Time to get tough on environmental crimes.
The long delay and apparent undercharging of the September 8, 2001 eagle nest tree cutting in St. Augustine has consequences.
Why wasn't PIERRE THOMPSON named personally?
Why did it take so long for the U.S. Attorney to do anything?
Why wasn't the U.S. Fish and & Wildlife Agency's recommendation for proscution followed years ago?
The answer requires an investigation by Congress. See below.
Saturday, June 30, 2007
Feds Charge Thompson Bros. Realty "Molested" Bald Eagle
Feds Charge Thompson Bros. Realty "Molested" Bald Eagle
By Ed Slavin
Thompson Bros. Realty, Inc. is charged with a felony violation of the Bald and Golden Eagle Protection Act: "molesting" a bald eagle (cutting down a bald eagle nest tree in St. Augustine).
Federal criminal charges were filed against Thompson Bros. Realty, Inc. by United States Attorney Paul Perez on March 30, 2007 for the alleged October 8, 2001 eagle-molesting. Perez' signed "criminal information" charges Thompson Bros. Realty, Inc. with "acting through its employees and agents" and "knowingly and with wanton disregard for the consequences of its actions take, molest and disturb a bald eagle, without being permitted to do so by law," in violation of 16 U.S.C. 668(a) & 50 C.F.R. 22.3.
Those convicted of violating the Bald and Golden Eagle Protection Act can be fined, imprisoned (and denied federal grazing permits). But U.S. Attorney Perez has apparently not yet charged any living, breathing individuals, only Thompson Bros. Realty, Inc., a corporation.
Efforts to contact the Thompsons were unavailing.
Efforts to learn more will continue.
It happened in America on October 8, 2001, inside St. Augustine city limits by the SR312 bridge. A bald eagle nest tree was ordered cut down by local businessman Pierre Thompson (land developer/speculator and grandson of the founder of the St. Augustine Record).
The St. Augustine Record's 2001 articles extensively detailed Thompson's actions. The U.S. Fish & Wildlife Service built a strong case, with neighbors Chris Gilman, her partner, a neighbor and government employees taking photos and providing testimony establishing that Pierre Thompson knew (but denied) there were nesting bald eagles. For four years months, nothing happened. The Collective Press reported in October 2005 that after four years, United States Attorney Paul Perez still hadn't decided whether to charge anyone with any of three federal environmental crimes. CP also reported the five-year statute of limitations would expire in October 2006. Extended by agreement of prosecutors and defense lawyers, the statute of limitations was "no longer a problem," Perez's spokesman Steve Cole told us in December 2006.
Local residents may be heard on sentencing of Thompson Bros. Realty, Inc., which may be asked to provide evidence on other violations and violators as a condition of a guilty plea and sentencing. The Jacksonville U.S. District Court case number is 3:07cr-67-V-32TEM. The case was assigned to Magistrate Judge Thomas E. Morris. For up-to-date information on scheduling and opportunities for public comment on sentencing, concerned citizens may contact Steve Cole, U.S. Attorney's office in Tampa, 813-274-6136 or Honorable Sheryl L. Loesch, U.S. District Court Clerk, 300 North Hogan Street, Suite 9-150, Jacksonville, Florida 32202, tel: 904-549-1900.
The U.S. District Court clerk's website bears a handsome bald eagle on the left; the address is http://www.flmd.uscourts.gov/
Environmental crimes investigations and prosecutions have been rare as hen's teeth here in St. Johns County, Florida. Speculator/developers/landrapers (among other polluters) long held sway here, even bulldozing the home to a nesting pair of bald eagles, our national symbol (less than one month after the attacks of 9/11).
For more background on Thompson Bros. Realty's October 8, 2001 eagle nest tree cutting, see Ed Slavin, "Bald Eagle Coverup -- Four Years Later, No Decision on Prosecution," The Collective Press, (Issue 9, October 2005), online at http://www.collectivepress.org/archive/09_1.html.
By Ed Slavin
Thompson Bros. Realty, Inc. is charged with a felony violation of the Bald and Golden Eagle Protection Act: "molesting" a bald eagle (cutting down a bald eagle nest tree in St. Augustine).
Federal criminal charges were filed against Thompson Bros. Realty, Inc. by United States Attorney Paul Perez on March 30, 2007 for the alleged October 8, 2001 eagle-molesting. Perez' signed "criminal information" charges Thompson Bros. Realty, Inc. with "acting through its employees and agents" and "knowingly and with wanton disregard for the consequences of its actions take, molest and disturb a bald eagle, without being permitted to do so by law," in violation of 16 U.S.C. 668(a) & 50 C.F.R. 22.3.
Those convicted of violating the Bald and Golden Eagle Protection Act can be fined, imprisoned (and denied federal grazing permits). But U.S. Attorney Perez has apparently not yet charged any living, breathing individuals, only Thompson Bros. Realty, Inc., a corporation.
Efforts to contact the Thompsons were unavailing.
Efforts to learn more will continue.
It happened in America on October 8, 2001, inside St. Augustine city limits by the SR312 bridge. A bald eagle nest tree was ordered cut down by local businessman Pierre Thompson (land developer/speculator and grandson of the founder of the St. Augustine Record).
The St. Augustine Record's 2001 articles extensively detailed Thompson's actions. The U.S. Fish & Wildlife Service built a strong case, with neighbors Chris Gilman, her partner, a neighbor and government employees taking photos and providing testimony establishing that Pierre Thompson knew (but denied) there were nesting bald eagles. For four years months, nothing happened. The Collective Press reported in October 2005 that after four years, United States Attorney Paul Perez still hadn't decided whether to charge anyone with any of three federal environmental crimes. CP also reported the five-year statute of limitations would expire in October 2006. Extended by agreement of prosecutors and defense lawyers, the statute of limitations was "no longer a problem," Perez's spokesman Steve Cole told us in December 2006.
Local residents may be heard on sentencing of Thompson Bros. Realty, Inc., which may be asked to provide evidence on other violations and violators as a condition of a guilty plea and sentencing. The Jacksonville U.S. District Court case number is 3:07cr-67-V-32TEM. The case was assigned to Magistrate Judge Thomas E. Morris. For up-to-date information on scheduling and opportunities for public comment on sentencing, concerned citizens may contact Steve Cole, U.S. Attorney's office in Tampa, 813-274-6136 or Honorable Sheryl L. Loesch, U.S. District Court Clerk, 300 North Hogan Street, Suite 9-150, Jacksonville, Florida 32202, tel: 904-549-1900.
The U.S. District Court clerk's website bears a handsome bald eagle on the left; the address is http://www.flmd.uscourts.gov/
Environmental crimes investigations and prosecutions have been rare as hen's teeth here in St. Johns County, Florida. Speculator/developers/landrapers (among other polluters) long held sway here, even bulldozing the home to a nesting pair of bald eagles, our national symbol (less than one month after the attacks of 9/11).
For more background on Thompson Bros. Realty's October 8, 2001 eagle nest tree cutting, see Ed Slavin, "Bald Eagle Coverup -- Four Years Later, No Decision on Prosecution," The Collective Press, (Issue 9, October 2005), online at http://www.collectivepress.org/archive/09_1.html.
City responds unreasonably to critics
In response to Peter Romano's column (below), ex-Mayor GEORGE GARDNER, City Commissioner, hotly denounced the "letter-writer" (sic) at the June 11, 2007 city Commission meeting, stating that the St. Augustine Police Department indicated that the "letter-writer" (sic) had not called to report any crimes since June 2006.
Was GARDNER's remark an invasion of a reasonable expectation of privacy?
Does criticizing local governments give officials the right to research you, on taxpayer-funded time? Nope. It's Watergate-style abuse of power.
GARDNER's remark was a non sequitur, but typical "spin" on the part of City officials.
GARDNER once asked me "do you have lint in your pockets?" while I was questioning City officials about illegal dumping at a City Commission meeting last year.
Was Peter Romano obliged to report crimes that are open and notorious?
Do citizens have a right to discuss law enforcement lapses without being attacked? What's next, pepper-spray and handcuffs for civic leaders?
BTW, reporting environmental crimes in these parts often results in selective enforcement (see above regarding PIERRE THOMPSON and eagle nest tree cutting.
Interesting fact: when City Manager WILLIAM B. HARRISS became City Manager in 1998, he and City Planning and Zoning Director MARK KNIGHT were present at the creation of a new zoning district, for one person -- Mr. THOMPSON, to allow them to build a dock some day.
Was GARDNER's remark an invasion of a reasonable expectation of privacy?
Does criticizing local governments give officials the right to research you, on taxpayer-funded time? Nope. It's Watergate-style abuse of power.
GARDNER's remark was a non sequitur, but typical "spin" on the part of City officials.
GARDNER once asked me "do you have lint in your pockets?" while I was questioning City officials about illegal dumping at a City Commission meeting last year.
Was Peter Romano obliged to report crimes that are open and notorious?
Do citizens have a right to discuss law enforcement lapses without being attacked? What's next, pepper-spray and handcuffs for civic leaders?
BTW, reporting environmental crimes in these parts often results in selective enforcement (see above regarding PIERRE THOMPSON and eagle nest tree cutting.
Interesting fact: when City Manager WILLIAM B. HARRISS became City Manager in 1998, he and City Planning and Zoning Director MARK KNIGHT were present at the creation of a new zoning district, for one person -- Mr. THOMPSON, to allow them to build a dock some day.
Guest Column: Neighborhood Bill of Rights' rejection wrong
Guest Column: Neighborhood Bill of Rights' rejection wrong PETER ROMANOSt. Augustine Publication Date: 06/10/07
Without much fanfare, but with diligent effort, the Neighborhood Council in March proposed an ordinance called the "Neighborhood Bill of Rights." All that we had asked was that the St. Augustine City Commission discuss the measure which is almost identical to the St. Johns County ordinance passed in 2006, and similar to an existing Jacksonville ordinance.
What became of this measure to extend a basic list of rights to the everyday citizen who is taking responsibility for their community? First, it was referred to the city staff for comments. Then it received an all-out attack by the city attorney, who inferred that the "everyday" citizen could exercise these at any time.
And of course the commissioners and the mayor voted it down, saying in effect, let's not accept accountability or responsibility to our citizens.
Here's what we asked for (abridged version):
A. Prompt . responses to all reasonable city business questions, document requests, and meeting requests submitted to the city manager or his/her staff
B. A timely personal response of its commissioner or designee questions directed to the City Commission office.
C. Advance notification and a reasonable opportunity to provide input to the city of any substantial city initiated or permitted public works or utility projects.
D. Notification of the submission of any application or pre-application for city approval of a special use, temporary use, variance, vesting, rezoning, Development of Regional Impact, PUD, PRD, Comprehensive Plan change, other significant land use change application, or change or amendment thereof.
E. To allow members of one or more neighborhood associations to ask questions ., concerns, or suggestions regarding said application. .
F. Final version(s) of all land use change application documents must be provided to the city no later than 15 days prior to any public hearing on the matter . notifying affected parties (including neighborhood associations) in writing.
G. Representatives of each neighborhood association representing property within 300 feet of the subject property shall be accorded an opportunity to share. ... time to address and present evidence to any city board, ... so be accorded the right to reasonably cross-examine the applicant's witnesses on the issues which such witness testifies.
H. Misrepresentation, as reasonably determined by the city, provided by an association in materials or testimony provided cause such association to lose its registration status for one year from the hearing date.
I. Opportunity for formal input into the annual budget process, including the opportunity to express preferred city government priorities, suggested capital improvement projects.
J. The opportunity to provide input into the design of publicly-funded projects within or adjacent to the neighborhood ...
So how does this affect us? One of the founding members of the Neighborhood Council, the governing body of St. Augustine's Neighborhood Associations, finds one of its members floundering.
Up until the last meeting in May, and a threat to dissolve, the Lincolnville Neighborhood Association hadn't had a quorum in six months. As a result, we haven't had elections for 2007, too few people have shown up to kick me out.
Meanwhile, the neighborhood's troubles mount; trash, littering, deteriorated streets, graffiti, wandering homeless, hookers on parade, continuing drug deals and murder. I receive complaints about these conditions, from people who mostly won't participate in the association to try to make a change.
