Friday, April 29, 2022

JAY McGARVEY's Flood-prone 36 Granada PUD In Trouble, to be Delayed Due to "Administrative and Process Concerns"

Developer JAY McGARVEY's 36 Granada LLC -- eviscerating the former CORAZON THEATRE -- was approved by City Commission and PZB last year (PZB member John Carl Blow dissenting), despite antitrust and legal ethics concerns. 

McGARVEY's  mouthpiece is a full-time federal employee, is Florida National Guard Major GARY BRIAN DAVENPORT. His PUD is already in trouble and apparently requires amendment due to "flood control and flood resiliency."

The property floods.

Doing their due diligence after Commission and PZB approval, McGARVEY and DAVENPORT have encountered pushback from City staff.  That's a good thing.  I wonder what their investors are saying.

Here's my records request to the City today about the City staff's request for a continuance due to "administrative and process concerns."

We have a Right to Know. 

-----Original Message-----
From: Ed Slavin <>
To: <>; <>; <>
Cc: <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>; <>
Sent: Fri, Apr 29, 2022 5:01 am
Subject: Request No. 2022-110: 36 Granada Street proposed PUD amendment materials not on City's website

Dear Ms. Skinner, Ms. Galambos and Mr. Regan:

1, Would you please be so kind as to send me today the documents relating to this item from May 3, 2022 City Planning and Zoning Board meeting, which Ms. Skinner has proposed for a continuance?: 
6. Rezoning
  A. 2022-0026
Gary B. Davenport – Applicant  
c/o Gary B. Davenport PA
36 Granada LLC – Owner  
c/o Alsop Properties  
36 Granada Street
To amend an existing Planned Unit Development (PUD) adopted November 8, 2021 at 36 Granada Street to change the site plan, text and elevations related to flood protection and flood resiliency.  
2. The only thing on this request at the City meeting website tab for the May 3 meeting is Ms. Skinner's utterly uninformative and incorrectly dated "May 3, 2022" memo, asking for a continuance due to "administrative and process concerns."  Those "concerns" are not disclosed.  Why?

3. We have a Florida Constitutional Right to Know. Article I, Section 24 of our Florida Constitution was enacted in 1992 by 3.8 million voters (83%).

4. Our Right to Know is not negated by the moneychangers now infesting the temple of our democracy, or by the nattering nabobs of negativism who take dark money to represent dodgy "developers," or by the appallingly emotional, selfish edict and ukase of conflicted Florida National Guard Major Gary Brian Davenport.  Major Davenport told me by telephone on July 5, 2022 that his developer client's questionable PUD application -- and Major Davenport's being "a full-time federal employee" representing zoning applicants -- is "none of my business."  

5. Conflicted ethically-challenged FNG Major Gary Brian Davenport, "a full-time federal employee," should no longer represent zoning applicants before the City of St. Augustine and St. Johns County.  His half-baked legal work on this PUD is an embarrassment. His shoddy work on this 2021 PUD now apparently already requires proposed amendment, said to be due to "flood protection and flood resiliency," about which there are "administrative and process concerns?"  What are they? The paperwork must be disclosed today.  Witnesses warned of flooding, but the City Commission and PZB rubber-stamped the PUD application. 

6. Exposing corruption is everyone's "business."  Thus, "I wear [FNG Major Davenport's] scorn as a badge of honor," in the words of our former Vice President, J. Danforth Quayle.

7. I've been exposing corruption in our local governments since 2005.  No lectures from Mr. Davenport are desired or required. 

8. Please send documents today. 

9. The people's business must no longer be conducted in secret.  "Justice may not be done in a corner, nor in any covert manner."  1676 Fundamental Laws of West New Jersey, Chapter XXIII.

10. The Washington Post's slogan is, "Democracy dies in darkness."  As James Madison wrote in his August 4, 1822 letter to W.T. Barry, "Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both."  Conflicts of interest must be scrupulously guarded against. See, e.g., United States v. Mississippi Valley Generating Co., 364 U.S. 520, 548 (1961)("the 'Dixon-Yates' case"), involving U.S. Tennessee Valley Authority and its investor-owned utility rivals and conflicts of interest in a proposed Memphis coal-fired powerplant), citing Matthew 6:24 -- "no [person] can serve two masters," holding that laws and rules preventing conflicts of interest are aimed "not only at dishonor but at conduct that tempts dishonor."   All conflict of interest laws are based upon Matthew 6:24 ("A man cannot serve two masters"), which the unanimous 1961 Supreme Court decision by Chief Justice Earl Warren found to be both a "moral principle" and a "maxim which is especially pertinent if one of the masters happens to be economic self-interest."  Id. 

Thank you.
With kindest regards, I am,

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