Yes Virginia, There is a Slippery Slope.

The TRUE meaning of Virginia Street
- Naked Conch - Posted by Matt Gardi -  Dec 31, 2011
So what is the real deal with the outcry over the Virginia Street wall fiasco that has gone on in Key West recently. This isn't about an ADA compliant sidewalk, nor is it about the destruction of the character of Key West.  It isn't about the waste of federal tax dollars we don’t have, and no, it’s not about the City sidestepping HARC and barreling through a project without their approval as any other peon would have had to have done.

Virginia Street is about an overbearing government that wants to oppress opposing opinions. Virginia Street is about free speech. Virginia Street is about what differentiates us from banana republics, and totalitarian regimes. It’s about cowboy government officials that want not only to silence, but want to penalize those residents that might not agree with them. For those that may have somehow missed this latest debacle of Keystone Cop City Officials at their best, here is a summary.

State Attorney Dennis Ward Not Inclined to Prosecute Virginia Street Wall Artists

WARD GETS A THUMBS UP!
- Naked Conch - Posted by Matt Gardi -  Dec 28, 2011


In a brief conversation today with State Attorney Dennis Ward, he stated that after reading initial news reports and reviewing Key West Police Department Incident Reports that the Office of the State Attorney did not currently have the inclination to prosecute those charged with painting the Virginia Street wall scheduled for demolition.

The charges, violations of state statutes that rise to the level needed for prosecution, were levied by Key West Police Department, apparently at the behest of City officials, against artist who expressed disdain at the wall's proposed demolition.  The wall, which had been built by the property owner on the City right-of-way decades ago, is questionably the property of the home owner when one considers the State of Florida's Adverse Possession laws.  It has not yet truly been determined which City officials orchestrated this "Nazi-esque" exhibition of government gone wild, but rest assured this is one shell Naked Conch plans to expose!

Ward expressed his reservation of wasting continued public resources on the issue, but will make a final determination in the short term after consulting Chief Assistant State Attorney Manny Madruga and Chief Investigator Mark Wilson.

Ward deserves a big thumbs up for this sentiment, and his defense of freedom of speech.

    

Key West the Newspaper Closes

As word spreads throughout the community that Key West the Newspaper has published it’s last print edition, let us use the final comment section on Key West the Newspaper's blog to offer our thoughts, and reflect on what a tremendous asset the publication (along with it’s editor Dennis Reeves Cooper) has been to our small island community.

Only Two School Board Members Accept Challenge to Take the FCAT

Griffiths and Dick accept the challenge. Smith-Martin and Martin duck it. Mathewson...offers confusing rhetoric regarding cursive writing.

- Naked Conch - Posted by Matt Gardi -  Dec 26, 2011

A few weeks ago on the Naked Conch blog I wrote about Orange County School Board member Rick Roach who took the FCAT and failed miserably.  This was featured in the Washington Post, as Rick Roach was an accomplished business professional with not only one, but two Masters Degrees, and has led a billion dollar corporation with over 22,000 employees.

The FCAT called him a failure, which makes you wonder, is this test a true measure of how our students can perform in real life?  Is this boondoggle of a standardized test in any way beneficial to our educational system?  This test by the way costs over a quarter of a billion dollars to administer annually.  Also a poll on the Naked Conch Blog is running three to one in a favor of dumping the test.

As Monroe County School Board Vice Chair Andy Griffiths was appearing on my weekly Friday KONK radio show, a listener posted on the Naked Conch blog that I should challenge Griffiths to take the FCAT.  Great idea, but I thought to myself... “if one is good, clearly five is better,” right?  At least that reasoning has been fairly successful with my beer intake.

Top Stories of Interest

Monroe County School Board Members Challenged - "Will You Take the FCAT?"

Put it in writing...please Mary.

School Board Member Fails FCAT
Readers Overwhelmingly Oppose Dredging Survey

Keys Courts Ignore Local Businesses on Sole Source Wireless Project
The Great Naked Conch Scavenger Hunt - Details

Who Ordered the Code Red?

Key West Selectively Enforces Laws to Oppress Freedom of Speech!
- Naked Conch - Posted by Matt Gardi -  Dec 22, 2011

The Citizen is reporting the tragedy of Key West City Officials painting over views expressed on a wall slated to be torn down to complete the silly project on Virginia Street...and giving out citations as Christmas presents!  (Read about it here in the Citizen)  This project is a waste of fiscal stimulus funds, a destruction of the character of Key West, and now we have this abuse!

National Association of Realtors Revise Ridiculous Numbers

It's all about the truth, folks.  Apparently the National Association of Realtors share the sentiment of Jack Nicholson in A Few Good Men, and think, "You can't handle the truth."

You see, after having misguided America for the last few years by masking the true decline in property values, (For what reason I can only imagine, but certainly not to sucker anyone into the idea that it is a "good time to buy" at an inflated value) these so called experts need to revise their numbers....DOWN BIGTIME. (Read about it here on CNNMoney and Fox Business News.)

Monroe County School Board Members Challenged - "Will You Take the FCAT?"

UPDATE 1: Rob Smith-Martin was the first to respond to the question - "Will you take the FCAT and publicize the results.  Within 14 minutes of my first email, Smith-Martin simply replied "FCAT is being phased-out."

