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After being steered in dreams last night by Monroe County Mayor Emeritus Shirley Freeman, below,
I awoke before dawn today, hearing the melody of Simon & Garfunkel’s:
“The Sound Of Silence”
Hello darkness, my old friend,
I’ve come to talk with you again,
Because a vision softly creeping,
Left its seeds while I was sleeping,
And the vision that was planted in my brain
Still remains
Within the sound of silence.
In restless dreams I walked alone
Narrow streets of cobblestone,
‘Neath the halo of a street lamp,
I turned my collar to the cold and damp
When my eyes were stabbed by the flash of a neon light
That split the night
And touched the sound of silence.
And in the naked light I saw
Ten thousand people, maybe more.
People talking without speaking,
People hearing without listening,
People writing songs that voices never share
And no one dared
Disturb the sound of silence.
“Fools,” said I, “You do not know –
Silence like a cancer grows.
Hear my words that I might teach you.
Take my arms that I might reach you.”
But my words like silent raindrops fell
And echoed in the wells of silence
And the people bowed and prayed
To the neon god they made.
And the sign flashed out its warning
In the words that it was forming.
And the sign said, The words of the prophets are written on the subway walls
And tenement halls
And whispered in the sound of silence.
Whatever started coming into me before Tuesday night’s city commission meeting, which caused me to feel like I had swallowed rat poison, grew up and became more vile yesterday morning and afternoon, and was painted not very pretty in nap dreams, but uncharasteristicaly was accompanied by a great deal of angel humor. It started lifting around 7 p.m. yesterday evening, after I had written most of this below:
David Wolkowsky, above, got wrote up the day before yesterday and yesterday in the Citizen (www.keysnews.com), over his desire to give Ballast Key to Miami University, for a marine research station.
artist’s rendition of Ballast Key, above, photo, below
The hitch was described in the two Citizen articles.
Tuesday, October 7, 2014
Owner to give away Ballast Key
BY TIMOTHY O’HARA Citizen Staff
tohara@keysnews.com
David Wolkowsky is looking at donating Ballast Key to the University of Miami for use as an offshore research facility.
Wolkowsky has met with representatives with the University of Miami, The Nature Conservancy, Florida Keys National Marine Sanctuary and U.S. Fish and Wildlife Service, which has jurisdiction of Ballast Key and the surrounding islands.
But in a letter sent to the Monroe County Commission last week, Wolkowsky specifically mentioned giving the 26-acre island to the University of Miami.
However, the millionaire developer needs the Monroe County government to change the land-use and zoning rules for the island to make it happen.
The island, nine miles off Key West, is designated an “offshore island” by the county and county land use rules would only allow one home to be placed every 10 acres, which would result in most of the current structures being “non conforming” and not to be allowed to be rebuilt if a hurricane destroyed them.
The designation only allows for residential use, not educational or commercial, said Wolkowsky’s private planner, Jim Hendrick.
Wolkowsky and Hendrick argue Ballast Key does not meet the county’s definition of an offshore island like many of the other naturally formed islands in the refuge. Ballast Key is a man-made spoil island created from dredging, they said.
“We don’t want Ballast Key lumped in with pristine mangrove islands,” Hendrick said.
A representative of Wolkowsky, attorney Bart Smith, will go before the Monroe County Commission at 10 a.m. today in Marathon to make the case to change the land-use regulations for the island. The commission will be discussing and making recommendations on changes to the county’s comprehensive land plan, which guides development in unincorporated Monroe County.
Wolkowsky sent county commissioners and county planning staff a letter last week discussing his proposal to donate the property and the rules that need to be changed to make it happen.
“It is my hope and intention that use of Ballast Key will be expanded to accommodate education and research in the marine sciences,” Wolkowsky wrote. “Unfortunately, the proposed Offshore Island’ amendments would greatly impede, if not prevent, that objective. And they would also render much of the existing improvements nonconforming …. As you may know, I have owned Ballast Key for several decades. During that time, I have made substantial improvements to the island, including construction of two residential buildings, a utility building, dock, gazebos and extensive landscaping.”
Wolkowsky had been trying to sell the island for more than 20 years, at one point asking $13 million for it. In June, Wolkowsky hosted representatives with the University of Miami, The Nature Conservancy, Florida Keys National Marine Sanctuary and U.S. Fish and Wildlife Service to discuss a joint-use facility by some or all of the agencies, according to Donna Bosold, a private planner for Wolkowsky.
Ballast Key is not the only privately owned island where the county’s designation is in question. At today’s meeting, the county will also discuss several other island’s offshore island designation, including Wisteria Island, Little Palm Island and Tarpon Belly Key off Cudjoe Key.
