Wednesday, April 30, 2014

Dicksblog Back...with Limited Offerings from Past

Dicksblog.biz is back up but amazingly every slam against Charles Bare, Terry Strickland, Donna Clark, Gerald Wingate, Gene Valentino, Megan Pratt, Dottie Dubisson, and others have been deleted except swipes about Rick Outzen and the various contest posts (mustache, bow tie, etc.)

www.dicksblog.biz

Damage control is in the works.  If the posts about Councilmembers and citizens can be tied to City Hall, it could get real interesting.

Tuesday, April 29, 2014

Status of Merrill/Russenberger vs. City of Pensacola

Escambia County Florida Clerk of the Circuit Court
Courtviewer Records Search

CASE
Case Number 2014 CA 000082 Case Judge F / SHACKELFORD , JAN 
Case Type CONTRACT & INDEBTEDNESS File Date 01/13/2014
Case Action Code Case Status OPEN
PARTIES
Rcd Party Type Name Race Gender D.O.B. / D.O.D.
1 Plaintiff MERRILL LAND LLC A FLORIDA LIABILITY COMPANY,      XRef-ID:
Attorney: PATTERSON  PATRICK MICHAEL 
Attorney: PARTINGTON  BRUCE D 
2 Defendant THE CITY OF PENSACOLA A FLORIDA MUNICIPAL CORPORATION,      XRef-ID:
Attorney: KERRIGAN  ROBERT G 
Attorney: DANIEL  JAMES NIXON 
3 Plaintiff GREAT SOUTHERN RESTAURANT GROUP OF PENSACOLA INC A FLORDA CORPORATION,      XRef-ID:
 
4 Plaintiff SEVILLE HARBOUR INC,      XRef-ID:
 
EMAIL ADDRESSES
BDEARMAN@CPHLAW.COM, bob@kerrigan.com, BOB@KERRIGAN.COM; CGRIFFITH@KERRIGAN.COM, bpartington@cphlaw.com, JCARRUTH@CPHLAW.COM, jnd@beggslane.com, pmp@esclaw.com, RALDRIDGE@KERRIGAN.COM, RSH@ESCLAW.COM
CHARGES
None
DOCKETS
Rcd Date Description Document Tag #
1  01/13/2014   COVER SHEET
2  01/13/2014   COMPLAINT
3  01/13/2014   SUMMONS
4  01/13/2014   CASE FILED 01/13/2014 CASE NUMBER 2014 CA 000082
5  01/15/2014   JUDGE SHACKELFORD, JAN: ASSIGNED
6  01/15/2014   PLAINTIFF'S ATTORNEY: PATTERSON, PATRICK MICHAEL ASSIGNED
7  01/15/2014   PMP@ESCLAW.COM, RSH@ESCLAW.COM
8  01/15/2014   CIRCUIT CIVIL FILING FEE ASSESSED $400.00
9  01/15/2014   ISSUANCE OF SUMMONS ASSESSED $10.00
10  01/15/2014   PAYMENT $410.00 RECEIPT #2014004514
11  01/15/2014   MEDIATION ORDER 1.000000000000
12  01/15/2014   SUMMONS ISSUED 2.000000000000
13  01/16/2014   NOTICE OF APPEARANCE BY BRUCE D PARTINGTON AND EMAIL DESIGNATION 3.000000000000
14  01/21/2014   BPARTINGTON@CPHLAW.COM, BDEARMAN@CPHLAW.COM, JCARRUTH@CPHLAW.COM
15  02/06/2014   MOTION TO DISMISS 4.000000000000
16  02/11/2014   EMAIL DESIGNATION FOR ATTORNEY
17  02/12/2014   DEFENDANT'S ATTORNEY: KERRIGAN, ROBERT G ASSIGNED
18  02/13/2014   ACCEPTANCE OF SERVICE 5.000000000000
19  02/18/2014   EMAIL DESIGNATION FOR ATTORNEY
20  02/20/2014   RALDRIDGE@KERRIGAN.COM, BOB@KERRIGAN.COM; CGRIFFITH@KERRIGAN.COM
21  02/25/2014   AMENDED COMPLAINT/PETITION 6.000000000000
22  02/28/2014   MOTION TO DISMISS 7.000000000000
23  04/09/2014   NOTICE OF HEARING 8.000000000000
24  04/11/2014   PLT'S MEMORANDUM OF LAW IN OPPOSITION TO THE CITY OF PENSACOLA'S MOTION TO DISMISS 9.000000000000
25  04/11/2014   PLT'S CORRECTED MEMORANDUM OF LAW IN OPPOSITION TO THE CITY OF PENSACOLA'S MOTION TO DISMISS 10.000000000000
26  04/11/2014   SEVILLE HARBOUR, INC.'S FIRST REQUEST FOR ADMISSIONS TO DFT 11.000000000000
27  04/11/2014   PLT'S FIRST REQUEST FOR PRODUCTION TO DFT 12.000000000000
28  04/11/2014   SEVILLE HARBOUR, INC.'S CERTIFICATE OF SERVICE OF INTERROGATORIES TO DFT 13.000000000000
29  04/17/2014   JUDGE'S COPY OF PLT'S CORRECTED MEMORANDUM OF LAW IN OPPOSITION TO THE CITY OF PENSACOLA'S MOTION TO DISMISS WITH ATTACHED AUTHORITIES CITED IN MEMORANDUM 14.000000000000
30  04/17/2014   CORRESPONDENCE OF ATTY 15.000000000000

