Homeless Can’t Catch a Break With WPB Mayor.
As readers are aware Judge August Bonavita, ruled against the City of West Palm Beach’s law limiting food giveaways to the homeless, and the city has moved in a new direction since the court ruling.
Martina Tate Walker applied for a permit to feed the homeless on Thanksgiving Day. The permit was issued with a $50.00 fee. Since the ruling no permit or fee required. Ms. Walker can feed the homeless without fear of arrest.
I have attended the feeding for months on a Saturday afternoon to observe and police the area for any trash that may have been left behind. Here is what I noticed on Saturday Nov,11, 2023 on the Nancy M. Graham Centennial Square Park, also referred to as the Great Lawn.
Before FNB arrived a police officer and a PSC Security Guard appeared and questioned the homeless people who had arrived for a hot meal. Both left the area as they arrived–alone.
If you take the time to speak to a homeless person many will tell you the same thing, they don’t trust the police, and PSC security are worse. The homeless call them “bumble bees” because of their black and yellow uniforms. I am told by many they harass them, confiscate their few belongings never to be seen again.
At the great lawn there are many electric outlets where the homeless, and other residents, charge their cell phones. This Saturday I arrived to see locks on the outlets. In my opinion officials of WPB have lost their compassion, along with their souls. If the police want to aid the homeless do what Fort Lauderdale has done. Approach the homeless with a former homeless person, who actually has been helped. I understand they will listen to them before the police.
Repeat a lie enough times it becomes the truth.
People park on the tracks to commit suicide by Brightline trains doing 125MPH. Google says the most common way is firearms, hanging, or poisoning. No mention of trains.
At a recent SENA (South End Neighborhood Association) meeting a high-ranking police official told approximately 200 in attendance “the police dept. will have zero tolerance for the homeless” If that remark weren’t bad enough, the applause was deafening. I guess that means the homeless will not be served and protected.
Jennifer Ferriol, Director of Housing and Community Development for the City of West Palm Beach, told the crowd “Plans were in the works to change the Nancy M. Graham Centennial Square Park, from a public park to a private park. There was mention of a third party leasing the land and maybe build something for kids. In other words, feeding the homeless, or the homeless sit on a bench can be arrested for trespassing” A No Trespassing sign will be erected. City so anxious to keep the homeless away from City Hall chained the sign on a tree right outside the courtyard, near Salento coffee shop. No class.
At another meeting the same official told the crowd the homeless have banned together to form a “gang” B.S.
The same official who I rode with and was shown Curry Park where a few of the homeless call home. told me they walked the street all night because of the abuse they received at night. It is safer to sleep in the daytime when the sun is out and the cowards don’t have the darkness to hide behind.
WPB won’t learn from Fort Lauderdale
“The City of Fort Lauderdale has been sued over the treatment of homeless people. In June 2017, ten homeless individuals sued the City after it seized and destroyed property from a homeless encampment in a downtown park.”
“Fort Lauderdale first won its case at a lower court, then lost on appeal. Back at the lower court, Fort Lauderdale won again, then lost a second time on appeal when a three-judge panel ruled the city had violated the First Amendment rights of Food Not Bombs activists”
“After 7 Years, Anti-War Group That Fed the Hungry Wins Fight With Fort Lauderdale” Please take the time to read the story below and read the outcome of officials.
Stet Media Group
Stet Media Group, an independent news source, has written a story on WPB and Homeless. and can be read below. Stet Media Group is an independent source of news, who depend on donations. If possible, can you help?
“Judge strikes down West Palm food-sharing rules”
Apparently Stet Media contacted the city for a response “A city spokesperson told Stet that the city does not comment on pending litigation.”
So, it’s not over. The city will appeal, and back to court to continue to punish the homeless and the people who try to help. It’s only taxpayer money being wasted, no problem for city leaders.
The end–for now.
Judge Rules Amendment Unconstitutional
CITY OF WEST PALM BEACH vs. NICHOLAS CUBIDES, CARLY TAYLOR PRINZO, JACOB ROBBINS, MADELINE MATKIVICH.
ORDER GRANTING MOTION TO DISMISS AS TO ALL DEFENDANTS
(Cancels 11.13.23 Trial)
County Court Judge AUGUST A. BONAVITA ruled on Nov.6, 2023.
