Friday, August 29, 2014

Ashton Hayward's Form 1 2013

Below is the Form 1 filed in June by Mayor Hayward.  All City officials are required to file the form annually.


Tons of detail.

Here are the instructions.

Form 1 Instructions

Items to Note:
  • The Mayor selected percentage thresholds.
  • Part A - The Mayor does not have to list his City salary ($100,000)
  • "Gross income" means the same as it does for income tax purposes, even if the income is not actually taxable, such as interest on tax-free bonds. Examples include: compensation for services, income from business, gains from property dealings, interest, rents, dividends, pensions, IRA distributions, social security, distributive share of partnership gross income, and alimony, but not child support.
  • Mayor says none! He must not have had anything over $5,000 since its a 5% threshold.
  • Part B is blank as it should since he had no income reported above.
  • Part C - The Mayor lists property that he owns at 13900 Innerarity Point Road Esc Co.  He does not have to list his home.
  • Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you are more than a 5% partner in a partnership or stockholder in a corporation that owns the property. The value of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.
  • The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. A legal description of the property may be used, but is not required. Simpler descriptions, such as "duplex, 115 Terrace Avenue, Tallahassee" or "40 acres located at the intersection of Hwy. 60 and I-95, Lake County" are sufficient.
  • The ESCPA website does not reflect anything at this address.
  • It appears this is the Redfish Harbor owned property that has the same mailing address as Roads Inc.
  • Thus the Mayor must own greater than 5% Redfish Harbor since he listed it.
  • The Mayor does NOT list the Hallmark School property although it had an assessed value of $1,525,604.
  • Thus if the Mayor owns an interest in 349 LLC as sources have told me, it must be less than 5% or he is falsely omitting this valuable asset.
  • Part D is for Intangible Personal Assets.
  • Intangible personal property includes such things as money, stocks, bonds, certificates of deposit, interests in partnerships, beneficial interests in a trust, promissory notes owed to you, accounts receivable by you, assets held in IRA’s, Deferred Retirement Option accounts, Florida Prepaid College Plan accounts
    and bank accounts.
  • The Mayor reports none! 
  • Part E is for liabilities that exceeded your net worth.
  • You do not have to disclose any of the following: credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebtedness on a life insurance policy owed to the company of issuance, or contingent liabilities.
  • The Mayor lists his ServisFirst Mortgage and his Warrington Bank Mortgage.
  • The Warrington Bank Mortgage is for $980,000.
  • His Servisfirst Mortgage is for $375,500 so the Mayor's net worth is obviously less than $375,500.
I hope that if the Mayor owns an interest in 349 LLC  that it is less than 5% or we have a potential Ethics violation related to his Form 1 for failure to include 349 LLC.  I look forward to our transparent Mayor clarifying his ownership status with regards to 349 LLC.

Remember his press release yesterday stated:
"As Mayor, I have worked to promote a culture of openness and transparency at City Hall." he said. "I have asked employees to fully comply with this process as it moves forward, and my administration will make any new information available to the public as quickly as possible. Everything we do on behalf of citizens is rightfully open to review and scrutiny, and I look forward to a swift and satisfactory resolution to this inquiry."

Wednesday, August 27, 2014

Introducing 349 LLC

In 2013, the Escambia County School District had the former Hallmark Elementary School on the market as surplus property.  A local real estate company had the listing for the District.  The property:
  • Had a 38,895 square foot building
  • Sat on a 5.1 acre lot
  • Was appraised in 2007 for $1,900,000
  • Was assessed by the Escambia Appraiser for $1,525,604
Scoggins Listing for Hallmark

On March 4, 2013, the Escambia County School District signed off on the purchase of the Hallmark School for a purchase price of $1,000,000.  The Contract was signed by Matthew Pair or his assigns.  Matthew Pair lists his contact information as:

Mr. Matthew Pair
c/o Pair & Hayward Properties Inc.
3 West Garden Street
Suite 304
Pensacola, Florida 32502

Hallmark Sales Contract

On March 20, 2013, the Secretary of State records reflect that a new LLC was filed in the name of 349 LLC.

The Manager of the LLC is listed as Matthew Pair.

