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Reported Hate Crimes in America Rise in 2016 (WaPo Editorial Bd).

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Perhaps, partly due to Herr DONALD JOHN TRUMP, "President* Asterisk," Hate Crimes increased up for the second year in a row in 2016.  Quo vobis videtor?

Hate in America is on the rise


A man photographs Jewish tombstones toppled in anti-Semitic vandalism. (Mark Makela/Getty Images)
 
A NEW FBI report on hate crimes tells a sobering story. For the second year in a row, police departments across the country reported a rise in the number of crimes motivated by bias.
In 2016, the FBI counted 6,121 reported incidents nationwide — an increase of 4.6 percent from 2015, during which 5,850 cases were reported. That number, in turn, marked a 6.8 percent increase in reported hate crimes over 2014. Roughly 58 percent of such attacks last year weremotivated by racial bias, of which about half targeted African Americans. Of the 21 percent of crimes fueled by animosity toward the victim’s religion, more than half the attacks were aimed at Jews, a quarter at Muslims.
The sharp rise in crimes against Muslims and people of Arab descent is particularly troubling. Racially motivated attacks on Arabs jumped 38 percent from 2015, the first year in which the FBI requested data on such crimes. And attacks on Muslims, which spiked 67 percent in 2015, rose an additional 19 percent last year to more than 300 reported incidents. That makes 2016 the year with the highest number of hate crimes against Muslims since 2001, following the 9/11 attacks.
Meanwhile, crimes against Latinos and against white people rose 15 percent and 17 percent, respectively, from 2015. Crimes against transgender people went up 44 percent.
The FBI’s report doesn’t draw conclusions as to what might be behind this disturbing rise in hate. But it’s noteworthy that many of the groups against whom crimes rose by double digits were the focus of inflammatory rhetoric by Donald Trump over the course of his presidential campaign. Likewise, the FBI data shows a sharp rise in bias-motivated incidents in the months around the 2016 election — confirming reports by the Anti-Defamation League and others of a surge of attacks on Muslims and Jews in the wake of Mr. Trump’s election.
“Hate crimes are different from other crimes,” FBI Director James B. Comey said in a 2014 speech. “They strike at the heart of one’s identity.” For this reason, it’s important that the United States be able to tackle this growing problem with the best data it can gather. The FBI’s statistics on hate crimes, while the best we have, are also incomplete — partly because it’s up to state and local police departments to decide whether to provide the federal government with their data. What’s more, a study by the Bureau of Justice Statistics suggests that many hate-crime victims never report the offense.
Police departments should work to provide the federal government with more complete data. But taking this rise in hate seriously also requires that law enforcement officials cultivate trust with the communities they serve. Victims need to know they will be treated with respect if they come forward — especially in the current political environment, where many may be particularly fearful.



Come Join the "National March for Impeachment," January 20, 2018

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"When the going gets tough, the tough get going."
--Ambassador Joseph P. Kennedy, Sr.

Should we make alms-giving a crime? (SAR)

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Letter from Sunday, November 26, 2017 St. Augustine Record:

‘Please don’t feed the panhandlers’
Editor: There has been a lot of ink discussing how to prevent bothersome panhandlers on St. George street, with minimum results. Why not attack from another direction? I believe there is a statewide law against feeding alligators and other wildlife.
If so, this leads to a hefty fine. Fort Lauderdale and other Beach towns have large fines for feeding seagulls, because that led to them swiping hot dogs off some grills.
So, why not start with signage warning tourists not to give money to bums who refuse to work? Follow that with a $25 fine if the sign is ignored. Other than bums, the only others against such a proposal would be liquor store owners.
Jack Knee
Nocatee

1 Comment
Edward Adelbert Slavin · 
1. It would likely be unconstitutional for City Commission to impement the repressive notion in Jack Knee of Nocatee's letter (urging fines for people giving money to the homeless).
2. The Citizens United case held that money equals speech under our First Amendment.
3. If you choose to give a dollar to a panhandler or a street musician or a charitable fundraising bell ringer during the Christmas holidays, that's your business. It's also probably First Amendment protected activity. Jack Knee's notion of criminalizing alms-giving is immoral, illegal and unAmerican.
4. There's no compassion or love in Jack Knee's angry letter. Pray for him and for those privileged but tortured souls, who vent hate directed against the less fortunate.



Boca Raton Mayor's Unethical Ties With Developers (Sun Sentinel Editorial Bd.)

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Don't you wish The St. Augustine Record would become a watchdog on ethics issues, like other GateHouse newspaper properties, and other Florida newspapers? Don't you wish St. Johns County had an Ethics Commission? An Ombuds? An independent Inspector General?




Opinion Editorials
Cloud hangs over Boca Mayor Susan Haynie | Editorial
Ft. Lauderdale Sun Sentinel

Boca Raton Mayor Susan Haynie is under fire over financial ties between her husband’s property management company and a prominent developer.
Sun Sentinel Editorial Board

Given local concerns about cozy relationships between politicians and developers, Boca Raton Mayor Susan Haynie should have known better.

She should have known better than to vote on matters that benefited major property owners linked to her husband’s business, a business she launched and affiliated with until last year.

She should have known better than to forego an explanation, as required, the one time she did recuse herself from voting on a project involving those landowners.


And she should have known better than to not fully disclose her household’s finances on her financial disclosure form.

Even if there’s nothing illegal in the revelations of a Palm Beach Post investigation on the financial ties between Haynie and Boca’s largest commercial landowners, James and Marta Batmasian, they unquestionably raise the appearance of impropriety.

At issue is the property management firm, Community Reliance, that Haynie owned with her husband from 2007 to 2015, the Post reported. Haynie says she is no longer involved in the business.

Community Reliance manages Tivoli Park, a 1,600-unit apartment complex in Deerfield Beach where, the Post says, “the Batmasians own 1,400 units and have majority control over the board of directors and its finances. Five of the six Tivoli board members work for the Batmasians’ company, Investments Limited.”

According to the Post, Haynie has voted at least a dozen times on Boca proposals that increased the Batmasians’ property value. And it says she has never disclosed her company’s work for the real estate moguls because she said she didn’t make the money, her husband did.

Haynie, who’s running for a Palm Beach County Commission seat, insists she’s done nothing wrong. She says an advisory opinion from the Palm Beach County Commission on Ethics says she could vote on projects involving the Batmasians. Indeed, she said that since she didn’t have a conflict, the law required her to vote.

“I followed the process in good faith,” Haynie told us. “I relied on the (ethics) opinion and the city attorney’s interpretation of that opinion …. I was not hiding anything.”

Perhaps not. But if there was nothing to hide, why did the request for an ethics opinion fail to disclose her name and those of the Batmasians?

According to the Post, Boca’s city attorney in April 2013 requested an ethics commission opinion on whether a “city official” could vote on an upcoming project by a “developer,” who owns about 80 percent of a residential community, if the city official’s property management firm works for the association running that community.

Ethics Commission staffers initially recommended against it because of the “appearance of impropriety.” But after five months of back-and-forth with the city attorney’s office, the Ethics Commission ultimately determined there wouldn’t be a voting conflict.

“The final wording said Haynie had no voting conflict as long as Batmasian was neither the applicant nor the developer before the council,” the Post reported. “But in the dozen votes by Haynie, James Batmasian was the applicant, developer or both.”

All this raises questions, including:

Why did City Attorney Diana Grub-Frieser push so hard for the mayor? Asked that question at a city council meeting last week, she responded: “If the council as a whole would like me to be more passive in my legal services and not be diligent in the details, and cross the t’s and dotting i’s, that is up to you and that is certainly something I can do.”

Why did Haynie not insist her name be included in the request? Haynie says she let the city attorney handle it. Grub-Frieser says that was city practice. But we believe names matter in conflict-of-interest questions, especially when the players are the mayor and the city’s two largest landowners. The Post said this was the only request received by the ethics commission that year where the names were kept anonymous. Such an approach hardly shows a commitment to transparency.

Why did Haynie not report the income on her financial disclosure forms? She told the Post that she didn’t make the money, her husband did and they keep separate bank accounts. But the Post found a footnote in the ethics case that says she and her husband “are both managing members and receive compensation for services rendered.”

At a meeting last week to discuss the Post’s investigation, Haynie’s council colleagues called for greater transparency on conflict-of-interest questions. Haynie joined them in requesting an ethics commission review.

Haynie maintains she had no conflict to disclose because the matters before the city that affected Batmasian properties didn’t include the condominium association her husband’s firm represents. She blames questions about her connection to the Batmasians on “misinformation” pushed by political opponents in her run for the county commission. “This is just an assassination of my character.”

Others will decide if any rules or laws were broken in this matter, but in the court of public opinion, it doesn’t look good.

Haynie and other elected officials should err on the side of caution with potential conflicts of interest, publicly disclosing even the hint of a conflict and recusing themselves when necessary. Before each vote, Haynie could have mentioned her husband’s link to the Batmasians, along with the ethics commission opinion she said allowed her to vote. Instead, she kept quiet.

Better yet, politicians and their families should avoid forming financial ties with the town’s biggest real estate investors.

We’ve always found Haynie to be a smart leader, responsive to questions and dedicated to making Boca a great place to live, work and play.

But these revelations, and her responses, have cast a dark cloud on what was once a bright political career.

Boca Raton mayor under fire over ties to developer

Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O'Hara, Elana Simms, Andy Reid, Deborah Ramirez and Editor-in-Chief Howard Saltz.

November 26, 2013: "A Death in St. Augustine" PBS Frontline debut on Michelle O'Connell Death In Sheriff's Deputy Jeremy Banks' Home, With His Weapon

"Loose pigs" story raises eyebrows, elicits puns about St. Johns County Sheriff DAVID SHOAR

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When truck wrecks occur, maladroit corporate hog news media seldom report the name of the trucking company.

Wonder why?

Newspapers own trucks and belong to the American Trucking Association.

No scrutiny.

No actual reporting.

Press releases from FHP.

Sad.

