Dumb And Dumber

' We've got a list of bridges, some of which are unsafe, but we won't give you the inspection reports because we don't have to. There's no law that says we do.' That's the figurative message The Citizen got when it asked for the reports of bridge inspections from the The Florida Department of Transportation. What kind of crap is that?

Doesn't that just give you real confidence in the Florida Department of Transportation? Here is a public department - a branch of state government - designed to serve the people, and it won't even let you see any reports about bridges over which you have to travel. Where, pray tell, is the leadership in that department? In this case, asleep at what is supposed to be the bridge between the Department and the public.

This dumb move to keep the reports secret and the even dumber refusal to give the reports to a newspaper doing a follow up story on the collapse of the Interstate 35W bridge in Minneapolis is nothing less than appalling. What ever happened to common sense? Apparently the folks in the Florida Department of Transportation who made the decision not to release the reports have none.

That stupid decision is a case in point why the Florida Sunshine Law needs to be strengthened. Now, the question is: what is Governor Crist going to do about such arrogant stupidity? The wise move would be to say to the secrecy morons in the Florida Department of Transportation, "Give The Citizen and other members of the public the reports" or take a hike -- a permanent one from your job! "

Yet Another Food Recall

This one involves the removal of more than 100 tainted products from Castleberry's Food Co. Some of the products wound up in Key West grocery stores and were removed.

This latest recall really makes you think about what we are eating, not to mention who's minding the food inspection store. It certainly doesn't appear to be the Food and Drug Administration these days.

See the list of tainted foods here. According to the Company's July 21 press release, the original recall that was "announced on July 18 included 10 products" but was expanded on July 21. There is more information on the main page of the Company's website about the "Great Value Chili products included in this recall" according to the Company's website. Check it out here.

Who's Minding The Tattoo Suit?

Let us get this straight. The Key West Ink tattoo parlor lawsuit against the City is going to a hearing before the Circuit Judge on Tuesday, July 31, 2007. The lawyer for Key West Ink has offered to settle and resubmitted a proposed settlement agreement to the City Attorney on Tuesday, July 24. In the settlement, the City gets the lawsuit dismissed, pays no damages, and pays no attorney's fees. The tattoo parlor gets to open and is subject to all laws the City Commission might pass, however restrictive.

However, with a deadline looming that the City has known about for months, the City, apparently, has not responded to the offer. Reportedly, the City Attorney is out of the office until Monday, July 30,2007, leaving it to the City Manager to respond to the press with some lame excuse why the City can't seem to decide if it likes the proposed settlement.

What are we going to have here, another Duck Tours case where the City now has to pay mega bucks but could have avoided doing so if it had taken the matter more seriously and made the required critical decisions in a timely manner? City officials are hired to make tough decisions, but they don't seem to be doing much of that here.

Mind you, we don't care whether there is a tattoo shop on Duval Street or not. But we do care about how the City makes decisions and how principled it is in doing so.

A decision on the tattoo parlor settlement is not rocket science, but in typical Key West fashion, the City appears to be deciding not to decide. This is just plain irresponsible.

In case the City thinks the public isn't on to this tactic of not deciding, the City is wrong. Not deciding is a decision. At least with us, the City is not going to get away with its usual mantra of, " Well, we just ran out of time. Guess we'll have to see what the judge says." The public deserves straight forward principled decision-making in its city government, and so far, in the tattoo matter at least, doesn't seem to be getting it.

Giving Back The Money

Key West Commissioner Harry Bethel: "The Walshes give money during campaigns, so does Pritam Singh, so do all developers," he said. "But with all this going on, I simply chose to return the money."

Like, hey, yeah, guess so. Already under investigation for an alleged ethics violation, Commissioner Harry Bethel, who is not seeking re-election to the City Commission but is running for the Utility Board, decided to come down from his mountain vacation long enough to give back a campaign donation of $1500 from the family of developers who had recently asked that the city annex Wisteria Island so they could build about 150 plus homes there. Without annexation, under Monroe County's current rules, the developers could build two homes.