The first 3 names Cubides, Prinzo and Robbins are all members of FNB (Food Not Bombs) and have feed the homeless at the Centennial Fountain at Nancy M. Graham Centennial Square on the 100 block of N. Clematis Street every Saturday afternoon for the past 16 years, without a problem until Keith James was elected Mayor, and in my opinion declared war on the homeless. He could not accomplish this without the aid of the 5 City Commissioners who voted for the Amendment.
Public Defenders:
I was represented by Attorney’s Taylor Overman and Julie Finston from the Public Defender’s office.
I first met Taylor Overman and she is the one that kept me sane throughout the ordeal, assuring me she would do her best to have the charges dismissed. Before the hearing we met and she asked questions and I responded with answers on why I attended the feedings when I was not a member of FNB.
I explained my reasons, and at the hearing she asked the questions, and I gave my answers. Judge Bonavita listened, and asked questions of the attorneys. Taylor Overman is a woman who keeps her word. She also mentioned another attorney Julie Finston, who would assist with my defense.
Julie Finston did the oral argument portion of the motion to dismiss the case, and she cited case law and explained how they applied to my situation. She spoke with passion and did an outstanding job. How did I get so lucky to draw these two women?
New West Palm Beach Law Says Homeless Can’t Disturb City’s “Aesthetic Beauty”
https://www.miaminewtimes.com/news/west-palm-beach-passes-anti-homeless-panhandling-ban-11787350
What is the true meaning of compassion?
Compassion literally means “to suffer together.” Among emotion researchers, it is defined as the feeling that arises when you are confronted with another’s suffering and feel motivated to relieve that suffering.
Why I love dogs.
Dogs are non- judgmental. They don’t care about Aesthetic Beauty. They care about us and enjoy our company, especially when they know they are loved in return. A dog doesn’t care if your homeless and living on the streets, they will lie beside you in the heat and cold and will share you’re hunger. They know even if your different you deserved to be loved, and their loyalty and devotion prove the fact. Please notice the bowls. If the homeless man eats, his beloved companion eats, then they rest together.
Martina Tate Walker
Ms. Walker, an Ordained Minister, who has aided the homeless over the years has applied to the City of WPB for permits to feed the homeless on Thanksgiving, Christmas and New Years Day. The city has approved her permit for Thanksgiving Day, the others are pending.
If you recognize her name, you are aware she ran for City Commission seat in District I, now held by Commissioner Cathleen Ward. She is running again in 2024 to challenge Ward for her seat on the dais. Here’s what I know about her.
She has no money to hire a Political Consultant. Ms. Ward is one of the Rick Asnani, Cornerstone 5 so money for yard signs, political fliers and annoying robocalls asking us to choose Ward over Walker won’t be a problem.
I don’t know what kind of Commissioner Walker would make, but I know what kind of Commissioner we have in Ward, and I’m looking for change. If you are also looking for change, please send a contribution to Martina Tate Walker at 3209 N. Australian Ave. WPB Fl. 33407. I would like to see yard signs with Walker’s name on it. Make checks payable to Martina Tate Walker Campaign Fund.
PS Mayor Keith James. Now that the court has ruled your Amendment as Unconstitutional, did the city charge Ms. Walker the $50.00 permit fee?
In closing I want to thank my two attorneys Taylor Overman and Julie Finston along with Judge Bonavita. Most importantly Thank God, who gave me the strength and will to see this through with the outcome He wanted. If you fight God, you will always lose. For some reason I kept going back to the Judges name, not knowing why. Then I noticed the last four letters in his name. vita. How’s negotiations going with Vita Lounge to manage the Sunset Lounge?
Judge’s ruling below. Page’s 6 and 7 contain FNB and my testimony why we do what we do.
Judge rules unconstitutional against WPB
The end!
City Commissioners Please Repeal Ordinance 4836-19
Found on the City website.
“On February 25, 2019, we introduced Ordinance 4836-19 to the City Commission to prohibit the distribution, sale or use of plastic straws and plastic stirrers.
During the second reading on March 11, 2019, the ordinance unanimously passed and will go into effect on October 1, 2019.”
“give kudos to a local business for complying with the ordinance or report a violation. Our goal is not to collect fines, but to keep plastics out of the environment.”
“Businesses with reported violations will receive a personal visit first to provide details about the ordinance and offer assistance finding a good alternative for compliance. If businesses do not comply within a timely manner, violations may incur $125 per occurrence.”