Monday, April 28, 2014

Dick's Identity Guess By Occupy 2.0

Say it isn't so Derek?  I hope not.


COSSON NOSTRA. There is little doubt that Derek Cosson is the Dick behind Dick's Blog. The question is how much does the Mayor know? Cosson has trashed the mayor's opponents on City Council using a fictitious name in the past. Now he is focusing on Donna Clark and Charles Bare. But John Asmar, Travis Peterson and Bill Richardson can't take the fall for the mayor this time. Stay tuned as DickGate unravels. What does Cosson have on the mayor that keeps him ticking even when his public battery is dead?
 


 

DicksBlog Stops as Outzen Closes In

The pro Hayward satire blog that went after Mayoral candidates Charles Bare and Donna Clark, belittled Councilmembers Pratt, Wingate, Bare, and Myers, and attacked private citizens has ceased posting. 

www.dicksblog.biz

I understand Rick Outzen has been closing in on the identity of Dick.

I will be interested to see if Rick is able to tie Dicksblog back to its suspected author or if he will drop it.

Dick - Sometimes satire can't fix everything.  You can't hide from the documents posted along with my posts.  More and more people everyday are seeing the Hayward administration for what it is and does.

  • Give special attention to its friends
  • Attack anyone who opposes them and
  • when confronted, talk about positivity ignoring the truth.

Friday, April 25, 2014

Questions for Councilman Spencer

As a citizen of the City of Pensacola, I submitted a letter with the below listed questions to Councilman Spencer today.  The letter was hand delivered to City Hall.  These yes or no questions surround his and his architectural firms involvement with DAG Architects, his involvement with their selection as the City's A&E firm for the Woodland Heights and Legion Field Resource Centers, and their past and present business joint ventures.

I have asked the Councilman to respond by May 9th, a reasonable time for just a few short yes or no questions.


·        Have you ever asked for an opinion from the Florida Commission on Ethics?   Yes or No

·        Have you ever received an opinion from the Florida Commission on Ethics?   Yes or No

·        Prior to DAG Architects proposing on the Pensacola Resource Centers, had your company joint ventured with DAG Architects on any projects?   Yes or No

·        In 2008, prior to being elected, did your Company SMP Architecture joint venture with DAG Architects in your joint proposal to provide architectural services for the Pensacola Library?   Yes or No

·        In 2009, did your Company SMP Architecture joint venture with DAG Architects to propose work for the old Molino School?   Yes or No

·        Does your Company SMP Architecture currently share office space with DAG Architects?   Yes or No

·        Did you directly request the Mayor throw out the results of the Initial Request for Proposal for A&E services for the Woodland Heights Resource Center?   Yes or No