The city, while ignoring these problems (with the exception of some much-needed police attention to the corner of Bridge Street and M.L. King Avenue) instead imposes its own will on the neighborhood. Through the Planning and Zoning Board, it strong-arms rezoning by exception, "taking away residentially/historically zoned property to make it a parking lot for the National Guard. It sets an ordinance on density without considering how it affects an already "urban" neighborhood.
One of my colleagues in the Neighborhood Council put it succinctly. "Since the associations (neighborhoods) do not have any authority or power there can not be any liability to the city for their actions"
Or, inactions, I would add.
On Thursday, we will try for a Lincolnville resurrection. On June 24, all neighborhood associations are invited to "pot luck" at the annual Neighborhood Council Picnic. For the sake of Lincolnville be there Thursday. For the sake of all neighborhoods come June 24.
Peter Romano is president of the Lincolnville Neighborhood Association.Click here to return to story:http://staugustine.com/stories/061007/opinions_4643639.shtml © The St. Augustine Record
Without much fanfare, but with diligent effort, the Neighborhood Council in March proposed an ordinance called the "Neighborhood Bill of Rights." All that we had asked was that the St. Augustine City Commission discuss the measure which is almost identical to the St. Johns County ordinance passed in 2006, and similar to an existing Jacksonville ordinance.
What became of this measure to extend a basic list of rights to the everyday citizen who is taking responsibility for their community? First, it was referred to the city staff for comments. Then it received an all-out attack by the city attorney, who inferred that the "everyday" citizen could exercise these at any time.
And of course the commissioners and the mayor voted it down, saying in effect, let's not accept accountability or responsibility to our citizens.
Here's what we asked for (abridged version):
A. Prompt . responses to all reasonable city business questions, document requests, and meeting requests submitted to the city manager or his/her staff
B. A timely personal response of its commissioner or designee questions directed to the City Commission office.
C. Advance notification and a reasonable opportunity to provide input to the city of any substantial city initiated or permitted public works or utility projects.
D. Notification of the submission of any application or pre-application for city approval of a special use, temporary use, variance, vesting, rezoning, Development of Regional Impact, PUD, PRD, Comprehensive Plan change, other significant land use change application, or change or amendment thereof.
E. To allow members of one or more neighborhood associations to ask questions ., concerns, or suggestions regarding said application. .
F. Final version(s) of all land use change application documents must be provided to the city no later than 15 days prior to any public hearing on the matter . notifying affected parties (including neighborhood associations) in writing.
G. Representatives of each neighborhood association representing property within 300 feet of the subject property shall be accorded an opportunity to share. ... time to address and present evidence to any city board, ... so be accorded the right to reasonably cross-examine the applicant's witnesses on the issues which such witness testifies.
H. Misrepresentation, as reasonably determined by the city, provided by an association in materials or testimony provided cause such association to lose its registration status for one year from the hearing date.
I. Opportunity for formal input into the annual budget process, including the opportunity to express preferred city government priorities, suggested capital improvement projects.
J. The opportunity to provide input into the design of publicly-funded projects within or adjacent to the neighborhood ...
So how does this affect us? One of the founding members of the Neighborhood Council, the governing body of St. Augustine's Neighborhood Associations, finds one of its members floundering.
Up until the last meeting in May, and a threat to dissolve, the Lincolnville Neighborhood Association hadn't had a quorum in six months. As a result, we haven't had elections for 2007, too few people have shown up to kick me out.
Meanwhile, the neighborhood's troubles mount; trash, littering, deteriorated streets, graffiti, wandering homeless, hookers on parade, continuing drug deals and murder. I receive complaints about these conditions, from people who mostly won't participate in the association to try to make a change.
The city, while ignoring these problems (with the exception of some much-needed police attention to the corner of Bridge Street and M.L. King Avenue) instead imposes its own will on the neighborhood. Through the Planning and Zoning Board, it strong-arms rezoning by exception, "taking away residentially/historically zoned property to make it a parking lot for the National Guard. It sets an ordinance on density without considering how it affects an already "urban" neighborhood.
One of my colleagues in the Neighborhood Council put it succinctly. "Since the associations (neighborhoods) do not have any authority or power there can not be any liability to the city for their actions"
Or, inactions, I would add.
On Thursday, we will try for a Lincolnville resurrection. On June 24, all neighborhood associations are invited to "pot luck" at the annual Neighborhood Council Picnic. For the sake of Lincolnville be there Thursday. For the sake of all neighborhoods come June 24.
Peter Romano is president of the Lincolnville Neighborhood Association.Click here to return to story:http://staugustine.com/stories/061007/opinions_4643639.shtml © The St. Augustine Record
Letter: Community at large fails the homeless
Letter: Community at large fails the homeless
Sumner Gray
St. Augustine
Publication Date: 06/27/07
Editor: A man lies down on the railroad tracks, another is killed by gunshot along State Road A1A, another found dead under a bridge, the latest one drowns in a retention pond, and three others are known dead this year. These are residents of our community. Their fate is our failure.
All of us.
Contrary to what many uneducated residents think, these people do not choose to be homeless (anymore than a woman chooses to stay in an abusive relationship or an alcoholic chooses a beer at 9 a.m.).
Nothing is as simple as it seems.
St. Augustine City Commissioners -- Commissioner Don Crichlow and Mayor Joe Boles -- have removed themselves completely from the issue, unfairly and inconceivably pawning the entire situation onto the Salvation Army.
Four commissioners have gone back on their word by passing an inhumane no begging ordinance and doing absolutely nothing to help the homeless. Only Commissioners George Gardner has contacted the county and been working on creative solutions.
Where are our civic leaders? Where is the Chamber of Commerce and other business leaders? If 80 of you can meet at the winery to plot banning the homeless, couldn't you also come up with creative, long-term solutions?
Where are the majority of the churches?
There are a lot of good people working hard to help the homeless in St. Johns County, but they are overwhelmed and spread thin. It is my belief that government will not deal with this situation unless heavily pressured.
In the end, as with many social justice movements, the citizens of St. Johns County will need to step up. I want to personally ask everyone to get involved with PUSH (People United to Stop Homelessness) and Food Not Bombs and build a movement from there. Come out to the Plaza de la Constitucion any Monday, Thursday or Saturday, from 6 to 7 p.m., have a meal, meet those in need and organize mutual aid.
Sumner Gray
St. AugustineClick here to return to story:http://staugustine.com/stories/062707/opinions_4679263.shtml © The St. Augustine Record
Sumner Gray
St. Augustine
Publication Date: 06/27/07
Editor: A man lies down on the railroad tracks, another is killed by gunshot along State Road A1A, another found dead under a bridge, the latest one drowns in a retention pond, and three others are known dead this year. These are residents of our community. Their fate is our failure.
All of us.
Contrary to what many uneducated residents think, these people do not choose to be homeless (anymore than a woman chooses to stay in an abusive relationship or an alcoholic chooses a beer at 9 a.m.).
Nothing is as simple as it seems.
St. Augustine City Commissioners -- Commissioner Don Crichlow and Mayor Joe Boles -- have removed themselves completely from the issue, unfairly and inconceivably pawning the entire situation onto the Salvation Army.
Four commissioners have gone back on their word by passing an inhumane no begging ordinance and doing absolutely nothing to help the homeless. Only Commissioners George Gardner has contacted the county and been working on creative solutions.
Where are our civic leaders? Where is the Chamber of Commerce and other business leaders? If 80 of you can meet at the winery to plot banning the homeless, couldn't you also come up with creative, long-term solutions?
Where are the majority of the churches?
There are a lot of good people working hard to help the homeless in St. Johns County, but they are overwhelmed and spread thin. It is my belief that government will not deal with this situation unless heavily pressured.
In the end, as with many social justice movements, the citizens of St. Johns County will need to step up. I want to personally ask everyone to get involved with PUSH (People United to Stop Homelessness) and Food Not Bombs and build a movement from there. Come out to the Plaza de la Constitucion any Monday, Thursday or Saturday, from 6 to 7 p.m., have a meal, meet those in need and organize mutual aid.
Sumner Gray
St. AugustineClick here to return to story:http://staugustine.com/stories/062707/opinions_4679263.shtml © The St. Augustine Record
Letter: Noisy trucks demand police action
Letter: Noisy trucks demand police actionRobin SeversSt. AugustinePublication Date: 06/27/07
Editor: Why won't the police of St. Augustine do something about those large trucks with mufflers loud enough to shake the house?
They disturb tourists and residents at all hours of the day and night without recourse. A few noise violation fines handed out by police would go a long way in helping restore peace to our community. To the people who think their loud trucks are cool, the rest of us know you are, just compensating for something.
Robin Severs
St. AugustineClick here to return to story:http://staugustine.com/stories/062707/opinions_4679263b.shtml © The St. Augustine Record
Editor: Why won't the police of St. Augustine do something about those large trucks with mufflers loud enough to shake the house?
They disturb tourists and residents at all hours of the day and night without recourse. A few noise violation fines handed out by police would go a long way in helping restore peace to our community. To the people who think their loud trucks are cool, the rest of us know you are, just compensating for something.
Robin Severs
St. AugustineClick here to return to story:http://staugustine.com/stories/062707/opinions_4679263b.shtml © The St. Augustine Record
Letter: What? Fish Island again?
Letter: What? Fish Island again?Rene TiecheCrescent BeachPublication Date: 06/29/07
Editor: How many appeals are enough? What part of no doesn't developer Jim Young understand? We've had county commission and P and Z plus city denial 3 strikes you're out "final" or are they trying to jockey around commissioner's in their favor? This development needs to be buried for good.
Rene Tieche
Crescent Beach Click here to return to story:http://staugustine.com/stories/062907/opinions_46810A5.shtml © The St. Augustine Record
Editor: How many appeals are enough? What part of no doesn't developer Jim Young understand? We've had county commission and P and Z plus city denial 3 strikes you're out "final" or are they trying to jockey around commissioner's in their favor? This development needs to be buried for good.
Rene Tieche
Crescent Beach Click here to return to story:http://staugustine.com/stories/062907/opinions_46810A5.shtml © The St. Augustine Record
Sunday, June 17, 2007
Fish Island denial headed to court
Fish Island denial headed to court
City backs planning board in rejecting project
MARCIA LANE
marcia.lane@staugustine.com
Publication Date: 06/12/07
The next time the issue of a massive dock and marina for a development on Fish Island comes up it will probably be before a judge.
The St. Augustine City Commission, by a 5-0 vote Monday night, backed a decision by the St. Augustine Planning and Zoning Board to deny the dock that opponents say will destroy one of the last unspoiled vistas in the area.
The commission was serving as an appellate court so there was no public hearing.
"We will be going on to court with this," said Fred Halback of Halback Design Group, who has been working with developer Jim Young, designing landscaping for the upscale project.
Court was almost inevitable no matter which way the vote went.
Opponents of the development indicated earlier they would fight the dock in court if the city approved it.
City Attorney Ron Brown told commissioners that, in making their decision, they needed to be able to show a court they had allowed due process, complied with essential elements of law for development criteria and that there was "substantive and competent evidence" to support the decision of the PZB.
Fish Island Development Inc. sought the dock and marina as part of its planned upscale development. The dock was to be more than 1,200 feet long and about 10 feet wide in order to accommodate golf carts. The marina was to hold 100 50-foot yachts.
The marina would have allowed most of the residents in the 177-unit development to have a boat slip. Without it, only about 30 of the units are waterside and eligible for individual docks.
Opponents said they were concerned about safety, erosion, destruction of the environment and loss of the Fish Island vista to the public.
Richard McGuire, attorney for the development, said at Monday's meeting that his client had done his homework, obtained state and federal permits, had a right to the dock because of the zoning and was "making a good faith effort to develop the property."
He argued the commission had to use fact-based evidence in making their decision and said the question of vista had been addressed.
Vista, public benefit and the environment were the three major issues addressed.
The issue of vista -- or the view -- came up several times as commissioners discussed their options.
Mayor Joe Boles said while there were no statutes defining what a scenic vista was, he thought it was like the obscenity case once before the U.S. Supreme Court. As one justice said, he might not be able to define obscenity but he knew it when he saw it.
Commissioners also stressed it would not be the first time a dock was denied.