Vice Chair Andy Griffiths replied, "Hey Matt, I'm in..."

One of those guys answered the question, the other would fail the FCAT if they answered simple questions with irrelevant answers.  Like: What color is the sky? "Seven."

No other replies as of yet.  

UPDATE 2: John Dick is in!
______________________________________________________
After a recent article in the Washington Post came out about how Orange County School Board Member Rick Roach failed the FCAT miserably, an online poll here at Naked Conch has illustrated that respondents favor dumping the Statewide test by a margin of 3 to 1.

While discussing the issue with School Board Vice Chair Andy Griffiths on the Naked Conch Radio Hour on KONK, a reader commented by suggesting we challenge Griffiths to take the FCAT.

I thought perhaps we could be equitable and challenge ALL of our School Board Members to take the FCAT.  In fact, if we can get all five to commit, I'll sharpen up a No. 2 pencil, break out the ol' slide rule and join 'em.

State Attorney Dennis Ward - Friday, Dec 16th on the Naked Conch Hour

This week's guest on the Naked Conch Hour on KONK Broadcasting Network, Monroe County State Attorney Dennis Ward. Tune in this Friday at noon!

http://www.konknet.com/

Put it in writing...please Mary.

      UPDATE: Per Sloan's request in comment section below, here is the entire email exchange.

Maybe I am a stickler. Maybe my expectations are unrealistic. Call me annoying...well OK many of you already do that, but that comes with the territory. I've often written, here on Naked Conch as well as in Key West the Newspaper about my pet peeve of expecting people I ask questions of, to respond in writing.

My latest frustration began after having attended a County Budget hearing in July.  In her budget overview, (See included video) Public Defender Rose Enright caught my attention by the fact that her budget was going up, while most other agencies had come in neutral or below the previous year.  Enright attributed the increase to an automatic rent increase built into her lease.

School Board Member Fails FCAT

Miserably.

Rick Roach, who is in his fourth term on the Board of Education in Orange County Florida, recently took the Florida 10th Grade FCAT and failed miserably.

Roach who has a bachelor of science degree, two masters degrees and 15 credits towards a doctorate also helps over see an organization of close to 22,000 employees with a budget of $3 Billion.

The original blog post in the Washington Post can be found here.

Columnist Valerie Strauss offered a followup here.

These columns speak for themselves, and echo my sentiment regarding the FCAT.  It's time we put an end to this 1/4 of a Billion Dollar annual fiasco, stop teaching for tests, and return to fully educating our kids.

Kudos to Rick Roach for taking the test and publicizing the results.

Feel free to offer your opinion below in the comment section, or add your vote to the poll below.

This week's guest on the Naked Conch Hour on KONK Broadcasting Network, Monroe County School Board Vice Chair, Andy Griffiths. Tune in Friday at noon!

http://www.konknet.com/

Homestead Exemption Joke Once Again

Once again we are hearing about an absolutely stupid debate about someone misusing the homestead exemption.  This time the Citizen reports that Ken Davis and his ex-wife Heidi Langraf allegedly put false information on the form qualifying for a homestead exemption.

And of course now the State Attorney's Office is wasting resources chasing after this infraction.

Farewell Danny Kolhage and Thank You

Some of the most exciting political news came to the forefront recently as Monroe County Clerk Danny Kolhage announced that he would not seek re-election in 2012. We owe Kolhage a debt of gratitude for his 29 years of service to Monroe County. Even with the numerous differences we may have, I will be the first one to suggest Kolhage ran a tight ship, albeit maybe too tight at times.

While his management style may have served us well decades ago, that very same style may have been his shortcoming as technological challenges changed his job role, and the office which he was charged to lead. While I offer him thanks for his years of service, I also am thankful for the opportunity his choice not to run provides Monroe County residents.

Whomever chooses to seek the office of County Clerk will have a lot on their plate should they be fortunate enough to win the election, and to that end, we have the opportunity to vet those candidates to ensure they have the awareness and capabilities to meet these challenges.

The office of County Clerk is a critical element to many of the operations within the county, and we as residents have to ensure that we don’t simply “pass the baton” to the most likable or well connected candidate. We have seen the success that is won with that approach in the school systems, and I frequently argue that similar “success” stories exist elsewhere. Therefore we must strive to look past the smile and the handshake, and do our due diligence as voters to ensure that we elect a capable individual that is ready to take on the challenges awaiting our next Clerk of the Courts.

Readers Overwhelmingly Oppose Dredging Survey

The results of our month long online poll are in, and while not scientific, they are clearly revealing.

After our Dredging for Dummies post we offered readers the opportunity to provide their opinion of the proposed study by participating in a poll that asked:

DO YOU SUPPORT KEY WEST PURSUING A $5.5 MILLION DOLLAR STUDY TO WIDEN THE HARBOR CHANNEL?

The results suggest that the vast majority of respondents are overwhelmingly opposed to the study as seen below.

Yes, by all means
  4 (5%)
Yes, so long as it does not cost the City anything
  8 (10%)
No
  61 (83%)

We hope this puts a nail in the coffin of that scattered brain idea once and for all.

Don't forget to look for more polls that pertain to local issues, and as well feel free to participate in our "Naked Conch Election Polls."

