died during 1926-27 floods.

In the 1840s, Harvard-educated lawyer/historian Buckingham Smith worked for the federal government, lambasting the "utter worthlessness" of the Everglades and "the entire region." In 1904, Florida Governor Napoleon Bonaparte Broward pushed filling in wetlands, "saving" the Everglades to be "drained and made fit for cultivation."
Criminologist Edward Alvord Ross wrote in 1907 that some seeking "success" are "in a hurry" and "not particular about the means," showing "criminaloid" personalities.

"Service to Mankind?"

South Florida's Broward County (and a Jacksonville bridge) are still named for Broward.

The Everglades are in critical condition, object of a crash $8 billion federal project.

Like Napoleon Bonaparte Broward, wetland-fillers thought "they were doing a service to mankind," as Washington Post reporter Michael Grunwald writes his book, "Swamp."

The Everglades, Florida and the Politics of Paradise."

Former EPA Regional Administrator John Henry Hankinson, Jr. joked at a conference that he had recently moved to Florida and done what tourists had long done -- "bought swamp."

Rising real estate prices mean that there's "a lot of possibility for any land in Florida," Hankinson told us.

Built in wetlands In south central St. Johns and Northern Flagler Counties, sixteen square mile Flagler Estates is home to 7300 people in 2500 homes, considered the last bastion of affordable housing in St. Johns County. The St. Augustine Record reports that County officials granting building, water and septic tank permits without inspecting lots. Meanwhile, the Florida Department of Environmental Protection (DEP) inspected and denied at least 20 permits, prohibiting purchasers from placing mobile or manufactured homes and fining some homeowners. Flagler Estates was developed by Florida General Equities of Boca Raton, which advertised home lots nationwide, showing prospective purchasers the land by airplane. FGE (now defunct) never buitl promised roads and amenities. .

Across Florida, airplane passengers observe similar rectangular wetland developments, slashed across wetlands. Some date back to the 1920s Florida real estate boom, some never lived in, still scarring Florida's wetlands with broken promises to prospective Floridians.

Year after year, Florida's wetlands are filled in by speculators and developers (who need no professional licenses, unlike construction contractors).

"Most permits are granted," says St. Johns River Water Management District Jacksonville Service Center Director David Miracle, with developers usually modifying applications to receive approval. There are only five inspectors for six counties to examine wetland destruction, he says, with staffing remaining constant amidst a real estate boom.

During 2003, the St. Petersburg Times reported, only 300 of 14,000 DEP permit applications were turned down, with developers seeking legislation in 2005 to make it even easier to fill in wetlands under ten acres.

Those who fill in wetlands illegally usually have an easy time, given "after the fact permits."

Six Square Miles Damaged, $100 Per Acre Check to UF

One forest owner damaged six square miles of North Florida wetlands and was barely slapped on the wrist. From 1996-2005, Holland M. Ware filled in 77 acres of wetlands and hurt another 3800 acres hydrologically in St. Johns and Flagler County landowner, without seeking or obtaining permits. Ware admitted his employees filled in the wetlands and built (without permits) 9 miles of new roads, 11 miles of new ditches, and 6.4 miles of alterations on existing ditches. Ware reportedly bought some 37,000 acres in the two counties for an estimated $40 million in 1996.

SJRWMD last year quietly approved a weak "consent decree" settlement with Ware, agreeing to let Ware pay $329,000 to the University of Florida for water and soil research and to reimburse over $38,000 in investigation and monitoring costs.

SJRWMD waived all civil, criminal and administrative penalties and gave "after the fact" permits. Nothing in the settlement negates the fact that Ware's UF check is a tax deductible business expense. SJRWMD Board members asked only a few questions before approving Ware's settlement.

Ware's penalty is less than $100 per acre of damage, based on SJRWMD's own calculations. SJRWMD attorney Ms. Tara M. Boonstra says that "there's no doubt that someone intended to dig ditches" and build roads and that the "ditchdigging and roadbuilding were on purpose."


No Fear

Florida boasts more wetlands than any other state (save Alaska) -- twenty percent of the total. Developer political influence means that wetland-fillers do not fear SJRWMD, the State or federal regulators, St. Johns Riverkeeper Neal Armingeon says.

