Today on the Naked Conch Hour - Jake Brady - Candidate for Monroe County Sheriff.


Joining me to day, Friday Feb 24 at Noon on the Naked Conch Hour is Jake Brady, Candidate for Monroe County Sheriff.
Watch live on Naked Conch
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New Bank Settlement to be Subsidized by...Yup..the Taxpayers?

No Teeth Settlement Exposed by Financial Times.
- Naked Conch - Posted by Matt Gardi -  Feb 17, 2012

Leave it to a foreign news source to cover the most pressing issue in the USA.  No need for American news sources to cover the shortcomings of a settlement that relieves global bankers from criminal prosecution for the greatest fraud in world history.

Even for those that thought that the Federal and State regulators' recent settlement with the Big Banks was a step in the right direction, albeit a small one, we now learn that not only have the banks evaded criminal prosecution for destroying the vast majority of our title histories, but in fact, we the taxpayers, will be the ones paying the settlement on the bankers' behalf.

This only continues to confirm that our Federal and State regulators are neutered by the Banks' control and influence, and that it is imperative that we address the infractions and damage done at a local level.

According to the Financial Times, (Along with a great analysis available at ZeroHedge) an "Unannounced Clause Links HAMP payments with the pact."  The article states,

However, a clause in the provisional agreement – which has not been made public – allows the banks to count future loan modifications made under a 2009 foreclosure-prevention initiative towards their restructuring obligations for the new settlement, according to people familiar with the matter. The existing $30bn initiative, the Home Affordable Modification Programme (Hamp), provides taxpayer funds as an incentive to banks, third party investors and troubled borrowers to arrange loan modifications.

Neil Barofsky, a Democrat and the former special inspector-general of the troubled asset relief programme, described this clause as “scandalous”.

“It turns the notion that this is about justice and accountability on its head,” Mr Barofsky said.

BofA, for instance, will be able to use future modifications made under Hamp towards the $7.6bn in borrower assistance it is committed to provide under the settlement. Under Hamp, the bank will receive payments for averting borrower default and reimbursement from taxpayers for principal written down."
Sweet.  Just sweet.

Or better put, as Tyler Durder pens on ZeroHedge.com, "Just to be clear: the guilty party in a fraud against taxpayers has their 'punishment' paid for by the innocent taxpayer who had the crime committed against them? ok, thank you."

Today on the Naked Conch Hour - Tom Peteck, Candidate for Sheriff


Joining me to day, Friday Feb 17 at Noon on the Naked Conch Hour is Tom Peteck, Candidate for Monroe County Sheriff.
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Both State Attorney Candidates Support Some Form of Decriminalization of Marijuana

- Naked Conch - Posted by Matt Gardi -  Feb 11, 2012
As the campaign season heats up heading into the 2012 elections, I was surprised to learn that both candidates for State Attorney, incumbant Dennis Ward, and his challenger, former Chief Assistant State Attorney Catherine Vogel support some form of decriminalization of Marijuana.  Catherine Vogel discussed the topic with me live on the air on KONK during a recent appearance on my show, the Naked Conch Hour.  I followed up with Ward off air to get his thoughts regarding the topic, and while being much more guarded, he suggested that he too, might support similar legislation.
To be clear, the concept of decriminalization is by no means “legalization.”  But rather, would take the criminal aspects away from the infraction, while still maintaining a civil penalty.  Proponents of decriminalization argue that there is a tremendous waste of resources that go along with criminal charges being filed against those being caught with small amounts of marijuana.  Factoring into the equation is taking Law Enforcement off the streets to process the arrest, consuming time and resources at the jail, and then the subsequent labor and material costs associated with the State Attorney, Clerk, Courts, and possibly even the Public Defender’s Office.  Proponents suggest that criminal prosecution of those caught with small amounts of marijuana is a costly objective.  They suggest that decriminalization would result in a civil citation being issued, the pot being confiscated, and the individual paying a fine, much like a traffic ticket.  This in turn would generate revenue for all aspects of law enforcement.
 
