Tree-killing, wetland-destroying "developers" are being held accountable. Citizen concerns about unethical activity are being heard and heeded, at last. But a new conflict of interest has arisen.
Here's my e-mail to City Manager JOHN PATRICK REGAN, P.E. on a blatant conflict of interest he has just created, announced quietly earlier this month in a September 4, 2018 PZB meeting.
It must be resolved NOW, before the October 2, 2018 Planning and Zoning Board meeting.
Here's my September 26, 2018 e-mail:
-----Original Message-----
From: Ed Slavin
To: jregan
Cc: nshaver
Subject: ENVIRONMENTAL LAW CONFLICT OF INTEREST re: City of St. Augustine & Marquis, Latimer + Halback -- City's arborist contractor ALSO represents applicants for tree-killing permits
Dear Mr. Regan:
A. Please take immediate steps to end a conflict of interest and an appearance of impropriety involving tree removal permits and City of St. Augustine Planning and Zoning. The City is now contracting with Mr. FREMONT LATIMER, a partner and Vice President of the Marquis Latimer + Halback landscape architecture firm to advise the City staff, Commission and boards on revising the process for tree removal permits -- and to give advice on individual tree removal permits -- while ML+H ALSO represents applicants for tree removal permits, including hotelier KANTI PATEL. This is unseemly. Please suspend the City's arborist consulting contract instanter due to this blatant conflict of interest in ML+H representing applicants for tree-killing permits. Watch September 4, 2018 PZB meeting discussion video here:
Items 8A & 9
8. Other Business(a) Introduction and discussion related to potential changes to the tree ordinance.
B. While ML+H Vice President FREMONT LAATIMER is busily researching and advising the City of St. Augustine on rewriting our tree code, and advising the City on applications to remove particular trees, ML+H is ALSO actively representing applicants for tree-killing permits, including this tree-killing permit application on the October 2, 2018 PZB agenda:
4. Conservation Overlay Zone Development (cont.)(c) 2018-0124 Jeremy Marquis – Applicantc/o Marquis, Latimer, & Halback, Inc.Kanti Patel - Owner16, 18, 20, 22, & 24 Garnett Avenue; 154, 156, & 158 Cunningham Avenue; 185 Matanzas Avenue; and vacated east-west alley between N. Ponce De Leon Boulevard & Cunningham5. Comprehensive Plan Amendment & Rezoning(a) 2018-0125 St. Johns Law Group – Applicant Shri Hari Lodging Inc. – Owner100 San Marco AvenueAvenueTo approve removal of more than fifty (50) percent of the tree canopy, including four (4) preserved trees (Oaks) within Conservation Overlay Zone 3 to construct a hotel.
C. This conflict of interest is unacceptable and it must be ended at once. Unless ML+H agrees to amend its City contract to stop representing applicants for tree removal permits, please consider canceling the ML&H arborist contract and postponing the October 2, 2018 hearing. See Restatement of Contracts, 2d, Sec 178 (Contract Violations of Public Policy).
D. As the United Supreme Court held in United States v. Mississippi Valley Generating Company (the "Dixon-Yates" case), 364 U.S. 520 (1960) all conflict of interest laws are based upon Matthew ("A person cannot serve two masters"), particularly when one is that person's own personal profit.
E. Landscape architects are regulated by the Florida Department of Business and Professional Regulation. ML&H partner JEREMY RYAN MARQUIS (DBPR license LA6667110) is a former St. Augustine Historic Architectural Review Board (HARB) member, one of two (2) HARB members hired by DAVID BARTON CORNEAL concerning his controversial former Dow Museum of Historic Homes Planned Unit Development (PUD) -- as a result of MARQUIS' recusal and the lack of alternate members at the time there was a 2-1 vote of the remaining HARB members to destroy historic Carpenter's house, which CORNEAL demolished before time for appeal had even expired. ML+H partner and Vice President FREMONT LATIMER is also a current, active member of the St. Augustine Street Tree Advisory Board.
F. As it is a recipient of millions of dollars of federal grant funds, the City of St. Augustine is subject to investigative scrutiny by EPA and other federal Inspectors General, the Justice Department and FBI. (Our former PZB Vice Chair is now being prosecuted for alleged FEMA fraud.)
G. Please call me this week to discuss this conflict of interest and place this urgent environmental law ethics issue on the agenda of the 2 pm, Tuesday, October 2, 2018 St. Augustine City Planning and Zoning Board meeting.
Thank you.
With kindest regards, I am,
 | ||
No comments:
Post a Comment