We Have A Winner!!

Congratulations to Sean Kinney who has unraveled the clues to the Great Naked Conch Scavenger Hunt!

Sean was able to masterfully deduce each clue, and found himself the proud owner of a new Naked Conch T-Shirt, two Naked Conch Koozies, and of course a crisp $100 bill. (Quickly deflating in value as the US Federal Reserve has chosen to water down our currency by bailing out European nations through the International Monetary Fund.)

But hey, you can't have everything, at least the Naked Conch gear is appreciating in value!  Sean is also a reporter for the Keynoter, and we at Naked Conch are excited to know that members of the local media rely on Naked Conch as a source for news, and truth.

So where was it?  Let's unravel the clues...

Clue one -

It's near one particular one!Jimmy Buffet has a tune called "One Particular Harbor," so it was near the Key West Harbor.

Clue two - 

There's a place that's the best, and it's northeast of west.

In the Harbor area, it was located Northeast of West.  Northeast of West Marine! 

Clue three -

Not up in a tower, or under a shell, a living attraction might serve you well.

Not in the Tower bar, or at the Half Shell, but at a living attraction. (living attraction = Live Bait).  Live Bait as in Live Bait Lounge located in Key West Bait and Tackle, where they serve you well by serving up some of the coldest beer in town.  With a great selection too! 

Clue Number Four-

Tourists amused by a face in a hole,

by a buoy from which the weather is told!

In front of Key West Bait and Tackle tourists can take photos of themselves by sticking their faces into a life size caricature, next to the famed weather buoy!

So now you must be warm, but where from here!

Clue Number Five -

A Person and a Password Play a Part in this Perplexing Puzzle

Looks like you are going to need to find someone and give them the password.  Hey, you think we were going to risk having a prized Naked Conch T-Shirt being accidentally found by some random person!  No way, we had this one guarded under the watchful eyes of one of the owners of Key West Bait and Tackle.

Clue Number Six -

Speak the truth to win the game

To a man who's not Elvis, but a King just the same.

So you have to speak the truth to someone who is a King.  This King was Chris King, who owns Key West Bait and Tackle with Joe Garr.  So all someone had to do, was speak the truth to Chris!  Literally!  "The Truth" was the password!

So Sean Kinney made his way in to Key West Bait and Tackle, tracked down Chris King, said "The Truth" to Chris and is now probably out on the town wearing his prized Naked Conch T-Shirt!

Please let us know if you enjoyed the Great Naked Conch Scavenger Hunt, and tell us all about your trials and tribulations you experienced trying to unravel the clues.  Email Matt Gardi at matt@nakedconch.com and let him know your thoughts!  Thanks one and all for trying, and keep your eyes open for the next event here on Naked Conch!

Naked Conch Announces New Weekly Show on KONK Broadcasting Network

Now we're talking!

Matt Gardi will be debuting his new talk show, The Naked Conch Hour, on KONK Broadcasting Network this Friday, Dec 2 at Noon.  The show will replicate Gardi's irreverent written style as he takes on government waste, covers local politics, and let's you hear from members of our Keys community.

The show will run every Friday at noon, and will feature Monroe County School District Chairman John Dick as it's inaugural guest.  With lots of exciting (and depressing) news coming out of the schools recently, Dick should provide some insight as to where we go from here.

Tune in from your desk, your couch, or your phone, but tune in. 

http://www.konknet.com/

Clue Number Seven of the Great Naked Conch Scavenger Hunt

Clue six provided everything you needed to win, but here is one more hint to help you on your way.  The J.R.R. Tolkien fans out there might enjoy it.

Gandalf and Froda entered the Gates of Moria by using a phrase like that included in clue six.

Gag me ... with an iPad

While we all must be grateful if we are fortunate enough to be stuffed from a gluttonous Thanksgiving feast, here is one that will put you over the edge as it is one bite too much to swallow.

I'm not talking about my famed Shoo-fly pie recipe either.  I'm referring to the latest fluff piece in the Key West Citizen regarding Judge Audlin's new tech initiative using an iPhone.  You can read it here!  Warning: Have barf bag conveniently available!

That just confirms for me the Citizen is a promotional arm of well connected people.

First, I'm sure all the wonderful things Judge Audlin is "tinkering" with could have been done years ago on a windows based laptop, of which I am sure he has access too.. if he wants.  But no, let's get a gadget for the Judges instead, not just iPhones, let's get them IPad's too.  See they want to use technology now.

Hey, I am an iPhone user myself, and in fact think they rule.  Users in the State Attorney's Office have had access to their email and calendar via iPhones since I came on board as their IT director in 2009.  But they could also use any smartphone, or computer with Internet access for that matter.  I know for a fact that even up to a few months ago, the courts were having a challenge getting a Mac to integrate with their email systems.

BUY! BUY! BUY!

Another Great Real Estate Analysis by the Key West Citizen

Hey listen, I'd be the first person to rejoice in the stabilization of Real Estate prices in the Keys, for as I have argued in the past it is absolutely essential to so many aspects of our lives.  There are the obvious aspects of home equity, tax base and funding for all our government services that depend so critically on stable home prices.  But as I have also argued, fraud in the foreclosure, rubber stamping of robo-signed documents, destruction of our title histories, and a judiciary that turns a blind eye to it, enables the fraud and does more to adversely our property values than 100 fluff pieces that reference Real Industry mouthpieces regurgitating the same old tired rhetoric.