Armingeon writes that landowners can "fill wetlands (happens all the time) and never be fined. DEP might issue a consent order BUT that RARELY requires the landowner to pay a fine or remove illegal fill. It's really an ‘after the fact permit'. With land values what they are, even if they [were fined], the cost of filling pales in comparison to land costs."

Teresa Monson, SJRWMD's spokesperson said "we're just not going to respond." However, Miracle concedes that the District routinely grants developers "after the fact permits" when they did not apply.

The Ware settlement was the District's largest-ever violation and settlement.

Ms. Boonstra says "there's a lot of flexibility for crafting these settlements -- if the violator had not entered into this, we would have had to pursue more time consuming costly enforcement actions that might never have yielded a result ... it's a package that makes a lot of sense." If SJRWMD seek fines, it must try its case in a State Circuit Court.

Landowner Holland M. Ware of Hogansville, Georgia reportedly owns over one million acres of Southern forests, recently angling to purchase another 200,000 acres in Northeast Florida. Ware plants ten new trees for every tree cut.

Requiring Ware to donate a small sum of money to UF is not exactly deterrence or punishment Ware is a wealthy philanthropist who lives part of the year in Ponte Vedra Beach. He's given generously to animal welfare causes, including Auburn University's veterinary school, with buildings bearing his name. In 1993, his Georgia Book Warehouse donated over 800,000 books to low-income children, the Atlanta Project (TAP) and former President Jimmy Carter's foundation reports.

Ware's 2005 SJRWMD consent decree does not require firing any managers, banning anyone from working in forestry, donating any land for parks or requiring anyone to live onsite. It gives SJRWMD access until December 2009, with designated "restoration" chores under a timetable, with possible $200 fines if the timetable isn't kept. Ware and his consultant, The Forestry Company, are "already ahead of schedule," SJRWMD's Dave Miracle states.This isn't the first time that landowners have ever filled in Florida wetlands without a permit, Hankinson says.

Elsewhere, farmers and developers filling in wetlands go to jail. SJRWMD has never reported wetland-fillers to prosecutors.

SJRWMD's lawyer explained that she formerly worked for the UF Foundation and that the District wanted "control" of fine money for research. If paid into the state general fund, "we have no control over that.... we wanted to get something that would benefit our agency here locally.".

"I'm a tree farmer," working "land that I've had for fifty years," Ware said, noting that "we growing a lot more wood than we're using" and that there's "an excess supply of wood."

Ware's trees will ultimately belong to the charitable foundation that bears his name.

Ware said of the destruction of a bald eagle nest tree by a St. Augustine developer, Pierre Thompson. (October Collective Press). "I haven't heard of it -- I've never known of anybody destroying" a bald eagle nest before.

Ware said of his consent decree that "they asked me not to discuss that one ...we manage everything well."

Asked if he had fired any managers for filling in wetlands to build miles of illegal roads and ditches, Ware said, "I couldn't comment on that."

In the American West, most forest land is government-owned. In the South, most forests are privately owned.

Ware comes from a wealthy Georgia family long accustomed to getting its way. His mother told a historian how she boarded a train in New York in 1927 but was told it did not stop in Hogansville. Her father picked up the telephone and saw to it that the train stopped in Hogansville.


"Water Flows Uphill Towards Money"
Picking up the telephone and using contacts is what lobbyists do. Recent federal statistics show America's lobbyists spending over one billion dollars per year. That's a lot of phone calls and cocktail parties for government officials.

In the water-short American West, people say "water flows uphill towards money." With two pro-business brothers named Bush as President and Governor, Florida developers need not even pick up the telephone to win their way. Governor Jeb Bush's appointees push for developer agendas without being asked -- it's their job.

SJRWMD now wisely orders us not to water your lawn more than two days per week. Yet St. Johns County Commissioners recently voted over $3 million in "incentives" for an industry that would use 1.2 million gallons of water daily for bottling beverages.

SJRWMD is "very political," Riverkeeper Armingeon reports. Florida is facing an "incredible onslaught" from developers demanding to fill in wetlands Does SJRWMD's "business as usual" encourage violators? Take a look at the matrix.

The Matrix Revealed

SJRWMD says that it calculates penalties pursuant to its own "internal" guide, a "penalty assessment matrix" that it cribbed from EPA and Florida's DEP.The matrix has never been reported before.

