Sandy’s second Court Date.
September 26, 2023, is a day that I will remember for a long time. That’s the day I appeared in Criminal Court along with three members from FNB, all arrested and charged with feeding a large group of 25+.
Of course, the 25+ were the homeless just looking for a meal, many their first and only meal of the day.
All the preparations that were needed. A friend to fill in the amount of my utility bills, somebody to maintain my lawn, and my biggest worry was my beloved KC who stood by me for 8 years. She would never understand my going out one morning and not coming home for 60 days. What would she think? I left her, I abandoned her, I didn’t love her anymore. Thankfully I have a very good friend who was willing to move into my home and care of her. My biggest worry taken away.
I arrived early and had no idea what to expect and the process went smoothly and quickly as I was directed to courtroom # two and was told that an attorney from the city of WPB who was prosecuting the cases would be in to speak to me.
When I looked across the courtroom and saw the three members from FNB speaking to a woman who I assumed was the attorney from WPB. It was, and my turn was next. Photo of 3 members of FNB who Mayor James and Commissioners considers criminals.
The city attorney approached me and started to explain the situation. She told me the fine could go from zero to $500. The city was willing to fine me $100 which I had 60 days to pay, or I could do community service and my case dismissed.
The city was offering me a good deal, I wasn’t going to jail that day. I told the city attorney that I was being offered a very good deal, but I had to turn it down because I was going to plead not guilty to the charge.
I attend the feedings on Saturday afternoon for two reasons, as I’ve written before, one to observe and two when the feeding was over police the area and picked up any trash that might have been left behind. I don’t want the Mayor, City Commissioners or residents that visit the area to have anything to complain about.
It was brought to my attention that picking up trash in the park, I was actually doing community service. I never thought of it that way. I don’t pick up trash because I was ordered to, I do it because I choose too.
So, what’s next?
October 2, 2023 @ 8:30 AM I am ordered to appear in Criminal Court, before a judge who will decide my “case dispositions.”
Help from Tallahassee?
170 — Local Ordinances “The bill pertains to the passage and challenging of local ordinances. It adds to the process for local governments passing ordinances and gives certain additional rights to those challenging local ordinances.”
Additionally, the bill imposes certain conditions on lawsuits brought by any party to challenge the legal validity of local ordinances as preempted by state law, arbitrary, or unreasonable. In these cases, the bill:”
“Requires the local government to suspend enforcement of an ordinance of such legal challenge, under certain circumstances.
Requires the court to give those cases in which enforcement of the ordinance is suspended priority over other pending cases and render a preliminary or final decision as expeditiously as possible.
Provides that a court may award up to $50,000 in attorney fees to a prevailing plaintiff who successfully challenges an ordinance as arbitrary or unreasonable.”
https://www.flsenate.gov/Committees/BillSummaries/2023/html/2933
Sandy’s requested PRR not received.
Thu, Sep 7, 2023. 1st. PRR requested a copy of my police arrest report.
Sun, Sep 10, 2023. Received my arrest report, in 3 days.
Shocked by the report I placed another PRR
Sept.11, 2023. 2nd. PRR requested. Quotation marks wording in police report. Request bold,
“I made contact and received a Sworn Statement from the original caller Jessica Kelly (Event Coordinator” Please supply me with a copy of Ms. Kelly’s Sworn Statement.
“I contacted WPB STIC in order to review city cameras, and Det Skotzke located the subjects on scene for more than an hour serving food in the city owned property. This video was submitted to Evidence” Please provide me with a copy video that was submitted as evidence.
Sept.29, 2023 18 days later, and 3 days before my next court date, the city has not supplied me with my PRR.
The saying above I found on Facebook and wanted to share. I believe that is what I am doing, and I know I am not standing alone.
Far from over.
Sandy’s Arrest
KELLY, JESSICA A (Event Coordinator) for City of WPB.
Below is a copy of my police report and excerpts from the report.
“I made contact and received a Sworn Statement from the original caller Jessica Kelly (Event Coordinator). She advised that at approximately 1600hrs she observed a vehicle parked on the sidewalk unloading food items, she approached to request for the vehicle to be removed.