"The market is coming back!" "It's a great time to buy."  It's as tiring as watching the World Championship of Knitting.  What we need is the truth and an exposure of what is truly depressing our property values, and not a  monthly twisting of the one single statistic that can birth the latest "Real Estate Market Rebounds" headline.

For example, enter stage left, Robert Silk and the Key West Citizen's latest verbal portrait of joy.  In an article in Sunday, November 20th's edition of the Citizen with a headline of "Priciest Homes Lead Market Rebound," Silk references the fact that waterfront homes have enjoyed a year over year price increase.  Woo Hoo.  Now where did I leave my Pom Poms?

What NOT to do at Fantasy Fest

Some Helpful Fantasy Fest Advice

Hey, Fantasy Fest provides an excuse for all of us to push the limits, but there are some things that we should truly make a note of to avoid doing before we start to indulge.

Don't get schnookered blind and ride your scooter.... (Goes unsaid, besides there are plenty of bushes to crawl under, and it's only a 2 x 4 mile island for Christmas sake...the walk will do ya good.)

....up a one-way street past one of Key West's Finest.... (They are the only ones NOT drinking and probably not too happy about it. Hint: They might just notice your sorry bare arse.)

...wearing nuttin' but a thong...

...adorned with an elephant trunk.

Nope.  Just don't do it.  For more reasons than one.

(Editor's Note: Naked Conch is an ardent supporter of nakedness, freedom and liberty.  But your rights end at the tip of our nose, don't drive drunk!)

And now the moment you've been waiting for... 

Clue Number Three of the Great Naked Conch Scavenger Hunt.

Not up in a tower, or under a shell,

a living attraction might serve you well.

GUEST POST: Local Bartender Vincent Rides to Personal Victory

by Al Phillips

Cindy Vincent, Keys own local celebrity bartender at the the Southernmost Beach Cafe, has completed a grueling 165 mile bike ride for Smart Ride.  Smart Ride is a charity bike ride with hundreds of participants for the HIV/AIDS foundation.

"What a ride," Cindy told us, "just beautiful and for a great cause, I'll do it again next year."

Fantastic job Cindy and to all those who participated!

Clue Number Four of the Great Naked Conch Scavenger Hunt!

Tourists amused by a face in a hole,

by a buoy from which the weather is told!

How REAL Judges rule...

Too bad they aren't from the Keys.

There is actually joy in Mudville folks.  A couple of rulings by some Judges hit the nail on the head recently and took banks to task.

First, this in from the home of sweet tea, pecan pie and homemade wine...

In an Order denying a US Bank's motion to dismiss, Judge Dennis Blackmon writes;

“Sometimes, only courts of law stand to protect the taxpayer. Somewhere, someone has to stand up. Well, sometimes is now, and the place is the Great State of Georgia. The Defendant’s Motion is hereby Denied”
“The United States Government paid taxpayer dollars to the largest of our financial institutions, and to European Union Banks, in order to prop up those poorly run organizations. Twenty Billion of those dollars were handed over to the defendant, U.S. Bank.”

...and this...

“A cynical Judge might believe that this entire motion to dismiss is a desperate attempt to avoid the discovery period, where U.S. Bank would have to tell Mr. Phillips how his financial situation did not qualify him for a modification. Or, perhaps he was qualified, yet didn’t receive the modification, in violation of U.S. Bank’s Service Participation Agreement (SPA).”

Remember this is the Judge ruling...

“I, on the other hand, am sure that nothing of the sort could be true. Maybe US Bank no longer has any of the $20 billion dollars left, and so their lack or written explanation might be attributed to some kind of ink reduction program to save money. I’m sure there is a perfectly reasonable explanation for why US  Bank will not print out the ONE page of figures that show that MR Phillip’s financials compared to the HAMP guidelines to clear this all up.”

Conclusion
“There is no merit to Defendant’s Motion to Dismiss, and same is hereby DENIED.”

Read the entire Order, it's worth it.  Who doesn't love sarcasm?  Too bad he isn't from Monroe County, FL.  We need a Judge like that.

But wait, there's more...two REAL Judges actually exist...someone pinch me....

Find out more and find the next clue to the Great Naked Conch Scavenger Hunt.  To read on ...click read more below.

The Great Naked Conch Scavenger Hunt Begins!!!

One Naked Conch T-Shirt, Two Naked Conch Koozies and a crisp $100 bill could be yours.

Find out more here!

The First Clue -

It's near one particular one!

Gastesi Begins a Great Initiative

Recently it was reported by the Keynoter on KeysNet.com that Monroe County Administrator Roman Gastesi has begun an initiative to have County agencies work together to share resources and services in an effort to create efficiency and reduce expenses.

This is fantastic, and Gastesi deserves a lot of credit for pursuing this.  More importantly, it's great that it is coming from the top, otherwise it might simply be disregarded by the various agencies administrators.

Why would I say that?  Because I have experienced it first hand.  In 2009 when I returned to work at the Office of the State Attorney as their IT Director it became readily apparent that technology was playing a more prevalent roll in the justice system than ever before.  Therefore it seemed to me that it would only be logical if the various agencies worked together to leverage technology in the entire judicial system, to reduce duplication of effort, and consolidate systems and services.