Also, some wags wondered whether any putative reporter ever attempted to interview the pigs, or if any developer sent them contributions.

So far as we know, the "loose pigs" in quo do not play fast and loose with the truth.

These "loose pigs" apparently do not refuse to answer questions from reporters and elected officials, or coverup homicides by Sheriff's deputies, or act like loose cannons, or issue insulting press releases mocking a grieving family, or take campaign contributions from developers that manipulate and corrupt our governmental institutions, or fumble and bumble answers to questions, or refuse to provide a line item budget, or tolerate race and sex discrimination and harassment, or habitually violate constitutional rights, or consider moving to countries without extradition treaties.

(Photo: The New York Times)



Posted November 23, 2017 10:06 am
By Florida Times-Union
Pigs get loose after wreck on I-95 Thursday morning

Thanksgiving morning drivers are being warned to watch out for the possibility of escaped pigs on Interstate 95 near Crescent Beach following a crash between two trucks that let the livestock loose, according to the Florida Highway Patrol.

Two semi-tractor trailer trucks were traveling south on I-95 near the Florida 206 exit just before 4 a.m. when they collided, the Highway Patrol said. One of the trucks carrying the pigs veered off the right side of the highway and overturned onto its left side, spilling the livestock out onto the right shoulder. The second truck continued down the right side of the highway for about 1,000 feet and also partially rolled over.

No one was injured and all lanes are currently open after efforts to corral the pigs, the Highway Patrol said. But troopers warn that some of pigs may be wandering loose and drivers are asked to exercise caution due to rainy weather and the possibility of loose livestock.



DAVID BRADFIELD, St. Augustine Beach City Commission applicant, filed incomplete, unsigned application, with no letter of intent as to why he wanted the gig

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DAVID ASHLEY BRADFIELD
applied for St. Augustine Beach Commission seat vacated by resignation of Sherman Gary Snodgrass but did not provide any letter of intent stating why he wants to be a St. Augustine Commissioner
o Firm resume filed with handwritten note, signed by PZB Chair and lawyer Ms. Jane West, 
as the only other writing in the record, claiming she was applying "on behalf" of Bradfield, without any letter of intent stating the reasons for interest in the job!
o Florida real estate "Sales Associate" license no. 61642 since 1994

See correspondence below on my Open Records request No. 2017-646:



-----Original Message-----
From: Ed Slavin
To: jpwilson ; comrobrien ; comugeorge ; commengland ; commkostka ; hardwickra
Sent: Mon, Nov 27, 2017 8:20 pm
Subject: Re: Request No. 2017-646: David Ashley Bradfield's "application" for St. Augustine Beach Commission vacancy incomplete, noncompliant, possibly ultra vires?

Dear Mr. Wilson:
1. So do you really think that Mr. David Ashley Bradfield, the only candidate who did not write a letter of interest, is somehow excused because you "understand" that he was "in Costa Rica?" 
2. That flippant answer is, at best, facetious.  
3. When did Bradfield depart for Costa Rica?  When did he return?  
4. Please provide all documents, including his airline tickets, itinerary and the address of his propert(ies) in Costa Rica.  
5. Mr. Bradfield has access to the Internet, telephones and fax machines at his Costa Rican propert(ies), correct?
6. Mr. Bradfield knew of the November 22, 2017 5 PM deadline before his departure, correct?  
7. Mr. Bradfield talked at the podium at the November 6, 2017 City Commission meeting and received an award.  
8. Mr. Bradfield had actual and constructive notice of the deadline to write a statement of interest, correct?
9. Mr. Bradfield (who is immediate past Vice Chair of the PZB), hired none other than Ms. West, the Chair of the PZB, to hand-write a note to excuse his noncompliant application?   
10. Did Ms. West hand-write her note as Mr. Bradfield's lawyer, as PZB chair or both?  
11. Does Ms. West now represent him on other matters?  Which ones?  Has she ever represented him in the past?  On what matters?
12. Conflict of interest?  Appearance of impropriety?  
13. How many other City board members have business relations with each other?  Please provide spreadsheet.
14. You think that a third party, PZB  Chair Jane West, hastily writing a one-sentence handwritten note (resembling a gym excuse for a school child) -- not a statement of interest --  mutatis mutandis, mirabile dictu, somehow magically converts itself into a substitute for the required statement of interest from the actual candidate explaining why he wants the job?   
15. Jim, you appear to be driving under the inference.  This is not quality legal work.  
16. You strain to reach a predetermined outcome, possibly showing favoritism.
17. Please state what conversations you've had and with whom today, providing all notes and research about this issue.
18. Instead of providing objective legal research, you emit a ukase.  This is unworthy of you, Jim.  
19. What external pressures led the St. Augustine Beach City Attorney to lob third-rate legal legerdemain in the defense of the indefensible?  What would Lincoln Steffens say? 
20. Does anyone really suppose that Mr. Bradfield is excused from the legal requirement to state his reasons for wanting a City Commission seat by:
(a) taking vacation; and 
(b) hiring a lawyer? 
21. Did Mr. Bradfield once brag at a PZB meeting, on the record, about his work for developer Jay McGarvey, stating he worked on McGarvey's behalf to "cheat the Code," as he stated developers do all the time? 
22. Mr. Wilson, Mayor, Vice Mayor, Commissioners and Chief Hardwick: Please perform a background investigation on all candidates. 
23. Will you please ask all candidates to file financial disclosures this week, and make them available to the public on December 1, 2017 in time for research and investigation before the December 4, 2017 City Commission meeting?
Thank you.
With kindest regards, I am,


-----Original Message-----
From: Jim Wilson <jpwilson@cityofsab.org>
To: Ed Slavin <easlavin@aol.com>; Comm O'Brien <comrobrien@cityofsab.org>; Comm George <comugeorge@cityofsab.org>; Comm England <commengland@cityofsab.org>; Comm Kostka <commkostka@cityofsab.org>; Robert Hardwick <hardwickra@sabpd.org>
Cc: Max Royle <mroyle@cityofsab.org>; Beverly Raddatz <braddatz@cityofsab.org>
Sent: Mon, Nov 27, 2017 2:35 pm
Subject: Re: Request No. 2017-646: David Bradfield "application" incomplete, noncompliant, possibly ultra vires?

It is my understanding that Mr. Bradfield was in Costa Rica and asked his attorney to file the application so the deadline for the application could be met.  If an attorney states that they (sic) represent a client, it would be an ethical violation to do so without that client's approval so there is no need to ask for written authorization by the client. An attorney's contract with a client does not need to be in writing and if it is in writing, it is protected by lawyer-client privilege and cannot be revealed without the client's approval.  So, there are no documents responsive to your request.

Otherwise, so long as the deadline was met and the applicants meet the City's Code requirements to serve as a commissioner, the Commission has the sole discretion to determine the relative qualifications of the candidates and who shall serve to fill the position. 


-----Original Message-----
From: Ed Slavin
To: comrobrien ; comugeorge ; commengland ; commkostka ; hardwickra
Cc: jpwilson ; mroyle ; braddatz ; pat.gleason
Sent: Mon, Nov 27, 2017 12:41 pm
Subject: Re: Request No. 2017-646: David Bradfield "application" incomplete, noncompliant, possibly ultra vires?

Dear Mayor, Vice Mayor, Commissioners and Chief Hardwick:
1. Please answer my request number 2017-646, in the event that you have documents or answers.  Ms. Raddatz has found none.
2. Commissioners, at the December 4, 2017 meeting, please be prepared to discuss/resolve two threshold issues: 

A. Do you agree that Mr. Bradfield failed to comply with SAB's posted rules, requiring inter alia:
"a letter of interest stating why they want to serve on the Commission to the City Manager by 5 p.m., Wednesday, November 22, 2017?" (Emphasis added).

B. Do you agree that PZB Chair and attorney Ms. Jane West's incomplete putative "application" for Mr. Bradfield was ultra vires, as there is apparently no evidence in the record that she was authorized to apply for Mr. Bradfield?  Please see City of St. Augustine Beach's response to items 1-3 from Ms. Raddatz (below).

Thank you.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998







-----Original Message-----
From: Beverly Raddatz <braddatz@cityofsab.org>
To: Ed Slavin <easlavin@aol.com>
Cc: Jim Wilson <jpwilson@cityofsab.org>
Sent: Mon, Nov 27, 2017 12:10 pm
Subject: RE: Request No. 2017-646: David Bradfield application

Mr. Slavin:

After a reasonable review of Items 1-3, the City has found no records responsive to your request.  Item #4 is not a public records request.

Sincerely,

Beverly Raddatz, MMC
City Clerk
City of St. Augustine Beach
2200 A1A South
St. Augustine Beach, FL 32080
(904) 471-2122  FAX (904) 471-4108

Confidentiality Notice: This Email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, and that you have received this E-Mail and any accompanying files in error. You should notify the City of St. Augustine Beach immediately by replying to this message and deleting them from your system. City of St. Augustine Beach does not accept responsibility for changes to E-Mails that occur after they have been sent.



From: Ed Slavin [mailto:easlavin@aol.com
Sent: Monday, November 27, 2017 10:56 AM
To: Max Royle <mroyle@cityofsab.org>; Jim Wilson <jpwilson@cityofsab.org>; Beverly Raddatz <braddatz@cityofsab.org>
Subject: Request No. 2017-646: David Bradfield application

Dear Ms. Raddatz and Messrs. Wilson and Royle:
1. Please send me any evidence that Realtor® David Bradfield ever authorized attorney and PZB chair Jane West to file his firm resume and her handwritten note as his/her putative "application" for the vacant seat on St. Augustine Beach City Commission, to be decided at the December 4, 2017 meeting.  
2. Is there any retainer agreement, designation of representative form, agency/partnership agreement, letter, e-mail or any other indicia that Ms. West's fax was authorized by Mr. Bradfield?  If so, please send.
3. Is there any explanation for Mr. Bradfield's apparently disqualifying failure to meet the November 22, 2017 deadline with an actual signed letter of intent?  If so, please send.
4. Does anyone contend that the unsigned putative "application" followed the rules?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998





14 apply for St. Augustine Beach Commission slot (SAR)

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St. Augustine Record scooped again.  I reported this story, and more thoroughly, last week, on Saturday November 25, 2017.  People know this blog is looking out for their interests (and I'm not waiting for handouts from Bruce Max Royle).