At a previous county comp plan meeting, representatives of F.E.B. Corp. asked for a special land-use definition that would allow a resort and other large scale development on the island.
The representatives, which are embroiled in a lawsuit with the federal government about ownership of Wisteria, have asked the commission to create a land-use definition for the island called “Resort Island.”
The Resort Island definition would allow the developers to apply for future land-use map categories that permit hotels and other large-scale development.
For years, F.E.B. Corp. has been trying to develop Wisteria Island. Its representatives will be at today’s meeting, they said.
The county commission meets at 10 a.m. today at the Marathon Government Center.
tohara@keysnews.com
Wednesday, October 8, 2014
Proposal met with resistance
BY TIMOTHY O’HARA Citizen Staff
tohara@keysnews.com
The idea of placing a new marine research facility in the Florida Keys would generally be well received in this ocean-dependent community. But one such plan is being met with caution by local scientists and environmentalists.
Their concerns come from the proposed location of the facility — on Ballast Key in the Key West National Wildlife Refuge — and the possibility it could lead to the the development of environmentally sensitive offshore islands.
Ballast Key owner David Wolkowsky wants to donate the island for use as an offshore research facility. He has met with representatives with the University of Miami, the Nature Conservancy, Florida Keys National Marine Sanctuary and U.S. Fish and Wildlife Service, which has jurisdiction over Ballast Key and the surrounding islands.
Wolkowsky had been trying to sell the island for more than 20 years, asking as much as $13 million for it.
Monroe County commissioners discussed on Tuesday changing the land-use rules for Ballast Key and other offshore islands while they were making tweaks to the county’s comprehensive land-use plan, which guides development in the unincorporated areas of the county. Commissioners did not make a decision, but will formalize the regulations when they meet Dec. 10.
Ballast Key is not the only privately owned island where the county’s land-use rules are in question. The county is reviewing the offshore-island designations of several other islands, including Wisteria Island, Little Palm Island and Tarpon Belly Key off Cudjoe Key.
Wildlife biologist Tom Wilmers cautioned the commission about changing the land-use regulations for Ballast Key and placing a science center there. He presented a paper that showed the island is not manmade, but naturally formed. Wilmers argued the island is too environmentally sensitive to develop. He also argued the island is too prone to flooding during storms.
“I appreciate wanting to donate the island for a research center,” said Wilmers, who has been conducting research in the refuges for 28 years. “I don’t think it’s the right place for the facility.”
Julie Dick, a representative of the Keys environmental group Last Stand, spoke against changing the rules to place a science center on the land. She argued that rule changes would weaken the protections for the offshore islands.
“This is really about increasing and incentivizing development on offshore islands,” Dick said.
Ballast Key is the last remaining privately owned island within Key West National Wildlife Refuge, Keys Refuge Manager Nancy Finley said. The island “supports a broad array of sensitive and important species,” including federally protected wading birds and roseate terns and piping plovers, Finley said.
Sea turtles nest in that area, and “there is also the possibility that Miami blue butterflys may use the site,” Finley said.
“I am not sure what the county’s policy is completely, but a research operation can be sensitive to and complimentary to our efforts with close coordination with USFWS (U.S. Fish and Wildlife Service) and NOAA (National Oceanic and Atmospheric Administration),” Finley said. “The area would benefit from additional study but it would need to be cognizant of the sensitivities. I know Mr. Wolkowsky is very considerate of that need in his consideration of his options.”
tohara@keysnews.com
Maybe ten years ago, I had a friend, who did day labor work for David Wolkowsky, on Ballast Key and elsewhere, at the handsome wage of $6 an hour.
Several years later, Jim Hendrick told me of going with his good friend, David Wolkowsky, and other people out to Ballast Key and having a wonderful time in that beautiful natural setting.
Some more history.
My information is, David Wolkowsky once had a contract to buy Wisteria Island, and he arranged to borrow the money for the purchase from Roger Bernsteins’ father. Wolkowsky was supposed to do something by a certain date, and he didn’t do it on time, and the elder Bernstein held Wolkowsky in breach of contract and took over the purchase contract himself, and he bought Wisteria Island.
The Walsh family owns nearby Sunset Key, left in photo below; right, in photo, is Wisteria Island.
Some years ago, the Bernsteins and the Walshes went into partnership, F.E.B. Corporation, to develop Wisteria Island. The Walshes and the Bernsteins, guided by land-use expert Jim Hendrick, started lobbying Monroe County to change the county’s zoning designation of Wisteria Island, and the county’s comprehensive plan, so F.E.B. could develop Wisteria Island.
Through a public records request to Monroe County, I obtained an email about a Wisteria Island meeting between county government staff and F.E.B. representatives, which email was copied to Jim Hendrick.