While the now withdrawn annexation request was was an issue before the Commission, Bethel along with Commissioners Danny Kolhage and Clayton Lopez just happened to have attended a dinner on Sunset Key with a vice president of the Walsh family companies.

By way of background, in many places there would be nothing wrong with several legislators meeting and talking with others and among themselves including discussing how they might vote on a piece of legislation. In Washington, DC it's done all the time. But that is not supposed to be the way it's done in Key West. Commissioners here are not supposed to have a meeting where pending matters are discussed unless the public is given notice of the meeting so members of the public can attend. That is, as we understand it, the gist of the Sunshine Law. There are also ethical issues with accepting (if it happens) something of value from a person interested in seeing a piece of legislation pass. So, in Key West, we are supposed to have open and ethical government.

But whether there are violations of the Sunshine Law or other ethical proscriptions depend upon what happened at a particular meeting and, of course, what was discussed. That is what no one seems to know, except those who were present on Sunset Key. And that is what the investigation is theoretically about.

What do you suppose these Commissioners were talking about? They certainly are friends (from time to time at least in the political realm). It is hard to serve on a political body for as long as these folks have and not like, or at least respect, each other even if your views are miles apart. So we think these Commissioners should tell the public in some detail just what went on at the dinner.

It would certainly be nice to know that, in fact, these Commissioners had only come for chicken and camaraderie and to listen to the sound of the ocean. After all, it is nice out there on Sunset Key. We've been there. Of course, never have we been in such august political company.

As for giving back the campaign contribution, that was certainly the right thing to do. Unfortunately the damage is done in political terms. The trouble is that the contribution now makes Utility Board candidate Bethel look bad politically. Now the savvy voters may well question whether Bethel should be their choice in the election; not because he returned the money, but because he got himself into the sticky wicket in the first place by attending the dinner on Wisteria Island.

It is ironic, sometimes, how the money every candidate needs to raise to run for office can, when obtained, be an unexpected political blunder that raises questions about the candidate's worthiness for office and provides grist for his opponents. But that's politics and what makes it exciting.

Walgreens Settles Suit

Remember a while back when we blogged about an employees' discrimination lawsuit against Walgreens? Well, the suit has been settled, with an agreement filed in the U.S. District Court in East St. Louis, MO.

Walgreens settled the suit, a class action brought by the U. S. Equal Employment Opportunity Commission, by agreeing to pay $20 million to as many as 10,000 African-American store managers and others. The settlement, if approved by the court brings to a close a federal civil-rights lawsuit charging they were denied promotions based on race.

Of, course, Walgreens denied any wrongdoing.

And Now Deleting Records

Not only does the whole Jim Young code enforcement situation makes the City look bad, but it appears that the City may have gone ahead and deleted electronic records it should have known were going to be the subject of controversy or litigation.

In other jurisdictions and in the private sector, the courts have dealt rather severely with such conduct. In one instance we know of the court made the defendant pay for the reconstruction of the records from backed up computer records and also gave the jury an instruction that it could assume that the destroyed records would have been unfavorable to the defendant. The jury ultimately found against the defendant. It will be interesting to see how the judge in the Young matter deals with this situation.

Wouldn't it be nice if the City just played it straight for a change, so that cases like Jim Young's become a thing of the past. Does anyone really think that will be the case? Or will KW always be politically like the wild wild west?

Timed Sex

Fort Lauderdale Mayor Jim Naugle says the city should buy a $250,000 robotic toilet for the beach because it has a timer that would prevent gays from having sex there according to a question being asked in a recent poll. What does the robot do when time's up? Ask R2-D2 to lock the door? Is this guy on the right star ship?

Stop Fish Swaps

"Florida's fishermen have built a reputation for harvesting quality seafood. We do not want unscrupulous merchants to tarnish that hard-earned image." That from Charles H. Bronson, Florida's Agriculture Commissioner. Mislabeling or misrepresenting fish is a national problem and a fraud on consumers. Under Florida law the practice is also unlawful.

