If it ain’t one dirty trick, then it’s another – maybe it’s genetic – oh, my pardon, it’s Key West!

dirty tricksthe work of the devil

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There is a different post today at www.goodmorningfloridakeys.com, which you should be able to reach by clicking on this link:

in support of dumping Governor Rick Scott and his Mother Nature Raping Grinder Pump Humpers – that’s the good news for them

dump the pumps

Meanwhile, a somewhat related bunker buster leads off this week’s (Friday is publication day) article at www.thebluepaper.com. Here’s the teaser for that article, which you should be able to reach by clicking on the link just below, or on the link at the end of the teaser.

LAW FOR SALE

canstockphoto19097073

 

There it was a 100’ wooden dock, all ready for the sport fishing boats belonging to the owners of the 8 new mansions nestled between the palm trees and the tropical flowers. The only problem was, no boats could get to the dock!  There was simply not enough water covering the sea grass bed surrounding Walker’s Island and the necessary dredging operation was strictly prohibited by the Monroe County Code.

So, was that the end of it?  Well, not quite.  Beginning in 2010 savvy developers and their lawyers discovered a little-known loophole; a way around Monroe County’s tight environmental regulations. For a $ 5,000 application fee, a developer can write his own version of the law and, after proper lobbying, force the County Commission to vote on whether to reject or adopt his “Comprehensive Plan Text Amendment.”

Several County Commission members, including Commissioner Danny Kolhage and Mayor Sylvia Murphy, have expressed concern over the process and the amount of time expended by County staff on these private legislation projects. [...full article]

Key West The Newspaper [The Blue Paper] encourages spirited, open debate in comments on our stories. We do ask that you refrain from profanity, personal attacks and remarks that are off point. Please join the conversation!

8 COMMENTS ON “LAW FOR SALE”

ZOBOP MAY 16, 2014 AT 7:16 AM
Another astounding expos’e. Good going. How about looking into the “sole source” , no bid purchase of the grinder pumps and the whole messy,( I could use a different word), FKAA , DEP, scheme to use this grinder pump sewer system?
REPLY

SLOAN BASHINSKY MAY 16, 2014 AT 8:53 AM
Amen. See my “in support of dumping Governor Rick Scott and his Mother Nature Raping Grinder Pump Humpers – that’s the good news for them” post today, 5/16/2014 at http://www.goodmorningfloridakeys.com
REPLY

PELICAN MAY 16, 2014 AT 9:51 AM
The grinder pump fiasco is the stuff of a John Grisham novel. The full putrid scope of what transpired on the Cudjoe Regional Wastewater System (CRWS) and its impact on the environment will eventually surface (pardon the pun). That certain public officials are well aware of the house-of-cards engineering of the CRWS is shameful.
REPLY

SLOAN BASHINSKY MAY 16, 2014 AT 8:49 AM
Excellent article.

I attended a number of Wisteria development meetings before the County Planning Department.

I kept saying the developer should be charged for what he was costing county taxpayers in county staff and building and office time. I kept asking county staff why where were working for the developer, instead of for the county and the county taxpayers?

I kept asking county staff why they were even entertaining the Wisteria application, when everyone knew the entire deal hinged on Key West coming on board?

The development would need to use Key West’s sewer collection system and treatment plant, and the city’s fire and police, and the city’s drinking water, and city parking spaces.

I kept saying the Wisteria application should be put on hold until Key West came aboard.

I kept telling county staff that they and the developer were trying to do an end run around the Key West 2007 referendum, which passed overwhelmingly, requiring a voter referendum for Key West to annex or acquire real estate.

I kept telling county staff they and the developer were trying to bring off a de facto annexation of Wisteria by Key West, by first getting the County Commission to approve the development, which would pressure Key West to go along with it, by providing the needed city services, without actually annexing Wisteria.

I published several articles about all of that at http://www.goodmorningfloridakeys.com.

Eventually there came a county commission meeting in the Marathon Government center, attended only by Commissioners Sylvia Murphy, Kim Wigington and Heather Carruthers, Commissioners George Neugent and Mario Di Gennaro were elsewhere that day,

Sylvia told Christine Hurley and county staff that she was not going to do anything on Wisteria until she knew Key West’s position. Sylvia told Christine to tell Key West the County Commission wanted to hear from Key West. I attended that meeting, witnessed what you just read.

So notified, the Key West City Commission met specially to take up Wisteria Island. They met the day before the County Commission was to take up the Wisteria application at the Harvey Government Center in Key West.

I attended that city commission meeting. Sylvia Murphy attended. She was invited to speak to the City Commission. She told them that she want to be a good neighbor. She wanted to know Key West’s position on Wisteria. The City Commission told her via a unanimous vote that they didn’t want to participate in the development of Wisteria.

