-----Original Message-----
From: easlavin
Sent: Wed, Jun 3, 2015 6:06 pm
Subject: STANDING re: CARPENTER'S HOUSE DEMOLITION APPEAL --- Fwd: Sufficiency Review hearing for Ed Slavin appeal on June 8th re: Illegal Demolition of One of the Dow Museum of Historic Homes Structures (Carpenter's House)
Dear Mayor Shaver and Commissioners:
1. No response from Ms. Lopez to e-mails sent last week in response to her memo on standing.
2. This operates as an adoptive admission and admission by silence that I do have standing and that her memo was incorrect.
3. I was described by the Record has having been outspoken on this project in its page one article on May 22, 2015 on the May 21, 2015 HARB meeting vote, stating inter alia:
The appeal was filed by Ed Slavin, who has been vocal in his opposition to Corneal’s project.
“My problem is there was undisputed testimony from the building inspector that it was safe,” Slavin said. “It was part of our history. I thought it was erroneous to grant a certificate of demolition. I think the City Commission needs to review it. HARB should not be granting demolition certificates like they’re handing out lollipops.”
See memo below, and other e-mails, incorporated by reference.
4. I have standing under the precedent established by CIty Commission and you on 10/27 in re: Echo House, 100 MLK.
Thank you.
Sincerely,
Ed Slavin
-----Original Message-----
From: easlavin < easlavin@aol.com>
Sent: Thu, May 28, 2015 5:57 pm
Subject: Re: Sufficiency Review hearing for Ed Slavin appeal on June 8th re: Illegal Demolition of One of the Dow Museum of Historic Homes Structures (Carpenter's House)
Dear Isabelle and Denise:
In addition to the points made earlier this afternoon (below), please see the pre-demolition February 19, 2015 E--mails to HARB I have re-sent you today and kindly note that:
A. I wrote some thirty (30) blog posts about the proposal, with thousands of views, on www.cleanupcityofstaugustine.blogspot.com and on Facebook.
B. I spoke and wrote to PZB, HARB and Commissioners, publicly, and some privately.
C. I am the only person to file Open Records requests with both the State and City on the Dow Museum and Carpenter's House, with my May 21, 2015 Notice of Filing establishing the facts on $1.5 million of the $2 million that the State of Florida spent money to restore and stabilize the Dow Museum of Historic Homes, including Carpenter's House, which was identified as follows:
Property: The Carpenter's House is a part of the square block of buildings assembled by Kenneth Dow which the Museum of Arts and Sciences is transforming into a house museum village. The house itself is a frame vernacular building constructed in the 1880's and is on its original site at the center of the complex. It will be use as a visitor's host and orientation center as well as library and docent reception facility. Project: The project will complete the building's rehabilitation and includes repairs to structure and finishes, as well as the installation of new systems.
o Rehabilitation of the building for use as a museum orientation center to include:
1. Repairs to structure and finishes;
2. Installation of new systems; and
o Direct project administrative expenses not to exceed 10% of the total Project cost.
D. I am a Gay American who wrote about Kenneth Dow in 2005 in connection with St. Augustine GLBT history, with his contribution to the City cited in the Rainbow flags permit application that I drafted, which led to the landmark GLBT federal court First Amendment ruling in Jensen v. City of St. Augustine (District Chief Judge Henry Lee Adams, Jr.)(June 7, 2005).
E. I wrote about Mr. Dow in Collective Press and Out in the City articles on St. Augustine GLBT history.
F. I have researched Mr. Dow and his collection of homes in 2005 and again in 2014 at the St. Augustine Historical Society Research Library, sharing my findings with the PZB and others.
G. I was personally harassed, intimidated, cursed, threatened and stomach-bumped by OLD ISLAND HOTELS, INC. owner, Respondent DAVID BARTON CORNEAL on May 21, 2015 outside the Avles Room at 1: 50 PM before the HARB meeting , in retaliation for my protected activity concerning the Dow Museum and Carpenter's House demolition, and reported it to SAPD and HARB . See above and below.
H. I am uniquely qualified to bring this appeal and have an interest that confers standing under the logic of our October 27, 2014 precedent on standing on Echo House.
I. I am also the only person who has filed an appeal and this situation is "capable of repetition" and could evade review. See Roe v. Wade, 410 U.S. 113 (1973); Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515 (1911); Moore v. Ogilvie, 394 U.S. 814, 816 (1969); Carroll v. Princess Anne, 393 U.S. 175, 178-179 (1968); United States v. W. T. Grant Co.,345 U.S. 629, 632-633 (1953); Matter of Dubreuil, 629 So.2d 819(Fla.1993); Holly v. Auld, 450 So.2d 217, n. 1 (Fla.1984); Philip Padovano, Florida Appellate Practice, § 1.4, p. 9 (2007-8 ed.).
J. During Commissioners' comment on May 11, 2015, Commissioners supported amending the City ordinance to bar future demolitions before the time for appeals expires, impliedly recognizing the validity of my concerns before I filed the appeal.