The matrix sets minimal penalties for violations and was adopted over 20 years ago, with no indexing for inflation. Maximum fines are $10,000 per violation. The matrix says, "Reduce by 1/2 all categories for potable water cases."

EPA's maximum fines are $25,000 per day per violation, rising to $75,000 for second offenders.

The matrix was never approved by the Board or published for public comment. SJRWMD claims it "does not have the force and effect of law,' but says it uses it to assure consistency between four District offices.

Riverkeeper Neal Armingeon says "With the limited fines, it almost ‘pays' to violate the wetland laws."

The matrix does not consider the price of the property or the value of a landowner's holdings or the financial motive (and possible gain) for filling in wetlands.

Disrespect for Environmental Law

Justice Louis D. Brandeis said when "government becomes a lawbreaker," it promotes disrespect for the law, and anarchy. Government remains a lawbreaker in filling wetlands.

SJRWMD approved a move by St. Johns County to build Holmes Blvd Extension very close to several sensitive coquina pit lakes. The District's approval apparently violated its own rules. It claimed it "approved" the project on a 3-3 tie vote by its Board of Governors in September 2002.

Spokesperson Teresa Monson says the District follows Roberts Rules of Order and that tie votes "disapprove" proposals. Despite the tie vote, Holmes Blvd. Extension was built on the pretext that the District did not follow Roberts' Rules.

Building the new county road ironically allowed discovery of illegal dumping by the City of St. Augustine at the Old City Reservoir. As retired EPA regional National Pollution Discharge Emission System Branch Chief John Marler says, what St. Augustine dumped "is obviously not clean fill, which is concrete and dirt usually." "There are no mattress springs in clean fill." (See "Oldest City Trashes Reservoir." Collective Press, April 2006, http://www.collectivepress.org).

Unlike other violators, an "after the fact permit" is not an option for the City of St. Augustine, SJRWMD and FDEP spokesmen say -- the agencies want the reservoir cleaned up and have rejected months of city flummery. St. Augustine's City Attorney James Patrick Wilson resigned October 12 and it is unknown if it was in protest of the city's environmental violations. The city hired the law firm of longtime government and property lawyers Geoffery Dobson and Ronald W. Brown to serve as interim city attorneys.

Like the City of St. Augustine, Florida governments often violate environmental laws and orders, District spokeswoman Teresa Monson says. Nassau County's Judicial Center was illegally built on wetlands without a permit. Jacksonville Electric Authority was guilty of massive dumping of raw sewage, with a DEP penalty of only some $80,000 (reduced from ten times that much). In Marion County, old limerock pits were once used as dumps, Hankinson says. Marion County was rejected when it sought to fill in a sinkhole, rejected by both the SJRWMD Board and Governor's cabinet, Miracle says.

The inherent problem with punishing governmental environmental wrongdoers is that fines are paid by taxpayers, Monson explains

Former EPA Regional Administrator John Hankinson says that other resolutions include consent decrees requiring additional environmental projects, as in Atlanta, which was required to perform "Supplemental Environment Projects (SEPs) in lieu of fines" under a settlement, instead of paying money to the U.S. Treasury. Atlanta was required to "buy and restore stream channels to keep pollution out of the streams." Hankinson says, "we really stuck it to the City of Atlanta," making it protect the environment.
Environmental enforcement employees must again "feel that their leadership is supportive... it comes and goes I guess," Hankinson said.

Profitable Wetland-Filling

Large organizations profit together from wetland-filling, which is why no Florida trade association supports wetland restrictions.

Florida Power & Light is allegedly connecting power to buildings in wetlands built without proper permits. Florida landowners sometimes obtain permits for "agricultural" structures, only to build homes, Florida's Public Service Commission has been requested to consider a proposed rulremaking to ban utility connections to wetland-destroying projects without proper permits, but rejected it on procedural grounds, leaving the way open to renew the request under the next Governor.

Bureaucratic tangles result in two different agencies evaluating wetland permits by the same developer on different sides of the same street, with insufficient coordination. SJRWMD issued no permits for Robert Graubard's subdivision with 20 homes built in a wetland, now causing frequent road and sidewalk flooding adjacent to St. Augustine High School.

SJRWMD admits water "crests" and covers Lewis Speedway after rainfall. "Someone is going to get killed," one resident says.

SJRWMD staff found "drainage issues" at the archaeological site after an on-site inspection on March 2. DEP regulates the homes built across the street in a wetland, while SJRWMD regulates the one next to the high school.