Posted November 28, 2017 12:02 am
By SHELDON GARDNER sheldon.gardner@staugustine.com
14 apply for St. Augustine Beach Commission slot

Fourteen people are vying to fill a seat on the St. Augustine Beach city commission that opened when Gary Snodgrass resigned on Nov. 6, citing a workload that he could no longer handle.

Whoever gets the spot will be able to serve the rest of his term, which will expire Dec. 31, 2018.

Candidates include a former commissioner and current members of the Comprehensive Planning and Zoning Board.

The deadline to apply for the post was Nov. 22, and commissioners will interview candidates on Dec. 4 and could fill the seat at that meeting, City Manager Max Royle said.


“It may take the entire meeting to interview the candidates,” Royle said, adding that other meeting items can be continued if needed.

City Charter calls for commissioners to choose a replacement by Jan. 5 or have a special election, Royle said.

If needed, a special primary election is estimated to cost $16,190, according to Supervisor of Elections Vicky Oakes. A special general election is estimated to cost $16,390. Early voting, which is optional, would cost $1,000 per day, per election.

To be considered, candidates have to participate in the Dec. 4 interview and also must be registered voters of St. Augustine Beach who have been residents since Nov. 1, 2016, according to the city.

The following is a summary of candidates, based on their letters of interest and resumes provided to the city:

• Rose Bailey was a vice president and regional loan manager over three states for PNC Bank. After retiring, she worked as a mortgage broker and processor.

• David Bradfield’s background includes real estate and development, and he has served on the planning and zoning board. Jane West, the board’s chair, submitted a letter of interest on behalf of Bradfield. (According to Royle, commissioners can decide whether her letter was OK in place of a letter from Bradfield.)

• Patricia Gill, a city resident for more than 20 years, has served on the beach planning and code enforcement boards. She’s also worked in higher education, holding both teaching and administrative positions.

• Jeffrey Holleran, a beach planning board member, has created and led several local businesses.

• James Kaye has about 40 years’ experience as a family physician and was the medical examiner of Ocean County, New Jersey. He’s lived in St. Augustine Beach for nine years.

• Kevin Kincaid, who came to St. Augustine Beach after retirement, worked from 1979 until his retirement in 2008 for the fire department in Fairfax County, Virginia, in both firefighting and administrative positions. He also has experience as a medical escort.

• Patricia Wittman Kreis has lived in the city since 2012. She works for Dell Technologies and has worked in technology for more than 30 years.

• Michael Longstreet, a former beach commissioner, has lived in the city for 23 years. He has also served on the city’s beautification advisory committee.

• Roberta Odom, a realtor, serves on St. Augustine Beach’s planning board.

• Tom Reynolds, a stay-at-home dad of two sons, bills himself in his letter as a “government watcher.” His most recent employment includes commercial pickup and delivery driver, though he’s had experience in other industries.

• Dylan Rumrell is the owner of two businesses, Ancient City Brewing and Southern Cross Consulting Company.

• Donald Samora, a beach resident since 2010, is a business owner.

• Ernesto Torres, who has served in the military for about 30 years, is on the city’s Code Enforcement Board.

• Kay Watkins is a U.S. Navy veteran and former hospital laboratory scientist. She retired in 2016 from the Naval Hospital Jacksonville as an off-shift supervisor.


1 Comment
Edward Adelbert Slavin · 

1. Fourteen applicants. One in every 398 registered voters. People know SAB's government is dysfunctional. They want reform. Now.
2. SAB Commissioners need to require financial disclosures and background investigations.
3. One candidate, David Bradfield, apparently took a vacation in Costa Rica, hired a lawyer and had her file a firm resume for Design Build Logistics, LLC, a company that lost its Florida corporate charter in 2010 for failure to provide renewal paperwork.
4. Neither David Bradfield nor his lawyer, Jane West, complied with the City's posted requirement that candidates provide a letter of interest, explaining their interest in the job.
5. Bradfield is former SAB PZB Vice Chair. His lawyer is SAB PZB Chair Jane West. Their inattention to detail and failure to follow instructions is disqualifying.
LikeReply18 mins

Florida DEP Secretary Denies Oil Drilling Permit in Everglades (Politico)

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Three cheers!



DEP secretary rejects judge's recommendation, denies Everglades oil drilling permit



TALLAHASSEE — A state agency chief on Monday issued an order denying a permit for oil drilling in western Broward County, despite an administrative law judge's recommendation that the permit be issued.

Judge Gary Early in October said evidence from a hearing in May showed the risk to the Everglades and regional water supplies from oil drilling was insignificant. He recommended the Florida Department of Environmental Protection reverse itself and issue a permit to the Kanter family for an exploratory well west of Miramar.
But DEP Secretary Noah Valenstein wrote Monday that his department had not issued a permit for oil and gas exploration in the Everglades since 1967. And he noted the Legislature, in adopting the Everglades Forever Act in 1991, designated the drilling site as being within the boundaries of Everglades restoration.
"The Florida Department of Environmental Protection is committed to protecting Florida’s one-of-a-kind natural resources, including the environmentally sensitive Everglades, and administering Florida’s environmental laws," DEP spokeswoman Dee Ann Miller said. "After careful review and consideration, DEP today executed a final order denying Kanter Real Estate’s application for a drilling permit in the Everglades."
John Kanter, president of Kanter Real Estate LLC, said he was "very disappointed" with DEP's decision.
“After hearing all of the evidence during the trial, an impartial Judge concluded the facts and the law were clearly in favor of issuing both permits," he told POLITICO Florida in an email. "We will be assessing our options and take a suitable course of action to protect our property rights in the face of today's decision by the DEP Secretary to ignore the findings and recommendation of impartial and unbiased Judge"
The family sought to drill on five acres within 20,000 acres that the family owns in an area designated as Water Conservation Area 3 near Everglades National Park. The proposed well would be dug 11,800 feet deep at the site located 5.3 miles west of U.S. Highway 27.
DEP officials testified in May during an administrative hearing in Tallahassee that drilling would pose a threat to surface waters and the aquifer that supplies drinking water to Southeast Florida.
But Early wrote in his recommended order that the area called "the Pocket," with existing road access, "is hydrologically isolated from both surface and groundwater and is environmentally degraded and overrun with cattails." 
DEP's lawyers, in exceptions to the recommendations filed on Oct. 25, said the Kanter family had given up most "beneficial uses" of the property through a water flow easement provided to the state in 1950.
But in their response filed with the department secretary on Nov. 6, the Kanters said the DEP lawyers did not cite any statute or case law to support their argument that there was a length of time required for a property owner to drill.
"It does not matter that there is a flowage easement over the property," the family wrote in response. "What matters is that that flowage easement did not restrict the fee owners' ownership rights, in particular those to drill for oil at the proposed project site."

Florida lawmaker’s former company used Manafort to pitch Russian-developed technology to U.S. government (Politico)

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Russian money flowing into America is having a corrupting effect.  Wondering how many Russian companies have been investing in local development projects in St. Johns County and St. Augustine?




Florida lawmaker’s former company used Manafort to pitch Russian-developed technology to U.S. government

(Politico)