·        Did you participate in the drafting of the revised Request for Proposal for A&E services for the Resource Centers?   Yes or No

·        Did you pick the Committee members who would comprise the A&E Services Selection Committee?   Yes or No

·        Did you state on the record at the selection committee meeting that you “were in charge of procurement of professional design services on behalf of the City”?   Yes or No

·        Did you participate in the selection meeting for the procurement of design services that eventually led to DAG Architects being selected to design the Pensacola Resource Centers?   Yes or No

·        On February 9, 2012, did you vote in the affirmative to the Subject: Award of contract for A&E services with DAG Architects for Woodland Heights and Legion Field Resource Centers?   Yes or No

·        Since that time, has your company joint ventured with DAG Architects on any projects?   Yes or No

·        Since that time, did your company joint venture with DAG Architects in a proposal to provide Architectural Services for the proposed Downtown YMCA?   Yes or No
 

Thursday, April 24, 2014

Mayor's Ego Brings National Downside to the Upside

The New York Daily News has picked up the story of the Mayor's "not really a campaign" campaign TV show

Pensacola, Fla. mayor spends $23,000 to produce television show starring himself

Ashton Hayward is under fire for creating the expensive program funded by taxpayers. The show will focus on city operations and is slated to air for nine weeks on Sundays this summer.


NEW YORK DAILY NEWS

Tuesday, April 22, 2014, 12:48 PM


Read more:
http://www.nydailynews.com/news/politics/pensacola-fla-mayor-spends-23-000-produce-television-show-starring-article-1.1764772

Way to go Mr. Mayor!  National ridicule for your never ending desire for self promotion.

Maybe Airbus will be impressed by your NATIONALLY RECOGNIZED EGO!

Show...no show...Mayor...No Mayor...

Keystone cops again!

Wednesday, April 23, 2014

BLAB Show Update


Mayor Ashton Hayward has canceled his Blab TV show that drew criticism from opponents since it was going to be running prior or primaries. NR 1620's Rob Williams says it because of "too much push back from public and his own campaign".

Why Hayward TV Show is WRONG!

As the Mayor plans his self promoting, taxpayer funded information (wink wink) show sharing with the citizens what city departments do for them, here is what I expect:

Episode 1
The Mayor in front of or on fire trucks or the fire boat talking about our fantastic fire department.  He will have fireman in the background and footage of them rolling on a call.

  • What he won't say is they have had an interim chief the entire four years of his term.
  • What he won't say is he has tried to close their pension but has been proved wrong that their pension is financially sound for them and the City.
  • What he wont say is he has cut fire services at the airport to a minimum risking the safety of passengers and employees at the airport.
  • What he won't say is he broke his campaign promise to me to repair the mold infested, unsafe fire station 3 almost four years ago.
  • What he won't say is the firefighters he will be exploiting on the show don't trust him or any of his administration.
Do the firefighters get to tell their BOSS they don't want to be a part of his propaganda happy talk?  No.  They just get used.

Episode 2
The Mayor in front of a police car or standing with Chief Simmons at a press conference.  He will have officers in the background and footage of them rolling on a call.
  • What he won't say is his administration has been so bad to the officers that their union had a vote of no confidence in his Chief of Staff.
  • What he won't say is I understand he recently overrode the Chief to promote a union official to sergeant that might not have been promoted (yet).
  • What he won't say is he closed the Police pension and that could impact our City's ability to recruit the best officers in the future.
  • What he won't say is PPD's senior officers are DROPing like flies potentially heading the City to a leadership crisis.
Do the police officers get to tell their BOSS they don't want to be a part of his propaganda happy talk?  No.  They just get used.

Episode 3
The Mayor in his suit near one of his CNG sanitation trucks talking about the City's sanitation services and their green initiative.

  • What he won't say is he has approached the ECUA about trading the City's sanitation service to ECUA for debt forgiveness and or the Main Street property.
  • What he won't say is he told ECUA they can talk after the election because he didn't want to bring it up for political reasons till then.
I could go on and on. 

Did he do this show immediately upon election as he was learning what they did? No!