With the support of State Attorney Dennis Ward, then Chief Assistant Don Barrett, and Executive Director Nancy Criswell I began my pursuit of this project with high hopes.  I attempted to coordinate meetings and dubbed the effort the Monroe County Justice IT Committee.

What I was met with was what I would call a serious protectionist type of paranoia.  While certain agencies were willing and eager to participate, others were more concerned about what type of power trip I was on, and how I may have been trying to take control of any aspect of their agency.  Perhaps they were nervous about light I might shed on inefficiencies or how they were managing their current budgets.

Keys Courts Ignore Local Businesses on Sole Source Wireless Project

State of Florida and Courts Have Budget Shortfalls Someone should tell the Courts

As the IT director at the Office of the State Attorney I have been clamoring for consistent reliable wireless Internet access in the Keys Courtrooms for years. Granted there are isolated Courtrooms, where off the shelf wireless routers provide some limited internet access, such as in Judge Fowler’s Courtroom, but attorneys throughout the Keys know all too well that that access is the exception. Attorneys require Internet access to do research, check calendars, and in our case gain access to our case management system as we move towards a more paperless environment.

Imagine how elated I was when it came to my attention that the Courts were pursuing consistent wireless Internet access. In July, Trial Court Administrator Holly Elomina presented to State Attorney Executive Director Nancy Criswell a quote for equipment for a wireless project from tech firm CDW-G for $34,269, with a request for the State Attorney to provide approximately ⅓ of the cost, or approximately $12,000. Apparently, the Public Defender would also be providing $12,000 to split the project in thirds. Elomina wrote on this quote which did not include any labor, “Quote for all three courthouses.” Along with this quote, Elomina provided a paid invoice for $4,945 that was from CDW-G for having provided the quote and site survey, that Elomina generously took credit for having already paid. This invoice included $1,615 of travel expenses, for as you see, CDW-G is a company based in Illinois.

Nancy Criswell, being one of the few government administrators that I admire for her frugality, and eye for detail, asked me to review the quote, and asked Elomina for a specific list of equipment that the State Attorney’s Office would be purchasing from it, along with a separate quote for such. While elated that my long requested wireless project was being addressed, I immediately was concerned about the price. Including the site survey, this project was knocking on $40,000, and while I am fully aware that a solution like the wireless router in Judge Fowler’s courtroom is completely inadequate, it probably did only cost $50. I took the quote and quickly referenced some prices from Comp-USA for comparison, and within five minutes determined that there was the potential to save $3,000.

I forwarded the quote with my chicken scratches back to Elomina illustrating the savings and asked, “Have other quotes or evaluations been procured?” Elomina never replied. Now, by law due to the fact that the equipment was under state contract there is no requirement to get other quotes. But the ultimate source of funding for this project is from the County, and according to Monroe County Purchasing Policy, Chapter 7B, any purchases under State contract over $25,000 should be sourced from other South Florida Businesses, and if prices are lower, the purchase must be made through those sources. Essentially the Courts not only got just one quote, but it cost five grand to get it.

Naked Conch Looks to Expose Local Talent

Do you or someone you know have a knack for writing?  Want to show off your stuff on Naked Conch?

Well, we're looking for some talent to help unveil the Keys because we need help... obviously in more ways than one!

If you feel you have what it takes to cover local issues here in the Keys in a lighthearted but detailed manner, send us a sample blog post!  We are specifically looking for individuals to cover specific topics, but we're not trapped in a shell.  So if you have other ideas, let's hear 'em!!

Expose me!

We are searching for people who think they can cover...

Local sports
Band Reviews
Restaurant Reviews
Bar Reviews
Upcoming Charity Events
Occupy Protests
Higgs Beach Boxing Matches
Key West City Commission Meetings
Monroe County Board of County Commissioner Meetings
Monroe County School Board Meetings

and most importantly...

what the dickens goes on inside that joint called the Purple Porpoise on Big Coppitt!!

Give us a shout at matt@nakedconch.com if you think you have what it takes to guest post on NC!

Those chosen as lucky contributors will receive a years worth of unrecycled pizza boxes rejected at the single stream recycling facility and one naked Conch koozie to help keep their beer cold!

...and if you're like us and can't write...at least send us links to your YouTube videos taken throughout the Keys.

Key West the Newspaper ready to roll this Friday, November 11

Dennis Reeves Cooper apparently has received enough financial support to publish Key West the Newspaper this Friday, November 11.  After being on the ropes financially, with  numerous stories and rumors spreading throughout the community, Cooper received an outpouring of support from local fans of the Blue Paper.

Donations both small and large have combined to provide enough financial support for Cooper to continue on with his publication.  Read about it here in the Key West Citizen.

We look forward to Friday, when we can expect the familiar Blue Paper to once again be distributed throughout Key West and found on-line at www.kwtnblue.com.