I made a request to the City that they provide “Recycle bins” on Clematis St; so I could separate the plastic bottles and Plastic utensils from the trash. The city has not responded, and I don’t expect them too. Everything goes into the barrels which I find are mostly full by the time FNB feed the homeless on Saturday night. How serious is the city when they state, “to keep plastics out of the environment?”
https://www.wpb.org/government/sustainability/city-initiatives/single-use-plastics
FRIDAY, Aug. 25, 2023 (HealthDay News) — “Paper straws, meant to be an eco-friendly alternative to plastic, may not be better for the environment, a new study concludes, warning that they also contain “forever chemicals” that can harm human health.”
If the City of WPB wanted to help the environment, why don’t they lead the charge to Tallahassee and request they pass a law and allow deposit on plastic bottles? Buy a case of water, 24 bottles with a $.05 deposit will cost a buyer $1.20 extra. Return the bottles and receive $1.20 refund. Win-win for all. You will not see people walking down the street throwing nickels on the ground.
The city passed Ordinance 4836-19 in March 2019, and took effect in October 2019. We have been made aware of the test results on paper straws which was released in 2023 with multiply stories on the dangers of “forever chemicals” Now what will Mayor James and the City Commission do about it now that they have been made aware of the situation, how important is the health of their residents and visitors to WPB?
The end
Cornerstone Solutions and PBC Supervisor of Elections
The Miami Independent: Published September 21, 2023
“A Highly Partisan Democrat Political Consulting Firm Is Deeply Embedded In The Palm Beach County Supervisor Of Elections”
“On February 4, 2022, a Palm Beach County grass roots group submitted an email request for an update to a public records request via the general email inbox of the Palm Beach County (PBC) Supervisor of Elections (SOE), [email protected].
Upon submitting the request, the group was surprised to have received an ‘Out of Office’ response from a consulting firm, Cornerstone Solutions (Rick Asnani-President and Jonathan Cooper-Vice President) (Exhibit 1).”
“To appreciate the client representation of Cornerstone Solutions, you must first investigate their clientele. The following list, taken from their website, is not an all-inclusive list but is telling by the high volume of Democrat clients:”
When you read the story by the Miami Independent, and I spent an hour reading the story, and had to read it twice, because I couldn’t believe what I was reading. If you take the time, you will see the list of people Cornerstone represents, and what it takes to win an election.
“Mayor Keith James, Commissioners Peduzzi and Lambert.” Not mentioned are Commissioners Ward, Warren and Fox, all three Commissioners are represented by Cornerstone, Rick Asnani also. WPB residents know the commissioners as the Cornerstone 5, or Cornerstone 6 if you are counting James.
“Exhibit 1: Email sent to the Supervisor of Elections general inbox and ‘Out of Office’ response sent from Cornerstone Solutions – Why is Cornerstone Solutions monitoring our Supervisor of Elections inbox?”
“Exhibit 2: Cornerstone Represents Primarily Democrat Candidates. Of note, excluded from the list is Wendy Link” Wendy Link is the Supervisor of Elections who was put in place by Governor Ron DeSantis after terminating Susan Boucher, a Democrat from the position of SOE
“Exhibit 3: “Rick Asnani PACs, other contributing PACs, and Cornerstone Solution Payments”
“Question 1: Why are our tax dollars going to pay a political consulting firm to monitor a public records request email inbox when the Supervisor of Elections could be paying an employee at $15-20/hour?”
“Question 2: Is this democrat political consulting firm monitoring the content of public records requests or more importantly who is submitting requests? Given Rick Asnani’s court case regarding paying off and the intimidation of political opposition, this is quite disturbing (Article 1).”
“Article 1: Judge denies motion to drop interference case against Seminole Tribe’s organizers alleging Asnani’s firm paid off petition signature collectors to stop getting signatures and hired individuals to intimidate petition signature collectors. Essentially, Rick Asnani and his firm were on trial for intimidating political opposition.”
“Exhibit 4: Cornerstone Solutions gets Wendy Link elected and she received more votes than ANY OTHER candidate!”
“Exhibit 5: Hundreds of Thousands of email exchanges between Cornerstone Solutions and the PBC SOE?”