TALLAHASSEE — Paul Manafort’s Russian ties have cast a broad shadow over a Trump administration under investigation, but the longtime Republican powerbroker also has a little-known connection to a Florida politician that also runs, in part, through Russia.
Florida House freshman Don Hahnfeldt ran a company in the early 2000s that hired Manafort — President Donald Trump’s former campaign chief who was recently indicted — to try to sell Russian-developed nuclear containment foam to the U.S. Energy Department. At one point, a Manafort-directed company bought more than 2 million shares of company stock.
The story of the now-defunct, Virginia-based EuroTech Ltd. doesn’t just involve Russia — it’s also ingrained with other obscure plot elements worthy of the silver screen, including officials with known ties to the mafia and an untraceable cash flow from Cayman Island investors, according to thousands of pages of regulatory filings.
The documents underscore the reach of Manafort’s business and lobbying network — even into the orbit of a low-profile Florida state lawmaker, who was then in private industry. None of the EuroTech connections link to special counsel Robert Mueller’s investigation into Russia’s interference in the 2016 election.
Hahnfeldt, a Villages Republican whose 32-year Navy career included commanding nuclear submarines, said he was hired by EuroTech to help get the company’s most promising product, a Russia-developed nuclear containment foam tested at the Chernobyl nuclear disaster site, to market. Hahnfeldt, who was with the company from 1999 to 2003, said that never happened, but stands behind the product’s effectiveness.
A big part of the company’s strategy was lobbying for federal contracts with former President George W. Bush’s Energy Department. And that’s where Manafort, a longtime political operative and lobbyist, came in.
“He knew a lot of people,” Hahnfeldt told POLITICO. “We used him as a contact with the administration to try to promote the product, and get us access to the administration.”
Manafort’s firm — Davis Manafort — signed two separate one-year consulting agreements with EuroTech covering 2000 and 2001. During that time, Hahnfeldt was president and CEO of the company, and his name appears on the contracts. He said Manafort came in after much of the work with the Russians was complete. Manafort’s focus, Hahnfeldt said, was opening doors in the federal government.
“He helped us get some meetings,” he said of his former company’s work with Manafort, “but it was never as successful as we would have hoped.”
A copy of the 2001 contract reviewed by POLITICO showed that Davis Manafort was paid $300,000 and 4 percent of sales tied to the agreement. Manafort was never a registered lobbyist for the company, according to federal lobbying records. 
Manafort went on to chair Trump’s successful 2016 presidential campaign. As it became clear the Russian government was interfering in U.S. elections, Manafort’s past work for politicians in Ukraine supportive of Russian President Vladimir Putin, and Russian financial ties, came under scrutiny. He is now facing a 12-count federal indictment, including conspiracy to a launder money, as part of Mueller’s investigation into the Russia’s involvement in the 2016 election.
The name of one of the offshore companies in the alleged Manafort money laundering network outlined in the Mueller indictment was John Hannah LLC. Its name is a near match to John Hanna LLC, a company that bought 2.5 million shares of EuroTech stock in 2001, when Manafort was a director, records show. 
“The principals of John Hanna, LLC are the same persons who are the principals of Davis Manafort LLC, one of our consultants,” read SEC filings outlining the sale.
Hahnfeldt said he does not remember the stock sale or John Hanna LLC’s direct involvement with the company.
On the same date as the John Hanna LLC stock sale, 500,000 EuroTech shares were bought by another notable investor: Julius Nasso.
Nasso is a movie producer who in 2004 pleaded guilty to charges related to using his ties to the Gambino crime family to secure money owed to him by Steven Seagal, the action star and former Nasso business partner. Nasso served more than a year in prison.
Manafort’s firm and Nasso both purchased and sold EuroTech stock the same day. They collectively sold 1.5 million shares of stock in September 2001, two months after the original purchase, to “three individuals and one corporation,” according to SEC documents that don’t name the recipients.
The sale came during a year Manafort and Nasso would become business partners. In January 2001, Nasso helped launch Manhattan Pictures Intl., a Manhattan movie distribution company. The partnership helping build the company included “media and political strategist Paul Manafort of international business/financial company Davis Manafort,” reported Variety, a trade publication covering Hollywood and the movie industry.
Hahnfeldt, a 73-year-old former Sumter County Commissioner, said he had no direct contact with Nasso.
During two interviews, Hahnfeldt repeatedly said he did not deal with company finances, referring such questions to Chad Verdi, who was chairman of the board when John Hanna LLC purchased EuroTech stock. Attempts to reach Verdi through a movie production company he later founded were unsuccessful.
Several former company officials contacted by POLITICO either did not return requests seeking comment or said they did not have any direct knowledge of Manafort’s work.
During Manafort’s time consulting with the company, EuroTech did make some progress, including “substantial discussion” with officials at several Energy Department test sites and laboratories, and “had numerous meetings with DOE staff at their headquarters in Washington, DC and Germantown, MD,” according to documents EuroTech filed with the SEC.
The tests and initial positive feedback from federal officials gave EuroTech momentum after 2001. But it never got a foothold in the Energy Department. 
The cash-strapped company fell well short of its $5 to $10 million in revenue for 2001 because of “overly optimistic” projections and the federal government’s changing priorities after the Sept. 11 terrorist attacks.
Russian roots
EuroTech was founded in 1995 as a “technology transfer” company that aimed to, in part, to commercialize “previously ‘classified’ technologies … developed by prominent research institutions and individual researchers in the former Soviet Union and in Israel.” Its initial goal was to sell those technologies in Central Europe, Ukraine, Russia and North America.
The company was founded with a four-person board led by president and CEO Randy Graves, a former computer developer and former longtime NASA official. Most of the founders were out by January 1998, when a new board was put in place, including Chairman James Watkins, who had served as President George H.W. Bush’s Energy secretary. 
Though the company’s focus would later turn to selling its products to the U.S. government, in its formative years, it had a broader business portfolio. That included, among other things, working to build parking garages in Moscow, one of its earliest Russian business ties. 
“I was working with the Kurchatov Institute in Moscow and it was a very interesting time,” he said. “That is probably how, or why, a struggling company like that was struggling in the United States was able to get the strategic rights to a technology like that.”
Hahnfeldt said his work with the institute is likely what helped EuroTech get the rights to the company and approval to transfer it to the United States.
In SEC filings, between 2000 and2002, company officials pitched an optimistic tone. Though it never met revenue expectations, company filings spoke of high expectations tied to things like being able to demonstrate a handful of its products, including the nuclear containment foam, at Energy Department test sites. That positive tone ended in its 2003 annual report filed with the SEC. Company officials highlighted successful tests, but noted they were not getting the company any revenue.
The company continued to operate until 2006, but by 2003 its most active days were behind it. It was the final year EuroTech filed an annual report with federal regulators.
Cayman Island cash
On its final SEC annual report, EuroTech outlined the $35 million in revenue it brought in from various sources since its inception. By far the biggest portion — $25 million — came from a Woodward LLC, a Cayman Island-based company of which little is known.
The company is tied to David Sims, who signed EuroTech regulatory filings along with Navigator Management Ltd., another Cayman Island-based company he controlled.
In 2003, while Sims was still involved with EuroTech, federal prosecutors said he was involved in a scheme to illegal “short selling” stock of Sedona, a Pennsylvania company, which filed a $2.6 billion federal lawsuit that was later settled. 
Federal court documents filed by Sedona’s attorneys tied Sims to more than 50 offshore companies, and outline his involvement in other federal lawsuits.
“Sims is a known participant in illegal stock sales and stock manipulation schemes, who is also involved in Internet Law Library, Nanopierce and numerous other cases pending in the Southern District of New York,” read the lawsuit. 
Sims never faced charges or SEC sanctions tied to the case.
Hahnfeldt said he remembers nothing of Woodward LLC, the offshore entity that provided roughly 70 percent of EuroTech’s working capital.
He again stressed that Verdi, the former company chairman-turned-movie-producer, handled the financial side, and said it was his job to oversee company operations.
“It was my role to try and take a strategic Russian technology and get approval for its transfer to the United States, and I’m pleased we were able to do that,” he said. 

Medical malpractice records battle brews -- GrayRobinson tortfeasor lobbyist tries to amend our State Constitution (NSoF)

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Lobbyist TIMOTHY M. CERIO, GrayRobinson lawyer and former General Counsel to Florida Governor RICHARD LYNN SCOTT, wants to carve his initials in our Florida Constitution.

CERIO and other louche lobbyists for Florida's tortfeasor and malfeasant hospital lobby is looking for ways to put their thumbs on the scale of justice -- they want to carve their initials into our Florida Constitution.

Fat chance.


Medical malpractice records battle brews



TALLAHASSEE — Florida voters next year could be asked to once again dive into a never-ending tug-of-war over medical malpractice lawsuits.
Voters more than decade ago overwhelmingly agreed that what are known as “adverse medical-incident reports” should be made available to patients, but now there’s a move underway in Tallahassee to limit access to them.
Tim Cerio, a member of the state Constitution Revision Commission and former general counsel to Gov. Rick Scott, has filed a proposal that would amend the state Constitution to place limits on what types of records could be used in lawsuits filed against doctors, hospitals and other health-care providers.
The proposal crafted by Cerio, who works for the politically connected law firm of GrayRobinson, would make it clear that access to adverse medical-incident reports does not “abrogate attorney-client communications or work product privileges for patients, health care providers, or health care facilities.”
Moreover, the amendment would exclude from adverse incident reports documents that are “protected by federal laws or regulations relating to patient safety quality improvement.”
Cerio said he doesn’t want to thwart the public’s access to the records, which play a key role in medical malpractice cases, and said he is considering altering his proposal to narrow it.
Voters in 2004 approved a constitutional amendment, Amendment 7, that gave patients the right to have access to records of health-care providers’ adverse incidents.
The Constitution Revision Commission, which meets every 20 years, can put proposed constitutional changes directly on the 2018 ballot. Cerio’s proposal on adverse-incident reports is one of dozens the commission will consider during the coming months.
Cerio maintains recent Florida court rulings have broadened the initial intent of Amendment 7 to the point where it now interferes with hospitals’ abilities to prepare for litigation.
“There has been a stream of cases that have expanded basically the impact of Amendment 7 and created an ability for litigants to get at information that was not intended,” he said. “Attorney-client work product is sacrosanct, and for the courts to expand that, I think, is not a good reading of the original intent of Amendment 7.”
The Florida Supreme Court this year issued opinions in two cases related to the public’s right to the information.
In October, the Supreme Court overturned a decision by the 2nd District Court of Appeal that would have allowed Bartow Regional Medical Center to avoid turning over records that were prepared — at the request of the hospital’s counsel — outside of the ordinary peer-review process and in anticipation of litigation.
Writing for the Supreme Court majority, Justice R. Fred Lewis said that “the result asserted by Bartow would provide a trap door through which hospitals could totally avoid their discovery obligations by outsourcing their adverse medical incident reporting to external, voluntary risk management committees separate from those required by the Florida statutory scheme.”
In January, the Supreme Court held in a separate case that a 2005 federal patient-safety law did not shield Baptist Health System in Jacksonville from turning over adverse medical-incident reports. The hospital appealed the ruling to the U.S. Supreme Court, which declined to take up the case.
Lobbyist Jan Gorrie, who represents hospitals, said patient safety transcends all other issues and given the U.S. Supreme Court’s refusal to hear the Baptist Health case, now is the time to reconsider the information that should be available to patients and prospective patients under Amendment 7.
“If your institution didn’t do something right, you want them to take a serious self-examination, which to some degree won’t happen if they don’t have these processes protected,” said Gorrie, with the Ballard Partners firm.
Medical malpractice has long been a highly contentious legal and political issue. On one side of the debate are medical providers and insurance companies, which have tried to limit the ability of injured patients to sue. On the other side are trial attorneys who oppose attempts to limit access to the courts.
At the behest of then-Gov. Jeb Bush who declared there was a medical-malpractice “crisis,” the Legislature in 2003 passed a number of changes meant to limit lawsuits that could be filed against providers.
Moreover, the legislation, which Bush signed into law, also placed limits on the amount of money injured patients could collect in malpractice cases for pain and suffering.
The law, though, fell short of what the medical community and insurance companies sought and was more restrictive than what trial attorneys wanted. Dissatisfied, both sides pushed proposed constitutional amendments in 2004.
The Florida Justice Association, made up of trial lawyers, backed two proposed constitutional amendments that year; Amendment 7, which gave patients a right to adverse medical-incident reports, and Amendment 8, which prohibited physicians who have been found to have committed three or more incidents of medical malpractice from being licensed to practice in Florida. Amendment 7 passed with 81 percent approval, while Amendment 8 was approved by 71 percent.
Amendment 3, supported by health-care providers, capped the amount of money attorneys could collect in medical malpractice cases. It passed with nearly 64 percent approval.
Jacksonville appellate attorney Bryan Gowdy called Cerio’s proposal a “pretty obvious attempt to diminish the right of patients to access adverse medical-incident reports.”
Gowdy agreed with Cerio that there’s been a “history of litigation” since Amendment 7. But unlike Cerio, Gowdy maintained that the Florida Supreme Court’s decisions have been accurate.
“Every effort has been made by the hospitals to resist and thwart implementation of Amendment 7,” said Gowdy, with the law firm, Creed and Gowdy. “Now they are trying to go back and rewrite it.”