Opponents argue it creates a slippery slope, and will lead to further acceptance of illegal activity and condones recreational drug use.  They suggest that a relaxed fine, as opposed to criminal prosecution may not create a great enough deterrent to recreational users, thereby increasing the use of marijuana, and aiding the criminal enterprises that exist behind the scenes, producing and distributing pot.  They suggest that a fine simply will become a price to be paid for indulgence.

On my show, when Vogel was presented with the question as a result of the flow of conversation, she was quick to point out that as State Attorney she would always prosecute the laws as they exist, and would not impart her sentiment upon the duties of the office, and the responsibility of prosecuting those currently charged.  However, she expressed her thoughts that from her research jail time does not seem to change the behavior, and agreed that the amount of resources consumed were substantial.  Therefore, she concluded that she would support a legislative approach to decriminalizing possession of small amounts of marijuana.  We didn’t have the opportunity to get into the specifics of what defined small amounts, but Vogel was clear of her support of some sort of decriminalization if developed by the legislature.

State Attorney Ward was much more cautious, requiring specifics such as what defined a small amount before offering an opinion.  He was however quick to offer his full support for the medical use of marijuana, but a little more guarded when it came to possession.  He argued that juveniles already have a way to avoid criminal charges, and thought that age should also play a factor in consideration of any such legislation.  He wouldn't disagree that there was a huge consumption of resources that went along with a criminal prosecution, even in the event of a juvenile that may avoid a criminal record but whose case was still managed by the system.  Ward did eventually capitulate that there may be some instances that it would make sense simply to cite someone with a civil infraction and collect a fine, versus consume all the resources to criminally prosecute.  However, he was clear that he would only support such legislation if small was in fact “very small,” and that he would still have to evaluate such a change on all aspects of the legislation developed.

Today on the Naked Conch Hour - 49 State Settlement with Banks

Joining me to day, Friday Feb 10 at Noon on the Naked Conch Hour is Rick Boettger, fellow Show host, and columnist for Konk Life to discuss the recent 49 State Attorney Generals settlement with the banks regarding their foreclosure practices.  Where are the handcuffs?



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Park Held Hostage Against It's Will

AKA - Government at it's best!
- Naked Conch - Posted by Matt Gardi -  Feb 3, 2012

A little known public park on Lower Sugarloaf has been held against it's will unable to serve the public as it would like to for approximately the last two years.  In what can only be hoisted as a disturbing pennant of the proverbial "I'm from the Government, I'm here to help," this little gem of the Keys has been commandeered and cut off from public access... at the public's expense of course.  Worse than that, with it's care under the watchful eyes of Government, this prime piece of Real Estate has also been removed from the tax rolls.

Now granted, it is my understanding that this gem was gifted to the State, and I am in the process of finding out more details, but what used to be a slightly overgrown lot, with an old house on it a few years ago, used by locals to watch the sunrise, fish from, and maybe drop a kayak from, has become a pristine park...logically fenced off from use by the public.

I understand budget constraints, but somehow the State was able to spend money to rebuild the seawall and boat ramp, construct the kiosks, level the ground, spread gravel and landscape this pristine piece of paradise. (Let's not get into the fact there was probably a nice contract that was awarded to perform these enhancements.)  Yet, ultimately they also spent money to build the large gate at it's entrance, and adorn it with the big ol' lock that secures it from the nasty public, hell bent on entering... and dare I say "enjoying"...this public asset.

So perhaps with budget constraints, our Government can not afford to maintain or insure what they have built and that is the reason this parcel needs to be shut off from public access.  It's ironic, because we often hear the rhetoric of how the wealthy have bought up all the water access and restricted open access, but yet here we have an example of our very own government doing exactly the same thing.  AT OUR EXPENSE!

Surely we could not trust the public to properly use open land without the amenities of State provided conveniences.  Even though the public is doing that exact thing from adjacent property, across the channel, and from the nearby bridge.  Surely if the lot was a gift, the State could not risk simply leaving it as natural open land, but instead needed to groom it like a Disney World attraction so that it would be nice to look at from outside the locked gate!

Folks, people say that I'm "radical or extreme" for my suggestion that all levels of government can reduce their budgets by 25% without missing a beat.  This is a perfect example of what I am referring to, and it is what the State has done with this property that should be more appropriately dubbed "radical or extreme."  Furthermore, I suggest that those reductions can occur, AND the level of service can be increased.