Among the abuses is the substitution of other fish (often catfish) for grouper. Restaurants that substitute one kind of fish for another and don't inform consumers will now face increased fines of from $250 to $500 from the Florida Department of Business and Professional Regulation, which is required to inspect Florida restaurants twice each year. This seems like just a drop in the bucket to us, but for good restaurants, their reputation is their business, and being charged with a violation, even without a fine, would likely be a deterrent enough. What concerns us is the restaurant owner who just doesn't care. For that kind of owner a $250 to $500 fine will be thought of as just the cost of doing business.

Now Florida has created a website to help consumers combat -- and report -- mislabeled seafood. The website also contains information about the seafood industry, seafood festivals, seafood recipes, seafood cooking tips arranged by species, and interesting links to other seafood related sites. We've added a link, called "Florida Seafood," so you can check it out. Let us know what you think.

That Sickening Scent

"You smell and I'm so sensitive I have to go home sick" is the message being given, according to the Associated Press, in a lawsuit filed under the Americans With Disabilities Act (ADA) by an employee in the City of Detroit's Planning Department. The employee also claims that a plug-in room deodorizer only made matters worse. She wants a ban on strong scents at work.

We've all been there. You know, in line where the person next to you or a few people behind or in front smells like someone who was playing in a perfume garden and couldn't figure out which one to wear, so she/ he decided to wear them all. Unfortunately, the one with the real disability and the one who's sick isn't you the in line. You only have to hold your breath or inhale and then run for the coffee beans to preserve what's left of your olfactory nerve endings. The one with the real disability, the real sicko, is the one who doused on all that eau de crap in the first place.

But then, of course, the City fathers will get the blame for failing to control the eau de crap in the Planning Department. It seems like all Planning Departments have their share of eau de crap, and maybe KW is no different.

A Swinging Door May Wake You Up

If you don't know where you are, a swinging door may do the trick. We see that's the solution the Florida Department of Business and Professional Regulation and the McGuire's came up with to end their spat over the signs on the doors to the restrooms that we blogged about here. Although the signs had been up for 10 years at McGuire's Destin location and 30 years at its Pensacola pub, the Department had found them to be confusing. It had threatened to close McGuire's for "lack of signage properly designating bathrooms."

Under the agreement, McGuire's will install a swinging door "labeled men or women as appropriate" in each of the bathrooms according to the Department's Secretary, Holly Benson. The additional doors will be installed after the main door of the bathroom and before the stalls.

This will give you a second chance to read the sign and get yourself in the right place. Well, maybe. Presumably, if you're too drunk or in too much of a hurry to read, when the swinging door hits you in the head, you'll either come to your senses or pee in your pants. Either way, you'll high tail it out of there. Problem solved.

Are You A $10 or $15 Plucker?

Did you watch the Democrats' Debate last night? The Republicans will have their turn on TV soon. In Congress, however, the debate has not been quite as lofty as it was last night. It's been about money all right, but the subject -- well, that's the curious thing. As we listened with fascination, it occurred to us that the proper home for such a discussion topic would be right here in the Southernmost City.

The subject was chicken plucking. That's with a "P" if you please. There are, after all, more chickens of all varieties in KW that need plucking than anywhere we can think of. In fact, many have turned into turkeys just waiting for things to hatch. But, back to Washington where the debate over chickens is raging. Here's what they're saying:

KENNEDY: “I would like the chicken pluckers to pay $10 or $15 an hour. They do not do it. They are not going to do it. Who are you trying to kid? Who is the Senator from North Dakota trying to fool?” [Senator Ted Kennedy, Congressional Record, S.6452, May 22, 2007]

DORGAN: “Mr. President, let me stand up and say a word on behalf of chicken pluckers. I had no idea that was the debate. But they will never get $15 an hour as long as we bring in cheap labor through the back door to pluck chickens.” [Senator Byron Dorgan, Congressional Record, S.6452, May 22, 2007]

If this is what they are doing with your spare change in the Senate wing of Nation's Capitol, imagine what they are doing with your real money.

BTW, both Senators are Democrats.

The Veto Pen

We're happy to see the report that Governor Crist vetoed the $1.3 million for street beautification for tourism for Las Olas Boulevard in Fort Lauderdale; the $840,000 for Exponica International, a three-day Latin America cultural and trade festival in Miami; and the $900,000 for a gospel music museum planned in Broward County for which the pork bubbas in Tallahassee were going to spend our tax dollars. We had blogged recently about such excesses.