An Army of Two

3rd District Court of Appeals Judge Attributes Destruction of Due Process to our own Judge Sandra Taylor
Sometimes you feel vindicated. Sometimes there is the occasion that some event occurs that solidifies your beliefs and eliminates that “lone wolf” feeling. Just when I was beginning to wonder why no one else can see what is so obvious to me, I read these words from 3rd District Court of Appeals Judge Juan Ramirez, Jr., 

“In my view, to affirm what happened here requires that we turn a blind eye to the Florida Rules of Civil Procedure, the Florida Bar Rules of Professional Conduct, and the Code of Judicial Conduct, to say nothing of the Constitutions of the United States and the State of Florida.”

What is this highly respected Judge referring to? Would you believe our very own 16th Judicial Circuit Judge Sandra Taylor, the retired Judge that has been handling so many of our foreclosure cases. What caused Judge Ramirez to articulate such an extreme, no holds barred position that correlates with my oft repeated suppositions? Ramirez explained,

“I dissent because I cannot condone the unprofessional and unethical means used by the bank’s counsel, with the trial court’s complicity, to obtain an amended final judgment in this case. Counsel for Centennial Bank admitted at oral argument that the amended final judgment, which more than doubled the amount of the deficiency judgment, was obtained after an ex parte communication with the judge’s chambers. Either the judge or her staff then advised counsel on how to proceed. Not only was it improper for the trial court to give legal advice, but the advice was wrong—directing counsel to send a letter with a proposed amended final judgment, rather than to file a motion seeking appropriate relief. This was then followed by another ex parte communication—a letter from the bank’s counsel to the judge, that then resulted in a new final judgment two and half times larger than the previous final judgment. The bank did not even send a copy of the letter to the appellant.”

Kudos to Yaniz

Here's a big shout out to newly elected Key West City Commissioner Tony Yaniz for working to drive the last nail in the coffin of the channel widening debate.  The widening issue, which by the way, according to an ongoing  poll on this blog, is failing by almost a 4 to 1 margin.

According to the Key West Citizen, Yaniz will be working on a resolution to propose that the City's position is to put this dog to bed and not pursue it any further.

From the Citizen article...

"I am not anti-cruise ship," Yaniz said. "They provide some money to the city. I am anti-widening of the channel. It is obvious that the large majority of the citizens of this island do not want the widening of the channel. They are now starting to see through the smokescreen that was thrown out there."

I have written often about milk toast politicians, who won't take a stand or will ride the fence in order not to offend anyone.  I have argued that true leadership is doing what is right and fighting for it.  After this last effort to put a referendum item on the City ballot, which might have been OK aside from the fact that it was vague and open ended and made no reference to the potential costs, Yaniz is right to lead the way to put an end to the debate once and for all.

Rumors of Cooper's Demise have been greatly exaggerated.

by Matt Gardi

While he is not Mark Twain, Dennis Reeves Cooper is a great writer and has been a fantastic asset to Key West over the years. I have been amused by the many comments that I have read and heard regarding Dennis after word spread around the Keys that he suspended publication of Key West the Newspaper.

Most amusing to me are those that are rejoicing in the challenges Dennis is facing because I know for a fact that while he is down, he most certainly is not out! I’m reminded of Rocky, in the first movie, hanging on the ropes, with his coach Mick yelling for him to stay down. But Rocky pulled himself up to continue to fight on.

Those of you who have been relishing in the fact that Dennis Cooper now finds himself on the ropes might be the first to remind me that Rocky ultimately lost the fight. But just as in the movie Rocky, our hero’s battle may not be what every one else might perceive it to be. For as you see, Rocky won because all he ever wanted to do was go the distance and be standing after 15 rounds.

 As with Rocky, those throughout the community that are giddy at the prospect of Dennis Reeves Cooper suspending publication and having financial challenges might find themselves a bit disappointed as Dennis pulls himself up the ropes and returns to the ring for another swing. You see, anyone who knows Dennis, knows full well that his victory is not in running a newspaper that makes millions of dollars, but rather in being a vigilant watch dog in our community. His victory is knowing that when officials or business people might consider doing something a little shady, that they have to pause and wonder to themselves, “Is this going to end up on the cover of the Blue Paper?”

The Bust of Socrates in the Vatican.
Look Familiar?

Plato referred to Socrates as the “gadfly” of the state, as he irritated certain people in power with his pursuit of justice and what is right. Dennis Reeves Cooper and Key West the Newspaper play such a role in our community. 

Further, Cooper has, and continues to be, an inspiration to others who champion the same cause. The many contributors, including myself, whom over the years have come to him with stories, or written their own know full well what a value, Dennis and Key West the Newspaper have been to our community over the years.

To the chagrin of Cooper’s foes, support is flowing in, and the crowd is cheering for this under dog to pull himself up the ropes and continue the battle. At the end of Rocky, the crowds were not cheering for the fact that Apollo Creed had won another fight, rather they were cheering for the fact that the underdog southpaw from Philly went the distance. They were cheering for the fact the Rocky had won his own battle, and inspired us all to fight on in the face of great adversity.

Fight on Dennis, fight on!

Dredging for Dummies

For those of you that read my columns with any frequency, you might have a sneaking suspicion that I’m not the greatest fan of government waste. The mere fact that any government entity is even considering a five million dollar feasibility study to dredge the cut coming into Key West harbor has me oscillating between laughing and crying. Laughing because it is clearly fodder for a John Stewart segment, and crying because I know government is just stupid enough to do it.