Click here to return to story:
http://staugustine.com/stories/061207/news_4651283.shtml
© The St. Augustine Record
City backs planning board in rejecting project
MARCIA LANE
marcia.lane@staugustine.com
Publication Date: 06/12/07
The next time the issue of a massive dock and marina for a development on Fish Island comes up it will probably be before a judge.
The St. Augustine City Commission, by a 5-0 vote Monday night, backed a decision by the St. Augustine Planning and Zoning Board to deny the dock that opponents say will destroy one of the last unspoiled vistas in the area.
The commission was serving as an appellate court so there was no public hearing.
"We will be going on to court with this," said Fred Halback of Halback Design Group, who has been working with developer Jim Young, designing landscaping for the upscale project.
Court was almost inevitable no matter which way the vote went.
Opponents of the development indicated earlier they would fight the dock in court if the city approved it.
City Attorney Ron Brown told commissioners that, in making their decision, they needed to be able to show a court they had allowed due process, complied with essential elements of law for development criteria and that there was "substantive and competent evidence" to support the decision of the PZB.
Fish Island Development Inc. sought the dock and marina as part of its planned upscale development. The dock was to be more than 1,200 feet long and about 10 feet wide in order to accommodate golf carts. The marina was to hold 100 50-foot yachts.
The marina would have allowed most of the residents in the 177-unit development to have a boat slip. Without it, only about 30 of the units are waterside and eligible for individual docks.
Opponents said they were concerned about safety, erosion, destruction of the environment and loss of the Fish Island vista to the public.
Richard McGuire, attorney for the development, said at Monday's meeting that his client had done his homework, obtained state and federal permits, had a right to the dock because of the zoning and was "making a good faith effort to develop the property."
He argued the commission had to use fact-based evidence in making their decision and said the question of vista had been addressed.
Vista, public benefit and the environment were the three major issues addressed.
The issue of vista -- or the view -- came up several times as commissioners discussed their options.
Mayor Joe Boles said while there were no statutes defining what a scenic vista was, he thought it was like the obscenity case once before the U.S. Supreme Court. As one justice said, he might not be able to define obscenity but he knew it when he saw it.
Commissioners also stressed it would not be the first time a dock was denied.
Click here to return to story:
http://staugustine.com/stories/061207/news_4651283.shtml
© The St. Augustine Record
Letter: City Commission should uphold the PZB decision
Letter: City Commission should uphold the PZB decisionKen BryanSt. AugustinePublication Date: 06/10/07
Editor: For the second time, May 7, 2007, the city of St. Augustine Planning and Zoning Board (PZB) voted unanimously, 6-0, to reject the request by applicant Fred Halback, for a proposed 10-foot by 240-foot pier to a 1,080-feet, 100-slip marina. It would dock 50-foot yachts and sailboats for the exclusive use of owners of townhouses and estate homes who don't yet live in St. Augustine.
The private pier is so long over the wetlands, the users would use golf carts to get to boat docks.
Environmental experts, consultants and a biologist testified on May 7 that direct elimination of salt marsh would have cumulative negative impacts to the environment. Increased vessel operation in the area could locally elevate turbidity and sedimentation. Accidental discharge of gasoline, oil, sewage and trash also may have a deleterious impact on marine sources and habitats. No pump-out station or harbor master are planned.
This is not about the applicant's property rights. It is about the property rights of the city and the citizens, who own the submerged bottom lands and marsh that would be harmed. The marina would negatively impact the public scenic vista contrary to the city's comprehensive plan and city code which specifically require marinas and docks to "benefit the public as a whole." The plan declares these areas to be "the most environmentally sensitive areas of the city."
The Mickler-O'Connell Bridge on State Road 312 is the main route for evacuation of thousands who live on Anastasia Island. Concrete floating docks and large boats may pose a risk of damage to the bridge in the event of a major hurricane and therefore is a safety issue and huge concern of many of us who live here.
When the City Commission meets Monday, we ask that it reject this proposal.Click here to return to story:http://staugustine.com/stories/061007/opinions_464310b.shtml © The St. Augustine Record
Editor: For the second time, May 7, 2007, the city of St. Augustine Planning and Zoning Board (PZB) voted unanimously, 6-0, to reject the request by applicant Fred Halback, for a proposed 10-foot by 240-foot pier to a 1,080-feet, 100-slip marina. It would dock 50-foot yachts and sailboats for the exclusive use of owners of townhouses and estate homes who don't yet live in St. Augustine.
The private pier is so long over the wetlands, the users would use golf carts to get to boat docks.
Environmental experts, consultants and a biologist testified on May 7 that direct elimination of salt marsh would have cumulative negative impacts to the environment. Increased vessel operation in the area could locally elevate turbidity and sedimentation. Accidental discharge of gasoline, oil, sewage and trash also may have a deleterious impact on marine sources and habitats. No pump-out station or harbor master are planned.
This is not about the applicant's property rights. It is about the property rights of the city and the citizens, who own the submerged bottom lands and marsh that would be harmed. The marina would negatively impact the public scenic vista contrary to the city's comprehensive plan and city code which specifically require marinas and docks to "benefit the public as a whole." The plan declares these areas to be "the most environmentally sensitive areas of the city."
The Mickler-O'Connell Bridge on State Road 312 is the main route for evacuation of thousands who live on Anastasia Island. Concrete floating docks and large boats may pose a risk of damage to the bridge in the event of a major hurricane and therefore is a safety issue and huge concern of many of us who live here.
When the City Commission meets Monday, we ask that it reject this proposal.Click here to return to story:http://staugustine.com/stories/061007/opinions_464310b.shtml © The St. Augustine Record
Saturday, June 09, 2007
This view is worth preserving--come speak against speculator's appeal on Monday, June 11, 2007 in St. Augustine
Come out to speak to the St. Augustine City Commission on Monday, June 11, at 5 PM at 75 King Street, City Hall and Lightner Museum Building, First Floor. The proposed Fish Island development should be rejected. The National Park Service must acquire the property for the proposed St. Augustine National Historical Park, National Seashore and National Scenic Highway. Please see below.
Guest column: Proposed Fish Island marina will harm environment
Guest column: Proposed Fish Island marina will harm environment By BILL LEARYSt. AugustinePublication Date: 02/07/07
Editor: The proposed private marina at Fish Island immediately south and east of the Mickler-O'Connell Bridge on State Road 312 is wrong for St. Augustine. The marina is intended for the exclusive use of the future residents of the already approved 177 condominiums and of the planned 35 estate homes to be built on this undeveloped property.
To reach the Intracoastal Waterway, the developer would build an enormous boardwalk nearly 1,300 feet long and at least 10 feet wide across unspoiled tidal marsh to form a "T" with a floating dock measuring an incredible 1,080 feet of its own. The dock will house 100 large yachts and sailboats for residents of this gated community. To reach it, the owner of a yacht located at the end of the marina will have walked 1,800 feet, more than a third of a mile.
The Planning and Zoning Board voted a resounding 6-1 "no" and the developer is appealing that decision to the City Commission. The hearing is scheduled for Feb. 26.
Among the reasons to uphold the PZB decision:
1. In nearly all of Florida, the state owns the submerged lands beneath tidal marshes. But in St. Augustine, the submerged lands are owned by the city. This tidal marsh is enjoyed by many for its beauty and as fishing grounds. The public needs more water access, not less. This marsh should not become the exclusive playground of a few.
The property right at stake is that of the citizens of St. Augustine to one of the few remaining expanses of natural beauty still in the city limits. The applicant must have our permission to build on it. As owner of the marsh, the city can and should say "no."
2. The city's Comprehensive Land Use Plan provides that permits for structures such as this private marina must "benefit the public as a whole" and "avoid blocking and disrupting vista and scenic opportunities." Indeed, marinas must "enhance those vistas and scenic opportunities which are determined to benefit the public as a whole." Anyone who enjoys just looking at this beautiful and unspoiled expanse of tidal marsh from the bridge, Flagler Hospital or the waterway will have that pleasure destroyed by a marina of this size at this location.
These vista concerns are really no different from those used to control height in this city. In this case, it is length and width. If the height of these condos was one-twentieth the length of this marina or boardwalk, the howls would be deafening.
3. Even in granting the developer his permit, the St. Johns River Water Management District determined that this marina would harm these delicate wetlands. But, rather than prohibiting or minimizing those harms, the district imposed mitigation requirements. And the mitigation for harming these tidal wetlands was essentially a promise not to destroy even more upland wetlands.
But that decision does not turn our commissioners into potted plants. The city's comprehensive plan declares tidal marshes to be "the most environmentally sensitive areas of the city." The plan recognizes the particular harm that marinas can cause to wetlands and tidal marshes.
The City Commission has the responsibility and authority to render its own judgment on these matters. A boardwalk 10-feet wide running east to west across the entire expanse of marsh will block the sun from the marsh below every hour of every day. It will kill the marsh below that already will have been harmed from the construction. That loss will sever habitat for the web of life and undermine the marsh's cleansing and erosion protecting benefits.
Other potential adverse environmental harms include turbidity from boat props and release of waste and other contaminants, especially with no pump-out station. The City Commission can and should determine that this marina in this location will generate too much harm to a fragile treasure that is worth protecting.
4. The legacy of our nation's oldest city is more than protecting historic buildings. Our beautiful and endangered natural environment also attracts tourists and enhances the quality of life of its residents. When the expanses of unspoiled tidal marsh in our community dwindle to a few, they become more precious. Our leaders hold them in public trust and must protect them for our children and our grandchildren.
n
Leary is a member of the St. Augustine Planning and Zoning Board. Click here to return to story:http://staugustine.com/stories/020707/opinions_4384189.shtml © The St. Augustine Record
Editor: The proposed private marina at Fish Island immediately south and east of the Mickler-O'Connell Bridge on State Road 312 is wrong for St. Augustine. The marina is intended for the exclusive use of the future residents of the already approved 177 condominiums and of the planned 35 estate homes to be built on this undeveloped property.
To reach the Intracoastal Waterway, the developer would build an enormous boardwalk nearly 1,300 feet long and at least 10 feet wide across unspoiled tidal marsh to form a "T" with a floating dock measuring an incredible 1,080 feet of its own. The dock will house 100 large yachts and sailboats for residents of this gated community. To reach it, the owner of a yacht located at the end of the marina will have walked 1,800 feet, more than a third of a mile.
The Planning and Zoning Board voted a resounding 6-1 "no" and the developer is appealing that decision to the City Commission. The hearing is scheduled for Feb. 26.
Among the reasons to uphold the PZB decision:
1. In nearly all of Florida, the state owns the submerged lands beneath tidal marshes. But in St. Augustine, the submerged lands are owned by the city. This tidal marsh is enjoyed by many for its beauty and as fishing grounds. The public needs more water access, not less. This marsh should not become the exclusive playground of a few.
The property right at stake is that of the citizens of St. Augustine to one of the few remaining expanses of natural beauty still in the city limits. The applicant must have our permission to build on it. As owner of the marsh, the city can and should say "no."
2. The city's Comprehensive Land Use Plan provides that permits for structures such as this private marina must "benefit the public as a whole" and "avoid blocking and disrupting vista and scenic opportunities." Indeed, marinas must "enhance those vistas and scenic opportunities which are determined to benefit the public as a whole." Anyone who enjoys just looking at this beautiful and unspoiled expanse of tidal marsh from the bridge, Flagler Hospital or the waterway will have that pleasure destroyed by a marina of this size at this location.
These vista concerns are really no different from those used to control height in this city. In this case, it is length and width. If the height of these condos was one-twentieth the length of this marina or boardwalk, the howls would be deafening.
3. Even in granting the developer his permit, the St. Johns River Water Management District determined that this marina would harm these delicate wetlands. But, rather than prohibiting or minimizing those harms, the district imposed mitigation requirements. And the mitigation for harming these tidal wetlands was essentially a promise not to destroy even more upland wetlands.
But that decision does not turn our commissioners into potted plants. The city's comprehensive plan declares tidal marshes to be "the most environmentally sensitive areas of the city." The plan recognizes the particular harm that marinas can cause to wetlands and tidal marshes.