Did he not have 3 years to do this waste of money show? Yes

Could this show wait 12 weeks until after the election? Yes, but he won't be interested in it then if he wins because it is of no political value.

This show, funded by us, solely to promote him, USING employees and City assets as unwilling props for his sole political benefit is the pure definition of a BOSS Mayor.

Mayor Ashton J. Hayward, III, you should be ashamed.

Tuesday, April 22, 2014

Outzen From Watchdog to Lapdog...Again

Porch puppy Rick Outzen must have been muzzled by one of his key advertisers.

The Outzen News and Media Empire was all about calling out Kim Jung Hayward's actions surrounding the airport concession lease. 

Since then it sure has been benign from Rick and crew.  Press releases mostly.

Today the PNJ ran an article on Hayward's use of taxpaper money for a TV show running up to the election.

The radio stations carried the story as part of their local news.


Do you think the Mayor is abusing public money to campaign for himself, or is this just useful public information?

Here's a link to the PNJ article:
http://www.pnj.com/story/news/2014/04/21/city-to-spend-23000-on-television-show-/7992397/
Maren's Blog Dot Biz: Blatant Use of City Dollars to CAMPAIGN for Mayor
pensacolad3.blogspot.com


The Outzen News and Media Empire does have a very informative press release on flood insurance workshops though.

As the InWeekly says:
"There are no sacred cows at the Independent News - which is why local politicians, bureaucrats and powerbrokers fear us so much."

Can feel them quaking Rick?

Monday, April 21, 2014

Blatant Use of City Dollars to CAMPAIGN for Mayor

Mayor Ashton Hayward has been Mayor for over 3 years now.  He has never before had a television show.

But now, less than 4 months out from the primary with 2 opponents and $100,000 in donations in the bank, he choses to start a weekly BLAB show at TAXPAYER expense that will entail as Tamara Fountain attests in the below provided contract:

"A 30 minute program where Mayor visits departments within City.  Each show will are in fixed primetime every Sunday evening and again 9 times during two week cycle"

The cost to the TAXPAYERS...$23,555.

The real evidence that is damning to the Mayor's office that this is purely a taxpayer funded campaign ad is the following email to BLAB from Rebecca McLellan at the City.

"Two things... since the election will be happening, Tamara needs the cut off to be around August 15. So we need to reorganize getting all of the shows done in that time frame."

Date of the Mayoral primary...August 26th.

Of all the alleged corruption and inside deals at City Hall, this misuse of taxpayer funds to pimp the Mayor using City employees at City expense is the most disgusting.

Right below in black and white.

Link to BLAB Contract

Thursday, April 17, 2014

Predictable End to Rookie's First Rodeo

On April 3, 2014, I posted regarding the State Attorney's office investigation of Commissioner Valentino in connection with a potential public records violation.

In the post I stated "However, Gene if Marcille does anything at all on this I will be shocked"

The person who made the allegation posted the following:

"When I filed my complaint with the State's Attorney's Office I had already done 20 hours of research and provided them irrefutable evidence that he had used his email and withheld it. It is not enough to complain.you have to present probable cause. If you think there is wrongdoing, you have to do the research and make your case. ~Doug Underhill"

I laid off responding as you really don't want to crush a person's belief in our local legal system and belittle their efforts. But those that follow local politics knew where this was ending.

Well today Marcille issued his findings in the matter. 

SAO_Valentino

Welcome to reality Doug!  If you ever want to see the detail the SAO can ignore, give me a call. 


Wednesday, April 16, 2014

Sometimes I Have to Laugh...

For one year as Council President and one year as a Council member, I attempted to let the Citizens know about the Mayor's power grabs, insider deals and autocratic rule.

What was the result?

I got beat up by the press, by Council, and many Civic leaders.

Where are we now?

city-attorney-opinion-puts-port-airport-other-city-property-investments-and-city-funds-solely-in-hands-of-the-mayor/

For two years, through my own efforts and with my own money, I championed the Pensacola Promise as the way to improve our community AND support economic development.

What was the result?

I got beat up by the press, by Council, and many Civic leaders.