First, let’s put all those “if you don’t support dredging the channel you are anti-business” arguments to bed. Quite the contrary. Many of the opponents of this proposed five million dollar displacement of our tax dollars are business owners themselves, and recognize the need for a diverse economic base. It’s that word diverse that I would like to stress, a word that characterizes a healthy, sustainable economic base.

Let’s take a look at the rationale behind this disastrous determination to dig. The argument is that the cruise ship industry is moving towards larger ships, and that current sections of the channel leading into Key West Harbor will not be navigable to such vessels. In the end, it is theorized that due to this constraint, the cruise ship industry will be forced to choose other ports of call, abandoning Key West, and destroying our local economy.

State Attorney Dennis Ward To Take Closer Look at Robo-signing.

Inspired by a recent article in Florida Bar News, State Attorney Dennis Ward of the 16th Judicial Circuit in Florida has expressed a renewed interest in examining what has commonly become known as robo-signing. Robo-signing and it’s derivatives occur when banks and their counsel create documents relating to foreclosures that are often questionable in nature. Recent media attention has been directed towards the issue resulting in a temporary decrease in foreclosure filings, but that trend now seems to be reversing.

In a recent discussion after the Florida Bar News article, Ward stressed that his greatest concern is preserving the integrity of the system, including both the legal process and land records. In instances when someone is not paying their mortgage he feels that a creditor should have every right to foreclose as expeditiously as possible, but he stresses that that is provided the creditor does so with valid paper work, and within the proper bounds of due process.

“The economy has created an unfortunate avalanche of foreclosures,” Ward suggests “and with that sheer volume it is realistic to expect some valid errors. But in those instances when someone knowingly creates questionable documents and files them, I have a problem with that.”

In many cases knowingly questionable documents have resulted in foreclosures, and Ward sees two problems resulting from this. First is the obvious fact that a bank may have taken possession of a home by questionable means, a point of contention in public debate of the issue. Some see this as a smaller infraction than the homeowner holding onto a house and not paying their mortgage. But State Attorney Ward is equally as concerned about the difficulties this creates down the road as a result of clouded title histories. He feels this also could create challenges for subsequent purchasers who may have to deal with the ramifications of the questionable process that occurred well before they bought the property.

“There is no question that this puts pressure on property values across the board,” Ward suggests, “and ultimately it places a burden on our tax base, record keeping and legal system down the road.”

Homestead Exemption Band-aide (Slay the Vampire of Over Taxation)

As published in Key West the Newspaper 9/16/2011

Question. Should I be thankful if a vampire offers me a band-aide for the puncture wounds on my neck? You might not have guessed that the band-aide I am referring to is Florida’s Homestead exemption, but I would like to take you on a little adventure to explore the revered exemption, and it’s nebulous counterpart, Save Our Homes and illustrate how they are regressive monstrosities. But mind you, the true story is that government is the vampire sucking the lifeblood out of all of us through over taxation, while we remain distracted on the merits of the band-aide they give us in return.

First, take a moment to go on line and review section 196.031 of the Florida Statutes. Well, obviously more than a moment because as you might see, the section is as tangled as the anchor line piled in my anchor well. But this is commonplace when government creates a “solution.” The idea is, that in order to assist Florida homeowners that reside in their primary residence, that the first part of their assessed property value be exempt from taxation. Or more appropriately, the vampire requires so much blood to sustain itself, that it offers a band-aide to “voters” and we should all be thankful.

Leader or Politician? (Demetrios, you're my hero!)

As originally published in Key West the Newspaper on August 26, 2011

I’m not a fan of milk toast leadership. You know, the kind of politician that always has the smile, wants to tell you what you want to hear, rides the fence, and whose primary consideration is their own political preservation and aspirations. In boom times, these types only gag me like a nice glass of oily bilge water, but when we are in a crisis, these ineffective, self-absorbed, do nothing, offend no one type of politicians serve as nothing more than lead ballast in a sinking boat.

While it is true that I am consumed with highlighting when these types are deficient in their service as our elected or hired officials, I would be remiss if I did not draw attention to a few of the true leaders throughout our community that make a positive difference. Yes, believe it or not, among us are individuals with the characteristics of honesty, truth, practicality and whom put their community before their own self interest. Admittedly I may not always agree with them on every issue, but I do know where they stand, and to me that is more important than a smiling jackal who will tell me what I want to hear and then either do nothing, or worse do the opposite of what they promised.

So who are some of our local heroes? Let’s start with John Dick, Chairman of the Monroe County School Board. John has been serving since 2006 and has consistently been a vigilant fiscal watch dog, conducting his own research, and aggressively challenging the school administration for better service. John will look you in the eye and tell you the stark reality of any given situation, and more importantly let you know where he stands. I know there are people that vehemently dislike John. More than likely this is because John will discuss and make the hard choices that are needed, regardless of how popular such positions or rhetoric are. John’s been trying to save a sinking ship while other less useful School Board members vilify him.

