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BREVARD WATCHLIST

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Follow the paper trail behind the latest news and hold local leaders and businesses accountable.


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11/20/2009 10:56 AM | Click to Comment

County term limits unconstitutional? Lawyer says yes


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BY JEFF SCHWEERS

The eight-year term limits that voters imposed on Brevard County commissioners nearly a decade ago may be unconstitutional and unenforceable, a lawyer for Brevard County’s Charter Review Commission said.

Sam Goren, a well-respected Broward County lawyer who also represents several south Florida governments, told the board this week that the two-term limit imposed on county commissioners violates Florida case law, its constitution and statutes.

Goren told the charter review commission that the same issue was recently raised by the Broward Ethics Commission and is under review by the county attorney’s office for Broward County.

\"In addition, the issue has broad implications which will affect every county in the state of Florida,\" Goren said in his Nov. 17 memo, and recommended the commission get an opinion from the Florida Attorney General. To see the memo, click here.

He said the commission may recommend removing the term-limit provision as a \"housekeeping measure\" to stay consistent with state law and the constitution.

The Charter Review Commission had asked Goren for his opinion on Nov. 5, after a recommendation was made to delate language from from Section 2.4 of the Charter: \"No county commissioner shall serve more than two (2) consecutive terms.\"

Brevard County voters overwhelmingly approved the term limits by a 3-1 margin in 2000.

But a Florida Supreme Court opinion in 2002 held that imposing term limits on county officers is an unconstitutional \"attempt to impose an additional disqualification from elected office.\" Goren also cited a Supreme Court advisory opinion that held county commissions and school boards were included in that list.

Article VI of the Constitution provides only persons who are disqualified from seeking office are felons who haven’t had their civil rights restored, and state elected officials who have been in office for eight consecutive years.

Goren also noted that State Sen. Michael Bennett, R-Bradenton, filed a joint resolution to place 12-year term limits on county officers, including commissioners.

What do you think? Should the County Commission eliminate term limits?


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11/20/2009 10:56 AM County term limits unconstitutional? Lawyer says yes
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11/19/2009 03:00 PM | Click to Comment

Must teachers monitor MySpace, texts to prevent new types of \'Cyber-bullying?\'


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By Matt Reed

Brevard Public Schools\' definition of bullying has broadened to potentially include lots of everyday boorish behavior among kids. And new policies on \"cyber-bullying\" have raised questions about how much of that behavior teachers are now responsible for stopping, especially when it comes to students\' text  messages and posts to social-networking sites outside school hours.

Excerpts from a PowerPoint presentation used in staff training sessions across Brevard County:
  • l Besides the usual threats and attacks, \"Indirect bullying can be ... spreading rumors, public humiliation, deliberately excluding someone from a group or activity, relational aggression (gossip, lies, betrayal, isolation).
  • l “The physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated under this section.”
  • l \"This means no matter where or when a computer was used to bully/harass a student or school adult, if reported, disciplinary sanctions must be taken by a school administrator.\"
  • l \"REMEMBER! Your requirements to uphold the law…Prohibit bullying or harassment by any student, school employee, volunteer, parent and/or school visitor.\"

So, does that mean gossip, teasing or mean-spirited posturing among adolescent cliques suddenly counts as \"bullying?\" And are teachers responsible for monitoring kids\' Myspace pages to prevent bullying on nights and weekends?

Not exactly, said Janean Knight, the resource teacher for the Safe And Drug-Free School Program that organized the training.

Teachers must act on evidence of cyber-bullying only if students or parents print out the offensive material and bring it to teachers\' attention, she said. After that, a school inquiry must determine if the bad behavior rises to the level of bullying by determining if it was repetetive, involved an \"imbalance of power,\" and was done on purpose.

It takes three to warrant disciplinary action for bullying, under district policy.

\"It could be it was a one-time situation, it wasn\'t nice, but they work it out and move on,\" Knight said, describing what would not count as bullying.

Regarding teachers\' responsibilities, Knight said: \"There\'s nothing in the policy where teachers need to monitor kids\' MySpace and Facebook sites.\"

What do you think? Click \"comment\" above.