The City Commission has the responsibility and authority to render its own judgment on these matters. A boardwalk 10-feet wide running east to west across the entire expanse of marsh will block the sun from the marsh below every hour of every day. It will kill the marsh below that already will have been harmed from the construction. That loss will sever habitat for the web of life and undermine the marsh's cleansing and erosion protecting benefits.
Other potential adverse environmental harms include turbidity from boat props and release of waste and other contaminants, especially with no pump-out station. The City Commission can and should determine that this marina in this location will generate too much harm to a fragile treasure that is worth protecting.
4. The legacy of our nation's oldest city is more than protecting historic buildings. Our beautiful and endangered natural environment also attracts tourists and enhances the quality of life of its residents. When the expanses of unspoiled tidal marsh in our community dwindle to a few, they become more precious. Our leaders hold them in public trust and must protect them for our children and our grandchildren.
n
Leary is a member of the St. Augustine Planning and Zoning Board. Click here to return to story:http://staugustine.com/stories/020707/opinions_4384189.shtml © The St. Augustine Record
Guest column: Proposed Fish Island marina will harm environment
Guest column: Proposed Fish Island marina will harm environment By BILL LEARYSt. AugustinePublication Date: 02/07/07
Editor: The proposed private marina at Fish Island immediately south and east of the Mickler-O'Connell Bridge on State Road 312 is wrong for St. Augustine. The marina is intended for the exclusive use of the future residents of the already approved 177 condominiums and of the planned 35 estate homes to be built on this undeveloped property.
To reach the Intracoastal Waterway, the developer would build an enormous boardwalk nearly 1,300 feet long and at least 10 feet wide across unspoiled tidal marsh to form a "T" with a floating dock measuring an incredible 1,080 feet of its own. The dock will house 100 large yachts and sailboats for residents of this gated community. To reach it, the owner of a yacht located at the end of the marina will have walked 1,800 feet, more than a third of a mile.
The Planning and Zoning Board voted a resounding 6-1 "no" and the developer is appealing that decision to the City Commission. The hearing is scheduled for Feb. 26.
Among the reasons to uphold the PZB decision:
1. In nearly all of Florida, the state owns the submerged lands beneath tidal marshes. But in St. Augustine, the submerged lands are owned by the city. This tidal marsh is enjoyed by many for its beauty and as fishing grounds. The public needs more water access, not less. This marsh should not become the exclusive playground of a few.
The property right at stake is that of the citizens of St. Augustine to one of the few remaining expanses of natural beauty still in the city limits. The applicant must have our permission to build on it. As owner of the marsh, the city can and should say "no."
2. The city's Comprehensive Land Use Plan provides that permits for structures such as this private marina must "benefit the public as a whole" and "avoid blocking and disrupting vista and scenic opportunities." Indeed, marinas must "enhance those vistas and scenic opportunities which are determined to benefit the public as a whole." Anyone who enjoys just looking at this beautiful and unspoiled expanse of tidal marsh from the bridge, Flagler Hospital or the waterway will have that pleasure destroyed by a marina of this size at this location.
These vista concerns are really no different from those used to control height in this city. In this case, it is length and width. If the height of these condos was one-twentieth the length of this marina or boardwalk, the howls would be deafening.
3. Even in granting the developer his permit, the St. Johns River Water Management District determined that this marina would harm these delicate wetlands. But, rather than prohibiting or minimizing those harms, the district imposed mitigation requirements. And the mitigation for harming these tidal wetlands was essentially a promise not to destroy even more upland wetlands.
But that decision does not turn our commissioners into potted plants. The city's comprehensive plan declares tidal marshes to be "the most environmentally sensitive areas of the city." The plan recognizes the particular harm that marinas can cause to wetlands and tidal marshes.
The City Commission has the responsibility and authority to render its own judgment on these matters. A boardwalk 10-feet wide running east to west across the entire expanse of marsh will block the sun from the marsh below every hour of every day. It will kill the marsh below that already will have been harmed from the construction. That loss will sever habitat for the web of life and undermine the marsh's cleansing and erosion protecting benefits.
Other potential adverse environmental harms include turbidity from boat props and release of waste and other contaminants, especially with no pump-out station. The City Commission can and should determine that this marina in this location will generate too much harm to a fragile treasure that is worth protecting.
4. The legacy of our nation's oldest city is more than protecting historic buildings. Our beautiful and endangered natural environment also attracts tourists and enhances the quality of life of its residents. When the expanses of unspoiled tidal marsh in our community dwindle to a few, they become more precious. Our leaders hold them in public trust and must protect them for our children and our grandchildren.
n
Leary is a member of the St. Augustine Planning and Zoning Board. Click here to return to story:http://staugustine.com/stories/020707/opinions_4384189.shtml © The St. Augustine Record
Editor: The proposed private marina at Fish Island immediately south and east of the Mickler-O'Connell Bridge on State Road 312 is wrong for St. Augustine. The marina is intended for the exclusive use of the future residents of the already approved 177 condominiums and of the planned 35 estate homes to be built on this undeveloped property.
To reach the Intracoastal Waterway, the developer would build an enormous boardwalk nearly 1,300 feet long and at least 10 feet wide across unspoiled tidal marsh to form a "T" with a floating dock measuring an incredible 1,080 feet of its own. The dock will house 100 large yachts and sailboats for residents of this gated community. To reach it, the owner of a yacht located at the end of the marina will have walked 1,800 feet, more than a third of a mile.
The Planning and Zoning Board voted a resounding 6-1 "no" and the developer is appealing that decision to the City Commission. The hearing is scheduled for Feb. 26.
Among the reasons to uphold the PZB decision:
1. In nearly all of Florida, the state owns the submerged lands beneath tidal marshes. But in St. Augustine, the submerged lands are owned by the city. This tidal marsh is enjoyed by many for its beauty and as fishing grounds. The public needs more water access, not less. This marsh should not become the exclusive playground of a few.
The property right at stake is that of the citizens of St. Augustine to one of the few remaining expanses of natural beauty still in the city limits. The applicant must have our permission to build on it. As owner of the marsh, the city can and should say "no."
2. The city's Comprehensive Land Use Plan provides that permits for structures such as this private marina must "benefit the public as a whole" and "avoid blocking and disrupting vista and scenic opportunities." Indeed, marinas must "enhance those vistas and scenic opportunities which are determined to benefit the public as a whole." Anyone who enjoys just looking at this beautiful and unspoiled expanse of tidal marsh from the bridge, Flagler Hospital or the waterway will have that pleasure destroyed by a marina of this size at this location.
These vista concerns are really no different from those used to control height in this city. In this case, it is length and width. If the height of these condos was one-twentieth the length of this marina or boardwalk, the howls would be deafening.
3. Even in granting the developer his permit, the St. Johns River Water Management District determined that this marina would harm these delicate wetlands. But, rather than prohibiting or minimizing those harms, the district imposed mitigation requirements. And the mitigation for harming these tidal wetlands was essentially a promise not to destroy even more upland wetlands.
But that decision does not turn our commissioners into potted plants. The city's comprehensive plan declares tidal marshes to be "the most environmentally sensitive areas of the city." The plan recognizes the particular harm that marinas can cause to wetlands and tidal marshes.
The City Commission has the responsibility and authority to render its own judgment on these matters. A boardwalk 10-feet wide running east to west across the entire expanse of marsh will block the sun from the marsh below every hour of every day. It will kill the marsh below that already will have been harmed from the construction. That loss will sever habitat for the web of life and undermine the marsh's cleansing and erosion protecting benefits.
Other potential adverse environmental harms include turbidity from boat props and release of waste and other contaminants, especially with no pump-out station. The City Commission can and should determine that this marina in this location will generate too much harm to a fragile treasure that is worth protecting.
4. The legacy of our nation's oldest city is more than protecting historic buildings. Our beautiful and endangered natural environment also attracts tourists and enhances the quality of life of its residents. When the expanses of unspoiled tidal marsh in our community dwindle to a few, they become more precious. Our leaders hold them in public trust and must protect them for our children and our grandchildren.
n
Leary is a member of the St. Augustine Planning and Zoning Board. Click here to return to story:http://staugustine.com/stories/020707/opinions_4384189.shtml © The St. Augustine Record
Fish Island pier is threat to wetlands
Letter: Fish Island pier is threat to wetlandsRusty SpringfieldSt. AugustinePublication Date: 06/09/07
Editor: On Monday, the St. Augustine City Commission will vote on whether to approve the application of Fred Halback, et al, to build an enormous 100-slip dock in the middle of the Intracoastal Waterway, adjacent to the Mickler-O'Connell Bridge on State Road 312.
The pier is to be for the private use of the wealthy residents who will buy the luxury homes that are yet to be built along the tract of land southeast of the bridge.
The St. Augustine Planning and Zoning Board recently rejected this application, 6-0, and with good reason. The only people who support this project are those who stand to make an enormous profit from it.
The citizens of this city do not want it and do not support its construction. It would completely destroy the aesthetic nature of the area, not to mention the flora and fauna in and around its perimeters. Once you destroy the few remaining naturally beautiful wetlands of our city, they're gone forever.
Do we really want St. Augustine to look like Daytona Beach? Set this precedent, and that's exactly what we'll have.
Tourists and residents are drawn to St. Augustine for the heritage that we have preserved and deemed historically significant. Are our last remaining highly visible wetlands no less important? Mitigating it by claiming to preserve another wetlands area somewhere else won't undo the damage that this development will cause.
Rusty Springfield
St. AugustineClick here to return to story:http://staugustine.com/stories/060907/opinions_46438A1.shtml © The St. Augustine Record
Editor: On Monday, the St. Augustine City Commission will vote on whether to approve the application of Fred Halback, et al, to build an enormous 100-slip dock in the middle of the Intracoastal Waterway, adjacent to the Mickler-O'Connell Bridge on State Road 312.
The pier is to be for the private use of the wealthy residents who will buy the luxury homes that are yet to be built along the tract of land southeast of the bridge.
The St. Augustine Planning and Zoning Board recently rejected this application, 6-0, and with good reason. The only people who support this project are those who stand to make an enormous profit from it.
The citizens of this city do not want it and do not support its construction. It would completely destroy the aesthetic nature of the area, not to mention the flora and fauna in and around its perimeters. Once you destroy the few remaining naturally beautiful wetlands of our city, they're gone forever.
Do we really want St. Augustine to look like Daytona Beach? Set this precedent, and that's exactly what we'll have.
Tourists and residents are drawn to St. Augustine for the heritage that we have preserved and deemed historically significant. Are our last remaining highly visible wetlands no less important? Mitigating it by claiming to preserve another wetlands area somewhere else won't undo the damage that this development will cause.
Rusty Springfield
St. AugustineClick here to return to story:http://staugustine.com/stories/060907/opinions_46438A1.shtml © The St. Augustine Record
Fish Island shold be rejected by the City
Letter: Fish Island should be rejected by cityLola SorensenSt. AugustinePublication Date: 06/09/07
Editor: The Planning and Zoning Board of St. Augustine has now denied, twice, the application by developers to construct a gigantic pier over sensitive marsh land that would connect to a long floating dock in the Matanzas River. There would be 100 boat slips, moorage for the private yachts belonging to residents of the condos and estate homes the developers will build on Fish Island. Now the project goes to the City Commission Monday.
As I recently walked along Shore Drive opposite Fish Island, I looked over as I always do and admired the pristine beauty of the shoreline, a sailboat going by, and a few modest fishing boats. I thought about how quickly that could all disappear Monday. I imagined life in a community that has no will to determine the kind of development it will allow, but instead caves in to the wishes of any developer who comes to town with a fistful of dollars and a grand scheme. It made me shudder. I quickly switched my vision to what we have right now, which is unbelievable beauty and the hope that our City Commission has the good sense to preserve it.
We have a comprehensive plan. It says a marina and dock must benefit the public as a whole. Clearly, this private and exclusive dock does not do that. We have complete information about what an estuary habitat requires to stay healthy. Clearly, this project would compromise the environment, destroying both flora and fauna, as testimony by expert after expert has confirmed. And we have a quality of life that I, for one, am willing to fight for.
Therefore, I urge the City Commission to deny the application for the pier and dock west of Fish Island. I urge you, my fellow citizens, to write, email or call your city commissioners, and... to show up at the meeting on Monday at 5 p.m. at City Hall to stand for your opposition to this project and to the kind of development it represents.