However, if we keep listening to high paid government bureaucrats suggesting that they have "cut to the bone," we will be left with more Parks like this to enjoy.



McPherson Files for Saunder's House Seat

Saunders Expected to Run for State Senate
- Naked Conch - Posted by Matt Gardi -  Jan 31, 2012

So there you have it.  Former Key West Mayor Morgan McPherson has once again filed to run for Florida House District 120 as a Republican, for a seat currently held by Representative Ron Saunders, a Democrat.  This year it looks like Saunders is expected to run for State Senate.

For those of you that don't recall, McPherson also ran in 2010.  As the hand picked candidate of then Florida Speaker of the House Dean Cannon, McPherson was knighted as the supposed party pick to take on Saunders.  Oddly, one local Keys Republican took a little exception to the fact that our District Republican Candidate was hand picked by northern Floridian party officials and stuck his neck out to take on McPherson. That local candidate was...none other than myself.  For highlights, you can review my 2010 campaign website here.

I was naive to think that the race would be fair.  Who woulda thunk that the Republican Party of Florida would donate to a Republican candidate in a contested Republican primary?  But donate they did, to the tune of tens of thousands of dollars, along with full time staff and associated donations from PACS that received funding from the RPOF.  In the end, little ol' Matt Gardi was out spent by my estimation 20 to 1, by money that was primarily from upstate.  Click here for one analysis of our contributors.

In the end I lost, but proudly I took 45% of the vote spending roughly $7,000 to McPherson's $150,000, winning most precincts from Key West to Marathon, only being bested by great margins in Dade County.

My primary concern was that locally, we Keys Republicans could field a better candidate to take on Ron Saunders.  It was an atrocity that any State party get involved in anyway before a primary.  The choice of whom Keys Republicans choose as a candidate should be decided by local Keys Republicans, and not State party officials long before a filing deadline.

Let's hope we don't have the same scenario evolve again.  Should RPOF officials get involved early and anoint McPherson with support and financing, it could discourage other potential candidates from filing.  That doesn't give local Keys Republicans a choice in determining whom they feel would be best to represent them in a potentially VERY winnable contest should Saunders choose to run for Senate.

I've been asked if I would run again, and to be honest the challenge of overcoming the potential differential in financing is daunting.  To that end, I call on local Republican leaders to speak out NOW and call off any premature donations from the RPOF to ensure that all qualified candidates feel welcome to the race.

But I haven't ruled out a run for House District 120, nor should others who may be considering a run for a seat where there may be no incumbent.  However, I must admit, I am a little distracted analyzing a similar race without an incumbent...one that I feel is vital to our local community as well... that of Monroe County Clerk.  

Krutko - Round Two!

Robert Krutko joins us once again for the first half of the show, tomorrow, Friday, February 3 at Noon.  Last week we heard his arguments for his lawsuit against the City of Key West.  The audio of that show is still available, here on Naked Conch.  This week we let Robert tell us how he got into legal hot water.  Was it his actions, or was it a conspiracy of government officials and local business people working to silence him?  Let's find out.

Watch live on Naked Conch
or

Bankster vs. Deadbeat - A Blast from the Past

With the 50 State Attorney Generals so close to a settlement with the banking industry to accommodate the fraud that is so pervasive in the industry, we thought we would bring back our blast from the past video which gives a great overview of the "bankster vs deadbeat homeowner" debate.  The settlement appears to whitewash the fraud, and allow for penalties rather than convictions, with States such as California, New York, Nevada, Delaware and Massachusetts raising objections...while our esteemed Florida Attorney General Pam Bondi advocates for the banks.  Enjoy the video, we feel it is a comprehensive analysis of the debate!

Krutko Kronicles - You Make the CALL!

Here is an audio of the show discussing Krutko's case against the City of Key West.  Feel free to comment below.


Krutko Kronicles - Begin This Friday

- Naked Conch - Posted by Matt Gardi -  Jan 25, 2012
He's been compared to Christ (By Sloan Bashinsky), but many throughout our community consider him the devil.  He might have the City of Key West on the ropes for another "Duck Tours" type of lawsuit, and he has been covered in just about every blog and newspaper in the Florida Keys, including most recently in the Key West Citizen.