As Kelly approached, she observed food plates and people eating around a table approximately 30 or more. Kelly asked Matkivich if she was part of the Ukraine Relief event, which had food and beverages on sale and was a permitted event, and she replied no.
Kelly then asked for the “Food not bombs” table and food items to be removed from the area. When Matkivich became aggressive and confrontation towards Kelly, Kelly walked away and contacted WPBPD.
It should be noted that Matkivich was very argumentative and did not want to provide identification to police, and at one point giving an alias of “Sandy”.
“I contacted WPB STIC in order to review city cameras, and Det Skotzke located the subjects on scene for more than an hour serving food in the city owned property. This video was submitted to Evidence. All four of the above subjects were cited under West Palm Beach Ordinance 5037-23 for Feeding Over 25 people with a court date of September 26, 2023, at 0800. All subjects signed for their Notice to Appear.”
My side of the report. I requested a PRR (Public Records Request) on September 07, 2023
“On 8/26/2023 I was arrested for the charge of feeding large group 25+. I am requesting a copy of the police report and accompanying police video.”
September 10, 2023. I received the police report, but no police video, in 3 days. After reading the police report I submitted another PRR on September 11, 2023
“After reading the report, I have another request. The report states. “I made contact and received a Sworn Statement from the original caller Jessica Kelly (Event Coordinator)”
PRR Please supply me with a copy of Ms. Kelly’s Sworn Statement.
“I contacted WPB STIC in order to review city cameras, and Det Skotzke located the subjects on scene for more than an hour serving food in the city owned property. This video was submitted to Evidence.”
PRR Please provide me with a copy video that was submitted as evidence.
September 24, 2023. The police dept. has not supplied me with Kelly’s statement, or the video submitted as evidence. 14 days and counting.
Police report also states “It should be noted that Matkivich was very argumentative and did not want to provide identification to police, and at one point giving an alias of “Sandy”.
This is definitely overkill. I never refused to provide ID to the police. I told the officer my ID was in my car which was parked 2 blocks away. I was not asked to retrieve it. They asked me my name and date of birth.
I told them Sandy Matkivich and gave my date of birth. He ran a DAVID report on me and my name didn’t come up. I told him that either Chief Adderley or Deputy Chief Morris could identify me.
I assume he called one of them because he came back to me and asked if my name was Madeline. Damn, I realized my mistake. Anyone who knows me I am Sandy. Was Sandy from the womb and will be Sandy to my tomb. I did not intentionally give the police false information.
I have questions.
Does Jessica Kelly ((Event Coordinator) have the authority to “request for the vehicle to be removed” and for the “Food not bombs” table and food items to be removed from the area”?
Why did I request the sworn statement from Kelly? I don’t recall ever meeting or talking to her. I wanted to read her entire report which was not included with the police report.
Why did I request a copy of the city video placed into evidence? The city states ” Det Skotzke located the subjects on scene for more than an hour serving food” I want to see me on camera being “aggressive and confrontation” Why wont the police dept. honor my PRR?
Response to readers who asked why I wasn’t at the DNA event on Sept 20, 2023, 6-8pm. I did receive an invitation, and notice Dear Sandy, not Madeline.
Dear Sandy,
You’re invited to a special DNA event next week:
NEIGHBORS UNITE: BUILDING SOLUTIONS FOR DOWNTOWN HOMELESSNESS – A WELCOME RECEPTION & PANEL DISCUSSION. The DNA provided food and drinks (wine).
Three weeks before the DNA invite, with the same date and time, I was invited to a farewell party for Jose Tagle, a city employee, who was instrumental to the Hispanic community of WPB for over 21 years. I accepted the invitation.
Jose is so loved and respected by all who knew him with the exception of Mayor Keith James who called Jose Tagle (Neighborhood Services Coordinator) and Tiffany David (Neighborhood First) into his office and stated, ” I’m going to cut to the chase, both of your jobs have been eliminated, effective immediately.”
There it is and I’m not buying it. Something is in the wind. Time will tell, we’re looking.