Lola Sorensen
St. AugustineClick here to return to story:http://staugustine.com/stories/060907/opinions_46438A2.shtml © The St. Augustine Record
Editor: The Planning and Zoning Board of St. Augustine has now denied, twice, the application by developers to construct a gigantic pier over sensitive marsh land that would connect to a long floating dock in the Matanzas River. There would be 100 boat slips, moorage for the private yachts belonging to residents of the condos and estate homes the developers will build on Fish Island. Now the project goes to the City Commission Monday.
As I recently walked along Shore Drive opposite Fish Island, I looked over as I always do and admired the pristine beauty of the shoreline, a sailboat going by, and a few modest fishing boats. I thought about how quickly that could all disappear Monday. I imagined life in a community that has no will to determine the kind of development it will allow, but instead caves in to the wishes of any developer who comes to town with a fistful of dollars and a grand scheme. It made me shudder. I quickly switched my vision to what we have right now, which is unbelievable beauty and the hope that our City Commission has the good sense to preserve it.
We have a comprehensive plan. It says a marina and dock must benefit the public as a whole. Clearly, this private and exclusive dock does not do that. We have complete information about what an estuary habitat requires to stay healthy. Clearly, this project would compromise the environment, destroying both flora and fauna, as testimony by expert after expert has confirmed. And we have a quality of life that I, for one, am willing to fight for.
Therefore, I urge the City Commission to deny the application for the pier and dock west of Fish Island. I urge you, my fellow citizens, to write, email or call your city commissioners, and... to show up at the meeting on Monday at 5 p.m. at City Hall to stand for your opposition to this project and to the kind of development it represents.
Lola Sorensen
St. AugustineClick here to return to story:http://staugustine.com/stories/060907/opinions_46438A2.shtml © The St. Augustine Record
Editorial: Miss Carrie is back on her bike, all's right with the world
Editorial: Miss Carrie is back on her bike, all's right with the worldPublication Date: 06/09/07
Miss Carrie's wave is unmatched even by the Queen's.
When word circulated that Carrie Johnson, the voice of Lincolnville, had her tricycle stolen recently, one wondered how many friendly waves she would not be able to extend throughout St. Augustine?
Even people who do not know "Miss Carrie" know her wave. Usually it is accompanied by a booming hello to the passer-by.
Within hours of a story in The St. Augustine Record about the theft of her Lamborghini three-wheeler, offers had come in to start a new bike fund as well as a donation of a new bike outright. Just as those surfaced, so did the Lamborghini. Upon its return, she deemed it ridable and headed off waving.
Queen Elizabeth, with the so-called palm up royal wave, has nothing on Miss Carrie's. Maybe the popularity of the two should be tested, side by side. Maybe not, for the winner, hands up, would be Miss Carrie.
Meanwhile, Miss Carrie wants to extend her thanks to everyone who was on the lookout for the bike and especially to the people who found it. Carrie believes that Jimmy (who wouldn't give his last name) was supposed to find it. That's because the bike was given to her after the death of her friend, Jim Kuhn, a benefactor of many causes here, especially ones that help children. Kuhn's mother, Jo Curtis, provided the money for the bike from Kuhn's estate.
We never underestimate Carrie Johnson's faith in people. It's written all over her face and in her signature saying, "Have a great day today and a better day all of your tomorrows."
We certainly will and you do, too.
No bill signing here for UF-St. Augustine transfer of historic properties
St. Augustine Mayor Joe Boles invited Gov. Charlie Crist to St. Augustine to sign the legislation officially transferring the state-leased historic properties from the city of St. Augustine to the University of Florida.
He envisioned the governor performing the signing in the courtyard of Government House or, on the same balcony from which Spanish King Juan Carlos spoke in 2001. It seemed the perfect setting and doable.
But, by the time Boles's letter got to Tallahassee, it was too late. A spokesman in Crist's office told The St. Augustine Record, the bills had been signed. Obviously they were done without the fanfare that Crist has reserved for some bills.
When told this by The Record, Boles was his usual optimistic self. "We still want to get him over here for something this summer," he said.
Meanwhile, July 1 starts the official transition of the state properties and likely the new landlord, UF President Bernie Machen, will make an official visit.
Unlike the recent melodrama with Gator basketball coach Billy Donovan, who changed his mind within hours of signing a contract with the NBA's Orlando Magic, Machen doesn't have to worry about the city changing its mind. The buildings will get state funds as educational buildings. The city had compete for grants.
Will the signs on the state buildings have any hint of UF's official orange and blue colors? Probably not because they're not in the city's color pallet for historic district signs.
City getting head start on big celebrations
St. Augustine City Commissioner George Gardner on Monday will talk to the commission about starting early on two key anniversary celebrations in:
2013 -- the 500th anniversary of the arrival of Ponce de Leon, Florida's first tourist.
2015 -- the 450th anniversary of the founding of St. Augustine by Pedro Menendez de Aviles.
Though these events are a few years out but it's not too early to get those costumes ready for the return of the glory days of St. Augustine's colorful 20th-century fiestas and Ponce de Leon celebrations. Get ready to party hardy. Click here to return to story:http://staugustine.com/stories/060907/opinions_4645579.shtml © The St. Augustine Record
Miss Carrie's wave is unmatched even by the Queen's.
When word circulated that Carrie Johnson, the voice of Lincolnville, had her tricycle stolen recently, one wondered how many friendly waves she would not be able to extend throughout St. Augustine?
Even people who do not know "Miss Carrie" know her wave. Usually it is accompanied by a booming hello to the passer-by.
Within hours of a story in The St. Augustine Record about the theft of her Lamborghini three-wheeler, offers had come in to start a new bike fund as well as a donation of a new bike outright. Just as those surfaced, so did the Lamborghini. Upon its return, she deemed it ridable and headed off waving.
Queen Elizabeth, with the so-called palm up royal wave, has nothing on Miss Carrie's. Maybe the popularity of the two should be tested, side by side. Maybe not, for the winner, hands up, would be Miss Carrie.
Meanwhile, Miss Carrie wants to extend her thanks to everyone who was on the lookout for the bike and especially to the people who found it. Carrie believes that Jimmy (who wouldn't give his last name) was supposed to find it. That's because the bike was given to her after the death of her friend, Jim Kuhn, a benefactor of many causes here, especially ones that help children. Kuhn's mother, Jo Curtis, provided the money for the bike from Kuhn's estate.
We never underestimate Carrie Johnson's faith in people. It's written all over her face and in her signature saying, "Have a great day today and a better day all of your tomorrows."
We certainly will and you do, too.
No bill signing here for UF-St. Augustine transfer of historic properties
St. Augustine Mayor Joe Boles invited Gov. Charlie Crist to St. Augustine to sign the legislation officially transferring the state-leased historic properties from the city of St. Augustine to the University of Florida.
He envisioned the governor performing the signing in the courtyard of Government House or, on the same balcony from which Spanish King Juan Carlos spoke in 2001. It seemed the perfect setting and doable.
But, by the time Boles's letter got to Tallahassee, it was too late. A spokesman in Crist's office told The St. Augustine Record, the bills had been signed. Obviously they were done without the fanfare that Crist has reserved for some bills.
When told this by The Record, Boles was his usual optimistic self. "We still want to get him over here for something this summer," he said.
Meanwhile, July 1 starts the official transition of the state properties and likely the new landlord, UF President Bernie Machen, will make an official visit.
Unlike the recent melodrama with Gator basketball coach Billy Donovan, who changed his mind within hours of signing a contract with the NBA's Orlando Magic, Machen doesn't have to worry about the city changing its mind. The buildings will get state funds as educational buildings. The city had compete for grants.
Will the signs on the state buildings have any hint of UF's official orange and blue colors? Probably not because they're not in the city's color pallet for historic district signs.
City getting head start on big celebrations
St. Augustine City Commissioner George Gardner on Monday will talk to the commission about starting early on two key anniversary celebrations in:
2013 -- the 500th anniversary of the arrival of Ponce de Leon, Florida's first tourist.
2015 -- the 450th anniversary of the founding of St. Augustine by Pedro Menendez de Aviles.
Though these events are a few years out but it's not too early to get those costumes ready for the return of the glory days of St. Augustine's colorful 20th-century fiestas and Ponce de Leon celebrations. Get ready to party hardy. Click here to return to story:http://staugustine.com/stories/060907/opinions_4645579.shtml © The St. Augustine Record
Governor Charlie Crist Avoids St. Augustine Bill-Signing -- Wonder Why?
As suggested by the St. Augustine Record editorial (above), Governor Crist avoided an opportunity to sign a bill -- and sing the WILLIAM B. HARRISS political machine and the mismanaged, misbegotten government of the City of St. Augustine's praises -- transferring historic properties to the University of Florida.
Maybe the Governor had other commitments.
Maybe he thinks the City of St. Augustine is run by unrepentant schnooks or crooks who need to be investigated rather than rewarded with Governor signing ceremonies.
Maybe Governor Crist avoids wasting gasoline and aviation fuel (unlike our City Commissioners, who have dozens of City-owned vehicles on the road, one person each, wasting fuel purchased through telephone quotes, while jetting to NYC, Spain, Germany and the Czech Republic together.
Maybe Governor Crist wants to see our City comply with transparency requirements on Sunshine and Open Records before coming here.
Maybe Governor Crist considers the current St. Augustine City government leaders an embarassment to the state government, particularly after our City government's numerous anti-environmental, anti-civil rights and anti-Gay actions (see below).
Who among us could blame Florida's Governor for being reluctant to sign legislation in and sing praises of a place that won't even discuss the proposed St. Augustine National Historical Park, National Seashore and National Scenic Highway (see below), while letting developers ruin our Nation's Oldest (European-founded) City with ugliness.
What do you reckon?
Maybe the Governor had other commitments.
Maybe he thinks the City of St. Augustine is run by unrepentant schnooks or crooks who need to be investigated rather than rewarded with Governor signing ceremonies.
Maybe Governor Crist avoids wasting gasoline and aviation fuel (unlike our City Commissioners, who have dozens of City-owned vehicles on the road, one person each, wasting fuel purchased through telephone quotes, while jetting to NYC, Spain, Germany and the Czech Republic together.
Maybe Governor Crist wants to see our City comply with transparency requirements on Sunshine and Open Records before coming here.
Maybe Governor Crist considers the current St. Augustine City government leaders an embarassment to the state government, particularly after our City government's numerous anti-environmental, anti-civil rights and anti-Gay actions (see below).
Who among us could blame Florida's Governor for being reluctant to sign legislation in and sing praises of a place that won't even discuss the proposed St. Augustine National Historical Park, National Seashore and National Scenic Highway (see below), while letting developers ruin our Nation's Oldest (European-founded) City with ugliness.
What do you reckon?
Friday, June 08, 2007
449 Days of Coverups on City of St. Augustine Dumping Entire Contents of Illegal Old City Dump Into Our Old City Reservoir
449 Days of Coverups on City of St. Augustine Dumping Entire Contents of Illegal Old City Dump Into Our Old City Reservoir
449 days ago, we first started asking then-Mayor GEORGE GARDNER of the City of St. Augustine and other Commissioners about our City's illegal dumping of the entire contents of the old city dump into the Old City Reservoir.
Now, 449 days later, the coverup continues, with now final DEP order, no criminal prosecution, and no answers to dozens of questions asked in private and in public meetings since February 24, 2006.
On that date, Mayor GARDNER told us it was only "clean fill.":
Of course, as EPA expert John Marler established, "there are no bedsprings in clean fill..
Nor is there any reason to believe that the government of the City of St. Augustine is any better prepared to protect environment, safety, health and the public fisc today than it was 449 days ago.
We need and deserve thorough reforms, including City Charter Amendments, now being drafted for inclusion on a future ballot, possibly as soon as January 29, 2008 (Florida's Presidential Primary Election).
What do y'all reckon?
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-471-7023
904-471-9918 (fax)
449 days ago, we first started asking then-Mayor GEORGE GARDNER of the City of St. Augustine and other Commissioners about our City's illegal dumping of the entire contents of the old city dump into the Old City Reservoir.
Now, 449 days later, the coverup continues, with now final DEP order, no criminal prosecution, and no answers to dozens of questions asked in private and in public meetings since February 24, 2006.