Robert Krutko is scheduled to appear this Friday, January 27 at Noon on the Naked Conch Hour on KONK broadcasting.  Krutko's story has more twists and turns than a channel in the Mud Key mangroves, and is a story that is easy to get lost in.  But now, this Friday, Krutko tells his side in person on the Naked Conch Hour...or as in person as he can get with a Florida arrest warrant hanging over his head.

That's right, Krutko will be appearing by phone from Ohio and we'll be discussing whether that arrest warrant is justified, or whether Krutko is a victim of a corrupt system, hell bent on destroying him while he fights for justice.  We will examine the merits of his lawsuit, the potential theft of his charter boat, and the subsequent legal challenges Krutko faces.  This won't be a free ride for Krutko to simply state his side of the story, we plan to place him in the "hot seat" and see if he stands tall.

Krutko Kronicles online poll will go live at 11 AM, January 27th



Other Stories We're Following
What didn't Mary want to put in writing?  We've been conducting a slow extraction of information from the Office of the Public Defender, (Like trying to pull gum out of your shoe treads with a used Kleenex.) and we are just a few follow up questions away from a complete analysis.  It's good...or bad if you're a taxpayer.

Decriminalizing Pot??? You might be surprised how our candidates for State Attorney feel.

Only a few days left to nominate your favorite Pizza joint in our Pizza Wars contest beginning the first of the month.  We're determined to find the best Pizza in the Keys, and have you share your input!!

Stay tuned to NakedConch.com by subscribing to follow by email in the upper left corner of the blog!



Roger McVeigh for Schools Superintendent!

It's Time for a Numbers Man.
- Naked Conch - Posted by Matt Gardi -  Jan 22, 2012
Yes, I know we just took away the voters ability to elect a Superintendent, relying instead on our five School Board Members to select the chief administrator of our school district.  But a guy can dream can't he?  Why would I encourage our School Board to recruit McVeigh for the top dog of our schools?

Aside from the fact he is a smart accountant with high level real world private sector experience, and aside from the fact he's a likable guy with great communications skills who has worked tirelessly serving on the Schools Audit and Finance Committee, his latest comments regarding budgeting for Charter School enrollment illustrates the fact that he "gets it."  You can read about it in an excellent write up by Sean Kinney of the Keynoter here.

The article also illustrates the shortcomings of the most recent School administrators and their approach to budgeting.  It covers the "latest" excuse for a budget issue being caused by not budgeting for the worst case scenario, and the result being the need to notify the State that the School District has dropped below the three percent cash reserve threshold, steering the ship dangerously close to a State take over.

Recall that during last year's fiscal fiasco, Superintendent Jesus Jara had suggested that he had "cut to the bone."  But then, as this year's fiscal folly unfolded, Jara suggested that NOW he would really start cutting?!!?  Really?  It doesn't take a rocket scientist to realize that if you plan for the worst, and things get better, then you actually have a windfall, versus the standard routine run by our gurus of education of continually ignoring reality, budgeting for unrealistically optimistic projections, and then getting stuck in a self created "crisis."

McVeigh appropriately states the obvious when he says, "When you're budgeting in a situation like this, you've got to budget the cost side at the worst case scenario. Budget estimates are always going to be off. There's always going to be negative surprises. You've got to be prepared if you're going to provide quality education to the students."

That's why I'm calling for placing McVeigh at the helm, it's time.  Before we just assume Jara stays on at the end of his term, and before Andy Griffiths heads off for training and fires up his array of consultants to assist in a "search" for the best and brightest to lead the schools, let's take advantage of a known resource we have right in front of us.  It's time to look past leaders with an "Education" background and bring in a numbers guy like McVeigh until the fiscal house is back in order.  All the well intended education policy in the world is useless if we keep stumbling from financial crisis to financial crisis, unable to reasonably plan for the future.

To top it off, today when I spoke to McVeigh about the idea, he said he'd take the job for $80,000.

Naked Conch Hour Guest - Catherine Vogel - Candidate for State Attorney

Reminder: This week's guest on the Naked Conch Hour on the KONK Broadcasting Network will be Catherine Vogel - Candidate for State Attorney. 
Tune in this Friday, January 20 at noon!
Take the Poll - Office of the State Attorney

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or

If There Was Any Question Who Feeds Us Our Candidates?