While we have some reservations on his vetoes of tuition hikes, we do agree with the governor that now is not the time to burden families and students with those hikes. We know also that there is a good deal of waste in higher education and therefore some ways for the institutions affected to ameliorate the effects of the loss of a tuition hike. Moreover, we don't think a 5% tuition hike can be called "modest" as the State University Chancellor would have us believe.

As for the Florida Board of Governors' threat to mount a legal challenge to the veto, our view is save your money. It will cost more than the rise in tuition, and, win or lose, you will lose in the end. Remember, politicians, like elephants, have a long memory. Politicians don't get mad, they just get even. And the governor is, above all else, still a politician.

We Were Right! It's The Navy Man!

Our political prognostications about who the KW City Commission would pick for a new City Manager to succeed Julio Avael were correct. The number one choice of the City Commission is former Navy base commander, Jim "Dagwood" Scholl. Second place went to Coast Guard Rear Admiral Jeff Hathaway. Third place went to Gary Edwards, City Manager of Moberly, Missouri.

Only the Mayor and Commissioner Bill Verge, whose district includes Truman Annex, had other "favorite sons." Verge's choice came in second. The Mayor's choice was out of the running.

In an interesting twist, the Commission picked Commissioner Harry Bethel, who is retiring, to lead the contract negotiations with Scholl. This was probably a wise move, since after Bethel leaves, the City Manager will no longer be politically beholden to him. The new Manager's negotiated contract will still need Commission approval, but Bethel, as the most fiscally conservative of the Commissioners, should be able to convince the rest to go along with whatever monetary amount is negotiated.

The Commissioners have set a salary range for the new City Manager of between $160,000 and $200,000 per year, which is considerably more than the present City Manager, Julio Avael is making.

ADDED: Turns out some other Commissioners also had "favorite sons," including Commissioner Bethel, whose choice also came in second.

We'll Know Tonight

Tonight is when the City Commission is supposed to rank the City Manager Candidates. The Commission will then begin negotiations with the top one for a salary somewhere between $165,000 and $200,000. This is way up from the current City Manager's salary range.

We'll see if our predictions of who the Commission will choose are close. You can review profiles of the candidates in the front page article in The Citizen.

The Don & Tom Show

". . . I'm one of probably six remaining Americans who still believe in the concept of free speech." So says Tom Walker in his column in The Citizen. Really? We wonder who the other five are.

Is it possible that the FCC believes there is a difference between the public airwaves and a private newspaper regarding the extent of the "free speech" to which those who rent the airspace from the public are entitled?

If not then maybe we would not have had the enormous fines generated by a "wardrobe malfunction."

As for not being permitted to use the words, "poop" and "bonehead" in The Citizen, well, what can one say?

When You Gotta Go Should You Have To Read?

When the urge is there reading is the last thing on most folks minds. Most are on auto pilot. You find the sign and enter, assuming all the while you are in the right place. At McGuire's in Destin and Pensacola, however, reading is required. Not reading may get you to the wrong place, and the butt of an Irish joke as well.

bathrooms. The Department's bottom line seems to be that the sign can't have any fine print about gender or be confusing. It seems, however, that the Florida Department of Business and Professional Regulation thinks doing your "business" is serious business and in need of professional regulation. So this Department is enforcing its regulations to insure appropriate signage on Women's and Men'sWomen's can be "Ladies," of course. Men's can't be "Ladies" and certainly not "Girls."

To the Department, which is gender neutral, it's all too confusing. So it has told McGuire's to put up signage "properly designating bathrooms" or risk being shut down.

So here's our suggestion for McGuire's: The sign for the Men's might read: "Men (except when the line for the Women's room is out the door)." The sign for the Women's might read: "Women (hurry up so you don't have to go next door)." That should be clear, even to the Florida Department of Business and Professional Regulation.

Seniors Getting Tax Help?