Sending out an "SOS" for PATRICK FRANCIS McCORMACK, St. Johns County Attorney

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St. Johns County Attorney PATRICKK McCORMACK
(SAR)
President of the Florida County Attorneys Association
Dupey, deceitful developer puppet and former Navy Captain PATRICK FRANCIS McCORMACK deserves an "SOS" for his louche lackey lackadaisical style:

Syc·o·phan·tic behaving or done in an obsequious way in order to gain advantage.

Ob·se·qui·ous obedient or attentive to an excessive or servile degree.

Ser·vile having or showing an excessive willingness to serve or please others. 


H/T to Tom Reynolds.

St. Johns County Attorney PATRICK FRANCIS McCORMACK 
(HCN Photo)
President of the Florida County Attorneys Association



Camden, NJ Monument to Where Slaves Were Sold

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St. Augustine, Florida is struggling with contextualizing two Confederate veteran monuments. We need to do this at Government House and the Slave Market, and wherever lynchings and other hate crimes were committed.




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Derek Davis, the great-great-grandson of Henry Mathis, a slave born in 1853 in Greenville, Ala., and sold in Camden, N.J., unveiling a slave trade marker in Camden on Monday. CreditMark Makela for The New York Times 

CAMDEN, N.J. — It is a small marker, a cast-iron sign proclaiming in large gold letters the weight of America’s original sin: “Enslaved Africans Once Sold Here.”
The sign was unveiled on Monday in a park here, where the waters of the Delaware River once reached and where overcrowded ships arrived carrying people from Africa to be sold off as slaves.
“It means so much to me that folks get this truth,” Senator Cory Booker, a Democrat from New Jersey, told the audience during a ceremony. “Slaves were sold. Right here. It’s part of our history. It must be remembered.”
The ceremony was organized by the Middle Passage Ceremonies and Port Markers project, which has been working for seven years to place markers at locations where Africans arrived in the United States and were sold into bondage. So far, 50 locations have been identified from Maine to Texas, according to the group. Of those, markers have been installed at 17 sites.

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Maxim Moore, 4, holding a photograph of Mr. Mathis, his great-great-great grandfather.CreditMark Makela for The New York Times 

The three cast-iron markers that will be placed in Camden are the first to be installed since the deadly protests in Charlottesville, Va., last summer, which sparked a national debate over whether Confederate monuments on public display should be removed.
“Over the summer, so many of us remember watching TV and Charlottesville,” said Representative Donald Norcross, a Democrat, who also spoke at the ceremony. He quoted a line attributed to Heather Heyer, the woman who was killed during the protests in Charlottesville: “If you’re not outraged, you’re not paying attention.”
Continue reading the main story
Derek Davis, a member of the board of the Camden County Historical Society, recalled being moved to tears by a speech Mr. Booker delivered shortly after the violence in Charlottesville in support of a bill he introduced to remove Confederate monuments from the halls of Congress.
Mr. Booker said the markers in Camden were especially important “at a time when people are trying to bring about revisionist history, they’re trying to take treasonous traitors and elevate them to high pedestals in our time, and try and tell a different truth — a lie — about our past.”
The markers here are the first to be placed by the Middle Passage project in New Jersey, which was the last state in the North to emancipate slaves before the Civil War. More than 800 slaves arrived along the Camden waterfront, according to the Camden County Historical Society, and New Jersey at one point had as many as 12,000 slaves. The first marker was placed at a site formerly known as Cooper’s Ferry.
For some at the ceremony, the markers were a counterpoint to Confederate monuments, whose presence has been denounced as paying tribute to those who defended and perpetuated slavery. The markers, according to the Middle Passage project, shine a light on the perseverance of an enslaved people against a brutal system.
“Personally, it is about the commemoration of ancestors,” said Ann Chin, the executive director of the Middle Passage project.
The project, a nonprofit established in 2011, has been using written evidence to identify places where Africans were brought to this country through the Middle Passage.
Like other marker ceremonies elsewhere, the one held here included local officials and historians, prayers from different faiths, singing “Lift Every Voice and Sing” and a libation, the ritual pouring of a liquid to commemorate the moment. Members of Native American tribes were asked for permission to place the marker in an area that was their ancestral home.
Students from a nearby school rose one by one to read the names of every country in Africa and then placed a flower in a basket that would be floated down the river, a tribute to the 12 million who died during the Middle Passage.

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Senator Cory Booker at the ceremony for the sign’s unveiling. Mr. Booker introduced a bill to remove Confederate monuments from the halls of Congress. CreditMark Makela for The New York Times 

“Democratic Republic of the Congo,” began the first student.
“Ase,” the crowd responded, uttering a West African expression meaning “and so it is” or “amen.”
Every country was recited, Ms. Chin said, because many African-Americans do not know where their ancestors were taken from.
The ceremony began with a poem, titled “Camden Slave Block,” read by Sandra Turner-Barnes, another member of the historical society’s board.

“Much more than merely flesh and bone was paraded and sold here upon this stone,” she said. “The hearts and souls of our African nations, the hopes and dreams of our future generations valued less than cattle or other livestock, purchased right here on Camden slave block.”
She finished her poem with a call for healing. Mr. Booker lead the audience in a standing ovation, as Ms. Turner-Barnes made her way to her seat, wiping away a tear and patting her heart.

SCOTUS Preserves Florida's ban on open-carry weapons

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U.S. Supreme Court rejects challenge to Florida’s ban on open-carry









TALLAHASSEE — The U.S. Supreme Court on Monday refused to take up a challenge to a Florida law that bars people from openly carrying firearms in public, ending a case that started nearly six years ago when a man was arrested in St. Lucie County.

The U.S. Supreme Court, as is common, did not explain its reasons for declining to hear the case. But the move effectively let stand a Florida Supreme Court ruling in March that said the open-carry ban did not violate the constitutional right to bear arms.

The plaintiff in the case, Dale Norman, was arrested in February 2012 as he openly carried a gun in a holster. Norman, who had a concealed-weapons license, was found guilty of a second-degree misdemeanor, with a judge imposing a $300 fine and court costs, according to court documents.

Backed by the Second Amendment group Florida Carry, Norman challenged the constitutionality of the state’s longstanding ban on openly carrying weapons. But the state’s 4th District Court of Appeal and the Florida Supreme Court ruled against Norman, leading him to go to the U.S. Supreme Court.

In a petition filed with the U.S. Supreme Court, Norman’s attorneys pointed to major rulings in Second Amendment cases from Chicago and Washington, D.C., and argued that the right to openly bear arms exists outside homes.

“The Second Amendment provides in part that ‘the right of the people to keep and bear arms, shall not be infringed.’ This guarantees not only the right to `keep’ arms, such as in one’s house, but also to `bear arms,′ which simply means to carry arms without reference to a specific place. When the Framers intended that a provision of the Bill of Rights related to a house, they said so,” said the petition, filed in July and posted on the Florida Carry website.

But attorneys for the state wrote in a brief that the ban does not violate Second Amendment rights, as people can carry concealed weapons if they have licenses.

“This (U.S. Supreme) Court has never held that the Second Amendment protects a right to openly carry firearms in public, and the reasoning set forth in pertinent caselaw supports the proposition that states fully accommodate the right to bear arms when they make available to responsible, law-abiding citizens some meaningful form of public carry,” the state’s brief said. “That is precisely what Florida has done here. Thus, Florida’s law is valid under any arguably applicable analytical framework.”

State lawmakers have proposed measures that would allow people with concealed-weapons licenses to openly carry firearms, but the proposals have not passed. Senate Judiciary Chairman Greg Steube, a Sarasota Republican and prominent gun-rights supporter, said this month he did not plan to file such a measure for the 2018 legislative session, which starts in January.

Dan Gelber, New Miami Beach Mayor Wants Inspector General, Scrutiny of Drainage Plans (Miami Herald/NPR)

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New Miami Beach Mayor Daniel Saul Gelber wants an Inspector General and close scrutiny of plans to cope with ocean level rise. A former prosecutor, former Democratic candidate for State Attorney General and former Akerman Senterfitt lawyer, Daniel Saul Gelber has the right skills to combat corruption in his hometown, where his father, 98, was once mayor.


Miami Beach Mayor Dan Gelber Faces Challenges Ahead; NPR Host Peter Sagal Promotes His Play 

  NOV 27, 2017 
Miami Beach residents can expect a low-key  style from Gelber, who understands the intricacies of policymaking and knows the influence the mayor can have in the city. Gelber has a very different style than his predecessor, Phillip Levine, who has officially launched his run for governor.
The upcoming challenges for the mayor center around resiliency and sea-level rise, as well as the issue of affordable housing in the Miami Beach area. The mayor is also keen on adding an inspector general for the city, an investigative official who will detect fraudulent activity at City Hall.
Mayor Gelber answered callers' questions and concerns. 
Peter Sagal, host of NPR’s news-related game show "Wait, Wait Don’t Tell Me," is also a successful playwright. Sagal is promoting his new play, Most Wanted, showing at Florida Atlantic University’s Theater Lab as part of the Playwright's Forum, from Nov. 30th through Dec. 17th.
The play was written close to 20 years ago and remains virtually unchanged or updated since it was written.
"Most Wanted" is partially set in Florida. The plot revolves around Frank and Doris, a retired couple, who decide to take their granddaughter and make a run for it, ending in sunny Florida. The play is a comedy drawing on the conflict between parents and grandparents.
Sagal has written for NPR, the New York Times, the Chicago Tribune and Runner’s World Magazine. He’s been hosting "Wait, Wait Don’t Tell Me" since 1998.
You can hear the conversations with Dan Gelber and Peter Sagal on Monday’s program of Sundial. 