Where are we now?

pensacola-promise

Do you think I was just saying those things for chuckles.

City Council Agenda...Pandermania, Hayward Style.

City Council Agenda

See Pages 134 to 144

The City Council agenda reflects a bunch of interesting items besides Councilmember Bare's and Pratt's proposals.

Most interesting is the proposed list of projects for the next local option sales tax.

Can you say election year pandering.  Every City park has a line item proposed.  Every community center has multiple line items proposed.

Of the expected $70 million in sales tax over 10 years, Kim Jung Hayward proposes the max go to the undefined category of "economic development incentives"

You will be hearing the Mayor mention each of these in the campaign season as he promises items.  Someone please video tape these promises as the funds will be reallocated after the election.

I'll be saving this "proposal" to monitor where the funds really go.

But Fire Station #3 is slated for reconstruction.  FINALLY!

Monday, April 14, 2014

Living Life at the Pleasure of the Mayor

Olson-Contract

Above is a contract for Mayoral Flunky Eric Olson.  His job is "initiatives coordinator" but it clearly states in his contract it entails whatever the Mayor says.

How do you insure that the City employees will do WHATEVER you say?

You put them on contracts that expressly state:
  • The Mayor (not the City) desires to employ the employee's services
  • The Mayor (not the City) desires to provide benefits, establish certain conditions of employment and set working conditions
  • The Mayor (not the City) desires to employ the person until "when the Mayor may desire to otherwise terminate his employment"
  • The Mayor (not the City)  as established the Administrative Pay Plan
  • The Mayor (not the City) shall set your salary.  He will decide all changes to your pay.
  • The Mayor (not the City) shall fix the terms and conditions of your employment
If you work for the City, the Mayor OWNS you.  Want to work?  DO WHAT I SAY! PERIOD!

Wednesday, April 9, 2014

Julius Spencer refuses to Relinquish Power at CRA

Vote Shmote!  I am Julius Spencer!  I decide what happens in Downtown Pensacola.

On March 13, 2014 the CRA met at City Hall.  On the agenda was election of CRA Chair and Vice Chair.

Any doubts?  Here's the agenda Agenda/03132014-568 

On March 13, 2014, Chairman Spencer stated "After 2 years as CRA Chair, I am removing my name from the ballot."

Any doubts?  Here's the video. Items 4B at the 3:50 mark Charles Bare is elected Chair.

Any confusion so far?

Well lets move forward...

April 2, 2014 The CRA amends a contract for the Plaza DeLuna concession lease.

Link-to-CRA-Contract

  • Page 1 - Dated April 2, 2014
  • Page 2 - Signed by Brian Spencer as Chairman of CRA
  • Page 3 - Approved by Maiberger March 22, 2014
  • Page 3 - Approved by Smith March 28, 2014
  • Page 4 - Approved by Castille April 1, 2014 w/ note "although Chairman of the CRA signs it"
  • Page 4 - Approved by City Attorney April 1, 2014
HOLD THE PHONE.  Now the Mayor and Spencer don't even recognize votes of the CRA. Is that an executive power of the Charter also?

Keystone cops of City Hall.

Does the Chat and Chew have a valid contract or are the Chat and Chew squatters?






Monday, April 7, 2014

Shenanigans Surrounding New YMCA Project...Anyone shocked?

As I discussed last week, I was told by the "transparent" YMCA that I could not see the submissions to an RFP for architectural services for the new facility.

I have heard that there are some potential shenanigans surrounding the building of the new YMCA downtown financed by Quint and Rishy Studer.

I have received emails alleging the following:
Now there appears to be potential insider dealing with regards to the construction manager.  I am checking on this today. Stay tuned.

Friday, April 4, 2014

YMCA Claims Transparency...Hides RFP's

I recently requested copies of all of the RFP's submitted by architects in association with the new $5 million YMCA building being paid for by Quint and Rishy Studer.  The YMCA is a not for profit that has a contract with the City of Pensacola to operate the City's Aquatics program and it's pools.  The contract contains a notification that the vendor must comply with Florida public records laws.