There are a total of 17 Exhibit’s, I presented 4; leaving the most shocking, well documented 13 for readers to ingest.
“Regarding the emails received, it is very important to address what the emails revealed. Shortly after Cornerstone Solutions got Wendy Link elected as the Supervisor of Elections in August of 2020, the Supervisor of Elections was in communication and working with Cornerstone Solutions to obtain a CTCL grant/Zuckerbucks in the amount of $6,808,977.94. The grant was submitted on September 29th and approved on September 30th. Wendy Link sends a celebratory ‘Woo hoo!!! Let the work begin!!!!’ to Cornerstone Solutions, clearly ‘in the know’ (Exhibit 6,7,8, 9, 10, 11, and 12).”
In closing, I look back on the City Commission race between City Commissioner Shanon Materio, and Christine Lambert. Are you aware that Shanon Materio lost by 183 votes? Still believe your vote isn’t important? After reading the story by The Miami Independent, and the word “Independent” is most paramount, I have decided Materio didn’t lose the race, it was stolen.
A sincere thank you to the Miami Independent for a well-researched and documented article. I totally agree with them, an investigation is warranted, now, not years from now.
The end
Mayor Frankel, James and Homeless Population
This story calls for a walk down memory lane. How much do we remember from the good old days? What got us to where we are today? Remember Pay to Play, Corruption County?
Mayor Lois Frankel March 27, 2003 — March 31, 2011
“Lois ‘Pay to play’ Frankel and Digital Domain.”
“In 2006, a grand jury looked into alleged acts of “pay to play” by West Palm Beach city officials, most notably then-Mayor Lois Frankel. Recent events centering on the now defunct Digital Domain suggest that the jury panel disbanded far too soon — more work was coming down the pike.”
“In January 2007, the grand jury concluded, “There was a perception of pay-to-play in which developers needed to pay to get projects moved forward.”
“Frankel, in my opinion, dodged the bullet on that one. The jury panel found that developers, even those from out-state, seeking city contracts contributed heavily to Frankel’s political campaign.”
“Three days after Digital Domain declared itself insolvent, Frankel announced that she would be turning over to charity $20,000 in cash contributions that Digital Domain made to her campaign.”
https://www.bizpacreview.com/2012/10/16/lois-pay-to-play-frankel-and-digital-domain-2680/
2007 The two groups, Art and Compassion and Food Not Bombs, took some digs at Mayor Lois Frankel, who was recently cleared by a grand jury of “pay to play” allegations. Frankel supported the ordinance banning food giveaways.
https://www.upi.com/Top_News/2007/12/28/Lawsuit-challenges-ban-on-feeding-homeless/91891198818860/
Excerpts from Z story. Link below.
“Food Not Bombs Battles City Government – and Wins”
“In September 2007 the city commission of West Palm Beach, Florida passed an ordinance prohibiting the distribution of free food in Centennial Park.”
“Like other ordinances and laws targeting homeless advocates across the nation, business owners and affluent residents want the homeless out of sight, even if that means banning public feedings in public places. The city’s motivation for the ordinance is evident from Mayor Lois Frankel’s recent statement that the groups “decided it’s their right to destroy West Palm Beach’s downtown commerce.”
Food Not Bombs and Art and Compassion sued the city in December 2007, claiming the ordinance violated their constitutional right of freedom of speech and assembly. The city decided not to enforce the law until the lawsuit was over so feedings continued.
Finally, on December 3, 2008, an attorney told a federal judge that the city commission had decided to repeal the ordinance and settle with the groups, agreeing to pay them $100,000 in legal fees.”
https://znetwork.org/zmagazine/food-not-bombs-battles-city-government-and-wins-by-gonzalo-vizcardo/
Keith James served as the district 4 City Commissioner from 2011 – 2019. The story below, hopefully, will give commissioners something to think about.
“The panel and McKenna haven’t always gotten along. In April, the commission, having on occasion second-guessed her opinions, took the dramatic step of hiring Charles Schoech as its own attorney, for second opinions.” Commissioner James led the charge to hire Schoech.
City Attorney Claudia McKenna will retire in April 2014 after 18 years. McKenna retired under Mayor Geri Muoio time in office and advised the city on legalities.
“Mayor James was the former Chair of the West Palm Beach Citizens’ Ethics Task Force, a position to which he was appointed by then-Mayor Lois Frankel.” Info. on City website and speaks volumes to me.