Jose party was a success with many people coming in to wish him good luck. I was in good company which included former Mayor Jeri Muoio, and former City Commissioner Kelly Shoaf along with many others. Jose Tagle will be sorely missed by former and newer employees of the city along with the Hispanic Community.
At the DNA meeting Jennifer Ferriol, (Housing & Community Development) made a statement verified by 2 people, and people in the audience had their phones out and videoed the meeting, that the city had difficulty removing the homeless, and FNB, the organization that offers a much-needed meal from city owned property. FNB feed the homeless on Saturday afternoon at the Nancy M. Graham Centennial Square and Fountain Park, also known as the Great Lawn. This is the spot the city has placed 1st; removable barriers and replaced them with a chain link fence.
Ferriol commented the mayor has formed a committee to look into making the park private. If this is successful it means the police can arrest the homeless and people feeding them. Making it private the city will lease the land to someone to do God knows what with the land. Hope it’s not Related.
Terri Parker, Investigative Reporter for WPBF (25) has written a story and can be read below.
“West Palm Beach erects fence around downtown park pavilion ahead of League of Cities meeting City says it’s not to keep homeless away but for overdue maintenance.”
The park has a Men’s & Women’s Room which the homeless no longer have access too. What are they supposed to use?
My silly analogy, and more question’s for Google. “How many bullets can a 38 revolver hold? Answer 5.”
“Does a 38 revolver eject cartridges after firing? In many top-break revolvers, the action of breaking open also pushes an extractor lever upward, which ejects all the cartridges or empty cases or moves them far enough out of the cylinder that they can be pulled out easily.” In other words, the spent cartridge stays in the gun’s chamber until removed.
Mayor James demanded wanted the Amendment to punish people who feed the homeless to be as severe as possible. $500.00 fine and / or 60 day’s in jail and needed the vote of the City Commissioners to make it happen. Three of the 5 would accomplish that, one commissioner for each chamber.
James brought the gun, loaded it up with 5 City Commissioners who voted unanimously to approve the Amendment. Not one question asked about the homeless population dying of starvation. I don’t recognize my own country, and it’s getting worse.
It’s still painful to think about James refusing to renew Henrietta Farms contract. The farm in the poorest section of the city that people of color depended on for fresh fruits and vegetables.
Why does James have a problem with feeding the poor and homeless? I have no answer, but I do know he feels no shame–ever–he told us.
The end—for now.
Commissioners Speak Out On Homelessness
9/18/2023 City Commission meeting started at the usual time 5:00 PM and ran late ending at 10:00 PM. After a 5 hour meeting people were tired and hungry.
Comments from the public start time 3:56:38 end 4:27:41
Comments from the Commission start time 4:27:46 end 4:47:56. All 5 commissioners spoke on the homeless situation. Video of the meeting can be found below.
Commissioner Fox’s statement reads in part. “I have no doubts that you have good intentions but what I haven’t heard from anyone that has been coming to talk about the one meal a week that they’re not allowed to provide. I’ve never heard anyone say Oh, I instead offered to pick up the homeless and take them to your home or to take them somewhere else to another city in order to feed them. I haven’t heard you invite them to your guest rooms. I haven’t heard you offer any other comprehensive plans and while I do know that you have the best wishes at heart one meal a week is is not really a humane way to think that this is a comprehensive approach to our homeless situation what we’re looking for in the city is to try to find housing to try to find services to try and find jobs and meals and so I appreciate all that you’re doing and coming to us to talk about the things that you think that we’re not doing but I can assure you there is no topic that I spend more time talking about, thinking about worrying about than this topic.” Fox start time 4:38:33 stop time 4:41:24
Sandy’s response to Commissioner Fox. Speaking for myself, I understand some of the Homeless population have substance abuse issues, living with mental illness and I have no training on how to help the unfortunate souls, so bringing the homeless into my home is not an option for me. One thing I am able to do is boil eggs and donate them. The City Commission meeting which ran for 5 hours, as I stated above people were tired and hungry. How many Commissioners ate dinner after the meeting? Did the one meal make a difference?
