Sunday, December 24, 2006

Nation's Oldest City Violates Sunshine Law, Breaks Attorney's Promise to State's Attorney Tanner -- Time to Prosecute/Recall City Commissioners?

Nation's Oldest City Violates Sunshine Law, Breaks Attorney's Promise to State's Attorney Tanner -- Time to Prosecute/Recall City Commissioners for Misfeasance, Malfeasance?

Our City of St. Augustine has the same attitude as Soviets did to treaties -- the same attitude our American government had to treaties with American Indian tribes.

Our City of St. Augustine promised artists, entertainers, musicians and venders on St. George Street they would be welcomed in the Plaza de la Constitucion (the former Slave Market). Now, violating the Sunshine law, three days before Christmas, our City Commissioners have played Scrooge with peoples' rights (see article below), exposing themselves to potential litigation, criminal prosecution and ouster by the voters in a recall election.

In a November 20, 2006 letter, the office of State's Attorney John Tanner wrote that "During my conversations with Assistant City Attorney, Robin
Upchurch, she informed me that in the future, no meetings of the city
commission will be held unless there is at least a twenty-four hour
notice to the public. References: F.S. 286.011(1). Government in the
Sunshine Manuel (sic) (Volume 27), pages 35 & 36, (F.1.a.3)"

On December 22, 2006, St. Augustine City Commissioners held what was announced on December 11, 2006 to be a meeting strictly limited to one topic -- tax relief for low-income elderly. The one topic was verified at the December 11, 2006 City Commission meeting by all four Commissioners who were present and by the City Manager. The sole topic was re-verified in a December 21, 2006 telephone call to City Hall.

The meeting broke the notice provision of Florida Sunshine law, hiring a City Attorney and banning venders from the Slave Market Plaza (Plaza de la Constitucion).

Will City Commissioners now be indicted for violating the Sunshine law, as they took up two issues not on the agenda, without public notice -- banning vendors from the Slave Market Square and selecting a new City Attorney? See Peter Guinta's December 23, article (below).

Not only did City Commissioners play Scrooge with the lives, incomes and families of our historic Slave Market Square vendors, and break the promise they made in hustling vendors, artists and entertainers off St. George Street. They showed our City government's piratical lawbreaking nature is still alive, violating the Sunshine law on their Friday morning massacre of the public's right to know and right to notice and an opportunity to be heard.
As my friend, St. Augustine videographer J.D. Pleasant says it best, "they will say and do anything." Time to kick the moneychangers out of the temple and have an election to recall five Commissioners from City Hall in our Nation's Oldest City?

Will all five City Commissioners now be subject to recall under Florida law, for their misfeasance and malfeasance, including illegal dumping and recidivist violations of the Florida Sunshine law?

What do you reckon?

See letters and article below.

---------------------
To: City Commissioners

As long time customers of Mr. David Queen we would hate to see this valuable
service to locals and tourists not be available in the plaza or elsewhere.
To eliminate this type of service in the commons would be a huge loss to the
community and tourist. David is one of the best message therapist in St.
Augustine. He truly has healing hands and we look forward to going down to
the plaza whenever possible for a message. We strongly feel that you should
reconsider any notion of passing an ordinance that would restrict message
therapists from being in the plaza.

Thank you,

Julie Parker
Gary Anderson




>From: "d_thundershield"
>To:
>crich@aug.com,jones2002@erroldjones.com,gardner@aug.com,josephbolesjr@bellsouth.net,Fblaw@bellsouth.net,themail@folioweekly.com,derek.may@staugustinerecord.com,margo.pope@staugustinerecord.com,peter.ellis@staugustinerecord.com,ACLUjax@yahoogroups.com,easlavin@aol.com,wilddove@earthlink.net,gburrell@aug.com,Nolan@aug.com,deborahandrews@earthlink.net,hoagd@aol.com,trakali@aol.com,lyndeluke@msn.com,anderpark@msn.com,jlsmith@unf.edu,tdonovan@unf.edu,mlprcz@msn.com,tom@aug.com,tcrawf@aol.com,celliw@bellsouth.net
>Subject: CHAIR-MASSAGE IN PLAZA -- VENDING BAN PROPOSAL Date: Sat, 23 Dec
>2006 03:27:48
>
>
>Mayor Boles/Commissioners/Media:
>
>I have been doing professional, seated CHAIR MASSAGE in the downtown PLAZA
>with a plaza permit for over 4 years. I earlier worked for several years,
>on weekends, on the patio of the Historic River Street Inn in Savannah, Ga.
>
>I am licensed by the Florida State Board of Health (MA # 27247), and the
>National Certification Board for Therapeutic Massage and Bodywork (NCBTMB
>-- # 145339-00.) I'm in good standing with both Boards and have never had a
>complaint in all my years of practicing chair/table massage.
>
>More than a few city/county employees highly value my work and make a habit
>of dropping by the Plaza regularly. I offer convenient, affordable and
>accessible massage -- starting at just $5 (for 5 minutes), for the average
>visitors and locals who don't have the time and/or money -- often $120 for
>several minutes of hot stones and a (usually) mediocre 45 minute "rub down"
>-- at a fancy, Ponte Vedra- type Health Spa.) I specialize in soft tissue
>pain relief.
>
>Seated Chair Massage is non-threatening to all -- no clothes are removed as
>is usually the case in a private, table massage at an office, spa or in
>one's home.
>
>I have satisfied thousands of customers over the years, with my caring and
>professional FEEL GOOD CHAIR MASSAGE. Over 95% of tension-headaches gone in
>several minutes and pain relief for neck, back, shoulders, forearms and
>hands (carpel tunnel, tendonitis, etc.)
>Just ask around ... if you haven't been in my chair yet!
>
>I'm NOT a VENDOR (I perform a tax-free SERVICE licensed by the State and
>sell NO products.) My set-up space is small and compact.
>
>The Plaza was getting overcrowded with vendors (sunglass sellers and junk
>dealers, etc. -- NOT artists), making it more difficult for those of us who
>have proudly worked there for a number of years and create and sell artwork
>(however it's defined), or perform a professional craft/service.
>
>Artists, entertainers and several service-providers (myself included) were
>moved to the Plaza after the earlier city ban on this type of activity on
>St. George St.
>
>The excessive number of vendors was sometimes a problem in Plaza -- NOT the
>mere existence of a reasonable number of responsible vendors. Most cities
>have vendors in public spaces. Why not just limit the number of permits to
>vendors?
>
>I do think that artists/craftspeople/service providers should have
>preference over vendors in the Plaza.
>
>The downtown plaza -- is a perfect spot for chair massage since we don't
>have an airport to speak of (seated chair massage is usually offered in
>airport terminals). Hundreds of visitors regularly return for my services
>and many say the time spent in my massage chair was the most "rewarding
>experience" of their whole stay in St. Augustine.
>
>I dress nicely; always behave courteously and professionally; keep an
>immaculate workspace and have 20 years of experience at my work. My signage
>is professionally done.
>
>I hope and trust that I will be allowed to continue to -- serve, heal and
>de-stress -- both locals and guests in the Plaza on the weekends. I thought
>the $75 monthly Plaza permit fee was reasonable.
>
>The courtesy of a reply is requested and appreciated.
>
>Thank you,
>
>David T. Queen, BA, LMT, NCBTMB.
>"Best Hands in the South"
>Home -- 461-1147
>Cell -- 687-5959

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