- Naked Conch - Posted by Matt Gardi -  Jan 17, 2012
Is it me?  It's me...I know...it's me.  Clearly the tables below don't explain why we have a revolving door of Goldman Sachs execs in and out of the Treasury and the Fed regardless of what party we choose to utilize to "throw the bums out!"  Certainly the banks don't control our candidates, influence regulation, or help us define who is a credible candidate.  
Pay no attention to the man behind the curtain, Dorothy!  
Oh, and thank goodness the fine folks at Bank of America can step it up a notch where others (Merrill, Lehman, and Bear Sterns) have failed!


Is It Time to Close the Marathon Courthouse?

The Ghost of Tom Willi comes to visit.
County wants to waste huge amount for THREE TRIALS a year.
- Naked Conch - Posted by Matt Gardi -  Jan 15, 2012
Call me scrooge, but I find myself pinching public pennies a bit more than usual lately.  Oddly, my frugality seems to find a harmony with a chord played by former Monroe County Manager Tom Willi back in 2007.

Willi had floated the idea of closing the Marathon Court House but the issue was quickly shut down by the likes of Judges Ruth Becker and Sandra Taylor coupled with no support from the County Commission.

In our recent foray into squandering public funds to appease a few select members of our Keys community, while renovating the current Marathon Courthouse we have learned that along with asbestos, we now have mold in the building.  This has prompted Commissioner George Neugent to call for the demolition of the building, as he suggested it might be better to find a way to build a new municipal center with the help of the City of Marathon.  You can read about it here in the Keynoter online.

It's hard not to like George Neugent, because he does seem to think a bit outside the box and always tends to keep an eye on the bottom line.  But let's dig a little deeper and see if we can consider some other alternatives that might just take it a step further.  Let's summon the ghost of Tom Willi, shall we.

First, in the Keynoter article, Ryan McCarthy exposes the fact that Judge Becker held a grand total of THREE trials in 2011.  One of the needs that justify a new Courthouse is the challenges that go along with holding trials, and conducting jury selection.  I'll also concede that it wouldn't be the most popular thing to tell Marathon residents that they might have to drive to Key West or Plantation Key to take care of their Court related needs.

But let's look at some other factors.  Currently, challenges like first appearances happen from Judge Fowler's Courtroom in Key West via video conferencing to the jail.  Could we possibly hold some or most of the less significant hearings via teleconference from a smaller existing facility in Marathon?  Perhaps a facility such as the Sheriff's Hanger, or that beautiful conference room at Mosquito Control might offer just such a location.  Also, isn't the state moving to e-filing with the Clerk's Office, won't the need to actually show up in Court be reduced dramatically with the implementation of advanced technologies in the near term?  Haven't the Courts implemented the use of Court Call allowing for appearances by telephone on a greater scale?

Beyond the capital outlay to construct a Courthouse, we must remember that there are other costs associated with ongoing support.  The facility will require maintenance and cleaning, along with the cost of utilities.  Labor costs associated with security must be considered.  Also, the County pays close to $100,000 in rent annually to maintain offices for the State Attorney and Public Defender.  Much of this could be consolidated, reduced and eliminated if we made better use of our existing County facilities in Marathon, and Court facilities in Key West and Plantation Key.  Even the Clerk's Office might be able to be consolidated.  As it is staff at the Clerk's Office and the State Attorney's Office in Marathon are exchanging a vast majority of their documents electronically now, they never even leave their desks.  Does it matter where those desks are?

Instead of spending resources on new construction, we should be leveraging technology, and utilizing or enhancing existing facilities in Marathon to accommodate for the less vital Court related activities.  Then, for those THREE trials a year, we can suffer the inconvenience of holding them in Key West or Plantation Key. Who knows, maybe we can even reduce the expense of one Judge and their support staff in the 16th Judicial Circuit as well?  Any takers on how their caseloads compare to Statewide averages?

We'll leave that for another post... ;).



   

GUEST POST: STOP SOPA!

- Naked Conch - Posted by Mike Mongo-  Jan 12, 2012
Oye,
Imagine if you were alive at a time
when the internet was voted on in the US.