First priorities for Miami Beach’s new mayor: Limit city waste, challenge sea rise plans
BY JOEY FLECHAS
jflechas@miamiherald.com
NOVEMBER 07, 2017 08:41 PM

UPDATED NOVEMBER 08, 2017 08:39 AM


Dan Gelber, a former state lawmaker and son of former Miami Beach Mayor Seymour Gelber, easily won election to the mayor’s seat Tuesday.

He handily defeated three opponents with 82 percent of the vote in an election that was supposed to be more competitive. His only true competition, former commissioner Michael Grieco, withdrew from the election and eventually resigned from office amid a campaign finance scandal that led to criminal charges.

The victory marks Gelber’s return to elected office, but it’s also his first foray into municipal politics after serving in the Florida Legislature for a decade.

Gelber, 56, will step onto the pedestal being vacated by Mayor Philip Levine, who officially launched his run for governor last week. Though the mayor’s responsibilities are technically limited — the mayor serves as chairman of the commission and runs government meetings while the city manager runs the city’s day-to-day operations — Gelber will be sworn in to a position that Levine has purposefully built up into a high-profile job.

Levine was the loud agenda-setter who pushed his own public relations and whose policy goals projected an authority beyond what was afforded by his sole vote on the seven-member commission. Expect a style change with Gelber, a low-key politician and policy wonk who knows his top priorities from the outset.

He told the Miami Herald he wants to quickly add an inspector general for the city, an investigative official who would identify fraud and waste at City Hall. The new office would cast a critical eye on city spending and policies and recommend ways to improve the bureaucracy.

“I’d like to elevate the way we provide service to our constituents, and one of the ways to do that is to create an office of the inspector general,” he said.

An inspector general theoretically would prevent embarrassing gaffes such as the one that cost taxpayers $3.6 million last year. An audit found that a mismanaged finance department did not notice someone had plundered a city bank account, siphoning out the public money through more than a dozen electronic bank transfers over six months. Through settlement agreements, the city will recover all of the stolen money.

A consultant later identified dozens of problems with the finance department’s operations, including the fact that the city was a month behind on reconciling its bank accounts.

In the same vein, Gelber wants to bring in experts to challenge the city’s approach to combating tidal flooding exacerbated by sea level rise. The city is in the midst of a $500 million plan to install electric pumps, lay down new pipes and raise streets to properly drain the Beach’s roads.

Gelber wants to create a team of outside consultants to play devil’s advocate and challenge the city’s assumptions about its drainage program

“I want to make sure we get it done right,” he said.

On Tuesday night, he was surrounded by family — including the 98-year-old senior Gelber — and friends at the Shane Rowing Center in North Beach when results were posted. Hundreds attended.

At one point he looked at his father and recounted the elder Gelber’s public service as a judge and mayor.

“If I could just be a little bit of what you were, and what Mom was, I would feel very accomplished,” he said.

Gelber won outright in a field of four candidates who included real estate broker June Savage, marketing professional Daniel Kahn and information technology professional Kenneth R. Bereski II.

MIAMI BEACH MAYOR
24 of 24 Precincts

Dan Gelber: 82.41%

June Savage: 7.05%

Daniel Kahn: 5.83%

Kenneth R. Bereski: II 4.71%

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article183343151.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article183343151.html#storylink=cpy

Shamefully Biased Jim Sutton Editorial on St. Augustine Beach Commission Vacancy in St. Augustine Record newspaper

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St. Augustine Record Opinion Editor JIM SUTTON shows his ass, and his animus in an uninformed editorial about St. Augustine Beach Commission vacancy.

Do Sheriff DAVID SHOAR and State's Attorney R.J. LARIZZA own SUTTON -- or does he owe them --  as a result of their bungled handling of SUTTON's intoxicated driving wreck, involving alcohol, Ambien, a mailbox and a man on the hood of his car?








Beach: Prioritize what is right over who is right

So, Gary Snodgrass’ abrupt retirement from the St. Augustine Beach Commission has smoked out — count them — 14 candidates, all eyeing the single seat.

An editorial would normally begin with something like this: “It’s heartening to know that 14 citizens are willing to give up parts of their personal lives in order to make government fire on all eight cylinders in this modest beach town. Kudos to their sense of responsibility and stewardship.”
That, however, might not be altogether true. Fact is, there will be some candidates who may have ulterior motives for running. Paybacks might be one. Ego is likely another.
The remaining Beach Commissioners will, apparently, interview all the candidates in a regular meeting Dec. 4; likely ranking them on some sort of qualitative system, adding up the scores and picking a winner.
The other option would be to hold a special election to fill the seat. That would be the most egalitarian route to take. But it would cost money — around $35,000.
So the interviews will probably have to do.
There should be two questions the sitting commissioners ask each candidate. First, “What makes you qualified to lead this city?”
The second question may be more illuminating. We’d suggest the candidates spell out briefly — but precisely — why they want the seat in the first place. (Hint: giving back to the city that gave so much to you, probably won’t play in Peoria.)
The job doesn’t pay much. Beach commissioners take a lot of guff off the predominately colorful crowds that attend the meetings. If the crowd doesn’t start some kind of spat, it seems the duty of commissioners to fill in for them, by arguing among themselves. Finally, The paid insurance perk is dead, at least until the next time it comes up. So what’s the upside?
The dominant attribute that must be exhibited by a beach commissioner, historically speaking, is one of the four “Cs” — captious, contrary, cantankerous and contentious. It’s helpful to also have a background in linear physics — like how much is 35 feet.
Still, the candidate must be able to deliver the goods in an unassuming manner, with eye-rolls, bit lips, deep sighs and occasionally a cross word — at least while the camera is rolling. Some background or special talent in verbal pugilism is generally most helpful.
It’s not easy, and certainly not all of the candidates could qualify. For instance, Tom Reynolds has his four Cs down pat. But can he refrain from letting loose too early? We met Rose Bailey last year in endorsement meetings. She showed up with her own cameraman and entourage, compliments of the local Tea Party — which is OK — though she had some difficulty answering specific questions about beach issues, preferring to stand by her party’s national objectives — no government, no taxes, no, sir.
From where we sit, the ideal candidate would need to understand a few things. St. Augustine Beach is a beautiful town that nearly runs itself. Get out of its way. Its residents are predominately savvy professionals who feed its quality of commerce. They realize that the city is at, or slightly past, its quality of life tipping point. It’s getting too big for its board shorts. Commercial taxes do fill the coffers, but a balance needs to be met.
Bigger is no longer better. And the candidates who best articulate that understanding, their love for the town and their capacity for the stewardship of its great possibilities should make the short list.
If they show up in flip-flops, well, it’s just gravy.

Comments

Edward Adelbert Slavin · 

1. Shallow excuse for an "editorial" by Jim Sutton, who has repeatedly attacked activists.
2. When retired Record editors Margo Pope and Peter Ellis wrote editorials, the Record appreciated activitists and even praised some of us by name, making us blush.
3. But Jim Sutton is the exact opposite. In one-sided pro-establishment editorials, Jim Sutton has lauded praise on people who don't deserve it. He damned government watchdogs B.J. Kalaidi and Tom Reynolds as "hangers-on," misusing the term and abusing two dissenters, among the few who attend meetings gavel-to-gavel.
4. Jim Sutton has never attended a St. Augustine Beach City Commission meeting, to my knowledge.
5. Jim Sutton's angry attack on Rose Bailey and Tom Reynolds -- the two candidates I mentioned in my comment yesterday -- speaks volumes. Has Mr. Sutton unfairly attacked protected activity, just as he wrote about how his mentor did at Flagler College when Sutton was newspaper editor?
6. Sutton's 2016 St. Augustine Record editorial endorsement of Mayor Richard O'Brien deprived readers of informations on Mayor O'Brien's abuse of public office and unfairly mocked Ms. Rosetta Bailey.
7. On December 7, 2016, Circuit Judge Howard O. McGillin held O'Brien violated the First Amendment when he sought a stalking injunction against Mr. Reynolds.
8. Jim Sutton has never written a word of criticism of constitutional rights violations by political bosses, including Sheriff David Shoar.
9. Jim Sutton has never written about the Michelle O'Connell case. He's repeatedly rejected columns in which I mentioned the need for an investigation..
10. Jim Sutton once wrote a column attacking me as a "gadfly" and a "conspiracy theorist."
11. I've never met Jim Sutton, but I must now question his lack of intellectual integrity.
12. I hereby challenge him to a televised debate.
LikeReplyJust now

1000 blog posts so far in 2017

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The post below is the 1000th one for calendar year 2017.  Thanks for your support!

As Joseph P. Kennedy, Sr. said, "When the going gets tough, the tough get going!"

Venceremos!

In the South and North, New (and Vital) Civil Rights Trails (NY Times)

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Good article in the Times.  St. Augustine awaits promised aid to create a National Civil Rights Museum here.  We already have the Dr. Hayling office preserved as a museum, and dozens of sites on the ACCORD FREEDOM TRAIL:

ACCORD Freedom Trail Sites 

Phase I - Unveiled July 2, 2007
Phase II - Unveiled July 2, 2008
Phase III - Unveiled July 2, 2009 
* Presented by Beth Levenbach
** Jackie Robinson speaking at St. Paul AME Church on June 15, 1964 encouraging the demonstrators of the Saint Augustine Movement. and also Rev. CT Vivian is speaking at the Slave Market (begins at the 21:47 minute mark). Audio from Paul Good's Papers, Robert W. Woodruff Library, Emory University. Created 12/12/2005 for The 40th ACCORD, Inc. 