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11/19/2009 03:00 PM Must teachers monitor MySpace, texts to prevent new types of \'Cyber-bullying?\'
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11/19/2009 01:30 AM | Click to Comment

Listen for Matt Reed on "Bill Mick Live"


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Tune in from 7-8 a.m. Thursdays as columnist Matt Reed tackles local issues on \"Bill Mick Live,\" on WMMB 1240 AM (1350 in northern Brevard).

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11/19/2009 01:30 AM Listen for Matt Reed on "Bill Mick Live"
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11/18/2009 04:29 PM | Click to Comment

Drilling through the oil numbers


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Chevron Genesis Oil Platform in the Gulf of Mexico
near New Orleans, La.

BY JEFF SCHWEERS

State lawmakers and business leaders who are behind the push to lift the drilling ban off Florida\'s coasts have been waving around a report by economist Hank Fishkind that the state will see $2.25 billion a year in royalties based on an estimated 3 billion barrels lying under Florida\'s waters.

But how solid are those numbers, really?

Reports from around the state are poking holes in Fishkind\'s numbers:

  • Frank Alcock, director of the Marine Policy Institute at Mote Marine Laboratory, says in Nov. 14 Tampa Tribune editorial that the assertion by Fishkind that 3 billion barrels of oil is under Florida waters comes from a U.S. Geological Survey that includes waters off of Alabama, Louisiana, and Texas as well as land deposits all the way to Oklahoma.

  • The Daytona Beach News-Journal reported Nov. 3 that the 150 million barrels a year Florida could produce exceeds the 140 million barrels produced by Alaska, California, Louisiana and Texas combined during their peak production year, 1995.

  • Bob Rackleff, a Leon County Commissioner and energy policy activist, wrote in the St. Petersburg Times on Sept. 11 that six decades of oil exploration off Florida\'s coast found \"no commercially viable oil or gas. In fact, the dry hole rate for all onshore and offshore drilling in Florida since the 1920s has been about 98 percent.\"

FLORIDA TODAY called Fishkind to find out the source of his barrel figures, which are the basis of his economic predictions about how much revenue the state could make if it lifts the ban on offshore drilling. But we\'d like to see the scientific data that backs up his claims.

What do you think?


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11/18/2009 04:29 PM Drilling through the oil numbers
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11/17/2009 04:00 PM | Click to Comment

Caregivers responsible for feral cats


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By Matt Reed

So, who\'s responsible when a feral cat from a nearby \"colony\" howls all night or does something unpleasant to your property?

Could the responsible party be one of those cat-loving registered volunteers who feed the animals and claim to control feline populations by getting them spayed and neutered?

Yes, says a legal analysis requested by Brevard County Animal Services.

\"Brevard County Ordinances defines the term \'owner\' to include caregivers,\" says the September memo from the County Attorney\'s office.  \"In turn, the definition of \'caregiver\' includes any person who cares for any animal, feral or tame. It is clear that a feral cat colony caregiver is responsible for exercising reasonable care to ensure that the colony does not cause injury to humans, other animals or property.\"

Other interesting excerpts:


\"Colonies must be appropriate, controlled and registered ... Therefore, the county may choose not to return cats to a feral colony if that colony is not properly controlled. Animal Services and Enforcement has the right to immediately seize and remove all, or part, of any colony if the animals are creating a public health concern or a public nuisance.\"


\"Nuisance means: 1) Disturbing the peace and quiet of any person by ... continually barking, howling, crying, screaming or making other bothersome noises. 2) Disturbing the peace of any person by ... repeatedly destroying, desecrating or soiling public or private property ... or other behavior that interferes with the reasonable use and enjoyment of the property.\"

Today, Brevard County has an estimated 1,000 colonies.

The Brevard County Animal Services Department works in partnership with the Space Coast Feline Network to identify problem colonies. The cat network pays to trap, neuter and return animals in those colonies with grants, including a recent $10,000 gift from PetSmart. The county has not provided funding for the past three years, network supporters said.

The county\'s Web site for the program says: \"A feral cat colony may be registered with the Space Coast Feline Network when a volunteer caregiver can assure that:  1) regular feeding will be maintained throughout the year,  2) adult cats and kittens over 8-weeks of age that can be captured will be neutered and vaccinated,  3) every attempt will be made to remove kittens from the colony before 8-weeks of age for domestication and placement.\"

Does all that trapping and \"fixing\" work? That depends on the source.