K. I have a legal right to have my appeal heard. The State of Florida has "significantly enhanced standing," overruling common law doctrine with a remedial statute. Homosassa River Alliance v. Citrus County, 2 So. 3d 329 (Fla. 5th Dist. App. 2009), rev. denied, 16 So. 3d 132 (Fla. 2009).
L. Our Florida Fifth District Court of Appeals in Daytona has liberally and correctly interpreted the 1985 remedial statute, F.S. 163.3215, which states that an “'aggrieved or adversely affected party' means any person or local government that will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons." Homosassa River Alliance v Citrus County, 2 So. 3d 329 (Fla. 5th Dist. App. 2009), rev. denied, 16 So. 3d 132 (Fla. 2009), available at: http://www.5dca.org/Opinions/Opin2008/102008/5D07-2545.op.pdf or http://caselaw.findlaw.com/fl-district-court-of-appeal/1412067.html
M. Objectors Ed Slavin and Clean Up City of St. Augustine are committed to preserving and protecting St. Augustine and educating the public. We have been doing so since 2005, advocating a St. Augustine National Historical Park and National Seashore that would help us protect the Dow Museum of Historic Homes and other historic properties forever. http://www.staugustgreen.com/draft-legislation.html
N. Dubbed an "environmental hero" (by Folio Weekly Editor Ann Schindler in 2008), your conscientious Echo House demolition Objector, Ed Slavin, has helped empower "We, the People" locally to win more than thirty (30) public interest victories since 2005. http://cleanupcityofstaugustine.blogspot.com/2014/06/saving-st-augustine-florida_21.html
O. The St Augustine Record vigorously defended me against an attack by a former Mayor in 2006. http://staugustine.com/stories/111906/opinions_if83a3k.shtml
P. The building is a treasured part of St. Augustine and would be protected by the St. Augustine National Historical Park and National Seashore Act that I drafted. http://www.staugustgreen.com/draft-legislation.html
Q. Thus, we have legal "standing" to bring this appeal from HARB's illegal refusal to do its job without fear or favor (2-1 vote after two members recused themselves because they were working for CORNEAL on this project, in violation of the Sunshine law -- one of them, Vice Chair Paul M. Weaver, III brazenly testified before PZB as a witness after joking with CORNEAL about convincing nuns to support the project, with CORNEAL stating Weaver could "sell ice cubes to eskimos").
Please call to discuss.
Thank you.
Sincerely yours,
Ed Slavin
904-377-4998
-----Original Message-----
From: easlavin < easlavin@aol.com>
To: ilopez < ilopez@citystaug.com>
Cc: nshaver < nshaver@citystaug.com>; rhorvath < rhorvath@citystaug.com>; NancySikesKline < NancySikesKline@aol.com>; cityfreeman < cityfreeman@yahoo.com>; tneville < tneville@citystaug.com>; aratkovic < aratkovic@citystaug.com>; dgibson < dgibson@citystaug.com>; dbirchim < dbirchim@citystaug.com>; jregan < jregan@citystaug.com>; janewestlaw < janewestlaw@gmail.com>
Sent: Thu, May 28, 2015 10:49 am
Subject: Re: Sufficiency Review hearing for your appeal on June 8th
Dear Isabelle:
1. I testified against this project before PZB on April 7, 2015 -- undisputed First Amendment protected activity conferring standing on this project.
2. I also blogged about it repeatedly, and I engaged in First Amendment protected activity and talked with outspoken community members about it.
3. I have standing.
4. No one present ever expected that HARB would vote to grant the demolition -- a continuance was expected and predicted that day, and I was unable to attend the HARB meeting.
5. My position was well known.
6. I was described by the Record has having been outspoken on this project in its page one article on May 22, 2015 on the May 21, 2015 HARB meeting vote, stating inter alia:
The appeal was filed by Ed Slavin, who has been vocal in his opposition to Corneal’s project.
“My problem is there was undisputed testimony from the building inspector that it was safe,” Slavin said. “It was part of our history. I thought it was erroneous to grant a certificate of demolition. I think the City Commission needs to review it. HARB should not be granting demolition certificates like they’re handing out lollipops.”
7. Thus, I have standing under the precedent established by CIty Commission and you on 10/27 in re: Echo House, 100 MLK.
8. Please reconsider your recommendation.
Thank you.
Sincerely,
Ed
-----Original Message-----
From: Isabelle Lopez < ilopez@citystaug.com>
To: easlavin < easlavin@aol.com>
Cc: Alison Ratkovic < aratkovic@citystaug.com>; Debra Gibson < dgibson@citystaug.com>; David Birchim < dbirchim@citystaug.com>
Sent: Thu, May 28, 2015 10:15 am
Subject: Sufficiency Review hearing for your appeal on June 8th
Mr. Slavin,
Please find enclosed the sufficiency review packet that is being placed on the agenda for the next City Commission meeting date of June 8 th. As you know, the meetings begin at 5pm, and at this time I do not yet know the agenda item number associated with your sufficiency review. You will be given an opportunity to respond to my recommendation at the City Commission meeting. Thank you.
Isabelle C. Lopez
City Attorney
City of St. Augustine
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