ACCURATE CHRONOLOGY: MAYOR BOLES ABUSED THREATS OF ARREST TO CHILL FREE SPEECH RIGHTS ON ILLEGAL DUMPING BY CITY MANAGER WILLIAM BRUCE HARRISS
2000-2005
■ EPA holds public hearings in St. Augustine before approving cleanup of old coal-to-gas plant at location planned for Sebastian Inner Harbor.
■ AKERMAN SENTERFITT lawyer WILLIAM L. PENCE represents the CITY OF ST. AUGUSTINE as its environmental counsel and is at all times since available to answer questions by City officials on environmental issues..
■ PENCE, asserts that the cleanup of the Sebastian Inner Harbor Project was “successful.”
http://proceedings.swix.ws/2005_10_09_Brownfields/content/pdf/Pence.pdf
September 27, 2005
City Manager WILLIAM BRUCE HARRISS, signed $200,000 contract for hauling for Riberia Street site, without any City Commission approval sought or required.
December 9, 2005
St. Johns River Water Management District (SJRWMD) biologist, at the Old City Reservoir site, tells CITY OF ST. AUGUSTINE officials not to dump without permit. City starts illegal dumping the next day, without ever calling lawyer PENCE at AKERMAN SENTERFITT..
December 10, 2005
Illegal dumping of some 60,000,000 pounds of contaminants – including arsenic, thallium and vinyl chloride – begins in the Old City Reservoir, in secrecy, without public notice.
January 9, 2006
■ Certified letter from FDEP responds to permit application, tells St. Augustine not to dump without a permit.
■ Illegal dumping continues in Old City Reservoir.
February 17, 2006
■ Illegal dumping reported to National Response Center in Washington, D.C.. (Report 788280)
■ Illegal dumping continues in Old City Reservoir.
February 24, 2006
■ Mayor GEORGE GARDNER defends illegal dumping, says it’s only “clean fill.”
■ “There are no bedsprings in clean fill” as EPA expert John Marler explains.
■ Former EPA Region 4 Regional Administrator John Henry Hankinson states that the coquina pit lake where the illegal dumping took place is an “open sore going straight down to the aquifer and the groundwater.”
■ City Public Affairs Director Paul Williamson claims that the City’s $30,000 document camera/podium will be unavailable to members of the public February 27 to show any documents or videos.
■ City Manager HARRISS, when asked about whether he had permit, responds: “I’ll get one.“ He never does. Illegal dumping continues in Old City Reservoir.
February 27, 2006
■ Assistant City Manager JOHN REGAN, P.E. tells Ed Slavin that “because of what you [Slavin] have done, it will be a long process.” Ed Slavin tells REGAN that it is the City, not him that did the polluting.
■ REGAN twice asks Ed Slavin for copy of DVD provided to Federal and State environmental crimes investigators.
■ Ed Slavin declines to provide DVD to REGAN, based upon request from Federal and State criminal investigators.
■ REGAN asserts to Ed Slavin that the CITY OF ST. AUGUSTINE was “in a hurry” to finish wetland remediation in order to begin the Sebastian Inner Harbor Project.
■ REGAN sends E-mail to CITY OF ST. AUGUSTINE PUBLIC AFFAIRS MANAGER PAUL WILLIAMSON, inter alia using pejoratives about questions being asked on Respondent COSA’s illegal dumping in Old City Reservoir:
"Suggested RESPONSE: 'Your request for information has been forwarded to the City Attorney for response.' THE END. - And do not respond to anymore (sic) of his E- mails unless the above is the response.' Any further attempt to 'answer' any of his outlandish (sic) and absurd (sic) questions and accusations only serves to fuel his misguided (sic) filibustering (sic) and empty (sic) threats (sic). He has nothing (sic) else (sic) to do with his life and his only (sic) 'contact' with the outside world is through emails (sic). Suggest allowing Wilson to "handle" the responses.
JR
■ Mayor GEORGE GARDENER publicly promises “answers” to Ed Slavin’s questions. None provided yet.
■ Illegal dumping continues in Old City Reservoir.
March 1, 2006
■ Illegal dumping continues in Old City Reservoir two (2) days later – FDEP’s Brian Durden photographs illegal dumping after criminal investigators arrive.
