driving with the lights on – LSU v. Alabama, Hurricane Sandy, US politics, Florida Keys politics
Monday, November 5th, 2012
Re the recent Hurricane Sandy – 911 boomerang karma post, in which I said Hurricane Sandy clobbering New York City and surrounding was karma for the way America reacted to 911, received this from a North George amigo, who was born and raised in Montgomery, Alabama and attended the University of Alabama before life’s strange twists and turns turned him into a Georgia Cracker:
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Sloanishky
Tell me about your throat surgery!!!!!!!!!
N.Ga. Redneck…Love you Brother!
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I replied:
Hi, Davis.
Was losing my voice. The local ENT found a growth on my left vocal chord, put me in the horsepital for the procedure, removed about 90 percent of it, to get the rest would have meant maybe really screwing up my vocal chords. The biopsy came back benign, it’s something that viruses cause. It was karma for promises I made to a girl when I was a senior at McCallie [a private high school in Chattanooga, Tennessee], which I did not intend to keep, and did not keep. Love and kisses, go Tide, squeak by Tigers in Death Valley tonight, or beat the shit out of them, better
Sloan
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After the game, I sent Davis this:
squeak, squeak I suppose any win in Death Valley is something to be grateful for, but that LSU quarterback should have gotten the MVP award.
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Davis replied yesterday:
And A.J. McCaron should get it for his last minute and a half score…. We won, but we got out played !!!
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I replied this morning:
After LSU scored the go ahead touchdown late in the game, their quarterback gave the horn sign as he neared the LSU bench. One of the TV commentators saw it, said the refs would have given the QB an unsportsmanlike conduct penalty if they had seen it. That would have erased the touchdown, yes? Or maybe not. Anyway, it came to me really strong yesterday that the horn sign is what opened the way for Alabama to mount that seemingly-miraculous almost picture-perfect last-minute passing drive – A.J.’s McCarren’s passing had pretty much stunk most of the game – to win a game the Tide otherwise would have lost. I’m not joking.
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I don’t imagine it helped Alabama that sportscasters and Alabama fans had been saying Alabama could beat a bad NFL team, and that McCarren was a front-runner for the Heishman Trophy. Both fantasies got squashed flat in Death Valley. Alabama played awful most of the game, the LSU quarterback snatched defeat out of the jaws of victory.
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Down here in The Asteroid Belt, Larry Murray responded to yesterday’s triage, and one praise report – Florida Keys and beyond post:
Sloan:
I could not agree more with Ed Davidson’s position regarding the Monroe County Republican Party pouring money into the nonpartisan School Board race on behalf of John Welsh. I think that Ed made it perfectly clear why partisan politics has no place in nonpartisan elections. As I wrote in a Letter to the Editor in the Citizen, I am extremely disappointed in Welsh for accepting the money. At the last Hometown! PAC forum, Welsh made it abundantly clear that he would take money from anybody. In other words, Welsh said that he could be “bought” as you know these contributors will want something for their “investment”. It will be interesting to see what the Goodmans will want in their quid pro quo with Welsh. I can only hope that the voters share my sense of outrage and repudiate what the Republicans and Goodmans are doing to local politics. Just because something is legal, e.g. abortion or contributions in a nonpartisan race, does not make it either ethical or moral. The Republican party likes to talk about the party of “values”. In this instance, we know exactly what their values are.
Larry
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I replied:
Hi, Larry – I do not personally view abortion as unethical or immoral, but the Republican Party keeps injecting it into local, state and national politics as being unethical, immoral, sinful and illegal. I am of the view, however, that women who have abortions, and sometimes the men who impregnate them, suffer soul injury. However, I do not view that as my job, nor the government’s, to regulate. I included in today’s post a summary of Sandy Downs’ experience with the Goodmans, to give my readers a chance to see the Goodmans in a light they probably would not otherwise be seen. When I see important Keys people hob-knobbing with the Goodmans, I form an opinion about those important people, which is: they and the Goodmans are birds of a feather, even if the outward plumage doesn’t look the same. With bated-breath I await John Dick’s reply to your email to him about Ken Genile’s report showing a very different projected June 2013 fund balance than the one John presented in his email to you.
Sloan
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Larrry replied:
My point about abortion was a dig at the Republicans, that they view it as immoral, if legal, but do not see the contradiction in their behavior regarding campaign contributions in a nonpartisan race, legal, but unethical.
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I replied:
I don’t think the Republicans view abortion as legal. Rather, they say laws that allow abortions Republicans do not approve are illegal/unconstitutional and should be done away with. Interesting discussion about your political party. Contradictions are endemic in politics, religions. Years ago, I started viewing political parties as religions. Both say they know what is best, both have head where sun doesn’t shine as often as not, or more often.