The Wisteria developer notified county staff – Christine Hurley’s office before the next morning’s County Commission hearing, that they were withdrawing the Wisteria application. The item was pulled form that day’s County Commission agenda.

Eventually, the Bernsteins brought another Wisteria application back to the county, and not long ago the County Commission declined to go along with it. Even as who owned Wisteria was still tied up in Federal Court? Why would County Staff even entertain that application, when they did not know who owned Wisteria?

I can’t possibly imagine how much taxpayer money was wasted because the Bernsteins did not have to pay the full cost of their maneuvers.

The Walker Island development scheme was similar. Christine Hurley and her staff went over to the developer, as they had gone over to the Wisteria developer. Dottie Moses and other members of La Resistance sniffed that out and woke the County Commission up, after some of the commissioners had already given the developer a nod that it was a go.

For example, Commissioner David Rice said at the county commission meeting where the Walker Island application met its demise, that he had been in favor of the dredging application, but after studying up on sea grass replacement, he learned it was a toss up who to believe and how reliable it was, so he was changing his position.

Sylvia Murphy said she didn’t see dredging that channel would do significant environmental damage in the big scheme of things, but it was the camel putting its nose under the tent. Next thing, the camel is all the way in the tent. She didn’t want to set that precedent for more dredging applications, No was her vote.

I attended that county commission meeting. What no county commissioner nor county staff said:

the developer was a rich mainland doctor, who had a vacation home not on Walker Island. He wanted to dredge a channel into Walker Island so rich people, who rented the big posh transient rental houses he had gotten permits to build on the island, would be able to bring their yachts into the island, instead of take them into existing marinas.

I dunno. Maybe making developers pay the full cost of their development applications is just as needed as closing that loop hole, which allows developers to bring their own private legislation proposals.

Jim Hendrick came to me in a dream before dawn this morning. I awoke knowing something about him was on my plate today. But what? I knew what, when I read this blue paper article.

Jim was, is, the Bernstein’s Wisteria field general. His arguments won over county staff, got them to representing the Bernsteins, instead of the county government and the county taxpayers.

Jim represents the Peary Court developer. And he is Pritam Singh’s field general. And other Florida Keys developers’ field general. Closing that county loop hole is a good idea, too.
REPLY

ALEX SYMINGTON MAY 16, 2014 AT 9:00 AM
Ahh…more one percenter shenanigans…No surprise these privileged and entitled dirt bags think they can get away with murder…They so often do.
REPLY

ZOBOP MAY 16, 2014 AT 10:11 AM
” think they can get away with murder…They so often do.”

Well so far they have in the Eimers case it seems. Then there’s the Navy with their flawed Environmental Statement on the F 35 , and DEP/ FKAA never rhinking about the flawed engineering and environmental impacts of their low pressure grinder pumps and ignoring the law , and let’s not forget the HOB height fiasco. I could go on – and on. Yes we’ll see toowhat they try to pul lat Peary Court . WE have to obey the laws , but they seem to think they are immune , eh?

 the work of the devil

Also in the Key West cauldron today, from the Citizen - www.keysnews.com, I added the pics and some trailing comments.

protect and serve 2

Friday, May 16, 2014 Decrease Add to FacebookAdd to Twitter
City: 13 officers have ‘qualified immunity’
It’s the first legal move by Key West in the Eimers case
BY GWEN FILOSA Citizen Staff

Gwen Filosa
gfilosa@keysnews.com

The 13 Key West police officers named in a wrongful death lawsuit are entitled to qualified immunity, the legal protection meant to ensure government officials can do their jobs without fear of being held personally liable, the city’s attorneys say.

Qualified immunity is allowed as a defense for officials working “within the scope” of their authority, according to case law cited in a motion to dismiss filed Wednesday in U.S. District Court.

“Qualified immunity is the rule rather than the exception,” wrote attorney Michael Burke, whose Fort Lauderdale firm is representing the city in this case.

This is the city’s first legal move in the federal lawsuit filed April 11 by the family of Charles Eimers,

Charles Eimers

the Michigan man who died in the hospital six days after police held him facedown in the sand during an arrest.

Eimers’ family accuses police of killing the man by cutting off his air supply while restraining him. In addition to the city, the suit names the following officers: Gabriel Garrido, Gustavo Medina, Kathyann Wanciak, Gary Lee Lovette, Matthew Johnson, Francisco Zamora, Thaddeus Calvert, Derek Wallis, Nicholas Galbo, Janeth Calvert, Pablo Rodriguez and Todd Stevens.

Officer Henry Del Valle was added to the suit in an amended complaint, which has a new allegation: Lovette elbowing Eimers in the back of the head as he was on the ground.