On that date, Mayor GARDNER told us it was only "clean fill.":
Of course, as EPA expert John Marler established, "there are no bedsprings in clean fill..
Nor is there any reason to believe that the government of the City of St. Augustine is any better prepared to protect environment, safety, health and the public fisc today than it was 449 days ago.
We need and deserve thorough reforms, including City Charter Amendments, now being drafted for inclusion on a future ballot, possibly as soon as January 29, 2008 (Florida's Presidential Primary Election).
What do y'all reckon?
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-471-7023
904-471-9918 (fax)
Thursday, June 07, 2007
ST. AUGUSTINE POLLUTION COVERUP CONTINUES: FDEP Admits it "Disposed of" Copies of Records on St. Augustine's Illegal Dumping, Delaying 8 Months
In Washington State, there are civil money penalties associated with violations of Open Records laws.
In Texas, there are criminal penalties associated with violations of Open Records laws.
Florida's Sunshine and Open Records laws need more powerful enforcement. .
In Florida, when you report illegal dumping by the ill-advised government of the Nation's Oldest City, expect a coverup by EPA and Florida's DEP ("Don't Expect Protection, "as DTQ says).
Request the records on the environmental crimes you reported? Expect long delays by FDEP, whose Ms. Erica Shawcross just told me she "disposed of" the copies we requested last fall, in October.
Ms. Shawcrosss works for Division of Law Enforcement legal counsel TRACEY HARTMAN.
HARTMAN never ruled on our fee request and claimed he was bringing it to the attention of his boss.
HARTMAN seeks to discourage public participation, actually telling me I could "save money" by going to Tallahassee to read documents (which originated here).
The public interest requires release of the documents, without fee-grabbing or rudeness by Mr. HARTMAN.
Disgruntled, ineffective, DEP bureaucrats won't prosecute St. Augustine's criminal pollution (30,000,000 pounds of illegal dumping into the Old City Reservoir). DEP refused to rule on a fee waiver, attempting to charge over $80 for documents on a botched criminal investigation.
DEP botched the investigation and wants to charge fees to read it. In the words of the great American diplomat Charles Cotesworth Pinckney, "not one cent for tribute."
We've reported FDEP's actions to the Governor's office.
In light of St. Augustine's illegal sewage dumping (see below), St. Augustine's illegal dumping of the entire contents of the old illegal city dump into the Old City Reservoir must be re-opened. In the name of transparency, DEP must place all of the requested documents on its website.
The least that demoralized and poorly-led DEP can do is waive any fees for the documents that Floridians paid to create in the first place -- documents on the complete refusal of DEP to prosecute the City of St. Augustine for putting enough contaminants in its Old City Reservoir to cover a football field to a depth of 11.2 feet (or fill in six Olympic-sized swimming pools to a depth of six feet).
What does DEP have to hide about its coverup?
Does DEP regret its coverup now that our city of St. Augustine has been caught negligently or recklessly dumping sewage (again, as it did in 2000)? Would the latest event have been prevented if St. Augustine actually feared DEP?
What will it take for the City of St. Augustine to respect our beautiful City, instead of despoiling it and besmirching its reputation?
Is the State of Florida afraid to prosecute past and present St. Augustine city officials due to political influence?
Who called in what favors from whom?
What is reflected in DEP's putative "investigation" about the City Manager, WILLIAM B. HARRISS, and his orders regarding the illegal dumping (conducted in violation of SJRWMD's oral and written instructions to the City not to dump without a permit?
How many more scapegoats will leave our City's employment before City Commissioners finally hold Mr. HARRISS responsible?
Wouldn't it be a fine time to start performance appraisals for Mr. HARRISS, who has not had one in over nine (9) years as City Manager?
You tell me. The truth will set us free.
Let's clean up the City of St. Augustine and get professional managers who respect our environmental and historic heritage in the Nation's Oldest City.
In Texas, there are criminal penalties associated with violations of Open Records laws.
Florida's Sunshine and Open Records laws need more powerful enforcement. .
In Florida, when you report illegal dumping by the ill-advised government of the Nation's Oldest City, expect a coverup by EPA and Florida's DEP ("Don't Expect Protection, "as DTQ says).
Request the records on the environmental crimes you reported? Expect long delays by FDEP, whose Ms. Erica Shawcross just told me she "disposed of" the copies we requested last fall, in October.
Ms. Shawcrosss works for Division of Law Enforcement legal counsel TRACEY HARTMAN.
HARTMAN never ruled on our fee request and claimed he was bringing it to the attention of his boss.
HARTMAN seeks to discourage public participation, actually telling me I could "save money" by going to Tallahassee to read documents (which originated here).
The public interest requires release of the documents, without fee-grabbing or rudeness by Mr. HARTMAN.
Disgruntled, ineffective, DEP bureaucrats won't prosecute St. Augustine's criminal pollution (30,000,000 pounds of illegal dumping into the Old City Reservoir). DEP refused to rule on a fee waiver, attempting to charge over $80 for documents on a botched criminal investigation.
DEP botched the investigation and wants to charge fees to read it. In the words of the great American diplomat Charles Cotesworth Pinckney, "not one cent for tribute."
We've reported FDEP's actions to the Governor's office.
In light of St. Augustine's illegal sewage dumping (see below), St. Augustine's illegal dumping of the entire contents of the old illegal city dump into the Old City Reservoir must be re-opened. In the name of transparency, DEP must place all of the requested documents on its website.
The least that demoralized and poorly-led DEP can do is waive any fees for the documents that Floridians paid to create in the first place -- documents on the complete refusal of DEP to prosecute the City of St. Augustine for putting enough contaminants in its Old City Reservoir to cover a football field to a depth of 11.2 feet (or fill in six Olympic-sized swimming pools to a depth of six feet).
What does DEP have to hide about its coverup?
Does DEP regret its coverup now that our city of St. Augustine has been caught negligently or recklessly dumping sewage (again, as it did in 2000)? Would the latest event have been prevented if St. Augustine actually feared DEP?
What will it take for the City of St. Augustine to respect our beautiful City, instead of despoiling it and besmirching its reputation?
Is the State of Florida afraid to prosecute past and present St. Augustine city officials due to political influence?
Who called in what favors from whom?
What is reflected in DEP's putative "investigation" about the City Manager, WILLIAM B. HARRISS, and his orders regarding the illegal dumping (conducted in violation of SJRWMD's oral and written instructions to the City not to dump without a permit?
How many more scapegoats will leave our City's employment before City Commissioners finally hold Mr. HARRISS responsible?
Wouldn't it be a fine time to start performance appraisals for Mr. HARRISS, who has not had one in over nine (9) years as City Manager?
You tell me. The truth will set us free.
Let's clean up the City of St. Augustine and get professional managers who respect our environmental and historic heritage in the Nation's Oldest City.
Yes, You Can Fight City Hall -- 2nd Anniversary of Firzt Amendment Victory Against City of St. Augustine
Happy anniversary, Rev. Ruth Jensen and St. Augustine Pride Committee.
Two years ago today, our Nation's Oldest City government lost another civil rights case.
Our City violated the rights of local Gay and Lesbian activists, who won the right to fly Rainbow flags for Gay Pride. The only group our Nation's Oldest City government ever turned down was the St. Augustine Pride Committee. Thrice City Manager WILLIAM B. HARRISS turned down the Committee in 2003, 2004 and 2005. In 2005, City Commissioners voted on the issue, upholding HARRISS, violating the First Amendment.
At about this time of day on June 7, 2005, United States District Judge Henry Lee Adams, Jr. skewered the City's pretexts, ordering the flags to fly from June 8-13, 2005. On June 13, 2007, Commissioners GEORGE GARDNER (then-Mayor), DONALD CRICHLOW and ERROL JONES voted to ban all but government-flagflying on our Bridge of Lions (BOL).
Our current Mayor, JOE BOLES, voted twice against bigotry, once on May 23, 2005 and once again on June 13, 2005. Commissioner SUSAN BURK voted once against First Amendment violations and bigotry, missing the June 13, 2005 meeting.
Diversity and environmental protection will defeat bigotry, mendacity and environmental depredations. To those naysayers who say, "you can't fight City Hall," please see photo above.
Two years ago today, our Nation's Oldest City government lost another civil rights case.
Our City violated the rights of local Gay and Lesbian activists, who won the right to fly Rainbow flags for Gay Pride. The only group our Nation's Oldest City government ever turned down was the St. Augustine Pride Committee. Thrice City Manager WILLIAM B. HARRISS turned down the Committee in 2003, 2004 and 2005. In 2005, City Commissioners voted on the issue, upholding HARRISS, violating the First Amendment.
At about this time of day on June 7, 2005, United States District Judge Henry Lee Adams, Jr. skewered the City's pretexts, ordering the flags to fly from June 8-13, 2005. On June 13, 2007, Commissioners GEORGE GARDNER (then-Mayor), DONALD CRICHLOW and ERROL JONES voted to ban all but government-flagflying on our Bridge of Lions (BOL).
Our current Mayor, JOE BOLES, voted twice against bigotry, once on May 23, 2005 and once again on June 13, 2005. Commissioner SUSAN BURK voted once against First Amendment violations and bigotry, missing the June 13, 2005 meeting.
Diversity and environmental protection will defeat bigotry, mendacity and environmental depredations. To those naysayers who say, "you can't fight City Hall," please see photo above.
One picture is worth 1000 words.
Another City of St. Augustinen Sewage Spill in the year 2000
Web posted Saturday, September 9, 2000 (St. Augustine Record)
Rupture at city sewer plant causes alert
From Staff
An early morning rupture of a 20-inch sewer line at the Riberia Street Sewage Treatment Plant has caused City of St. Augustine officials, the state's Department of Environmental Protection and the St. Johns County Health Department to issue an alert regarding possible contamination of waters in the marsh area on the extreme south end of Riberia Street.The rupture has caused some effluent to flow into the marsh area near the plant with some possible seepage into the Intracoastal waterway.City Utilities Director John Regan and officials of DEP and the Health Department are closely monitoring the situation and are collecting samples for ongoing analysis and tests.As a precaution, the area immediately adjacent to the Wastewater Treatment Plant will be posted with "No Swimming, No Fishing and No Drinking the Water'' signs.The flow of sewage was stopped quickly and the complete clean-up of the area was expected to be completed by early Friday evening.
Rupture at city sewer plant causes alert
From Staff
An early morning rupture of a 20-inch sewer line at the Riberia Street Sewage Treatment Plant has caused City of St. Augustine officials, the state's Department of Environmental Protection and the St. Johns County Health Department to issue an alert regarding possible contamination of waters in the marsh area on the extreme south end of Riberia Street.The rupture has caused some effluent to flow into the marsh area near the plant with some possible seepage into the Intracoastal waterway.City Utilities Director John Regan and officials of DEP and the Health Department are closely monitoring the situation and are collecting samples for ongoing analysis and tests.As a precaution, the area immediately adjacent to the Wastewater Treatment Plant will be posted with "No Swimming, No Fishing and No Drinking the Water'' signs.The flow of sewage was stopped quickly and the complete clean-up of the area was expected to be completed by early Friday evening.
Yet Another Overt Act of Illegal Dumping by The City Governnment of St. Augustine, Florida
Penalty for spilled sewage released todayKATI BEXLEYkati.bexley@staugustinerecord.com Publication Date: 06/06/07
St. Augustine will find out today if the state levied fines for a ruptured sewer line that spewed 76,000 gallons of sewage into a downtown street and the San Sebastian River.
Florida Department of Environmental Protection expects results today of samples taken from the San Sebastian River, said Jill Johnson, Environmental Protection spokeswoman. The department will then follow up with enforcement, which could mean fines.
Progressive Contractors, Inc., broke the sewer line on May 30 while trying to install a new line, said John Regan, city chief operations officer.
If there is a fine for the action, it would go to the city. The contractor would then pay the city.
The sewage streamed onto Orange Street between U.S. 1 north and Riberia Street and also went into storm drains on that lead to the San Sebastian River. It is unknown exactly how much reached the water, Regan said.
Orange Street is still closed for construction of the new sewage line.
Johnson said the city contacted Environmental Protection the following day and followed its protocol. That included posting signs along the river warning residents of the incident.