Ron Saunders Endorses Department of Justice Investigation of Attorney General Pam Bondi (with the Ferocity of a Common House Gecko)

As originally run in Key West the Newspaper Aug 5, 2011 (With online Updates)
Matt Gardi Revisits the Latest in Foreclosure Fraud

If you have been looking for a distraction from the latest Surreality TV of the Debt Ceiling Debacle, otherwise known as how 535 grown adults and a President can’t do third grade math, look no further. It’s been a couple months since Key West the Newspaper published a six part series I penned on the foreclosure fraud crisis that our State and Nation are currently facing. If you recall, throughout the series I described the rampant fraud that began with the mortgage securitization process, examined the evasion of filing fees by banksters, and worked through robo-signing and the rubberstamping of questionable cases by Judges. Ultimately the series exposed how the process is destroying the rule of law and our title histories and effects each and everyone of us, whether we’re in foreclosure or not. You know, sort of a touching love story.

The series illustrated that the resultant clouded title histories will continue to erode confidence in our property values for decades. Decreasing property values then destroy net worth, and put more homeowners in a negative equity position, the prime reason people choose to walk away from their underwater mortgages. This only perpetuates the cruel and vicious cycle, which also is destroying our tax base, and causing budget shortfalls in so many of our local agencies. The entire series is still available on my blog at www.nakedconch.com.

The Tallahassee Two Step

As Originally Published in Key West the Newspaper July 15, 2011

I grew up in the middle of the energy crisis back in the 70’s when gas skyrocketed from around thirty five cents per gallon to well over a buck.  America was in a crisis.

I remember a conversation my Dad and I overheard while standing in line at the hardware store.  It seems “Mr. Green”  had found a solution to the high price of gas.  Apparently the adjacent town had an Esso station that was selling gas for five cents less per gallon than the Shell station in our town.  As we left the store I watched as Mr. Green drove off in his Chevy Impala the size of a barn.

I struggled to do the best math my seven year old head could muster.  If the next town was ten miles away, and Mr. Green’s car got twelve miles per gallon, it would mean Mr. Green was burning a couple of bucks in gas to save maybe a buck.  To me, something just didn’t add up.  Maybe there was a great deal on smokes too, who knows?   I was just a seven year old, and Mr. Green was an adult.

My parent’s solution was a ‘72 Toyota Corolla that got 34 miles per gallon.  My folks had traded in the station wagon with the tailgate you could play volleyball in for the car we affectionately called the grapefruit.  Supposedly for it’s color, but more for it’s size.  I fondly remember the ten hour trips to visit grandma with two adults, five kids and a dog piled into that car.  We did more with less and survived.

The Sunshine Flaw

As Originally Published in Key West the Newspaper June 24, 2011

I’m not a fan of the Sunshine Law.  Oh, don’t get me wrong, I love the intent of the Law, just not the law itself.  You see very often politicians in the interest of appearance “solve” a problem by creating legislation, then pat themselves on the back, give themselves accolades and add the accomplishment to their campaign rhetoric.  Regardless of whether or not they actually resolved the problem.

In the case of the Sunshine Law, who could argue with trying to stop public officials from conducting business behind closed doors, or working back room deals.  But as with many of these feel good laws it only serves to keep legal people legal.  Those intent on doing back room deals will continue to do so simply because the parties involved and benefiting from the meeting behind closed doors wouldn’t turn each other in.  It is also important to note that the legislature in all it’s great concern, exempted themselves from the law.  Go figure.

So what does that leave us with?  Those trying to abide by the law have to struggle with understanding it, abiding by it, and need to worry about the occasional minor slip up.  That slip up then becomes the fodder of political opponents, and a consumption of time for the State Attorney to diagnose.  In addition, the State Attorney has sponsored symposiums that only a handful of locally elected officials have attended, or even expressed interest in.

What a cataclysmic waste of time and resources.  However, if any politician had the courage to propose a change to it, it would be political suicide.  Imagine the simple minded headlines, “Gardi wants to promote back room deals!”   

Untangling the Foreclosure Mystery - Part 6

I’d like to extend a heartfelt thanks to Key West the Newspaper for providing me this forum to discuss the critical nature of this foreclosure mess over the last several weeks.  I hope at the very least I have been able to illustrate a reason to look beyond the headlines so that we all become a little more aware of these issues.  It is critical that we all understand how so many financial ailments find their root cause embedded in the intentional fraud devised and perpetrated by the too big to fail banks.  It is a layer cake comprised of mortgage fraud, fraud when the mortgages are securitized, and all topped off with a nice decorative icing of foreclosure fraud.

So now that we are in this mess, how do we get out of it?  First we have to stabilize property values by building confidence in our title histories.  The downward spiral  we are in only places more homeowners in a negative equity position, which is the primary cause of foreclosures, and this only perpetuates the cycle.  We need to do more than run articles of Real Estate agents screaming buy, buy, buy!!!

Our County Clerk needs to do an intensive reclassification of virtually every property in our County.  Not just those in foreclosure, but EVERY property.  Notices need to be sent out to every mortgage holder that if proper assignments have not been accurately recorded within a time specified period that all claim to the property beyond what is on file will be eliminated.  Any subsequent assignments need to be accompanied by copies of a properly transferred note, whose dates of transfer correlate with the mortgage assignments. Detailed documentation of the physical location of each note from inception to present needs to accompany these new filings.  These filings need to be reviewed in detail to detect any BS, and anything that even looks suspicious needs to be immediately referred to the State Attorney.