On January 9, St. Augustine Commissioners approved a Robert Graubard project previously said to contain some six acres of wetlands, now said to contain none, Mayor Gardner dissenting. The site includes a significant archaeological find and the City has yet to send the report to the state archaeologist, with St. Augustine City Archaeologist Carl Hallbirt never given the report.A recent SJRWMD report inaccurately claimed there were no wetlands. SJRWMD promised to consult local residents regarding archaeological issues, but issued permits without informing them, apologizing and blaming it on the developer's changing names and bureaucratic SNAFUs.

Earlier this year, when the archaeological site and wetlands were up on the block for approval of a modified planned unit development (PUD), St. Augusting officials refused to see evidence of flooding. St. Augustine City Commissioner Joseph Boles, Jr. -- now a candidate for mayor -- allegedly shook his head "no" when citizens sought to show photos of the flooding to Commissioners on January 9th. As Ms. Sherry Badger wrote in the October 22 St. Augustine Record: "On January 9th, Commissioner Joe Boles voted to put a strip mall and condominiums where there are unexamined Indian villages, risking floods and vehicle accidents near three schools, risking children's safety." Ms. Badger wrote that, "Commissioners voted 3-2 to destroy history, falsely claiming Indian sites were protected. We asked to show videotapes and photos, including Lewis Speedway underwater during football games, school functions and parent pickups. Looking toward the planning director, Mr. Boles shook his head 'no' at our request. In response, staff then claimed there were technical problems with video equipment and city staff needed to have viewed them first. They kept cable TV viewers and commissioners from seeing just how dangerous Lewis Speedway is when it's flooded due to speculators destroying wetlands." http://www.staugustinerecord.com

Mayor candidate Boles had no response to Ms. Badger's letter at the October 23 Commission meeting during Commissioners' comments after Ms. Badger spoke.

North Florida's project-by-project divisions of labor between agencies are supposed to avoid duplication. They can also result in a narrow view of what problems exist with drainage. On the Lewis Speedway-Twelve Mile Swamp drainage, the District blames the County, not DEP or itself. Two different agencies are in charge of permits for developments on the same creek, directly across the street from one another.

The lack of inspectors means that swamps are sometimes quietly drained before permits are sought, with regulators seldom the wiser.

Hankinson says "it is not unusual for landowners to quietly do land preparation to reduce the wetland character of the land" and to "make more attractive for other uses down the road." Two homeowners agree, noting how developers cut trees (some not on the developer's property, without permission. One developer offered $1000 per acre for their lot, demanding the homeowners throw in their three bedroom home for free. Trees were cut without permits on her land and adjacent property, the homeowners allege.

Could SJRWMD do more? Does it need more inspectors? Miracle won't say.

Could SJRWMD be sued by pollution, flood, disaster and auto wreck victims killed, injured or made homeless by its policy of allowing buildings to be built in wetlands, causing floods? While governments are sometimes protected by the doctrine of "sovereign immunity," citizens might sue for damages under state tort law and federal environmental laws.

Organizations filling in wetlands are supposed to create new ones in "mitigation" projects, many of which prove to be unsupervised and unworkable.

Hankinson and Armingeon agree that SJRWMD, the Corps of Engineers, EPA and other agencies must be better environmental stewards. So does the Government Accountability Office (GAO), which reported in 1989, 1993 and again in 2005 that the Corps does little to assure that there will be "no net loss" of wetlands.

While the Jacksonville District office of the Corps was rated better than most, tripling inspections from 2003-2004, GAO also found that it "lost" 13 files on wetland "mitigation."

Agencies' "Neglect"

GAO found "The Corps has consistently neglected to ensure that the mitigation it has required as a condition of obtaining a permit has been completed." "The Corps priority has been and continues to be processing [development] permit applications," the GAO reports.

GAO reported that under Corps of Engineers rules, once the Corps "decides to proceed with an administrative penalty, it cannot subsequently refer the case to the Department of Justice for legal action."

One EPA Wetlands Person for Eight States

Like the Corps and District, EPA is also understaffed. Hankinson says there is only one of the 1200 EPA Atlanta employees works on wetland issues in eight states (Florida, Georgia, Mississippi, Alabama, Tennessee, Kentucky, North Carolina and South Carolina). "We go after the little ones," an EPA staffer told a St. Johns County resident calling about wetland violators in 2000. EPA seldom uses its veto power over wetland projects. Hankinson says prior administrators used vetoes sparingly in Florida, halting Miami landfills and rock plowing in East Everglades.