The city also reported the spill to the State Warning Point, which then alerts the county health department, among other agencies, Johnson said.Click here to return to story:http://staugustine.com/stories/060607/news_4637069.shtml © The St. Augustine Record
St. Augustine will find out today if the state levied fines for a ruptured sewer line that spewed 76,000 gallons of sewage into a downtown street and the San Sebastian River.
Florida Department of Environmental Protection expects results today of samples taken from the San Sebastian River, said Jill Johnson, Environmental Protection spokeswoman. The department will then follow up with enforcement, which could mean fines.
Progressive Contractors, Inc., broke the sewer line on May 30 while trying to install a new line, said John Regan, city chief operations officer.
If there is a fine for the action, it would go to the city. The contractor would then pay the city.
The sewage streamed onto Orange Street between U.S. 1 north and Riberia Street and also went into storm drains on that lead to the San Sebastian River. It is unknown exactly how much reached the water, Regan said.
Orange Street is still closed for construction of the new sewage line.
Johnson said the city contacted Environmental Protection the following day and followed its protocol. That included posting signs along the river warning residents of the incident.
The city also reported the spill to the State Warning Point, which then alerts the county health department, among other agencies, Johnson said.Click here to return to story:http://staugustine.com/stories/060607/news_4637069.shtml © The St. Augustine Record
Jones blasts St. Augustine, City Manager for Negligence Regarding Lightner Roof "Waterfall"
Lightner Museum set to reopen todayKATI BEXLEYkati.bexley@staugustine.comPublication Date: 06/05/07
Chris Koons received a "traumatic" call at 6 a.m. Saturday and has been cleaning the St. Augustine Lightner Museum ever since.
"When I saw the water, I thought, 'incredible,' " said Koons, the weekend manager, of the waterfall cascading down the museum's walls and over exhibits during Saturday's rain storm.
The museum's roof was being repaired, and water poured into the museum Saturday, causing massive flooding.
Museum director Bob Harper said he's not going to point fingers at who's accountable -- either the roofing contractor or the city.
City Commissioner Errol Jones was willing to point fingers, though, and they go toward the city. It's to blame for its failure to fix the roof for at least three years because it didn't have the money, he said.
In the past, Jones had tried unsuccessfully to gain support from the four other commissioners to raise the millage rate, or taxes, to maintain its historic buildings.
"We praise ourselves for not raising taxes in years, but we have to face up to reality," he said. "It's nothing to be proud of in light of the things we've neglected to take care.
"The city is doing the best we can with what we've got. But we can't keep saying, 'I think we can live off the same amount we had last year.' "
Tim Burchfield, city chief administrative officer, said St. Augustine's millage rate hasn't been raised in 10 years, and it's dropped six times during that decade. He said the Lightner building's entire roof should be replaced, but that would cost more than $2 million. Instead, the city replaces and repairs sections of the roof as money comes in.
This is the second phase of the Lightner Museum's roof repair, which together is more than $100,000, Burchfield said.
"We just don't have money laying around to replace the (entire Lightner building's) roof," Burchfield said. "We can't afford that."
Jones said that's an excuse.
"When you say, 'We don't have enough money,' you should then say, 'So, what are we going to do about it?' " he said.
The city has already lost to other projects for state and federal grants to replace the roof, Jones said. He said the city now must look at next year's budget to see if there's a way to get the money.
City Manager Bill Harriss, who oversees the budget process, was out of town Monday and not available for comment.
City staff is sifting through details to determine who is at fault for the Lightner Museum flood. Contractor McCurdy-Walden, of Jacksonville, has already had its insurance company contact the city, Burchfield said.
McCurdy-Walden did not return calls for comment.
Koons, museum weekend manager and weekday volunteer, worked with six other volunteers on Monday to ready the building to reopen today.
"This museum is such a treasure," she said. "The building itself is a treasure. We have to take care of it."Click here to return to story:http://staugustine.com/stories/060507/news_4637077.shtml © The St. Augustine Record
Chris Koons received a "traumatic" call at 6 a.m. Saturday and has been cleaning the St. Augustine Lightner Museum ever since.
"When I saw the water, I thought, 'incredible,' " said Koons, the weekend manager, of the waterfall cascading down the museum's walls and over exhibits during Saturday's rain storm.
The museum's roof was being repaired, and water poured into the museum Saturday, causing massive flooding.
Museum director Bob Harper said he's not going to point fingers at who's accountable -- either the roofing contractor or the city.
City Commissioner Errol Jones was willing to point fingers, though, and they go toward the city. It's to blame for its failure to fix the roof for at least three years because it didn't have the money, he said.
In the past, Jones had tried unsuccessfully to gain support from the four other commissioners to raise the millage rate, or taxes, to maintain its historic buildings.
"We praise ourselves for not raising taxes in years, but we have to face up to reality," he said. "It's nothing to be proud of in light of the things we've neglected to take care.
"The city is doing the best we can with what we've got. But we can't keep saying, 'I think we can live off the same amount we had last year.' "
Tim Burchfield, city chief administrative officer, said St. Augustine's millage rate hasn't been raised in 10 years, and it's dropped six times during that decade. He said the Lightner building's entire roof should be replaced, but that would cost more than $2 million. Instead, the city replaces and repairs sections of the roof as money comes in.
This is the second phase of the Lightner Museum's roof repair, which together is more than $100,000, Burchfield said.
"We just don't have money laying around to replace the (entire Lightner building's) roof," Burchfield said. "We can't afford that."
Jones said that's an excuse.
"When you say, 'We don't have enough money,' you should then say, 'So, what are we going to do about it?' " he said.
The city has already lost to other projects for state and federal grants to replace the roof, Jones said. He said the city now must look at next year's budget to see if there's a way to get the money.
City Manager Bill Harriss, who oversees the budget process, was out of town Monday and not available for comment.
City staff is sifting through details to determine who is at fault for the Lightner Museum flood. Contractor McCurdy-Walden, of Jacksonville, has already had its insurance company contact the city, Burchfield said.
McCurdy-Walden did not return calls for comment.
Koons, museum weekend manager and weekday volunteer, worked with six other volunteers on Monday to ready the building to reopen today.
"This museum is such a treasure," she said. "The building itself is a treasure. We have to take care of it."Click here to return to story:http://staugustine.com/stories/060507/news_4637077.shtml © The St. Augustine Record
Editorial: Lightner deserves more than patches for its roof
Editorial: Lightner deserves more than patches for its roof Publication Date: 06/06/07
The Lightner Museum -- Florida's Smithsonian -- gushed with water Saturday morning as heavy rains connected with Tropical Storm Barry arrived in our area. To the credit of volunteers, paid museum staff, contracted professional cleaners, the city's own staff and the roofing company, the museum reopened Tuesday. The people involved literally worked around the clock cleaning up the venerable museum and its artifacts.
"The city literally bailed us out," said Bob Harper, the museum's director, of the city's own staff who arrived in the wee hours with all kinds of equipment.
The museum was fortunate. Barry Myers, the museum's curator, got the first call around 4 a.m. that the museum's burglar alarm was going off. Arriving expecting to find a faulty alarm, Myers instead found a waterfall. He swung into action. "Had not the burglar alarm gone off, it would have been worse because no one would have arrived until 8 a.m.," Harper said.
A portion of the roof was in the process of being repaired but Harper is not pointing blame at anyone. Any claim against the roof contractor or his insurance company will be made by the City Commission pending the city's determination of the cause of Saturday's incident and damage reports from the city and the museum about the building and the collections.
The terra cotta tile roof overall is badly in need of repair. Harper said City Manager Bill Harriss has been on top of repairs from the get go. But because of funding priorities, the roof repair has been piecemeal as money becomes available. It would take an estimated $2 million to replace it all.
The city has many infrastructure needs including projects and city services. Each must get in line on the priority list. City Commissioner Errol Jones has championed more taxes to maintain historic buildings. He is critical of the city's failure to fix the roof for at least the past three years. He said he's tried to get the rest of the commission on his side but it has not happened.
The St. Augustine City Commission should look at moving up the roof project on its priority list to get it done. In doing so, it needs to determine what other projects or services can move down the list and the impact of a proposed property tax cut from the state on its overall future spending. That will be tough.
But the Lightner Museum-City Hall building -- one of the city's 19th-century Henry Flagler-built treasures -- deserves extra points on the city's priority list, not just for preservation but for its historic tourism draw, the city's economic backbone. Click here to return to story:http://staugustine.com/stories/060607/opinions_4639064.shtml © The St. Augustine Record
The Lightner Museum -- Florida's Smithsonian -- gushed with water Saturday morning as heavy rains connected with Tropical Storm Barry arrived in our area. To the credit of volunteers, paid museum staff, contracted professional cleaners, the city's own staff and the roofing company, the museum reopened Tuesday. The people involved literally worked around the clock cleaning up the venerable museum and its artifacts.
"The city literally bailed us out," said Bob Harper, the museum's director, of the city's own staff who arrived in the wee hours with all kinds of equipment.
The museum was fortunate. Barry Myers, the museum's curator, got the first call around 4 a.m. that the museum's burglar alarm was going off. Arriving expecting to find a faulty alarm, Myers instead found a waterfall. He swung into action. "Had not the burglar alarm gone off, it would have been worse because no one would have arrived until 8 a.m.," Harper said.
A portion of the roof was in the process of being repaired but Harper is not pointing blame at anyone. Any claim against the roof contractor or his insurance company will be made by the City Commission pending the city's determination of the cause of Saturday's incident and damage reports from the city and the museum about the building and the collections.
The terra cotta tile roof overall is badly in need of repair. Harper said City Manager Bill Harriss has been on top of repairs from the get go. But because of funding priorities, the roof repair has been piecemeal as money becomes available. It would take an estimated $2 million to replace it all.
The city has many infrastructure needs including projects and city services. Each must get in line on the priority list. City Commissioner Errol Jones has championed more taxes to maintain historic buildings. He is critical of the city's failure to fix the roof for at least the past three years. He said he's tried to get the rest of the commission on his side but it has not happened.
The St. Augustine City Commission should look at moving up the roof project on its priority list to get it done. In doing so, it needs to determine what other projects or services can move down the list and the impact of a proposed property tax cut from the state on its overall future spending. That will be tough.
But the Lightner Museum-City Hall building -- one of the city's 19th-century Henry Flagler-built treasures -- deserves extra points on the city's priority list, not just for preservation but for its historic tourism draw, the city's economic backbone. Click here to return to story:http://staugustine.com/stories/060607/opinions_4639064.shtml © The St. Augustine Record
2006: City knew of leaking roof dangers, delayed repairs again
City delves into savings to fix roofBy PETER GUINTAPublication Date: 04/11/06
Told that pots and pans are catching the water leaking into the Lightner Museum's fourth floor, St. Augustine City Commission on Monday night broke into its piggy bank to pay for overdue City Hall roof repairs.
Mayor George Gardner said City Hall's entire roof needs to be fixed -- at a total cost of $1 million.
But most urgently, the flat part of the mostly mansard roof over the Lightner Museum is leaking right now, with a supposedly active rainy season on the way.
Repairs will cost $50,000.
"We don't have that full amount in our current budget," Gardner said. "But we can tap into reserves and get that taken care of. This is an urgent thing. Decay and rot is continuing."
Commissioner Joe Boles called the building a "treasure" and explained that the city owns the City Hall building and the museum leases space from the city.
"If we can prevent additional damage to the structure, we've got to do it," Boles said.
City Manager Bill Harriss said the city is obligated to fix any structural deficiencies that occur to the building.
"We've got roof repair budgeted for next year, but it's a need right now," Harriss said. "A flat roof is not an easy roof to maintain."
The Lightner Museum is holding up its fourth floor projects until the leaks can be stopped, he said.
Gardner said the city had applied for state grants, but didn't get any this year. The commission was unified in believing it would be unwise to wait until next year's grant cycle.
Vice Mayor Susan Burk said, "The rain is coming in. We've got to stop it."
Garner made the motion to approve the transfer of $50,000 from the general fund reserves into the repair account.
It passed 5-0.