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60 Minutes last night featured lamentations and handwringings on how the US Congress has turned into a game of the Republicans and the Democrats doing everything they can to sabotage either other’s efforts, as opposed to doing everything they can to fix a heap of bad problems facing America. In a nap dream yesterday, I kept telling a man, maybe it was Mitt Romney, that it is imperative that America cut defense spending by 50 percent. As yesterday passed, I got a sense that if America does not do that, it’s going to get even rougher for America in the karma department.
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I reported the other day that Larry Murray wrote to School Board Chairman John Dick:
“During your interview [on US 1 Radio], you also addressed the [Reserve] Fund Balance. I believe that you said that it is “precariously low”. Correct me if I am wrong. The last I knew, the Fund Balance was substantial, somewhere in the neighborhood of 5% or around $4 million. Can you tell me the current status of the Fund Balance? I have heard it said recently that it may be as low as $1 million, but I do not know.”
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Larry then forwarded John’s reply:
From: John Dick John.Dick@KeysSchools.com
To: Lawrence Murray citizenlarry007@yahoo.com
Sent: Saturday, November 3, 2012 3:17 PM
Subject: RE: Business As Usual
Larry, As of Nov 3 2012 the fund balance is projected to be $5.2 million for unreserved funds. John
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I told Larry that it didn’t look to me that John answered the question about John’s “precariously low” Fund Balance comment on US 1 Radio.
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Larry then forwarded his reply to John:
Date: Sat, 3 Nov 2012 18:59:30 -0700
From: citizenlarry007@yahoo.com
Subject: Fw: Business As Usual– Reply II
FYI John:
I need your help in clarifying what appears to be a contradiction in the data. You emailed me that: “As of Nov 3 2012 the Fund Balance is projected to be $5.2 million for unreserved funds.” Subsequent to receiving that, I have been sent a copy of “The School Board of Monroe County, General Fund, Budget Amendment, For The Month Ended September 30, 2012″, a report prepared by Ken Gentile, Finance Director, and presented to the Board at its October meeting. I assume that this is the report that you referenced in your comments to Bill Becker Friday during your interview. If you turn to page 6, the next to last line reads “Ending Fund Balance Projected to 06/30/2013″. The entry for that line is “$1,268,401.46″. What I am attempting to do and need your assistance is to reconcile the two numbers, your projection of “$5.2 million for unreserved funds” as opposed to Gentile’s number of “$1,268,401.46″ for the “Ending Fund Balance Projected to 06/30/2013″. Can you provide some explanation for these apparently contradictory numbers? I also asked you in my initial email if you said during your interview Friday with Bill Becker that you thought the fund balance to be “precariously low” and thus reserve fund money was not available to be given to the teachers. Since asking that question, I have listened to the recording of your interview with Becker. What you actually said was that the fund balance was “dangerously low”. I am sorry that I got the word wrong, precariously versus dangerously, but I did not err in regard to the intent of what you said. Can you explain to me why you said that the fund balance was “dangerously low” to Becker and yet to me you wrote confidently that the fund balance was $5.2 million (c.6 1/2%) and thus at least reasonable, if not comfortable? I think that some sort of reconciliation is required.
Larry
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Larry also forwarded Ken Gentile’s report for the month ended September 30, 2012. It shows $1,268,401.46 ending fund balance projected to 6/13/2013, not $5.2 million. I would think the School Board’s hand-picked volunteer Audit & Finance Committee would be all over Ken Gentile’s report of an ending $1,268,401.46 fund balance projected to 6/13/2013. Alas, the School Board createdthe AFC to give the public the false impression that the Board was serious about straightening out the School District’s finances. At an AFC meeting last February, I told the AFC members that, and they should resign in protest. If you don’t believe me when I say the School Board wants no input from the AFC, believe AFC Chairman Stuart Kesler:
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Florida Keys Keynoter (Marathon, FL)
October 27, 2012
Section: News Schools audit panel chief:
We still lack information
SEAN KINNEY
Reiterating a complaint that has dogged the last three Monroe County School District administrations, district Audit and Finance Committee Chairman Stuart Kessler told School Board members on Tuesday that his group can’t be effective without direction and information. The five-member oversight committee was established under Superintendent Joseph Burke, who had an at-best contentious relationship with the five-member oversight panel. That was largely continued under Superintendent Jesus Jara. Since Superintendent Mark Porter was brought on in August, Kessler says the status quo has remained. As is his custom, Kessler introduced his remarks at a meeting at Coral Shores High School in Tavernier with “not to be a broken record” and “I’m not trying to be critical but….” “In order for us to be effective as a committee for you … we need sufficient information from the administration and direction from the administration so we can be helpful. We can make professional recommendations. But again, we’re put instead in the position of begging for information.” Specifically, Kessler reported that the district is on track to renew its $2 million annual prescription drug plan at the end of the year without putting the coverage out for competitive bid. “By the time it gets to you,” Kessler told the board, “you’ll have no other reasonable choice. It’s the board’s responsibility to make these decisions. The board should be given a meaningful opportunity to make this decision.” In a brief moment of levity: “I hate to be negative. I’m equally negative to everybody.” Not putting contracts out to bid is a sore spot for board Chairman John Dick, who asked Porter, “Why aren’t we putting out the prescripon drug plan for bid?” Porter said that was something that would’ve needed to start before he came on board Aug. 1 and at this point he doesn’t want to solicit bids in “an abrupt manner.” Tuesday marked the final board meeting for eight-year School Board member Duncan Mathewson, who continued his recent trend of regular absences. He’ll be replaced in the District 3 seat by either Ed Davidson or John Welch in the Nov. 6 election. In June, Mathewson was arrested for driving under the influence after being pulled over near mile marker 68. He was on his way home to Little Torch Key from a meet-and-greet for Porter in the Upper Keys. The case is pending.