EPA rarely vetoes a wetland project, Hankinson says. After Hankinson threatened a veto over mining near the Okeefenokee Swamp in Georgia,: the project was halted.
Meanwhile, Florida's war against wetlands continues. Yet some wetland despoilers (even cities) face criminal charges for wetland-destroying "business/"

City Pleads To Felonies

In April 2005, the City of Venice, Florida pled guilty to three felony counts of Clean Water Act violations -- polluting wetlands with partly treated sewage effluent, damaging Knight Trail Park and Curry Creek.

Venice City Attorney Bob Andrews bragged to EPA, "We violate, you fine us, we pay the fines and move on." City Manager George Hunt (since resigned) said pollution and fines were part of the City's "cost of doing business."

Venice admits its illegal "business" destroyed pine trees, damaged vegetation and left wildlife homeless. Venice replaced its entire utility department with a contractor: it paid a $110,000 fine and was placed on probation. Federal agents are still investigating "The Executive Group," including former City Manager Hunt.

Developer Sent to Fed Pen

In December, Mississippi developer Robert Lucas was sentenced to nine years in prison for 41 counts of mail fraud; unpermitted trenching, draining, and filling of wetlands; and unpermitted discharge of sewage to wetlands, as well as for conspiracy to commit those crimes. Lucas' daughter, Realtor® Robbie Lucas Wrigley and his engineer, M.E. Thompson,Jr., P.E. were also convicted.

Lucas defrauded 250 low-income, first-time homebuyers who put mobile and manufactured homes on one to five acre lots in Big Hill Acres, his 2620 acre development located near Biloxi, half in wetlands (advertised as "high and dry").
Lucas put septic tanks in wetlands despite health concerns and state and federal stop-work orders.

Lucas' engineer falsely certified septic tank systems. Sewage backed up into homes.
Lucas and his daughter added handwritten notations to sales contracts falsely claiming disclosure to purchasers.

Uncharged was Lucas' lawyer, who testified May 18, 2005 at Lucas' criminal about that he was "mad" and took umbrage" at EPA, advising Lucas to proceed, lambasting EPA as being "very heavy-handed," "unethical" and "on a crusade to destroy" Lucas, describing residents "exacerbated" and "agitated."

Lucas' lawyer disputed the wetland status of only six acres, while seeking a "global settlement" that would allow an "after the fact permit." Lucas' lawyer testified, "we had no reason to deviate from our plan."

The Atlanta Journal-Constitution compared the Big Hill Acres case to a John Grisham novel.

Lucas' lawyer from 2000-2001 was none other than Jimmy I. Palmer, Jr., Mississippi's Department of Environmental Quality Executive Director from 1987-2000. President Bush named Palmer on October 18, 2001 as EPA's Regional Administrator.

EPA Regional Administrator, Palmer has vetoed no wetland projects. Efforts to obtain comment were futile.

After Palmer testified against his own agency, lawyer Jeff Ruch of Public Employees for Environmental Responsibility (PEER) blasted Palmer, noting he had never vetoed any wetland projects and "never met a developer he didn't like." Ruch called for Palmer's resignation, asking "when did he stop representing developers?"

Likewise, critics like Armingeon say that federal and state agencies' "business as usual" is to work with developers, not prosecute.

SJRWMD's current Governor-appointed members include "a utility representative, an agriculture/farming representative, an investor, a businessman, a lawyer, a marketing/public relations person, an environmental consultant, a citizen-activist and a Realtor® -- a wide variety of occupations," Miracle says.

A more fairly balanced membership might include people of more diverse backgrounds, more attuned to the importance of environmental/health issues. How about a Green Party leader, a biology professor, a nurse, a physician, a plumber, a factory worker, a shopkeeper, a retired judge, a birdwatcher, a veterinarian, a landscaper/nurseryman and a fisherman?

A newly revived Board might demand higher penalties and criminal prosecution for willful wetland-killers, eliminate"permits after the fact" and reject the outdated assumptions of a long-secret 20-year old "matrix."

Florida's water management district members are appointed by the Governor. Floridians will soon elect a new one.

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