 Florida Secretary of State Link

On April 10, 2013, the Escambia County School District sold the property to 349 LLC for $1,000,000. The contract is signed by Chairman Bergosh and attested by Malcolm Thomas.

 Warranty Deed

On May 13, 2013, 349 LLC entered into a mortgage on the Hallmark School property with Fredric G. Levin in the amount of $1,100,000


On September 5, 2013, John David Ellis Jr. detailed out the Hallmark purchase noting:

"I called nearly every other day for two weeks before I received a return call. Not from the lawyer, but from the owner himself. Without having to delve into the source of my curiosity, almost certainly stemming from childhood days spent with my grandmother watching  countless investigative dramas like Murder She Wrote and Matlock, I asked what plans he had for the Hallmark school.
“A senior living facility. We’re doing a feasibility study now. If we move forward, our plans will be announced in a press release.”
The real estate broker and developer went on to say that he and three others had partnered together to make the purchase, and provided that the feasibility study supported it, he hoped to have the facility open within 12 months. While being so forthcoming with the information, the man kept the call brief."
The above are facts.  Tomorrow we will discuss and document possible implications.
Who are the four partners?  I have heard the owners are:
  1. Matthew Pair
  2. Ashton J. Hayward III
  3. Fredric Levin
  4. Fred Vigodsky

Tuesday, August 26, 2014

Guest Contributor: Ann Regan on the Mayor's Veto

By Ann Regan, guest contributor

The city council is set to consider overriding the Mayor Ashton Hayward’s veto of the Legal Services Accountability and Transparency ordinances at its meeting on August 28.  I’ve been inspired by David Letterman to suggest the top 10 reasons that the Mayor could use to discourage the council from overriding his veto. 

First, a little background.

At its last meeting on July 17, the city council unanimously passed two ordinances, dubbed by Councilwoman Sherri Myers, the “LSAT” ordinances for Legal Services Accountability and Transparency. 

The ordinances require the city administration to account for spending millions of dollars on outside attorneys.  The need for these ordinances became obvious based on Myers research. 

Myers discovered that no written contracts exist for approximately 50 of the 56 outside attorneys who were paid more than $4 million for legal services over the past 3½ years of the Hayward administration.

The first of the LSAT ordinances that passed unanimously requires 3 things—first, that the mayor or any city staff member requesting legal services explain in writing why he needs an outside attorney instead of the city attorney, second, that there be a contract in writing with the outside attorney that describes the work to be done and fees to be paid, and, third, that these documents be maintained by the city attorney. 

The second LSAT ordinance requires the Mayor to report to the city council when purchases of legal services from a single outside attorney exceeds $25,000 in a single fiscal year. 
The day after the council unanimously passed the LSAT ordinances Mayor Hayward vetoed them. 

Overriding the Mayor’s veto of the LSAT ordinances that were unanimously passed in the first place sounds like a no-brainer to anyone with half of a one.  So, I thought the mayor could use some help with reasons to convince the council NOT to override his veto.  Here are my suggestions.


Reason No. 10:  I can’t read contracts anyway, so why put them in writing.

Reason No. 9:  I know a good attorney when I see one and the city attorney ain’t it.  So, that’s it.  There’s no need to explain further in writing why I need outside attorneys. Besides the city attorney is too busy not representing the city council. (See Reason No. 8)  

Reason No. 8:  (Sorry this is so long but I love the city attorney) I’ve paid the city attorney over $500,000 for 3 years to do one job for me—NOT to advise the city council.  The city attorney is really busy doing that job. For example, he couldn’t advise the council on revising their policies and procedures because he said “I’m not a parliamentarian.”  Geez, is that a great line or what!  Ok, the taxpayers paid an additional $25,000 to hire an outside attorney to advise the council, but that’s life.  Recently, the council got so fed up with the city attorney not advising them that I hired, to the tune of an additional $99,000 of taxpayer money, another attorney NOT to advise them.  Wow! Did the city attorney do a bang-up job for me or what? Now I have two attorneys not advising the council.

Reason No. 7:  Keeping track of stuff and saving it is really hard; the city attorney can’t handle that—See Reasons No. 9 and No.8.