A 2003 report by the University of Florida Conservation Clinic, an arm of the UF law school, says:  \"An enormous and growing population of free-roaming cats exists in Florida, posing a threat to the state’s native animal species, and creating a serious public health concern. Proponents of trap-neuter-release (TNR) and maintenance of cat colonies have been pressing local governments to enact ordinances to permit establishment and registration of cat colonies in local jurisdictions. But TNR and managing large numbers of cats in colonies does not effectively control cat overpopulation.\"



Earlier Posts

11/17/2009 04:00 PM Caregivers responsible for feral cats
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11/17/2009 10:47 AM | Click to Comment

Watch out for stimulus scammers


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BY JEFF SCHWEERS

Con artists are looking for ways to cash in on the Obama adminstration\'s $787 billion stimulus aid, USA Today reports.

State and federal officials are getting thousands of reports of scam artists getting people to give out their bank account information with the promise of stimulus money, a report in today\'s USA Today says.

\"People are being tricked out of their money,\" Federal Trade Commission lawyer Monica Vaca told the paper.

Current events from Michael Jackson\'s death to foreclosure prevention to swine flu are inspiring con artists to come up with new scams. Florida\'s Attorney General has filed civil suits against debt relief companies that take huge fees up front before even starting to pay off consumer credit card debt. Anyone who believes they are victim of a scam can contact the Federal Trade Commission at 1–877–FTC–HELP (1–877–382– 4357) or visit https://www.ftccomplaintassistant.gov/.

Earlier Posts

11/17/2009 10:47 AM Watch out for stimulus scammers
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11/16/2009 02:20 PM | Click to Comment

Florida, 31 other states settle with Vonage

BY JEFF SCHWEERS

Some Vonage customers in Florida may be in for a refund.

The company, one of the nation\'s largest Internet-based phone providers, made a $3 million settlement with Florida and 31 other states. The company has agreed to make significant changes to its marketing practices, honor cancellation requests and give refunds to eligible customers, Florida\'s Attorney General announced today.

The company allegedly paid customer service reps bonuses to keep customers from cancelling, making cancellation nearly impossible, the release states.

\"Today’s agreement puts strict limitations on this practice and requires recording and verification of these telephone calls,\" the AG said.

The settlement also addresses issues dealing with customer confusion about costs associated with equipment and service. Vonage will revise its disclosure agreement regarding free services, money back guarantees and trial periods.

The settlement also creates a restitution plan for eligible customers who have unresolved complaints about unauthorized charges between January 2004 through next March, the AG said.

Consumers can file a complaint by contacting the Attorney General’s Office at 1-866-966-7226 or online at http://www.myfloridalegal.com.

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11/16/2009 02:20 PM Florida, 31 other states settle with Vonage
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11/13/2009 01:18 AM | Click to Comment

Cities oppose lift of drilling ban


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A fire breaks out on an oil platform in East Timor
where workers try to fix a leak.

BY JEFF SCHWEERS

The Space Coast League of Cities has weighed in where the Brevard County Commission took a pass -- voting 11 to 3 this week to oppose lifting the ban on offshore drilling off Florida\'s gulf coast.

\"Rather than to pursue this destructive, divisive, outdated, and economically short-sighted and unsustainable policy, the Space Coast League of Cities, Inc., supports a concept of leading ours tate and nation to cleaner alternative energy, preserving Florida\'s beaches, and protecting Florida\'s tourism industry,\" the resolution introduced by West Melbourne Councilwoman Stephany Eley states.

Reasons for opposing any measure to lift the ban, which has been in effect since 1981, include:
  • A 2003 Congressional report that says increasing offshore production would not displace imports to reduce U.S. reliance on foreign oil;
  • A 2007 U.S. Department of Energy report shows that opening Florida to drilling would not have a significant impat on doemstic crude oil prices until 2030, if ever;
  • Nearly 80 percent of U.S. oil resersves are already available to oil exploration with 68 million acres available to drill;
  • A Lawrence Livermore National Laboratory study found that oil use declined in 2008.
The League, a non-profit organization made up of elected members of 16 municipalities in Brevard County, also voted to forward the resolution to each Brevard city and county, the County Commission, members of the Brevard County legislative delegation and the state House and Senate leadership.