The new complaint adds claims that Lovette laughed that his elbow to the head “sure quieted [Eimers] down,” and later joked about Eimers’ death.

“There’s no way he’s dead, otherwise I’d still be away,” Lovette is quoted as having said after returning to Key West from a trip, the family’s lawsuit says.

But the city’s attorneys say the 24-count lawsuit is “devoid of any factual content,” proving a single Key West police officer deprived Eimers of his constitutional rights or acted in any way to cause his death.

If any violation occurred, however, it would fall under the immunity protection, the motion states.

Qualified immunity, federal courts have held, may protect “all but the plainly incompetent or one who is knowingly violating the federal law,” the motion states.

An investigation by the Florida Department of Law Enforcement into the Nov. 28 incident that sent Eimers to a hospital bed where he died Dec. 6 is still pending. That review has so far kept the final autopsy report by the county medical examiner under wraps.

Eimers, 61, a retired General Motors worker, was pulled over Thanksgiving morning on North Roosevelt Boulevard for an illegal lane change. But during the stop, he drove off and led police on a slow-speed chase to the end of Duval Street.

Police officers said they had to restrain Eimers by putting him on his belly, handcuffing him behind his back and adding a leg restraint called a Hobble.

At one point, however, Eimers turned blue and officers began life-saving measures, including a defibrillator, according to reports.

Paramedics reported that Eimers had no pulse when they first reached him.

gfilosa@keysnews.com

That’s a pretty good article; doesn’t seem Gwen is thrilled with those 13 police officers’ sworn oath and dedication to uphold the law and protect and serve civilians.

As some of us in Key West have known for a good while, first and always, to the KWPD, Protect and Serve means protect and serve KWPD.

I can’t say this “bump in the road” for the federal civil rights lawsuit surprises me.

Fortunately, a U.S. District Judge, not a defense lawyer, will decide the various issues and allegations the plaintiff attorneys are prosecuting.

Even more fortunately, a court not of this world will decide the fates of the 13 police officers, and their police chief, and his masters in City Hall, regardless of what a U.S. District Judge decides.

How I feel about the Eimers case, and how it should have been dealt with by Mayor Craig Cates after he saw his police were not telling the truth, was covered in yesterday’s when the chickens came home to roost and other Key West homeless tourist attractions post at this website.

As if that was still lingering in the air, headed on my bicycle yesterday afternoon to where I stay in Key West, I bumped into Peter Batty

Peter BattyPeter Batty 2

leaving the Bayview Park tennis courts. He was dressed casually in long pants, carrying two tennis rackets. I asked where were his tennis shorts? He said he had been watching, I thank it was, his grandson play.

Peter asked how my mayor campaign is going? I said I’m running against two tough, popular candidates.

He asked what did I think were Governor Scott’s chances this year against Charlie Crist? I said I am not keeping up with that race, but I figure Scott will get all the Republican votes, and the Tea Party, and the middle and right-wing Christian votes.

I said I had met the Libertarian candidate recently in Key West, and he will get votes. I said the Libertarian candidate was all wound up, but he actually had some pretty good ideas, and he was not deluded that he would win.

Peter said, sounded like the Libertarian candidate has a realistic view of his chances, like I have of my chances.

Peter is a lay minister at Mary Star of the Sea Catholic Church, and he also is a real estate broker.

I said I’d heard the Miami Diocese wanted to sell its land where Mary Star of the Sea’s soup kitchen now operates on Flagler Avenue. Peter said, actually, the Dioceses wants to build affordable housing there, if the soup kitchen gets moved to the new homeless shelter, wherever that ends up. I said, on the moon. Peter laughed. I said I was glad to hear the Diocese wants to build affordable housing, we need it.

I said, right now, the entire city is on trial  for the death of Charles Eimers. Peter nodded, said he had read my post yesterday, and he agreed with my take on the Eimers case.

I said I have no faith in the KWPD and the Florida Department of Law Enforcement to do the right thing, and the case is wearing me out; what is behind what I am writing into is really heavy, principalities. Same for just about every thing else I engage down here in “paradise”.

Devil Woman 1

Peter told me to keep after it.

Might as well, don’t have anything else to do :-).

Sloan at HH

Sloan Bashinsky
keysmyhome@hotmail.com

About Sloan

Darn, that would take a while. Try the autobiographical pages in the header. Ditto for header menu pages at www.goodmorningbirmingham.com. Hatched and raised there, eventually I ran away from home. Here's a short list: Born 1942; male; single; accused of all sorts of imaginable and unimaginable things, perhaps some true. Live on Key West of Weird asteroid. Publish something most days on this website, been at that since July 2007. That's heaps of catch-up reading, probably not recommended.
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