Reason No. 6:  There’s no need for the terms of a legal contract, like the description of the legal work to be done or the attorney fees to be charged, to be put in writing.  We all know you can trust attorneys.

Reason No. 5:  The CFO pays our legal bills promptly with no questions asked.  Besides, how can we possibly verify our legal bills—we have nothing in writing.  Hello! See Reason No. 6.  

Reason No. 4:  We know we’re violating the Payment of Claims ordinance by paying bills without verifying that the bill is legit; but, hey, we have no way to verify our legal bills, remember.  See Reason No. 6.  Besides, the auditors haven’t caught us yet.

Reason No. 3:  If we put the contracts in writing, we’d have to follow those pesky little state statutes that require contracts to be readily available for public records requests.  Yikes! Then the public could see them.

Reason No. 2:  I almost forgot—it’s taxpayer money, so who cares.

And the Number 1 Reason why the city council should not override my veto—if I have to tell the city council stuff, then everybody would know what I’m doing. 

Wednesday, August 20, 2014

Inweekly (Once Again) Breaks Their Word

In Thursday's Inweekly, the rag comes out with its endorsements in the primary next week.  Not that many care who Outzen pushes, its just that when he started the paper he said he would never do that.

InWeekly Original Promises


Plain Talk states
  • We will NOT endorse political candidates.
  • The Independent will NOT be running an editorial every week.
  • Our comments will be guided by the issue, not a political platform or personal belief.
  • Ummm.....
Outzen's hypocrisy knows no bounds.

By the way, Gene, Outzen didn't pick ya.

Tuesday, August 19, 2014

Hayward Uses Fire Department As Political Pawns

Never one to understate his support, Mayor Hayward is using a City photograph of on-duty firefighters, to raise contributions on his campaign website.

  • In four years, why has he not appointed a Chief?
  • Is a four year Interim Chief still interim?
  • Did the officers consent to be in a campaign photo?
  • How's that fire pension negotiation going?
  • How is Fire Station 3 coming?
  • Is the Union supporting your campaign Mr. Mayor?
  • Is there a law about using on duty officers in campaign materials?


Monday, August 18, 2014

Derrik Owens - 20th and Lloyd

As part of my analysis of Derrik Owens emails for the period April 29 to May 2, I noted the following timeline regarding the issuance of a contract to Roads, Inc. to repair the intersection of 20th Avenue and Lloyd Street.
  • In her update to staff at 11:45am on April 30, Colleen Castille lists the damage at 20th and Lloyd as a "Road closed or damaged due to floodwaters".
  • At 1:38pm on April 30, Carl Flowers instructs his boss "Here is the quote you asked for.  Let me know what you want to do."  It includes a quote from Stevan Hite at Roads Inc. sent all 1:11pm on April 30.  The bid is for $71,615.80.
  • Key word of note
    • THE quote...not one of the quotes, not the first of the quotes...THE quote


Here is the quote you asked for. Let me know what you want to do.


-----Original Message-----
From: Stevan Hite []
Sent: Wednesday, April 30, 2014 1:11 PM
To: Carl Flowers
Subject: 20th & Lloyd

Please call me when you get a chance
(850) 516-6508

This message was sent via Estimate by Stevan Hite. To reply click here:
  • Owens responds one hour later at 2:38pm indicating changes that Roads, Inc. needs to make to its proposal.  No one from purchasing has been involved at all.

-----Original Message-----
From: Derrik Owens
Sent: Wednesday, April 30, 2014 2:38 PM
To: Carl Flowers
Subject: RE: 20th & Lloyd

Project name needs to be "20th Ave. and Lloyd Street Emergency Repairs".  Need to ad one note that states "All work and materials will meet City of Pensacola standards and specifications".
  • At 4:54pm Robby at Roads, Inc. makes the changes required by Owens to the quote.  He forwards the changed document to Stevan and Chase at Roads Inc.
  • At 5:06pm Stevan forwards the revised quote to Carl Flowers with the City and specifically asks for an email to proceed with the work.