Photo

Little Rock Central High School, which will be included on the US Civil Rights Trail. CreditArt Meripol

Two years ago representatives from Southern state tourism departments gathered at Georgia State University to start work on what would become the nation’s first civil rights trail.
They knew their states were dotted with landmarks that commemorated significant events in the struggle for racial equality. In Arkansas, for example, there is Little Rock Central High School, where nine brave African-American students enrolled in an all-white high school. In Alabama the Tuskegee Airmen National Historic Site honors black pilots who risked their lives during World War II even as Jim Crow laws denied them rights at home.
While many sites were thriving on their own, some weren’t connected to one another, even ones nearby, said Lee Sentell, Alabama’s state tourism director. “No one had even done an inventory of civil rights landmarks,” he said. “They saw themselves as one-offs and didn’t realize they were part of a network.”
The group, under the umbrella of Travel South USA, decided to do something about it.
Along with research experts at the university, they made a list of 100 sites that seemed most significant. They linked them geographically, creating a map of how to get from one to another. The trail, called the US Civil Rights Trail, will be officially introduced to the public on New Year’s Day (the date is significant: On Jan. 1, 1863, Abraham Lincoln signed the Emancipation Proclamation).
The trail’s website will explain each landmark’s importance and feature interviews with heroes of the movement. The site also makes connections for visitors, showing how the events in one place affected those in another. For example, Bruce Boynton, a law student who was arrested for refusing to leave a whites-only restaurant in Virginia (a case later heard by the Supreme Court), was the son of the woman, Amelia Boynton, who invited the Rev. Dr. Martin Luther King Jr. to visit Selma and who helped plan the march from that city to Montgomery, Ala.
Continue reading the main story
“Hopefully when people hear about the civil rights trail, it will make them aware there are locations near where they are that changed the world,” Mr. Sentell said. “I’m just surprised this hadn’t been done earlier.”
In the last few years a loud debate has raged across the country over what to do with Confederate statues. While those arguments are focused on whether to tear down or remove monuments, other government officials, nonprofit groups and entrepreneurs have been more quietly constructing new ways to focus on the history of civil rights. Some efforts, like the US Civil Rights Trail, are intended to bring more attention to existing sites. Others are building new structures that better explain what took place in the past.
“These projects are positive spins on the social injustice, monument discussion happening in our country,” said Jeanne Cyriaque, a cultural heritage consultant for the Georgia Department of Economic Development. “They describe a people’s movement that is very much at the forefront today.”

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The Rev. Dr. Martin Luther King Jr.’s boyhood home in Atlanta, which will be part of a Georgia civil rights trail.CreditMike Fairbanks

She played a major role in helping the state of Georgia create the Georgia Civil Rights Trail, which will launch in April 2018, in time to commemorate the 50th anniversary — April 4 — of King’s death. This initiative, which will have its own website, printed maps and signage, will take visitors to lesser-known sites like the brick house in Grady County, where Jackie Robinson was born. Another stop is the First African Baptist Church in Savannah, one of the oldest operating African-American churches in North America, which has colorful stained glass windows depicting black church leaders like the Rev. George Liele, who organized First African Baptist in 1773.
“People already come to visitor centers and ask about the civil rights sites and where they can find them,” said Kevin Langston, the state’s deputy commissioner for tourism. “We expect some people will come to Atlanta for a meeting or convention, and they will seek out sites in the area. Other people who are intrigued by the civil rights movement might plan a trip to experience the whole thing.”
These projects are not just in the south. In 2016, New York State, in conjunction with the company Black Heritage Tours, began offering tours to teach visitors the hidden history of African, Native American and Dutch populations during colonization. The tours, which last from one to three days, go from New York City to Albany along the Hudson River. Stops include the easily missed Harriet Tubman Statue in Harlem; African burial grounds; and mansions owned by Dutch settlers who owned slaves. Visitors can see the basements, attics and kitchens where slaves slept.
L. Lloyd Stewart, a consultant for nonprofits and the author of the book “A Far Cry From Freedom,” went on one of the inaugural tours last summer with several other participants. “Americans can be very deficient in the history of their own country,” he said. “We don’t realize that enslavement began in New York State, and this tour gives you an idea about that. It gives you a picture of what life may have been like during that period.”
And they aren’t just trails and tours. In Montgomery, Ala., the first capital of the Confederacy, the nonprofit group Equal Justice Initiative has purchased six acres of land on which it is building a memorial to honor the victims of lynching. The National Memorial for Peace and Justice is expected to open in April 2018. The renderings are powerful; 800 columns, one for each county where lynchings took place, are suspended in the air like hanging bodies. The names of more than 4,000 victims are inscribed on them. (The idea is for each county to bring home a column as an acknowledgment of what occurred.)
The organization also plans to open a museum, The Legacy Museum: From Enslavement to Mass Incarceration.
In Jackson, Miss., the Mississippi Civil Rights Museum is scheduled to celebrate its opening on Dec. 9 with food trucks, live music, free museum tours and speeches by civil rights veterans. The museum includes eight galleries that explore the experience of African-Americans in Mississippi from the end of the Civil War until today.
In Nashville, one notable project is more entrepreneurial. Tom Morales, who owns the live-music venue Acme Feed & Seed, leased the historic building that once was the home of a Woolworth store where sit-ins occurred during the ‘60s and the civil rights leader John Lewis was arrested. He is turning the 16,000-square-foot space into a live music venue and restaurant called Woolworth on 5th that will pay homage to the civil rights movement. It is expected to open in January.
Mr. Morales said that the sit-in counter will be fully reconstructed and will look as it did in the ‘60s. The menu will feature African-inspired recipes and Southern comfort food. The music, spanning 1950 to 1979, will include different genres, including funk.
The most effective way he can honor the past, he said, is to be inclusive as possible. “The best thing we can do right now is create a place where anyone can come,” he said. “We are creating a welcome table that doesn’t ignore the past but salutes it and brings it into the future. We are going to serve great food and dance and invoke the strongest emotions of peace and fun.”

Continue reading the main story

Illegal Panama Hatties' Rebuilding Project Halted by City of St. Augustine Beach Building Official

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The St. Augustine Record newspaper has reported that Panama Hatties' is being rebuilt.  The developer's plans have been rejected for reconstruction of the decrepit building, purchased by South Florida interests for $4.2 million, above market value.

St. Augustine Beach City Planning and Building Director Gary Larson has rightly rejected plans for remodeling of Panama Hatties.

St. Augustine Record developer fanboy STUART KORFHAGE omitted this detail from his laudatory article about the "really cool building" the South Florida purchaser plans, resembling Salt Life Food Shack restaurant.  Developer fanboy STUART KORFHAGE once again fails to hold a developer accountable.  Does he work for readers or for developers?

More parking is required because more seating is requested, Mr. Larson writes.

First, a confirmatory e-mail from Mr. Larson on his ruling, sent earlier this morning in response to my Open Records request Number 2017-6; then the St. Augustine Record article and one from 2002:

Mr. Larson's e-mail:

RE: FEMA 50% Rule

Well aware  of  requirements.  At this time,  the plans  for re-model   have been  denied  by the City  due to  wanting to expand   outside  seating to the North  upper  wing without  additional  parking.  Where this  is at   now,   there  is  extreme structural issues  with what was there.  The  South  wing  is  built on railroad  ties  in the ground.  The  North wing  has  rotted  timbers   in the  ceiling.  Found in the interior  after  drywall  was  removed,   openings  cut  everywhere,   hollow   concrete  block columns  holding   ceiling  and  upper  level  members.  When a  total  damage assessment is made,  new  plans will be  required.   The  owners have been  advised,  consider   placing the facility  on pilings  for additional  parking  underneath.   The    finished floor  is  also 1.3  feet  below  the require  10 foot elevation  that needs to be addressed.   Most  likely,  they will have to come before the P & Z  for  a  concept  review and  final  development order issued  for the facility.  They  can also    request a  variance for  parking.  Will keep  you  advised  as  this issue   unfolds. 

Now here's the Record's incurious article by fanboy Stuart Korfhage:


Panama Hattie’s in midst of major renovation, to be completed in spring

One of St. Augustine Beach’s iconic dining spots is in the process of getting a serious renovation.
Construction crews have been working since September to dismantle parts of Panama Hattie’s on A1A Beach Boulevard. This week, the demolition phase is going to get even more intense as crews remove more of the building as they clear it to the original structure from the 1940s.
Construction superintendent Jon Berthiaum of GK Development Group said the restaurant will have a new look by the time construction is completed in the spring of 2018. He said it will look more like its neighbor Salt Life Food Shack, which opened in 2013.
“It’s going to be a super cool building,” Berthiaum said.
The new restaurant is expected to have a “state of the art” kitchen and more seating on the second floor.
“We’re excited about the renovation of this St. Augustine Beach landmark,” said Alex Mavris, part of the ownership group.
“Our upgraded new look will complement the recent improvements and developments here on the beach.”
With two hurricanes hitting the area in the last two hurricane seasons, Berthiaum said the improvements will also leave the structure better suited to handling storm conditions.
Although the restaurant is closed while undergoing such extensive changes, there are still many who are visiting the site for nostalgic reasons.
Berthiaum said he wonders how many couples met or became engaged at the restaurant, which had great views from the second-floor deck. He noticed that many people seem to have a sentimental attachment to the old place.
While workers have been doing their demolition work, they’ve had to keep visitors from entering the site — more for safety reasons than anything else. Berthiaum said a lot of longtime patrons have been looking for a piece of the building to snag as a souvenir.