Commissioner Errol Jones, who had previously warned the City Commission about the need to budget for this eventuality, said, "I can't resist saying it, but I told you so. We can't be horsing around. The whole roof needs to be replaced."Click here to return to story:http://staugustine.com/stories/041106/news_3762228.shtml © The St. Augustine Record
Told that pots and pans are catching the water leaking into the Lightner Museum's fourth floor, St. Augustine City Commission on Monday night broke into its piggy bank to pay for overdue City Hall roof repairs.
Mayor George Gardner said City Hall's entire roof needs to be fixed -- at a total cost of $1 million.
But most urgently, the flat part of the mostly mansard roof over the Lightner Museum is leaking right now, with a supposedly active rainy season on the way.
Repairs will cost $50,000.
"We don't have that full amount in our current budget," Gardner said. "But we can tap into reserves and get that taken care of. This is an urgent thing. Decay and rot is continuing."
Commissioner Joe Boles called the building a "treasure" and explained that the city owns the City Hall building and the museum leases space from the city.
"If we can prevent additional damage to the structure, we've got to do it," Boles said.
City Manager Bill Harriss said the city is obligated to fix any structural deficiencies that occur to the building.
"We've got roof repair budgeted for next year, but it's a need right now," Harriss said. "A flat roof is not an easy roof to maintain."
The Lightner Museum is holding up its fourth floor projects until the leaks can be stopped, he said.
Gardner said the city had applied for state grants, but didn't get any this year. The commission was unified in believing it would be unwise to wait until next year's grant cycle.
Vice Mayor Susan Burk said, "The rain is coming in. We've got to stop it."
Garner made the motion to approve the transfer of $50,000 from the general fund reserves into the repair account.
It passed 5-0.
Commissioner Errol Jones, who had previously warned the City Commission about the need to budget for this eventuality, said, "I can't resist saying it, but I told you so. We can't be horsing around. The whole roof needs to be replaced."Click here to return to story:http://staugustine.com/stories/041106/news_3762228.shtml © The St. Augustine Record
Sunday, June 03, 2007
Corruption Has Its Consequences in the Nation's ODDEST City?
Our Nation's Oldest City government is badly mismanaged.
When WILLIAM B. HARRIS, our City Manager's nephew, was in charge of grant-seeking. our City missed the boat on applying for a $1,000,000 grant to fix the Lightner Museum roof (also the building where City Hall is located).
The Lightner Museum is a national treasure, sometimes called the "Smithsonian of the South."
Those who run our dictatorial City government have only their own waste, fraud and abuse to explain.
In many respects, the mismanaged government of our Nation's Oldest City makes us a laughingstock, the Nation's Oddest City: A most-empty, ugly $22 million parking garage White Elephant (with no video cameras); destruction of wetlands, trees and wildlife; domination of City government by unthinking "developers" who are destroying Our Nation's Oldest City; habitual Sunshine violations (including $8100 junket to NYC); Open Records violations; crony purchasing practices, including buying gasoline based on phone quotes and buying with 400 blanket purchase orders; allowing City Manager WILLIAM B. HARRISS to spend up to $500,000 on his own say-so; a $1 million boondoggle converting a firehouse into a utility bill-paying building; discriminating against Gays and Lesbians on Bridge of Lions Pride Flags (resulting in a federal court victory for the First Amendment); ten years of effort in kicking the artists and entertainers off St. George Street; and taking the entire contents of the old illegal city dump into our Old City Reservoir (projected cleanup cost of over $1 million).
Thus far, three men have left City government as scapegoats for HARRISS' dumping the entire contents of the old city dump into the Old City Reservoir. HARRISS & Co. are still not being held accountable, either by City Commissioners or controversial State's Attorney John Tanner.
On April 13, City Manager for-life WILLIAM B. HARRISS celebrated the 9th anniversary of his coronation. HARRISS has never had a performance appraisal. In the midst of a pending criminal investigation last year, amid supercilious and shallow comments, our tatterdemalion City Commissioners actually gave HARRISS public praise, blasted his critics, publicly giving him a plaque, thereby discouraging City employees from blowing the whistle.
Obstruction of justice?
June 17, 2007 is the 35th anniversary of the Watergate breakin. Will HARRISS and his henchmen celebrate by laughing about their Lightner Museum Waterfall and the aspersions someone gave about buying from low bidders? (see below). The real problem is apparently that our City delayed so long in fixing the roof -- not the contractor who reportedly arrived on the job last week.
Notice the hierarchical, authoritian nature of those for who never accept responsibility for their actions. Our City blames subordinates for decisions by oligarchs, with now apparently blaming a contractor for its own failure to apply for a $1 million roof-fixing grant on time.
June 14, 2007 is our next City Commission meeting, at 5 PM in the Lightner Museum's Alcazar Room (1st Floor). Will HARRISS resign?
Will he be asked to explain his actions under oath? Will the camera even turn to him?
Ms. Cathy DuPont, the Neighborhood Council coordinator who runs the camera, never shows HARRISS' face, even when he smirks and laughs at public participation. HARRISS is an off-camera voice.
So will HARRISS resign, whether on or off camera? Or will St. Augustine City Commissioners, accustomed to getting favors, give him another atta-boy award for the Lightner Museum debacle, smirking lord of all he surveys?
What do y'all reckon?
'Waterfall' wreaks havoc at Lightner
'Waterfall' wreaks havoc at Lightner
Second, third and fourth floors of museum sustain ceiling leaks
TIFFANY PAKKALA
tiffany.pakkala@staugustine.com
Publication Date: 06/03/07
Picture-perfect displays became a picture of disaster early Saturday when a massive section of the St. Augustine Lightner Museum's roof leaked.
Curator Barry Myers said he arrived just after 4 a.m. to find "a waterfall" gushing into the museum's Victorian Village, which is on the first floor.
The second, third and fourth floors also had leaks staining the ceilings and dripping onto the floors and artifacts.
Leaks are nothing new in the 1887 building, but Myers said Saturday's damages were the worst he's seen in his 18 years with the museum.
He said a roofing crew hired by the City of St. Augustine, which is responsible for the upkeep of the museum's exterior, had been working on the roof during the week. He suspected the damages would not have been so bad if the roofers had been better prepared for the storm.
"I wish (the City) hadn't gone with the lowest bidder. You get what you pay for," Myers said.
City Manager Bill Harriss said he couldn't speculate whether the roofers were negligent.
"I don't know what the deal was, if the contractors were deficient, if it was an act of God. We'll need to figure that out," he said.
The city just recently repaired the roof over the museum's pool section. Now it's working to repair the main roof, Harriss said, adding that the tough part is getting the funding to do it.
None of Saturday's rainstorms damaged the museum's artifacts beyond repair, but several water-logged ceiling tiles had to be removed.
Later in the day, when the museum would normally be busy with visitors, the hallways were instead crowded with industrial-sized fans. The majestic Francis the First statue, which is made of wood, was draped in protective plastic tarp. And the 17th century Cimon and Pera, the museum's oldest painting, was taken down, placed on the floor of another room while the wall dried.
Myers, who found out about the leaks when police notified him the museum's alarm was going off, said he was worried most about a $10,000 "shimmer" piece. The 19th century seashell sculpture, which is encased in glass, was directly below the gushing water when the curator came into the museum.
He removed the piece and stowed it away in his office. Soon, every corner of his office was crowded with pieces he feared would be damaged either by the water or the repair crews.
Within hours of finding the damages, Myers had assembled five museum employees, four city employees, four roofers, an electrician and seven repairmen from Mandarin's Servpro. Museum director Robert Harper was out of town, but he was in constant communication by telephone. The group worked throughout the day to dry the drenched museum and clean up the mess the leaks caused.
The museum was closed all day, and it's expected to be closed today as repairs continue. Myers said he hopes it can reopen by Monday, but he's unsure whether that will be possible.
He said he hopes the damages will make the public aware of how dire the museum's need for roof repairs is. He pointed out longtime water stains on the ceilings, buckets permanently used to catch water in storage areas, and sections of plaster peeling from the walls due to water damage.
Pam Haney, a merchant who runs the building's downstairs Forget-Me-Not Antiques shop, said merchants also deal with the problem.
"We're constantly mopping and putting out buckets so people don't get hurt," she said.
A longtime St. Augustine resident whose family has lived in the city for several generations, she said she worries most about the Lightner Museum and its artifacts.
"This is a part of our heritage. We love it, and this (damage) breaks our hearts. You can't replace any of it," she said.
Myers said he understands that it's a "huge undertaking" to replace the museum's clay tile roof, but he said it's been a long time coming.
"This has been a problem for so long, and it's been ignored too long." Click here to return to story:http://staugustine.com/stories/060307/news_4633602.shtml © The St. Augustine Record
Second, third and fourth floors of museum sustain ceiling leaks
TIFFANY PAKKALA
tiffany.pakkala@staugustine.com
Publication Date: 06/03/07
Picture-perfect displays became a picture of disaster early Saturday when a massive section of the St. Augustine Lightner Museum's roof leaked.
Curator Barry Myers said he arrived just after 4 a.m. to find "a waterfall" gushing into the museum's Victorian Village, which is on the first floor.
The second, third and fourth floors also had leaks staining the ceilings and dripping onto the floors and artifacts.
Leaks are nothing new in the 1887 building, but Myers said Saturday's damages were the worst he's seen in his 18 years with the museum.
He said a roofing crew hired by the City of St. Augustine, which is responsible for the upkeep of the museum's exterior, had been working on the roof during the week. He suspected the damages would not have been so bad if the roofers had been better prepared for the storm.
"I wish (the City) hadn't gone with the lowest bidder. You get what you pay for," Myers said.
City Manager Bill Harriss said he couldn't speculate whether the roofers were negligent.
"I don't know what the deal was, if the contractors were deficient, if it was an act of God. We'll need to figure that out," he said.
The city just recently repaired the roof over the museum's pool section. Now it's working to repair the main roof, Harriss said, adding that the tough part is getting the funding to do it.
None of Saturday's rainstorms damaged the museum's artifacts beyond repair, but several water-logged ceiling tiles had to be removed.
Later in the day, when the museum would normally be busy with visitors, the hallways were instead crowded with industrial-sized fans. The majestic Francis the First statue, which is made of wood, was draped in protective plastic tarp. And the 17th century Cimon and Pera, the museum's oldest painting, was taken down, placed on the floor of another room while the wall dried.
Myers, who found out about the leaks when police notified him the museum's alarm was going off, said he was worried most about a $10,000 "shimmer" piece. The 19th century seashell sculpture, which is encased in glass, was directly below the gushing water when the curator came into the museum.
He removed the piece and stowed it away in his office. Soon, every corner of his office was crowded with pieces he feared would be damaged either by the water or the repair crews.
Within hours of finding the damages, Myers had assembled five museum employees, four city employees, four roofers, an electrician and seven repairmen from Mandarin's Servpro. Museum director Robert Harper was out of town, but he was in constant communication by telephone. The group worked throughout the day to dry the drenched museum and clean up the mess the leaks caused.
The museum was closed all day, and it's expected to be closed today as repairs continue. Myers said he hopes it can reopen by Monday, but he's unsure whether that will be possible.
He said he hopes the damages will make the public aware of how dire the museum's need for roof repairs is. He pointed out longtime water stains on the ceilings, buckets permanently used to catch water in storage areas, and sections of plaster peeling from the walls due to water damage.
Pam Haney, a merchant who runs the building's downstairs Forget-Me-Not Antiques shop, said merchants also deal with the problem.
"We're constantly mopping and putting out buckets so people don't get hurt," she said.
A longtime St. Augustine resident whose family has lived in the city for several generations, she said she worries most about the Lightner Museum and its artifacts.
"This is a part of our heritage. We love it, and this (damage) breaks our hearts. You can't replace any of it," she said.
Myers said he understands that it's a "huge undertaking" to replace the museum's clay tile roof, but he said it's been a long time coming.
"This has been a problem for so long, and it's been ignored too long." Click here to return to story:http://staugustine.com/stories/060307/news_4633602.shtml © The St. Augustine Record
They Will Say and Do Anything But That Means They Won't Let Anyone Else Say or Do Anything
Our City government officials will "say and do anything," my friend J.D. Pleasant says, but "that doesn't mean that they will let anyone else say and do anything." See below, regarding Nation's Oldest City's efforts to gag free speech, even including the Mayor's own mother. Enough. Let freedom ring.