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I ran into Dan Dombroski in the Big Pine Key shopping center parking lot yesterday morning. Dan was appointed by Duncan Matthewson to replace Larry Murray on the AFC. I told Dan that I heard he is trying to get off the AFC. He said that is true, it has not turned out as he had hoped. I said he must not have read what all I wrote about the AFC. Dan said he had read it, he reads my posts. But he had been asked by Duncan to take the position and he felt he needed to give it his best effort. I said there is nothing to the AFC, the School Board created it to make the public think it was serious. Dan said he agreed there is nothing to the AFC.
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Along similar lines, this letter to the editor in The Key West Citizen today:
Harris School funds now bankroll errors
When I was on the School District Audit and Finance Committee, it became quickly apparent to me and others that the $36 million borrowed would be insufficient to complete the construction of Horace O’Bryant School. There were unplanned expenses, “furniture, fixtures and equipment” (desks, chairs, tables, etc.), as well as unanticipated costs, such as modifying the height.
I called this deficiency to the attention of then-Superintendent Joe Burke, forecasting that the $4 million from the sale of the Harris School would become a “slush fund” to cover various unintended shortfalls. Burke emphatically rebuked me, stating that HOB would be built on time and on budget without raiding the Harris School money. Of course, this is the same Joe Burke who brushed aside my warning that there was no money to fund the teacher contract.
According to your reporter, Gwen Filosa, “The original budget, $38.6 million, has spiked to an estimated $40 million, but the district’s latest reports show that with the proceeds held over from the Harris School, HOB is covered.”
The Audit and Finance Committee is of no value when the School Board ignores it own committee’s warnings and proceeds recklessly, turning an asset into a “slush fund” to cover mistakes.
Larry Murray
Big Pine Key
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Moving all the way down to the tip end of The Asteroid Belt, this article in The Key West Citizen yesterday:
Three city charter amendments to be contemplated on ballot
BY JOHN DeSANTIS Citizen Staff
Key West officials say they hope residents are reviewing their ballots carefully and not overlooking three proposed amendments to the City Charter they say will have important impacts on Key West’s future.
Early and absentee voters are currently casting votes on the amendments, with the last votes to be taken Tuesday on Election Day.
One of the proposed amendments specifies new duties for the city’s mayor, including preparation and delivery of an annual “State of the City” address. It does not change the form of government, which works on the model of a strong city manager — weaker commission and mayor.
Another would allow a supermajority of the seven-member City Commission to approve certain actions, like the purchase of property.
Passage of the amendment would mean it would take five, not four, “yes” votes from the commission to approve those questions that normally would be put to the voters in a referendum.
Opponents of the super-majority amendment say the voice of the people should be heard on major expenditures like property purchases and sales.
Supporters say waiting for voter approval takes too long, and can stand in the way of the city taking swift action on deals that could benefit taxpayers.
The third proposed amendment would require city elections to run in cycle with state elections.
“This referendum will result in important decisions being made for the future of our city,” said Mayor Craig Cates.
Commissioners Tony Yaniz and Clayton Lopez were among officials who were present to explain the amendments — without expressing opinions on how people should vote — during a “Souls to the Polls” rally in Bahama Village last week.
“We tried to explain every one of the referendums regarding the city,” Yaniz said. “I wish we could do more.”
