Flagler Estates Concerned Citizens, Inc.

A Question of Honesty

It is a sad commentary that our efforts keep bringing us to a very disturbing conclusion regarding the motives and methods of people who were hired to protect our best interests.  When we began researching the issues, we certainly did NOT expect to find what we have found.  It seems that every time we "trust but verify", we verify that our trust has been violated.  Here is a summary of the untruths, half-truths, misinformation, misconstruments, spins, etc... (Some would call them LIES!!!)

*We were told we needed a water control facility to save us from flooding. NO - WTF HAS NOTHING TO DO WITH FLOODING - See FAQs.

*We were told the watershed basin is growing. NO. THE BASIN IS THE BASIN IS THE BASIN.  WATER RUNS DOWNHILL. (FERWCD Board member is in agreement. He noted that some people are cutting in.)We are happy that the FERWCD Board are availing themselves of the site.  Information contained here is as much for their enlightenment as anybody - MAYBE MORE.

*We were told paving helps stop erosion.  PAVEMENT IS A NON-POROUS SURFACE.  WATER RUNS OFF AND INCREASES EROSION!!!  LOOK AT THE PICTURES.

*We were told that background checks should not be done on existing employees because - they may find something criminal and lose a good employee!!! (How comfortable are YOU with this attitude?  The folks in question are handling MILLIONS of our dollars??? At least Surety Bonds are in order.) Attorney denied statement.  Alas, there are recordings and witnesses that attest to the honesty of the above statements.

*We were told the residents complained to DEP about the District polluting, mandating tests and causing great expense  to the District. It is ALL our fault! DEP verified that there were NO complaints. The tests are routine.

*We were told DEP lied (on recording - many times). Funny thing! They were very forthcoming with evidence and testimony to the contrary. The District Staff is potentially creating a very powerful adversary for us.

*We were told that, by speaking the truth and exercising of constitutional rights, we were commiting LIBEL and SLANDER. (AKA Defamation)

Defamation - the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander.  It is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.

*We were told that the bridge replacement would NOT make ANY difference to our flooding situation. (As recently as 10/15/2009) According to the JE & A report done on behalf of St. John's County, the replacement indeed will have a very positive impact. (See FAQs) Other experts concur. Frankly, major improvements to our flooding situation may very well lay outside the jurisdiction of the FERWCD. Therefore, throwing money at the FERWCD is foolish if the problem is downstream.

*We were told that our low dissolved oxygen levels are due to something else - as diagnosed by a SNIFF test. Outside experts held that the most likely cause was shallow water, high temperatures and decomposing organic materials!!! The SNIFF test operator disagrees. Go figure!

*We were told DEP had the District information two weeks in advance of the September 3rd meeting. They actually received it 2 DAYS in advance. (See TIMELINE) By the way, according to DEP, the "newly discovered" information that led to the District involvement in the hearing made NO difference to their position on the issues.

We were told that the definition of a task order is that it is an agreed upon amount that, once issued, becomes a hard and fast, locked-in, binding, fixed contract. But wait!!! If it is convenient for the Staff to DISREGARD said TASK ORDER, it no longer means the same thing!

We decided to consult the Business Dictionary! TASK ORDER- “Supplementary contractual and obligating document that usually includes a task description and is usually used in task type contracts.”

We were told that the question about whether the FERWCD is a single-purpose district or dual-purpose district would not be explored.

Why does this issue matter?? If the Flagler Estates Road AND Water Control District is dual-purpose, then Statute 298 exemptions which, according to Staff, cloaks and protects them from virtually ALL OTHER LAWS, DO NOT APPLY! They would be accountable under Statute 189!!! (The answer to this question must come from the Attorney General. He only responds to questions posed by government entities.)

We were told, at the Regular Meeting that followed the May 7th, 2009 Assessment Hearing of the Flagler Estates Road and Water Control District Board of Supervisors, the District Attorney addressed the allegation that the District had chronically violated 298.14 over the course of many years. (298.14 The members of the board shall be reimbursed for their travel expenses pursuant to s. 112.061, but shall receive no compensation for their service unless the landowners at the annual meeting determine to pay a compensation, which in no event may exceed $50 per day for the time actually engaged in work for the district and in attending sessions of the board; however, if the secretary is a member of the board, he or she is entitled to compensation as provided in this chapter.) There were Sunshine Law violations questioned also. (Residents were repeatedly overcharged for copies of public records over the course of years.) The attorney affirmed that they had broken both these laws often and would try to do better from now on.

We were told Statute 120 does not apply to the FERWCD. Statute 120 requires that agendas shall be ready at least 7 days in advance and affected parties should be notified. The District policy is and has been that, if you want to know what is on the agenda, it will be available at the start of the meeting. Discussions of takings considerations have taken place at these meetings without the private property owners being informed. Attorney reaffirmed that the 298 exemption applies to 120.  We are investigating.  ALSO see Dual-Purpose Issue above.

We were told and continue to be told there are things we just do not understand!!! The Board and Staff are OBLIGATED to HELP us understand. Withholding information violates Sunshine Laws. Furthermore, on the rare occasions when perspectives are shared, more questions and confusion arise. Facts and perspectives from outside experts conflict with what "we were told."

We were told by the engineer that we pay the engineer $50,000 per year for services. There is some funny arithmetic going on.. We report. You decide.