THAT’S THE WAY IT WAS, BELOW IS THE WAY IT IS.
Mayor James 2019 — 2027
Why did I begin the story with past history and stories on Lois Frankel? At James swearing in as mayor in 2019 he thanked Lois Frankel, his friend and mentor, and soon after declared war on the homeless.
George Santayana: “Those who fail to learn from the mistakes of their predecessors are destined to repeat them.”
July 2019 “Officials in West Palm Beach, Florida is trying a new method of driving homeless people away from a city-owned rental facility: children’s music. The wildly popular and extremely repetitive children’s songs, Baby Shark and Raining Tacos, play on an endless loop through the night. Mayor Keith James told the BBC it is a temporary measure to keep the homeless from the city’s waterfront space. The particular songs were chosen, he notes, “because they’re pretty aggravating if you hear them over and over.”
Below is an email sent to Mayor James and City Commissioners Fox, Lambert, Peduzzi, Shoaf and Warren. I encourage readers to read the 4-page report. It’s an easy and heart breaking read.
“The Sleeping/Camping Ban Runs Afoul of Established Case Law”
June 17, 2021 “We write on behalf of Southern Legal Counsel, the ACLU of Florida, and the National Homelessness Law Center (“Law Center”) regarding Ordinance 4934-21, which amends Chapter 54 Sections 146 and 147 of the West Palm Beach Code of Ordinances to prohibit sleeping and camping in all public areas (“Sleeping/Camping Ban”)
“The Court found that these ordinances were unconstitutional under Martin, because “it is not enough under the Eighth Amendment to simply allow sleeping in public spaces; the Eighth Amendment also prohibits a City from punishing homeless people for taking necessary minimal measures to keep themselves warm and dry while sleeping when there are no alternative forms of shelter available.”
“Finally, in Pottinger v. City of Miami, a class of homeless plaintiffs challenged Miami’s policy of arresting homeless people for conduct such as sleeping, eating, and congregating in public, and of confiscating and destroying homeless people’s belongings.”
I have been told by numerous homeless people the WPB Police Dept; with the aid of PSC Security have taken their belongings, never to be seen again. My opinion, the police officers need training in how to deal with the homeless population, what is legal and what can get them into trouble.
Dec. 2020 “In an effort to preserve its “aesthetic beauty,” the City of West Palm Beach passed a panhandling ban.”
“During the meeting, Mayor Keith James said the ordinance was not meant to target homeless people but merely meant to regulate behavior that harms businesses in downtown and Northwood. And he claimed the ordinance was perfectly legal because the regulation is limited to two areas of the city, allowing homeless individuals to move to other areas.”
“Another commissioner who challenged the ordinance, Cory Neering, said he has a family member who experienced homelessness in West Palm Beach and was unable to find space in any shelters in the city. Neering was concerned that people who couldn’t find shelter space would wind up getting arrested or fined because they had no choice other than to sleep outside.”
“But James resisted requests from commissioners to table the ordinance for further review, saying he wanted a vote on it right away. After a long period of discussion, the ordinance finally passed without the language prohibiting sleeping outdoors; the prohibitions on public urination and defecation and on panhandling remain intact.”
https://www.miaminewtimes.com/news/west-palm-beach-passes-anti-homeless-panhandling-ban-11787350
March 2023 “The city of West Palm Beach enacted an ordinance in March 2023 that requires individuals or organizations to obtain a permit 30 days in advance of hosting a special event during which food is shared by 25 or more people. The permit fee is $50, and those who violate the ordinance can be fined $500 or jailed for 60 days.”
Three members of FNB (Food Not Bombs) along with myself have been arrested, and due to appear in court on 11/13/2023 to answer charges.
Sept. 2023 DNA (Downtown Neighborhood Association) meeting. Jennifer Ferriol, Housing & Community Development, led the meeting.
At the end Ms. Ferriol mentioned the city was looking into privatizing the Centennial Park in an attempt to keep the homeless out. I was told by 2 people the statement was correct and one person added “unfortunately I think there was a round of applause for that! Most folks there wanted the homeless gone no matter what, most didn’t care where they went.” Nuff said.