■ In the presence of AKERMAN SENTERFITT partner WILLIAM PENCE, Esquire, then-CITY OF ST. AUGUSTINE Public Works Director WILLIAM LEETCH and other CITY employees told EPA and FDEP criminal investigators that mainly clean materials were dumped at the Old City Reservoir and only 80 cubic yards of “unsuitable” material were dumped. (PX-12). This information was not accurate.
March 13, 2006
■ Then-Commissioner (now Mayor) JOSEPH LESTER BOLES, JR. says he is “tired” of people “trashing” City Manager WILLIAM BRUCE HARRISS, which Vice Mayor and Commissioner SUSAN BURK says is only by “one (sic) disgruntled (sic) citizen” raising concerns about illegal dumping.
■ All five City Commissioners vote unanimously to give HARRISS an honor (a plaque) and vote to express their “confidence” in HARRISS, in he midst of a pending criminal investigation by EPA and FDEP.
March 27, 2006
Taxpayer-purchased plaque publicly presented to HARRISS by all five City Commissioners, lavishing praise. Mayor GARDNER, Vice Mayor BURK and Commissioners CRICHLOW, JONES and BOLES are photographed with HARRISS, expressing confidence in him, discouraging cooperation with ongoing criminal investigation and may constitute obstruction of justice. The proclamation stated:
P R O C L A M A T I O N
WHEREAS, the CITY OF ST. AUGUSTINE is extraordinary among places in the world and is fortunate to have William B. “Bill” Harriss as its City Manager, a person whose passion for the City and professional commitment to the City is unmatched; and
WHEREAS, in his more than two decades of service to the people of St. Augustine as Chief Financial Officer, General Services Director, Assistant City Manager and now as City Manager, Mr. Harriss’ philosophy (sic) of administration through strong team-building consistently inspires the City’s more than 350 employees to aspire to do their best, and
WHEREAS, through responsible fiscal planning, Mr. Harriss has ensured the City’s solid financial standing and earned its sound management the highest respect; and
WHEREAS, with honest enthusiasm for the highest level of proficiency in every aspect of his work, Mr. Harriss’ prudent (sic) management has resulted in improved reliability of service for the City’s 10,000 utility customers while continually upgrading infrastructure, and
WHEREAS, by making public safety a high priority, Mr. Harriss has lead (sic) the fire and police departments to create a safe community for the City’s 14,000 residents and millions of annual visitors.
NOW, THEREFORE, it is with great pride (sic) that the St. Augustine City Commission recognizes the outstanding contributions made by William B. “Bill” Harriss to the people of St. Augustine, commends him for his professional commitment, and expresses its full confidence in his management of the City.
IN WITNESS WHEREOF, we have hereunto set our signatures and caused the Seal of the CITY OF ST. AUGUSTINE to be affixed this 27th day of March in the year of our Lord two thousand six and the four hundred fortieth year of the founding of St. Augustine, the Nation’s Oldest City.
George Gardner, Mayor, Susan Burk, Vice Mayor, Joseph Boles, Commissioner,
Donald Crichlow, Commissioner, Errol Jones, Commissioner
April 14, 2006
Dr. Dwight Hines, Ph.D. files lawsuit against City for Open Records violations involving his requests for records on city trucks, including those haulting contaminants from Riberia Street to Holmes Blvd.
April 24, 2006
City Commissioner JOSEPH LESTER BOLES, JR., Esquire states that the City needs to seek attorney fees and monetary sanctions against Dr. Hines to make him “pay the piper,” threatening him and anyone else who files an Open Record lawsuit with a Strategic Lawsuit Against Public Participation (SLAPP suit), possibly violating Florida law against government SLAPP suits.. Commissioner and Vice Mayor SUSAN BURK, Esquire amended her motion to hire Upchurch, Bailey and Upchurch to seek attorney fees for supposedly frivolous litigation. City Clerk Martha V. (Nell) Porter later confirms to Dr. Hines and Ed Slavin that Commissioners did not have a copy of Hines’ Open Record lawsuit when they termed it frivolous and voted to seek attorney fees to make him “pay the piper.”