Commissioner Peduzzi. I’m not sure Peduzzi believes what he stated or trying to appease the mayor, as he read from a prepared statement, not once picking up his head and looking at the audience or camera. His 3 minute comment I found extremely offensive. start 4:41:30 end 4:44:32
Mayor James statement reads in part. “People would try and shame us, don’t get up here and throw shame at me, my administration and my commissioners, come here every other Monday and throw shame at me, it’s not going to work. And if you thing feeding someone once a week is curing the homelessness problem that is ridiculous. Don’t come here and try to make me feel bad or my administration feel ashamed because you can’t feed somebody once a damn week. Now let’s move onto something more productive.” Like Peduzzi’s statement, I was again offended. start time 4:47:59 end time 4:57:21
James mentioned “shame” 4 times, and what popped for me was his statement “come here every other Monday and throw shame at me, it’s not going to work.” Onto Google with the question “why do some people not feel shame? There is volume’s written on shame,and below is the first on the list, and that’s what I will use.
Sociopathy and psychopathy: “Both are characterized by a lack of empathy, shallow emotions, and manipulative behavior. Shame, as an emotion, is often foreign to them. Their lack of remorse or shame is not out of resilience or narcissistic self-perception but a result of these severe mental disorders.”
OLD NEWS
WPB bans begging, panhandling and loitering. West Palm Beach, three homeless people sued the city to overturn similar rules to those in the Lake Worth Beach case. ” FJI also participated in a lawsuit against the City of West Palm Beach over a similar ordinance, after which the City repealed the ordinance and settled the case; that case is Williams v. City of West Palm Beach, Case No. 21-CV-81537
Does the First Amendment protect panhandling? “Yes. As the Willis Court explains, the U.S. Supreme Court has held that the First Amendment covers “charitable appeals for funds.” Because of this, panhandling, solicitation, or begging are protected speech under the First Amendment.”
“The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.”
CC meeting: Video below.
https://www.youtube.com/watch?v=TnFz6-EzURo
There is to be a follow up story on who is really helping the homeless in WPB along with the arrest of 3 members of FNB (Food Not Bombs) and myself for the charge of “Feeding large group 25+” Special to readers I will include my Arrest Notice to appear at the CRIMINAL JUSTICE COMPLEX on 9/26/2023 @ 8:00 AM. to answer the charges. If found guilty I can receive a $500.00 fine and or 60 days in jail.
The end? –no
WPB Watch The Lord’s Place & Homelessness
Former Mayor Jeri Muoio, knowing WPB has a problem with the homeless reached out to The Lord’s Place for assistance. A contract was signed and the outreach began.
Shortly after Mayor James was elected, he cancelled the contract and has the program brought in house.
Excerpts from The Lords Website
“Our History. Our founder, “Brother” Joe Ranieri, was an orphan who experienced housing instability at an early age and whose younger brother died tragically on the streets. In honor of his brother’s memory, Joe opened a soup kitchen in 1979 to feed the homeless.”
“July 1, 2021, through June 30, 2022. Clients Served 1,747 Clients Housed 438 Clients Employed 337”
“From July 1, 2022, through June 30, 2023 Individuals served 1,838 people housed, including 55 families consisting of 119 children. 20% of residents are age 55 and over. 91% of individuals who exited our housing programs successfully remained stably housed for at least one year after program exit. 76% of those in recovery avoided relapse while in our housing programs, and 85% avoided the use of emergency/crisis services. 92% of clients served are no longer homeless.”
The Lord’s Place does not feed the homeless on Saturday and Sunday, so the WPB homeless have a need for FNB (Food Not Bombs) and We Care About People Inc. who do feed the hungry on weekends.
The City should supply residents with the facts and figures, as The Lords Place has, on how many people have been helped by the city since the election of Mayor Keith James on March 12, 2019, when the war on homeless began.
Editorial from the city.
“Public Health, city services at root of permitting rules.” Excerpt from the story below. Link below is entire city editorial.
Let’s address “Public Health” first.