During citizen comments at a county commission meeting, I told the county commissioners that Jim Hendrick was advising F.E.B. re Wisteria Island being developed. Later in that same commission meeting, Roger Bernstein, who spoke for F.E.B. at county meetings, told the county commissioners that Hendrick was advising F.E.B.
I had lunch the day before yesterday with Todd German, who is buddies with Jim Hendrick. Back in 2009, as I recall, Todd had tried to convince me that I should go along with the Bernsteins and the Walshes developing Wisteria Island.
During lunch the day before yesterday, Todd said David Wolkowsky has been trying for a long time to give Ballast Key away. I said that was news to me; several months ago, there was an article in the Citizen about Wolkowsky putting Ballast Key on the market for a lot of money. Todd said he thought a real estate broker instigated that article, and the Citizen went along with it. Todd sits on the Citizen’s Editorial Board.
Todd said Wolkowsky has a history of coming to real estate closings with several more things he wants before he signs the papers, which things he wants are to his advantage.
So here I am wondering if the Citizen article severral months ago, announcing Wisteria Island was put on the market for a lot of money, was a ploy to establish a high market value for Ballast Key, prelude to David Wolkowsky trying to get a reputable environmental donee for it, prelude to Wolkowsky trying to lever the county into changing the zoning and so forth and so on, all to give Wolkowsky a huge federal tax deduction?
I have heard Roger Bernstein is a tax lawyer, with an active practice on the southeast Florida mainland.
At one time, I was a tax lawyer. In addition to a regular J.D. law degree, I have a L.L.M. tax law degree.
That’s the micro wondering.
The macro wondering is, I wonder if David Wolkowsky has taken a piece of the action in Wisteria Island, without paying anything for it, or paying very little, in exchange for him trying to get Ballast Key rezoned, which somehow will open a door for Wisteria Island to be developed into something like Sunset Key?
I do not feel this is entirely far-fetched wondering, given the players involved.
And given, before I met Jim Hendrick, he was indicted and tried in federal court for, as I recall the charges, witness tampering and conspiracy, and he was convicted.
That stemmed from allegations that Hendrick, when he was the Monroe County Attorney, had facilitated a bribe of a county commissioner. The statute of limitations had run on that allegation, but not on the witness tampering and conspiracy charges.
As I also recall, the alleged to have been bribed county commissioner died and escaped prosecution.
As I also recall, another defendant, who allegedly instigated the bribe, was a friend of Jim Hendrick. This other defendant’s nickname among his friends, including Hendrick, was “The Prince of Darkness”.
“Hello darkness, my old friend …”
The Prince of Darkness made a deal with the US Attorney, in exchange for wearing a wire during conversations with Hendrick, which recorded conversations ended up being introduced into evidence at Hendrick’s trial.
Another thing in my thoughts is a conversation I had with Jim Hendrick a few years back, in his home, which began with him saying he was going to prove to me that my published allegation that his good friend and client, Pritam Singh, a local, prosperous real estate developer, was not possessed by Lucifer.
Also present were Jim’s wife, Vera, Jim’s girlfriend, Donna Bosold, and Todd German. I was the only person there, who did not know Donna was Jim’s girlfriend. I knew she was his business partner. Now, Jim and Donna are married.
Jim said the proof Pritam was not possessed by Lucifer, was Pritam was the best salesman Jim had ever met; Pritam got people to look at what he wanted them to look at, instead of at what Pritam didn’t want them to look at. I said that’s how Lucifer sells; I rest my case.
I knew Jim had just told me how he sells, too. I already knew it, but now I had it out of his own mouth.
Back to the present.
I was told yesterday, during the recent county commission meeting described in the Citizen articles, County Commissioner Heather Carruthers, below,
said she recently was out on Ballast Key. That being a private island, she probably went out there with David Wolkowsky, or with his permission and someone else took her out there. I wonder who went out there with her?
A number of years ago, Heather had a birthday party on Sunset Key, during a very hot time of the Bernsteins and Jim Hendrick lobbying the county government to let F.E.B. develop Wisteria Island. I got wind of the birthday party, and of it being said Heather was under Jim Hendrick’s spell, and I published that.
I also published Heather presented many signs of having been molested in childhood, which unfortunate experience had resulted it in her being unable to set appropriate boundaries, and she was susceptible to being wooed by important men to do their bidding.
I got slammed for publishing that, but nobody disputed my diagnosis. Todd German was one of the critics. My response to Todd was, I did not have it in for Heather, but she was a county commissioner, and she needed to get smarter and not let herself be used and compromised in that way.
Sloan Bashinsky
keysmyhome@hotmail.com