From: Stevan Hite []
Sent: Thursday, May 01, 2014 5:06 PM
To: Carl Flowers
Subject: Fwd: City - 20th & lloyd Emergency repais

Please reply back to this email giving us direction to proceed for this work.
Sent from my iPhone

Begin forwarded message:

From: Robby <>
Date: May 1, 2014 at 4:54:53 PM CDT
To: Chase <>, Stevan Hite <>
Subject: City - 20th & lloyd Emergency repais

See attached,


  • On Friday May 2 at 8:50am Carl Flowers forwards the quote to Derrik Owens
  • On Friday May 2 at 9:10am, twenty minutes later, Derrik Owens sends the below email to George Maiberger, City Purchasing, stating I need a PO for this ASAP.
  • No discussion by Maiberger or Owens as to process, quotes, terms, conditions

rom: Derrik Owens
Sent: Friday, May 02, 2014 9:10 AM
To: George Maiberger; John OBrien
Subject: 20th Ave. and Lloyd St. intersection emergency repairs

I need a PO for this ASAP (by noon if possible).
L. Derrik Owens, P.E., D.WRE
Director of Public Works and Facilities/
City Engineer
Here is the sad, sad part.  Six (6) minutes later at 9:16 am George Maiberger, City Purchasing emails Derrik Owens a PO number and copies our City's watchdog Tricky Dick Barker, his boss.  The email response clearly shows Maiberger issued the PO number at the Direction of Owens.  It is evident from the emails that neither Maiberger nor Barker asked about process, quotes, terms, conditions.
From: George Maiberger
Sent: Friday, May 02, 2014 9:16 AM
To: Derrik Owens
Cc: Dick Barker Jr
Subject: RE: 20th Ave. and Lloyd St. intersection emergency repairs

PO# 0072543
George J. Maiberger
Purchasing Manager
City of Pensacola
222 West Main Street
Pensacola, FL  32502
850-435-1700 (f)
From: Derrik Owens
Sent: Friday, May 02, 2014 9:10 AM
To: George Maiberger; John OBrien
Subject: 20th Ave. and Lloyd St. intersection emergency repairs

I need a PO for this ASAP (by noon if possible).
L. Derrik Owens, P.E., D.WRE
Director of Public Works and Facilities/
City Engineer
FEMA and their Office of the Inspector General are going to LOVE this example of the City's processes and procedures.  They will enjoy it even more when they tie the business partner relationship between Roads, Inc. owner and Mayor Hayward.

Friday, August 15, 2014


With the resignation of Colleen (White Wall) Castille from the City Administrator job, the Mayor appointed Tricky Dick Barker as Interim City Administrator and let him retain the role of CFO also.  This is a clear violation of segregation of duties in that Barker will be able to instruct employees to negotiate a contract, approve the contract and then approve the payment for that contract.


GFOA Best Practice

Dick Barker should never have allowed this appointment to happen as it is blatantly against GFOA and basic internal control policy.

Time to run this one by the City's auditor.

Wednesday, August 13, 2014

Derrik Owens - Day after the Storm

In reviewing Derrik Owens emails for the day after the April 29th storm, the most striking fact is how little the City Public Works Department knew about what was going on in the City until the morning of the 30th.  Voice mails and emails begin trickling in to Owens which shocked me that he was unaware throughout the night.

Teams were sent out.  They started downtown and were making their way north.

Owens was not made aware of the Admiral Mason / Aragon flooding until 9:54 am by one of his teams.

You have received a voice mail message from WIRELESS CALLER, +18503248015 for mailbox 5540.

Message length is 00:00:28. Message size is 223 KB.

Link to Voice Mail recording

Please recall I asked for ALL emails for the time period.

Tuesday, August 12, 2014

Derrik Owens...The Day Before the Storm

In reviewing all of the emails sent or received by Derrik Owens on the day before the storm, nothing really jumped out as being anything other than a normal day.  The only ones of interest were:
  • An email from Dan Flynn at the Airport on the verbage for the Council memo regarding the Airport Stormwater Pit Improvement Project Grant.  Ironic since that pit would fail and cause the damage on Piedmont less than 24 hours later.
  • The City paid $9,500 for the silly bike racks along Palafox, labor to install not included.
The best email in the bunch is included below and shows the attitude and personality of Ms. Colleen Castille:

From: Colleen Castille
Sent: Tuesday, April 29, 2014 5:15 PM
To: Derrik Owens
Subject: I want that 4th floor purple wall and stairwell wall on the second floor painted within 7 days

Colleen M. Castille
City Administrator
City of Pensacola, Florida

Really?  You need to task the City Engineer with your little pet peeve issues?
What word come to mind?