On January 24, the US Senate is voting on SOPA.
SOPA stands for "Stop Online Piracy Act".

"Online Piracy" means Google, Facebook, Reddit, Twitter and YouTube. SOPA is being sponsored by old (non-internet) media—ABC, Warner Brothers. Others supporting SOPA are Comcast and Verizon. The group of 81 politicians supporting SOPA are bought and paid for by old money media corporations.

SOPA funds a "firewall" to prevent US citizens from viewing internet exactly like China's Great Firewall.

That's anti-American.

The one place that is growing and creating jobs in the US is the internet. Old media wants that money.

I want you to help spread the word. The internet is awesome but old media is trying to kill it. Right now.

This is that time. On January 24, politicians are voting on the internet.

Spread the word: "STOP SOPA".

Keep up the good work,
Mike

Schools Owe FEMA $487,000!

Whew, only a half million.
- Naked Conch - Posted by Matt Gardi -  Jan 10, 2012
School Board Vice Chair Andy Griffiths informed Naked Conch today that the Monroe County School District owes a sweet tab to FEMA of close to half a million dollars.  Without providing any detail, Griffiths suggests that it is for a similar reason as the City owes FEMA $6 million.  I guess we should be applauding a job well done?!? Perhaps the individual/s involved deserve a bonus.

That comes at a great time as the Schools are facing budget shortfalls which might require drastic cuts, regardless of the outcome of the upcoming .5 mil referendum.

This only reinforces my rhetoric that I am compelled to regurgitate each time some giddy local official brags about bringing home the bacon, or finding a federal or state grant, or facilitates some other form of funding as if the money is free.  It's not.  There's always a catch.  Beyond the fact that every level of government is broke, and that the gleeful acceptance of this "free" money only mortgages our children's future, we are now faced with FEMA asking for it back at a time when we can least afford it.

It's time to wake up, and stop this insane approach to governing.  It's time to accept that we can only expect from government services of which we are willing to pay for today.  It's time.

A Conundrum for David Fernandez

Well, what do we have here folks?
- Naked Conch - Posted by Matt Gardi -  Jan 8, 2012


This would appear to be a City sidewalk.  One that seems to be graced with some art, expression or..."graffiti?!?"

First let me go on the record to state that I wish no ill will towards this establishment.  Further I would encourage this type of character and expression if I was a City leader.  Within reason of course.  It creates character, and differentiates Key West from Podunk, Iowa.  It's what attracts visitors.  We also all know that this type of expression exists all over Key West, and it's a good thing.

But it is just that "within reason" part, where City officials have the ability to exercise discretion in how they handle such instances as this...and the Virginia Street wall.  In this instance, if I were a City official, and if it is found to be that the restaurant has painted this, and it is indeed an infraction of City ordinances, I would politely ask them to remove it at their expense.  I would suggest that if they would like to express such creativity that they petition the appropriate channels for a variance to do so.  Just as with the Virginia Street wall, reason would dictate that the the issue would have been resolved in a few short days when the wall was to be torn down.

But in the instance of the Virginia Street wall, Assistant City Manager David Fernandez had a little pow wow with City Manager Jim Scholl and chose to live by the letter of the law twisted to the extreme for their bizarre rationalization defending their actions.  They deviated from "reason" and chose to expend City resources to paint a wall that would be torn down.  They chose to vindictively have those that painted the wall cited with misdemeanors of Criminal Mischief.

So there it is.  Does Fernandez have a little conference with Scholl, send in a City crew with pressure washers, have Key West Police document the damages, and then ultimately cite those who painted this on a City sidewalk with Criminal Mischief?

Or will Fernandez conclusively prove that he was selectively enforcing City ordinances in the case of the Virginia Street wall?

Or will he do us all a favor, issue a public apology, resign, and leave Sweet Tea's alone?  

School Board District 3 Added to Naked Conch Election Polls

The race for Monroe County School Board District 3 has been added to the Naked Conch Election Polls!

With the advent of Larry Murray throwing his hat in the ring for District 3 School Board against Mark Peterson we have added a new poll at the top of the page.  Murray and Peterson will vie for the seat hopefully to be vacated by Duncan Mathewson.