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Rose Centamore Edwards
So sad it isn't going to keep that old homey feeling that it had when you walked in there. Dressing it up like Salt Life is not impressive. Always had an elderly crowd at the bars, up and down. That place to gather and throw the bull. Walking into Salt Life makes you feel like you should be wearing that little black evening dress. Only been there like twice. Panama Hattie's on the other hand with their great food and comfortable look was the place we went to very often. So sad they are turning into a NY night club.
LikeReply9Nov 28, 2017 7:39am
Tom Jones
You said it all. NY nightclub 😠. REAL locals cant even have one decent place to hangout.
LikeReply4Nov 28, 2017 10:11am
Dennis Gunter
Rose Centamore Edwards and All. Fear not. Panama Hatties is not turning into a NY night Club. We are keeping a lot of the original feel of Panama Hatties with a fresh look on the inside and out and it will not look like Salt Life. Be patient and know that the owners value the local clientel and want to keep that casual fun feeling with great food and drinks at a grreat price.
LikeReply3Nov 28, 2017 10:41am
Jennifer Rice · 
The article said it's going to look more like Salt Life. Make up your minds.
LikeReply2Nov 28, 2017 11:15am
Slate Creek · 
Let’s just hope the next storm doesn’t destroy the new building.
Ruth Hill · 
I'm happy to see the changes. The floor always looked filthy! Just appalling. many newer surfaces are easier to keep clean.
Sherry Hutchins · 
The old place was totally disgusting; the new place will look disgustinting. I, for one, am disgusted.
LikeReply3Nov 28, 2017 8:54am
Eve Slaven
Got Diarrhea 🤮 @ Salt Life 👎🏾
David Cash
It needed a serious renovation. It had become run down and filthy. Anything will be an improvement.
Dru Nugent
Glad you are updating and wish you the best in this new endeavor. Looking forward to seeing the improvements.
Linda Kay Sanchez · 
Works at Retired
Not happy that it will not be the homey feeling that all of us locals have had for years. We don't need another Salt Life. If people want to go to Salt Life, let them go there. Why do we have to have a duplicate. Your local people are your bread and butter. They are the ones who make your business work. I'm not against the renovations as they were needed, but we don't need a fancy place.
Geoff Timm · 
They should package pieces in blocks of transparent plastic and sell to defray costs. Should be able to get a deal from one of the tourist token shops. Geoff Who never studied marketing...I'd been rich...!
LikeReply18 hrs
Edward Adelbert Slavin · 
City of St. Augustine Beach rejected the plans, as confirmed in November 30, 2017 e-mail from building official Gary Larson. More seating requires more parking.

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2002 Record article about demolition plans then:

Panama Hatties to pour its last drink Monday
PETER GUINTA
Senior Writer
Published Saturday, September 28, 2002
ST. AUGUSTINE BEACH -- Panama Hatties, a 6,500-square-foot restaurant at 361 A1A Beach Blvd., closes for good Monday night.

But, be forewarned -- Don't miss this going-away party!

The farewell is scheduled for Monday from 3 p.m. to 10 p.m. A free buffet will be offered and there will be "deeply discounted" drinks, said Ed Farley of Farley Development, St. Augustine Beach.

He heads a group of investors that bought Panama Hatties this week for an undisclosed sum. The new company is named Sandcastle of Anastasia LLC.

"We just want to move the liquor out," he said. "That should be some party."


The 200-seat restaurant, constructed in 1958, and its .8 acre are appraised at $2.1 million.

"We're doing a feasibility study right now to see what the highest and best use of the property is," Farley said. "We're looking at (building) retail space and a 2,000 square foot restaurant that will carry the Panama Hatties name during off-season months."

The investment group consists of Farley, Panama Hatties owner Stephen Ransom, Aleta Anderson of Realty World, swing band leader Ed Trester and real estate attorney John Galleta, plus out-of-state investors from New Jersey, Germany and the Bahamas.

Ransom, who has owned the property since May with his wife, sold it to Sandcastle then turned around and bought a share.

"They put an offer on the table," Ransom said Friday. "It would have been pretty hard bringing this old place back. And we're limited to what we can do to promote it. Parking was also a problem. In the long run, it could be a heavy burden."

Noise was also a concern.

Condominiums behind the property prompted four or five complaints per night to police about loud music at the bar, he said.

"St. Augustine Beach people are great," Ransom said. "Locals can carry you."

Farley, a former executive with the Captain D's restaurant chain, said Panama Hatties will be torn down.

"It's 40 years old and is reaching the end of its useful life. It doesn't have handicapped rest rooms upstairs and there are other problems," he said.

But he hasn't yet applied for permits or zoning changes.

"It's commercially zoned now. We considered building condos there, but we'd need to ask for a zoning change," he said. "That's Plan B. But we wouldn't want to do that unless we have the blessing of the City Commission."

The retail vision right now is seeing a smaller Panama Hatties open, then perhaps an ice cream, bagel and kite shop in the other spaces.

"The whole beach is changing because of the new (restored) beach," he said. "The city is now undergoing redevelopment."

Disabled Florida inmate was gassed to death after begging for medical help, lawsuit says (Washington Post)

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Our next Governor must move swiftly to reform Florida prisons, whose unaccountable wardens are habitually violating civil and constitutional rights.




Disabled Florida inmate was gassed to death after begging for medical help, lawsuit says

  

Randall Jordan-Aparo spent four days begging for medical help. He suffered from a severe blood disorder and was showing signs of a dangerous flare-up: rapid heart beat, fever and debilitating bodily pain. He needed to go to a hospital, he said.
Medical staff were dismissive at the Carrabelle, Fla., prison where Jordan-Aparo was serving a 20-month sentence for credit card fraud. Drink water, take some Tylenol and get some rest, they told him, court records show.
When the 27-year-old protested, correctional officers put him in an isolation cell, then sprayed him with a “chemical restraint agent,” according to court documents. Inmates would later testify that they heard him scream, “I can’t take the gas.”
In a matter of hours, guards found Jordan-Aparo dead on the floor of his cell, covered in orange residue. There was a Bible nearby, and he was positioned near the crack under his door, as if he were struggling for fresh air, according to the Miami Herald.
Jordan-Aparo’s death in September 2010 became the subject of multiple probes, including an inquiry by the FBI and the Florida Department of Law Enforcement. A federal grand jury returned no indictments.
But a federal lawsuit by Jordan-Aparo’s family is underway, and they recently won a key victory in the case.
On Saturday, a federal judge rejected a request by the Florida Department of Corrections to throw out the lawsuit, which accuses prison workers of violating his rights under the Americans With Disabilities Act.
“If the Department asserts that providing at least some treatment is always sufficient to exonerate the Department from liability under the ADA or Rehabilitation Act, the Department is simply wrong,” U.S. District Judge Robert L. Hinkle wrote.
The department denied that prison workers were “deliberately indifferent” to Jordan-Aparo’s needs, noting that medical staff had checked him out several times as he complained of pain and shortness of breath. He was never denied access to medical services in the prison, the department said in an October filing. Nor did prison workers discriminate against him when they declined to take him to the hospital, the filing says.
But the judge ruled that providing some medical treatment could still constitute deliberate indifference.
“A policy of treating strokes or heart attacks with aspirin and nothing more would not do,” he wrote. “And so too here: treating Mr. Jordan-Aparo’s life-threatening symptoms with Tylenol, as the plaintiff alleges occurred, would not do.”
Florida Department of Corrections spokeswoman Michelle Glady told The Washington Post Thursday that she couldn’t comment on the lawsuit because the case is ongoing. Glady said there have been no criminal charges stemming from the Jordan-Aparo’s death. She added that the department had changed its rules to require that inmates receive showers after use-of-force incidents involving chemical agents.
The lawsuit was brought by Jordan-Aparo’s 12-year-old daughter, who was 6 when he died, and her mother. It describes Jordan-Aparo as an orphan who was adopted after his biological parents committed suicide together when he was 5 years old. He had a criminal history of nonviolent crimes that included drug possession.
Jordan-Aparo was sent to the Franklin Correctional Institution in northwest Florida in October 2009. He had pleaded guilty to credit card fraud and was set to serve a 20-month sentence. He was a minimum security prisoner, set to be released in early 2011.
His disability, Osler-Weber-Rendu disease, is a genetic disorder that causes people to develop abnormal blood vessels, which can lead to anemia, severe bleeding and pulmonary complications.
On Sept. 15, 2010, he went to the prison infirmary with pain in his back and his side. Nurses recorded a body temperature of 102.4 degrees. The lawsuit says he had a “serious infection” caused by his disease.
Medical staff “ordered bedrest and Tylenol” and sent him back to his cell, according to the complaint.
Two days later, he went back to the infirmary, the pain on his left side so bad that he couldn’t give a urine sample. It was a “medical emergency,” he said. Drink more water, a nurse told him.
A frustrated Jordan-Aparo demanded to be taken to a hospital and threatened to sue the medical staff. Instead, he was sent to a discipline dorm for disrespecting them.
Meanwhile, his blood pressure rose, his pulse increased and the pain spread to his body and legs. “No labs were taken, no x-rays were taken, and there was no referral to a doctor,” the lawsuit reads.
“The medical services provided to Aparo were objectively insufficient,” it adds. “This is a deliberately indifferent and reckless disregard for the treatment of Aparo’s medical needs and disability.”
Later that night, he reported to the infirmary two more times. His heart rate had soared above 100 beats per minute and he was having trouble breathing. An inmate told a correctional officer that Jordan-Aparo was so sick he had passed out on a toilet and pleaded to go to a hospital, according to the complaint. Prison workers again sent him to a disciplinary dorm for threatening to sue a nurse if he wasn’t taken to a hospital.
On the morning of Sept. 19, correctional officers sprayed him with a gas akin to pepper spray three times in the course of an hour.
According to the complaint, inmates could hear him scream: “I can’t take it. I can’t take the gas. I need a nurse.”
Medical staff conducted a “use of force exam” and were unable to detect his blood pressure, the lawsuit says.
That evening, he was found lying dead on the floor of his cell.
The lawsuit says he was murdered, and accuses prison workers of wrongful death. The alleged motive: Jordan-Aparo had been an informant against guards at another prison. Additionally, it alleges conspiracy, violation of his constitutional rights, and violation of the Americans With Disabilities Act. A trial is set for spring.
Correction: A previous version of this article incorrectly stated The Washington Post asked the Florida Department of Corrections for comment on Wednesday. The Post reached out Thursday. 





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