May 23, 2006
CITY OF ST. AUGUSTINE Chief Administrative Officer TIMOTHY BURCHFIELD signs affidavit claiming records sought by Dr. Hines do not exist. In January 2007, CITY provides 45 pounds of records claimed not to exist, later providing computer disk that could not be read
August 8, 2006
At initial court hearing in Dr. Hines’ Open Records case where monetary sanctions were threatened, CITY OF ST. AUGUSTINE outside counsel Sidney Ansbacher provides Dr. Hines with 45 pounds of documents City previously claimed did not exist on truck use, including hauling of contaminants.
August 22, 2006
CITY OF ST. AUGUSTINE CITY MANAGER WILLIAM B. HARRISS writes a “Dear Chief” letter to FDEP Chief of Law Enforcement, GREA BEAVIS, asserting reasons for not prosecuting the CITY, including Messrs. JOHN REGAN, P.E. and WILLIAM LEETCH, P.E., attending “the Florida Chamber of Commerce Environmental Permitting Summer School and short course held at Marco Island this past July.” (PX-10).
August 25, 2006
■ Refusing to bring any criminal charges against the Respondent CITY OF ST. AUGUSTINE, GREA BEAVIS, Chief of Investigations, FDEP Division of Law Enforcement, sent a letter to CITY OF ST. AUGUSTINE CITY MANAGER WILLIAM B. HARRISS (PX-9), stating he relied upon representations in HARRISS’ August 22, 2006 letter (stamped as being received by FDEP August 24, 2006). No copy of the Florida Chamber of Commerce’s course material or proof of attendance or grades was ever provided to BEAVIS or FDEP. A full-color brochure on the Florida Chamber of Commerce Environmental Permitting Summer School shows that it is lacking in balance, dominated by corporate law firms and consultants. http://www.floridaenet.com/pdfs/2006summerschool.pdf
■ Nothing in FDEP’s undated, unsigned, “CASE CRITERIA” (CX-11) suggests that municipal engineers attending a Chamber of Commerce course is good cause for declining to prosecute the CITY OF ST. AUGUSTINE for dumping “solid waste” in a “lake.”
■ No meeting minutes or notes of the meetings between HARRISS and FDEP have yet been provided by FDEP.
■ No report of interview form (or Offense/Incident Report/Narrative form) of any meeting between HARRISS and FDEP has yet been provided by FDEP.
■ FDEP criminal investigators’ records reflect no investigation of perjury, obstruction of justice or any past dumping prior to December 2006
■ In closing a criminal case involving contamination of the Old City Reservoir with arsenic and other toxicants, FDEP’s Bureau of Environmental Investigations (BEI) "investigation" concluded, "No (sic) economic or specific motive for permit violations could be identified."
October 12, 2006
City Attorney JAMES PATRICK WILSON resigns, effective January 31, 2007.
October 13, 2006:
■ Vice Mayor and Commissioner BURK moves to accept WILSON’s resignation immediately, paying him without requiring attendance at work through January 31, 2007.
■ Vice Mayor and Commissioner BURK moves to hire RONALD BROWN and DOBSON & BROWN, P.A. as the City’s temporary attorneys.
■ Neither action was preceded by proper Sunshine notice on the City’s website. No press or public attend the illegal “Special Meeting,” which was not asserted to be an “emergency.” State’s Attorney later refuses to take Sunshine violations to Grand Jury.
November 1, 2006
St. Augustine Chronicle runs cover story by reporter Frank Matzke on illegal dumping, the first publication to publish FDEP staffer Brian Durden’s March 1, 2006 photographs of illegal dumping continuing two (2) days after the criminal investigators arrived.
December 22, 2006
Commissioner BURK moves to hire RONALD BROWN as permanent City Attorney without Sunshine notice of this item (agenda advertised only to discuss tax exemptions for low-income elderly residents).
January 17, 2007
“Basic outline of the City’s settlement proposal” states city will not agree to put solid waste in Class I landfill without a “binding final court order,” stating: “Under no circumstances, except for a final non-appealable court order, will the City agree to remove the fill (sic) material to a Class 1 landfill.” This position never discussed at City Commission meeting first.