Oct. 7, 2023, I attended the FNB feeding the homeless on the 100 block of Clematis St; and happy to say the chain link fence was removed for the Green Market which was held from 9:00 AM until 1:00 PM. The feeding took place in Centennial Park, no police presence, and the area was policed to ensure no trash was left behind.
I saw a group of 12-15 boys playing touch football in the park, just a bunch of kids having fun. So, if the city privatizes the park where will these young men go to get together and play ball, keep them busy and keep them off the streets and out of trouble? Double click picture to enlarge.
One more issue I will bring to people’s attention. When James raised the parking rates, he also eliminated many “Handicapped Parking” spots, and had the signs turned facing the street. If you are driving down a city street, looking for the Handicap sign, you won’t see them until you are next to them. No time to signal your intention. Traffic is backed up on your bumper, try to park and that will start the drivers honking their horn. I have mentioned this to Assistant City Administrator who said people were complaining about it. So why isn’t something done? Double click to enlarge.
Oct. 2023 Public media reports 3 unidentified men found dead in WPB. Could they be members of the homeless community?
In answer to a reader’s question: The new marina failed to pass will James have to return the $45,000 several marine companies donated to his campaign manager?
I honestly don’t know. He may be able to give it to charity as Lois Frankel previously has done.
The end
WPB Watch CC Meeting 10/2/2023
Consent Calendar: “All items listed under the consent calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items.”
The Consent Calendar has been used when politicians try to slip something thru without calling attention to the item.
On the Consent Calendar item # 7.8 “Resolution No. 260-23 waiving a potential conflict of interest related to hiring Akerman LLP as outside counsel.”
“Background Information: The City of West Palm Beach has requested Akerman LLP (the “firm”) as Outside Counsel to handle a fee dispute involving F. Malcolm Cunningham, P.A.”
F. Malcolm Cunningham, why did the name ring a bell? Two days later I remember the lawsuit filed against the city over the Sunset Lounge and who would manage the lounge.
Vita Lounge was the winning bidder to manage the Sunset Lounge. Mayor James wanted Mad Room Hospitality to manage the club and he put in motion a plan to ensure Vita was disqualified.
As expected, Vita sued the city and won the lawsuit with F. Malcom Cunningham Jr. Esquire and Amy L. Fischer, Attorney at Law defending Vita Lounge. James stated the operating costs for the Sunset Lounge at around $26,000 a month to maintain the building.
On Mar 24, 2023, the court ruled Vita would manage the Sunset Lounge. Six months later @ $26,000/ month James is costing the taxpayers an additional $156,000.00, not to mention what it cost for outside attorneys to defend the City’s position, and now we have more attorneys to challenge law fees while the lounge remains closed.
7.9. “Resolution No. 243-23 authorizing the submittal of an application to the U.S. Department of Transportation for a Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program in the amount of $1,500,000 for development of a technology-driven railway assessment for community and key safety.”
Time-lapse video of Brightline train crossing Avenue A in Fort Pierce while arms are up in this time-lapse video. Sept. 19, 2023. If God wasn’t with the people in the cars, I believe there would have been many more “suicides” on the track or people trying to beat the train, or not paying attention. Always the fault of people, never the train. Speed kills.
The three Ordinances can be read in its entirety below. 9.1 & 9.2 the City to include the question on the March 19, 2024, ballot along with our vote for three City Commissioners, Lambert, Ward and Fox.
9.1 “Public Hearing and Second Reading of Ordinance No. 5066-23 proposing a ballot question, which if passed, amends Section 2.01 of the City Charter increasing a candidate’s residency requirement from six (6) months to twelve (12) months.”
9.2. “Public Hearing and Second Reading of Ordinance No. 5067-23 proposing a ballot question to amend Section 3.01 of the City Charter to prohibit the Mayor’s potential outside employment and limit business relationships.”
9.3. “Public Hearing and Second Reading of Ordinance No. 5068-23 amending the City’s Elections Code to require submission of documentation evidencing a candidate’s proof of residency at the time of qualifying for office.”
I included 9.1, 9.2 and 9.3 to test WPB Watch readers how well we observe what we see and read. Did readers notice that Rodney Mayo’s name is not mentioned. If you didn’t notice, that’s OK, you’re probably new to WPB. Welcome
Agenda for CC meeting
City Commission – Oct 02 2023 – Agenda – Pdf
A date has been set for my trial for feeding the homeless. I appear on 11/13/2023.
The end
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.