“The feeding of large groups of people with no oversight is a public health concern, as there is potential for food-borne illness and excess litter within the city’s public spaces.”
Regarding the editorial from the city: their concern regarding food-borne pathogens and overflowing trash.
There are many public events being held in the same area as well as other areas of the city, for example, Clematis by night every Thursday, where food vendors are selling the food and trash is left behind and overflowing trash cans are present all the time. Why did the city pick only homeless feeding events where the number of the participants is far less than during all other events? This doesn’t make sense to me.
Let’s address “excess litter within the city’s public spaces”
I attend the feedings for two reasons, 1st. to observe, and 2nd. to police the area to insure no litter is left behind. The majority of the homeless place their refuse in a barrel, while a few do not. I pick up the few dishes, cups, and empty water bottle’s. I do not want the city to have this particular complaint so I do it willingly. The problem I do have is the city does not have container’s for recyclables. Read the city statement below. What you see is what is used for the feeding. Missing is the water bottle.
https://www.pressreader.com/usa/the-palm-beach-post/20230902/281621014908281
Rebuttal from FNB
“The ordinance requires those hosting any food sharing public expression event involving 25 people or more must obtain a permit. Another stipulation of the ordinance limits permits to two per location per year”
Four citations were issued, 3 to members of FNB and myself. We were arrested, fingerprinted, but not placed in jail. We are ordered to court 9/26/2023, and there is a possibility of being fined $500.00, and or 60 day’s in jail. Read the entire rebuttal below.
https://www.pressreader.com/usa/the-palm-beach-post/20230902/281608130006393
City Commission Meeting 9/5/2023. My message in part
“Everybody good? Let me remind you who is not doing so well.
June One dead, one injured in West Palm Beach shooting. 2200 block of Belvedere Road
July 15-year-old girl shot and hospitalized in serious condition. Tamarind Avenue
July two people were hospitalized following a shooting in West Palm Beach Lake Mangonia Apartments.
Aug. 1 killed, another critical after shooting at Village Boulevard apartment complex
Sept. 2023 The shooting occurred on 6th Street, off N. Tamarind Avenue.
7 people shot in WPB in 3 months. Other crimes!
Burglary from Motor Vehicle, Residential Burglary, Aggravated Assault, Individual Robbery, to name a few.
With the crime in WPB can someone explain to me why 5 or 6 police officers, along with 4 police cruisers arrived on Clematis St. to stop FNB (Food Not Bombs) from giving a hot meal to the homeless. I have another question. How many police officers, and PSC Security are assigned to downtown Clematis St. while people are being killed in other sections of the city?
Three people from FNB, along with myself was arrested and fingerprinted at the feeding, and must appear at the Criminal Justice Complex on 9/26/2023, and subject to a $500.00 fine and, or 60 days in jail.
James waged war on the homeless from day one, and City Commissioners gave James his amendment to allow for arrest, fine and jail time.
The story below was published Dec. 30, 2020, and please see the restrooms locked and secure. The reason the city gives is people use the restrooms for sex and taking drugs, so they must remain locked. What can the homeless use to relieve themselves?
Mayor James gave a no-bid contract to PSC Security, stating they were to patrol City Parks. What are PSC security being paid for if the city continues to lock the restrooms.
https://wpbwatch.com/2020/12/homelessnesscriminal/
The end
Not quite.
9/9/2023 The homeless arrived and so did FNB to offer a meal to the hungry. Unlike last Saturday the city placed barricades along the entire street to keep the homeless along with FNB out of Centennial Park, where the feeding took place for the last month. I was told the feeding was moved to 100 block of Clematis where I encountered more barricades along the street keeping people away.
FNB moved across the street, set up the tables and began serving the homeless. Three police officers arrived and once again 3 members of FNB were given citations to appear once again in court for a possible $500.00 fine, and, or, 60 days in jail. Click picture to enlarge and notice barriers.
The police are caught between a rock and a hard place and the city is demonizing cops. All people see is cop’s arresting, and shutting down the feedings. I want them looking at the people responsible, Mayor Keith James and the Cornerstone 5 city commissioners.
The end.