The County Commission has approved a resolution taking no position on the drilling question.

Senate President designate Mike Haridopolos, R-Merritt Island, has been pushing for Florida to lift its drilling ban, but has put off introducing legislation until hearings around the state can be held.

To see a copy of the Space Coast League of Cities resolution, click here.



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11/13/2009 01:18 AM Cities oppose lift of drilling ban
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11/12/2009 01:00 AM | Click to Comment

Why Crist opposes a stimulus bill that might succeed (just like Crist said)


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Crist talks stimulus in February

By Matt Reed

What did Republican Gov. Charlie Crist say earlier about the federal stimulus bill? And why is he backtracking as a Senate candidate? For the record, note what Crist said in a video address in February. Crist seemed to endorse it then.

For most voters, and many economists, the jury is still out on whether Congress and President Obama\'s $787 billion economic-stimulus bill will improve the economy. In some important ways, the spending has kept problems from getting worse, keeping classrooms open and saving hundreds of jobs in Brevard Public Schools and local colleges.

Agencies have only recently launched 129 local construction projects on Brevard County roads, airports and military facilities, contracts valued at $232 million so far. And there\'s no accounting for how the tax cuts -- representing one-third of the stimulus bill\'s cost to Uncle Sam -- will affect employment and profitability here.

But the jury somehow leaked its verdict to the conservative wing of the Republican Party -- energized voters who dominate primary races. To the conservatives and libertarians who now speak for the Brevard Republican Executive Committee, the bill represents big-government waste, debt and socialism. And conservatives\' favorite candidate for U.S. Senate -- former House Speaker Marco Rubio -- said Wednesday that the stimulus bill itself has caused Florida\'s stubbornly high unemployment rates.
 

Now facing a tough Republican primary race, Gov. Crist appears to have changed his tune on the stimulus. In political advertisements and newspaper reports, Crist says he never endorsed it.

\"It seems to be the president\'s answer to almost every challenge that\'s facing our country is to spend more money,\" Crist told the Associated Press.

All those middle-class school and college jobs saved? The ones that keep restaurants open and lawn services employed? Reckless spending, Crist seems to be saying now.


While we continue to reserve judgment and follow the dollars, we\'ll leave it to you to compare Crist\'s new outlook with his earlier address.

Crist\'s own stimulus czar, Don Winstead, told Congress last week that the federal spending had saved or created 29,300 jobs in Florida, based on a federal formula.

You can track local contracts at Recovery.gov. 



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11/12/2009 01:00 AM Why Crist opposes a stimulus bill that might succeed (just like Crist said)
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11/11/2009 03:17 PM | Click to Comment

Ida forces evacuations from gulf rigs, platforms


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BY JEFF SCHWEERS

This just in from the Minerals Management Services division of the Department of the Interior: hundreds of oil and gas operators are reboarding the 158 production platforms and 10 oil rigs that were evacuated in advance of Tropical Storm Ida.

The agency reports tht 22.8 percent of the 694 manned production platforms were abandoned during the storm, and 15 percent of the 33 manned rigs operating in the Gulf of Mexico. The evacuation shut-in 43 percent of the gulf\'s oil production, or 560,000 barrels; and 28 percent of the gulf\'s natural gas production, or 1.3 billion cubic feet.

Shut-in refers to the process of shutting below-surface valves to prevent release of oil or gas to protect the environment.

Estimated energy production from the Gulf of Mexico as of March was 1.3 million barrels of oil a day and 7 billion cubic feet of natural gas.

Click here to see the report.

So, what happens next? According to the Minerals Management Service, facilities will be inspected for damage, and facilities will be rought back on line. Damaged facilities would have to be repaired first. The MMS will continue to update and evaluate shut-in statistics until they are no longer significant, the agency said in a news release.


Earlier Posts

11/11/2009 03:17 PM Ida forces evacuations from gulf rigs, platforms
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