Monday, August 11, 2014

Here We Go - City Engineer Activity

After the storm that caused the flooding on April 29, 2014, I made the following public records request:

From: Maren DeWeese <>
Date: Fri, May 9, 2014 at 3:34 PM
Subject: Public Records Request
To: Jane Ballard <>

Good Afternoon Jane,

I would like to make a public records request of the following 3 items:

  1. The grant application for the $2.7 million Airport Stormwater Pit approved by Council last night.
  2. All city business related emails to or from Derrik Owens from 12:01am Tuesday April 29, 2014 ending at 12:00 midnight on Friday May 2, 2014
  3. All city business related emails to or from Dan Flynn from 12:01am Tuesday April 29, 2014 ending at 12:00 midnight on Friday May 2, 2014
Please wait until all of the documents are completed before making them available.  I would like to request them in electronic format.

If charges may apply please provide me an estimate before commencing work.


Maren DeWeese
Based on this request I received:
  • 93 emails sent by Derrik Owens
Of 93 emails sent in the timeframe above only one (1) email sent by the City Engineer included the Mayor on either the To: or CC: line.  That email had to do with repair estimates.
One!  Between the City Engineer of a city with major flooding issues and the Mayor!


Tuesday, August 5, 2014

Executive Powers vs. Bids and Quotes

Yesterday I detailed out contracts let regarding the April flooding that were reported to Council in their monthly financial reports.  A review of the City's files shows that all of the contracts were let under ongoing City contracts with the companies or through the obtaining of quotes from the vendors.

However back on May 8, 2014, Council voted unanimously to approve funding for the flood related work within the City.  In the funding request was the following:

"In accordance with City Code Section 2-4-8(a) the Mayor is given the authority to take such emergency measures as he deems necessary to protect the health, safety and welfare of the citizens and to ensure the timely reconstruction and repair of structural damage caused by the emergency event and the continued functioning of local government. Along with this authority the Mayor is also authorized to waive or suspend all ordinances, policies, procedures or customs of the City as the Mayor determines necessary for the purchase of commodities and services, for contracts of no more than one year duration, for the assignment of employees and for the facilitation of reconstruction and repair, both public and private, as the Mayor determines necessary."

Roads, Inc Funding Approval
The biggest winner in the Mayoral supreme powers exercise was shockingly Roads, Inc. of Northwest Florida receiving the following emergency contracts under our CITY ordinances.
  • Roads Inc.  $      71,615 20th & Lloyd
  • Roads Inc.  $ 1,836,260 Piedmont
  • Roads Inc.  $    251,053 12th & Bayou Texar
Stay tuned.  This is going somewhere.

Monday, August 4, 2014

Tricky Dick Barker Reports on Flood Contracts

Below are links to the April May and June Monthly Financial Presentations given to Council.

In each monthly report since the flood, CFO Tricky Dick Barker reports which flood related contracts were let by the City.

April Report

  • Atkins North America $42,000
  • Atkins North America $5,718
  • Miller Pipeline LLC $350,000
  • J Miller Construction $61,025
  • J Miller Construction $294,195
  • Equipment Controls $ 62,250
  • Miller Pipeline $35,000
  • Onesource Lawncare $35,218
  • Parsons Brinkerhoff $20,000
  • Prime Mechanical $ 2,737
  • Gulf Coast Environmental Contractors $31,085
  • Southern Utility Company $11,706
  • Atkins North America $34,370
  • Gulf Coast Environmental Contractors $119,790
May Report

  • Atkins North America $54,700
  • J Miller Construction $81,640
  • J Miller Construction $57,225
  • Panhandle Grading $11,700
  • Miller Pipeline LLC $1,270,645
June Report

  • None
Dick is making sure the Citizens and Council know where the money is going!!