March 12, 2007
ST. AUGUSTINE CITY ATTORNEY RONALD BROWN claims the mediation with Dr. Hines was a victory for CITY. No reference is made to “pay the piper” remark, now apparently inoperative.
November 1, 2007
St. Augustine Record editorial (entitled “Let the public speak early”) calls for restoring public comment to start of City Commission meetings. Commissioners had referenced three speakers (B.J. Kalaidi, David Thundershield Queen and Ed Slavin in violating public’s First Amendment rights).
November 6, 2007
Assistant City Manager JOHN REGAN writes City Manager HARRIS, requesting City Commission consideration of proposed Consent Order.
November 9, 2007
At approximately 2:38 PM EST, CITY OF ST. AUGUSTINE gives E-mail notice Consent Order will be on agenda for November 13, 2007 City Commission meeting.
November 11, 2007
St. Augustine Record editorial gives public notice of right of public to speak on bringing waste back to Lincolnville at 8 AM meeting on November 13, 2007.
November 13, 2007
■ Consent Order only briefly discussed at meeting that commenced at 8 A.M., the day after Veteran’s Day holiday, outside the ordinary course of business, with minimal notice the preceding Friday (November 9, 2007)
■ Commissioner and ex-Mayor GEORGE GARDNER and Commissioner and ex-Vice Mayor SUSAN BURK left the meeting before dumping is discussed.
■ Commissioners ask no tough questions and learn no new information..
■ Effects upon Lincolnville residents are not discussed.
■ St. Augustine City Commissioner ERROL JONES makes the motion, seconded by City Commissioner DONALD CRICHLOW, to approve the Consent Order sending solid waste back to Lincolnville, giving City 475 days to remove contaminants from Old City Reservoir. Vote is 3-0.
■ Mayor JOSEPH LEROY BOLES, JR. denies the public the right to speak on Consent Order, supported by City Attorney RONALD BROWN, who claims that there was no “advertisement” of a “public hearing.” BOLES threatens arrests, motions to police officers.
■ HARRISS refuses calls to resign, saying “I’ve done nothing wrong.”
■ Later that afternoon, JOHN REGAN tells Messrs. Slavin and Seraphin, et al that it would have taken fifteen (15) minutes or less for AKERMAN SENTERFITT environmental lawyer WILLIAM PENCE to have told Respondent COSA not to dump, if only CITY OF ST. AUGUSTINE officials had asked or requested him to do so.
■ REGAN tells Messrs. Slavin and Seraphin, et al. that it would have cost seventy-five dollars ($75) for WILLIAM PENCE to have told Respondent COSA not to dump, if only CITY OF ST. AUGUSTINE officials had asked PENCE about the dumping before commencing it.
2008
After seven citizens file administrative complaint and request a hearing, City agrees to pay $31,000 fine and to deposit the contaminated waste in a proper landfill, spending another $1 million, after spending $300,000 on AKERMAN SENTERFITT legal advice and engineering studies aimed at bringing the waste bad to Lincolnville, putting dirt on top and calling it a park.
2010
WILLIAM HARRISS "retires" as City Manager. City employees and residents rejoice. HARRISS receives retirement payments of more than $108,000/year. Goes to work for St. Johns County Sheriff DAVID BERNARD SHOAR f/k/a "HOAR."
2014
City Manager JOHN PATRICK REGAN, P.E. spends some $60,000 on engineering studies on successive attempts to build illegal structures on top of old illegal landfill at south end of Lincolnville.
2014
WILLIAM BRUCE HARRISS contributes $200 to MAYOR BOLES' election campaign.
Commission votes 4-1 to preserve south end of Lincolnville as a park forever (Commissioner DONALD CRICHLOW, dissenting).
JOSEPH LESTER BOLES, JR. defeated for re-election by Nancy Shaver.
2015: Dr. Robert Hayling, D.D.S. dies.
City Commission votes to honor Dr. Hayling by naming Robert S. Hayling Freedom Park.
September 24, 2016
Dr. Robert Hayling, D.D.S., honored at dedication of Robert St. Hayling Freedom Park.
FULL CHRONOLOGY:
http://cleanupcityofstaugustine.blogspot.com/2008/01/lincolnville-and-west-augustine-dumping.html
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