Supporters of the election cycle amendment say having city matters like commission elections on the same ballot as state items will save the city money and eliminate duplication. People who oppose it say that in years like this one, when ballots are heavy with choices for local, state as well as national elections, local races or initiatives might get lost in the shuffle.
Yaniz says he still has not made up his mind.
“I am torn on that,” he said. “At first blush we are saving $60,000 per election cycle but we fall back on this question. If we had three commissioners running would they get lost on the ballot? At the end of the day the local candidates are going to make their points anyway but it might hurt other issues on the ballot. Is it worthwhile? I don’t know.”
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I called Naja Girard about this part of the article:
One of the proposed amendments specifies new duties for the city’s mayor, including preparation and delivery of an annual “State of the City” address. It does not change the form of government, which works on the model of a strong city manager — weaker commission and mayor.
Another would allow a supermajority of the seven-member City Commission to approve certain actions, like the purchase of property.
Passage of the amendment would mean it would take five, not four, “yes” votes from the commission to approve those questions that normally would be put to the voters in a referendum.
Naja said De Santis got it all wrong, again.
I looked up the referendum on the Supervisor of Elections website and sent this to Naja:
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on the last page of KW’s sample ballot:
“Referendum – Amending Charter Section 3.08 -
Quorum voting.”
“Shall Key West City Charter Section 3.08, which
currently describes the requirement for the
affirmative vote of a majority of the city commission
to adopt any ordinance or resolution, be amended
to reflect that there are specific circumstances
which require a supermajority or unanimous
affirmative vote?”
“Referéndum – Enmienda a la Sección 3.08 de la
Carta Constitucional – Votación por Quórum.”
“¿Debe enmendarse la Sección 3.08 de la Carta
Constitucional de la Ciudad de Key West, que
actualmente describe los requisitos para el voto
afirmativo de la mayoría de la comisión de la ciudad
necesarios para aprobar cualquier ordenanza o
resolución, de manera que refleje que existen
circunstancias específicas que requieren una
mayoría cualificada o voto afirmativo unánime?”
I dunno, I would think to be legal the referendum language would have to specifically state what specific circumstances which require a super majority or a unanimous vote. But then, perhaps the referendum is only advisory. In all events, the way the referendum is worded looks like a fast one is being attempted.
Maybe more later.
Sloan
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Naja replied:
O.K. I don’t quite get it. Do you? They are not giving us the exact language that would be put into the Charter, they are asking us if it should be amended to reflect... How can that be qualified as “Referendum – Amending charter Section 3.08 – Quorum voting.”? This is what the charter says now:
3.08 – Quorum; voting.
A majority of all members elected to the city commission shall constitute a quorum but a less number may adjourn from day to day and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members in attendance is necessary to adopt any ordinance or resolution and the passage of all ordinances and resolutions shall be taken by “yeas” and “nays” and entered upon the journal.
The charter can not be amended without a refendum, but they are asking us if they should amend the charter, not showing us the language and asking us if we approve of the amendment. That makes no sense. I wonder how the Charter Committee’s attempt to get a charter provision for super-majority for Comp Plan amendments turned into this.
Naja
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Naja followed up with:
Hi Sloan, I looked at this a little more closely. Apparently, this is how it works for all of the proposed amendments- the ballot question doesn’t show us the new charter language, but asks us if it should be amended and describes how. So, this is an amendment to the provisions describing how the Commission can pass an ordinance or resolution and specifies that some ordinances and resolutions will require a supermajority or unanimous vote. I went back to the Commission meeting (7/17/12) where this was passed (the first reading – the meeting we did not attend) and found that the explanation from Larry Erskine to the Commission was that this was needed in order for Charter provisions (like the one they were contemplating for super-majority for aquisition of property) to be in harmony with the rest of the Charter – just a sort of housekeeping so that there would be no conflict. It was presented as backing up future Charter provisions that would require super-majority or unanimous vote. I also listened to the entire debate over the amendment that would have “silently” killed the referendum for annexation. In fact the Commission did know what they were doing and had openly discussed the fact that the question would be doing away with the annexation portion. They had heard that annexation was preempted by State Law and they voted a unanimous “yes”. (I had not watched that before.) The next item was for the Commission to add a section in the Charter to require super-majority for annexation (they called it “boundary expansion”) This is the one I had gone back and looked over when we had the shake-up a few months back on this issue. Erskine said Sean Smith had stated that this could work legally and would not conflict with State Statute. It nonetheless failed. Johnston “yes”, Weekly “yes”. Everyone else “no”. This was right after they had decided to propose a charter amendment that would “silently” do away with the requirement for referendum for annexation. So, yes Sloan, as you suspected, they knew what they were doing. We shook it up (not really knowing exactly what had happened) and they repealed the “silent killer” of the charter provision – leaving it for another day. Desantes has described this Charter Amendment as a way to overturn the charter provision that requires a referendum for annexation and acquisition. Correct me if I’m wrong- but that’s not how this works. This new provision would not overturn the standing charter provision regarding annexation and acquisition – that is just an incorrect interpretation of how the law works. A referendum specifically doing away with the charter provision on annexaton/acquisition would be required. (I think this is the fourth time Desantes has messed up reporting on this issue – and people are voting on this based on what they read in the papers.) Is this amendment a good thing? Don’t know. Would depend on how it is used, would’t it? If its just housekeeping for future Charter amendments that we get to vote on (as Erskine described it to be) – then why not. But if they would use it to write ordinances/resolutions that require that certain ordinances/resolutions require supermajority or unanimous vote – it get’s kind of hard to get a grasp of what we are really doing and whether this is a good thing.