It looks like there may be an additional homestead tax break for senior citizens. They may be able now to claim up to $75,000 if they meet certain income requirements, if local governments act by June 1. These governments must adopt an ordinance implementing the tax breaks and deliver that ordinance to the county appraiser.

The sticking point is going to be how much of a hit the local budget will take if a particular locality implements the change in the tax law. Several cities have already declined to implement the tax break citing financial reasons. Some are waiting for the legislature to finish work on a tax overhaul bill. That stance is going to be real popular with their low income senior citizens.

Threats Don't Mean Much In Florida

Ignoring the threats of sanctions from both the Democratic and Republican Parties, and trying to become relevant in the nations debate over who should lead it, the Florida legislature has voted to change the Florida Primary to January 29, 2008. Florida becomes one of the top five states whose primaries are the earliest. The Florida primary now will likely have a major impact on who is the nominee of each of the major political parties. Florida has the largest population of the swing states.

Florida's move may cause other states to move their primaries. But there is risk in what Florida is doing. “This is kind of like the track touts trying to figure out what’s going to happen at the Kentucky Derby,” William Gavin, the Massachusetts Secretary of State told the NYT.

That kind of talk doesn't seem to bother the Republican speaker of the Florida House of Representatives, Mark Rubio, who, it appears, clearly understands the nature of the current hard-ball politics. He told the NYT that at when all is said and done, “the truth of the matter is that the nominee of either party is going to want to make sure they have not offended the big donors and the biggest activists in the most important state in the country that is electorally available.”

If the slogan, "follow the money," has any meaning in politics, the change in the Florida primary likely will pour quite a bit of extra cash into the state's economy. The candidates may be spending a good part of their winter and their cash campaigning in Florida. So by the time all the snow birds get back to Key West they'll be just in time to open their wallets and greet their favorite potential president.

The Probe Widens

Who (or what) is behind the investigation by the State Attorney's Office into the alleged illegal practices by the City in its Licensing Department? The investigation seems like much ado about much of nothing unless there is more to this than meets the dollar. We're talking about a couple of misdemeanors here. And the accused isn't going anywhere -- certainly not to jail -- except back to work.

However, the State Attorney's Office would seem to be treating the matter almost like it has become the crime of the century. A subpoena has been issued to the City from that office to look at documents requiring the signature of a building official and bearing the signature of the Assistant City Manager or any other non-licensed building official. Is this subpoena really about getting evidence to pile on additional charges against the Assistant City Manager or something else?

We think there has to be more to the event than any one is so far saying. We find it difficult to believe this is just all about the Assistant City Manager. We wonder, would the former code enforcement officer, who is also a retired cop (a detective we believe), have any incite into the whole matter? Perhaps the target is the City Manager, but so far the State's Attorney appears to be holding only duces while looking for a pair of aces that likely don't exist.

A Tennant Worth Keeping

"I just want to be able to work and live in this town." That's the view of the owner of the Waterfront Market regarding his lease negotiations with the City. Like everything in this city those negotiations seem to be dragging on and on. The parties are about $34,000 apart with some important differences. The City wants the yearly rent to increase 5% per year. This proposed increase is far more than annual inflation. There is no indication the Market will buy into this big an increase each year.

The City needs to realize that it is dealing with a grocery store not a bar. If the City wants a grocery store at that location, the City simply is not going to get the same amount of revenue as it would from a bar.

Many commercial leases have provisions that take a part of sales of a business. Those businesses, if they can, pass on this percentage to their customers. Here, that may not be feasible because competition in the grocery business is fierce. The only way for the Waterfront to survive is to be a specialty store like it is where its customers are willing to pay slightly higher prices for things they cannot easily get elsewhere. But even in the specialty store business, there is a limit to that kind of a mark up.

The City has an interest in preserving an institution (the true neighborhood grocery store) that is almost gone in most cities. This has value in the deal. It is a value the City needs to recognize because it benefits City residents and contributes far more to the quality of life of the neighborhood than any bar. This value, if the City will recognize it, could well account for dollar spread between the offers on the table.

We hope the two sides can come together on an acceptable compromise. We know the City thinks it needs the revenue, but the value of having the Waterfront Market at that location may outweigh other factors keeping the parties apart.