Naja
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I replied:
Hi again, Naja – I came out of a nap dream, in which I was driving my car out of Key West at night behind when two vehicles ahead of me slowed down and stopped just off the road, probably on Stock Island, which caused me to slow down and stop just off the road and get out of my car and see what might be the reason for that, perhaps they needed assistance, and only then did I see I was driving with my lights off. I told the driver of the car just in front of me, thanks, he had saved me from getting squashed. He said, he and the Fire Department had saved me. I awoke. Fire Deparment probably meant Jesus, baptism in fire, holy fire. Then, I drug myself out of bed and waddled to my laptop and found your email and thought maybe there is something I’m not seeing yet about the Charter amendment. Then I thought maybe I need to look at all three Charter amendments. Here are the three KW City Charter referendum items on the sample ballot provided on the Supervisor of Election’s website, I removed the Spanish versions to save space and because mi no hablas mucho Espanol. I wrote in italics my current thoughts/concerns:
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“Referendum – Amending Charter Section 3.08 -
Quorum voting.”
“Shall Key West City Charter Section 3.08, which
currently describes the requirement for the
affirmative vote of a majority of the city commission
to adopt any ordinance or resolution, be amended
to reflect that there are specific circumstances
which require a supermajority or unanimous
affirmative vote?”
I remain suspicious of this one, it continues to feel/smell/look like a fast one is being pulled. I still say this Charter amendment should plainly state what specific ordinances will be subject to the amendment, if the voters pass it. If I had to hazard a guess, I’d say what they really are trying to do is covertly repeal the 2007 referendum, which requires the City to get voter approval, in a referendum, before the City can acquire real estate, by purchase or gift, or annex/incorporate real estate into the city, such as Key Haven and Wisteria Island. I generally am okay with having really important issues decided by supermajority, or even by unanimous vote, but I suppose I need to sleep on this one again, and the other two proposed Charter amendments, in case I’m still driving with my lights off.
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“Referendum – Amending Charter Section 6.01 -
City Commission Election and Runoff
schedule.”
“Shall Key West City Charter Section 6.01, which
currently describes the City Commission Election
and runoff schedule, be amended so that
Commission elections are held in conjunction with
State of Florida elections, on even-numbered
years?”
What about the Mayor Election and runoff schedule? If this amendment passes, will the Mayor Election then be the only office on an odd-year ballot? The Mayor Election is still every two years, yes? The Mayor election historically has been held on odd-numbered years, yes?
Or, if this amendment includes the Mayor Election, and if it passes, will that give the sitting 2-year-term mayor and the sitting 4-year-term commissioners, whose seats also historically have come up in odd-numbered years, more time or less time in office than the term to which they were elected, to bring their terms into sync with this Charter amendment?
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“Referendum – Duties of the Mayor.”
“Shall Key West City Charter Section 3.09,
which describes the Duties of the Mayor,
incorporate additional requirements for the
Mayor as the strategic leader of the city,
including public education, regional leadership
coordination, presentation of an annual state
of the City address, and review of
Commission-established long-range goals?”
I wonder how this amendment, if it passes, might be used by future mayors to increase their power in the City Government? Historically, a mayor has had the same power to affect city governing and strategic planning as each of the six city commissioners. Will this amendment put solely in future mayor the review of Commission-established long-range goals? Knowing Key West, and politics generally, it would not surprise me if future mayors used this Charter amendment to try to highjack the city government.
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I didn’t hear further in dreams about any of that, which I took to mean I was driving though that fire & rescue operation with my headlights on, finally.
Sloan Bashinsky
goodmorningfloridakeys.com
goodmorningkeywest.com
goodmorningbirmingham.com