In Section 13 (b) the contract states: 
"The parties acknowledge that this agreement and any related financial records, audits, reports, plans correspondence and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes as amended."

YMCA Contract with the City

Based on my request, this is the email I received back from Executive Director Michael Bodenhausen.


--------- Forwarded message ----------
From: "Michael Bodenhausen" <mbodenhausen@ymcanwfl.org>
Date: Mar 25, 2014 2:01 PM
Subject: RE: Request of Information
To: "Maren DeWeese" <jklmn246@gmail.com>
Cc:
Dear Ms. DeWeese:
Thank you for your support of the Y and for your enthusiasm for the new downtown Y project.  This new facility will enable the Y to serve the community in new and exciting ways for generations to come. 
The board has not discussed if or how documents will be released to the public that are related to the project. However, the Y board is committed to transparency when serving the community. We continue to meet with stakeholders who have submitted an RFP and wish an explanation of the results of our decision or process.
To respect the work of those who submitted an RFP, I’m not at liberty to share with you the responses to our design professionals. The Y is not a public entity subject to the Public Records Disclosure Act. The Y’s Pool Management Agreement with the City obligates the Y to grant public access to documents that are related to the Y’s management of the City’s pools. Section 13(b) of the Pools Management Agreement applies only to the Pool Management Agreement itself and related financial records, etc.
If you are representing a stakeholder, please have them contact me and I will be glad to share information with them.
Michael Bodenhausen
CEO
YMCA OF NORTHWEST FLORIDA
Administrative Office
415 B-N Tarragona Street
Pensacola Florida 32501
Don't you just love people that claim transparency as they tell you they won't show you what you asked to see?
 
And who is a stakeholder?
 
Well it was worth the shot based on what I was hearing. The hidden gems in this email we will get to next week.
 
Save those RFP's Mr. Transparency, the State of Florida will be asking for them soon.
 
 
 
 
 
 
 

Thursday, April 3, 2014

Vendetta Against Valentino

PNJ Article

The PNJ had an article today regarding Public Watchdog Greg Marcille looking into Gene Valentino's use of a personal email account to conduct County business and whether he violated Florida's Sunshine law.

CLUE FOR THE CITIZENS:  Sadly most local government officials use personal email accounts to keep emails from being subject to public records requests.

I made complaints to Mr. Marcille regarding the use of personal emails by:
  • Mayor Hayward, ashtonhayward@yahoo.com, whereby I can document dozens of emails that should have been provided to me in prior public records requests that went to or from that account that I subsequently obtained through public records requests of other staff members.  Marcille crickets.
  • John Asmar, jasmar@asmarlawfirm.com, See link to SAO crickets.  Selective Prosecution 
Gene, you shouldn't be using your personal email accounts.  Didn't you get arrested for that before?  Remember this?

















However, Gene if Marcille does anything at all on this I will be shocked and if he does, it is the most flagrant case of selective prosecution ever.

Tuesday, April 1, 2014

Outzen Makes Charter Commission A Loser...Teapot Calling Kettle Black?

http://issuu.com/inpublisher/docs/april32014issue

In the Thursday edition of the IN Weekly (available on Maren's Blog Dot Biz on Tuesday), Outzen makes the Pensacola Charter Commission a loser stating:

"After deliberating a new City Charter for 18 months, the Commission presented to Pensacola voters a charter that replaced the City Manager with an elected Mayor.  The public was assured numerous times that the power of the City Council would remain the same and its role would be much the same as it was with the old charter. Recent actions by Mayor Ashton Hayward show they misled the public."

Well Rick, who do you think started Mayor Hayward down the road to first minimizing, then controlling and finally ignoring City Council, City policies and ordinances deconstructing our new form of government?

It was the exact person YOU demanded the Mayor bring on his staff, and the person who convinced the Mayor to hire a City Attorney that abandoned Council and provides any opinion the Mayor wants.

http://pensacolad3.blogspot.com/2013/03/asmars-buddy-cant-protect-him.html

Let me be clearer for you Rick, if you go pointing your finger, there are three fingers pointing back at YOU!!

Give me a break!

Fish Hatchery... It's ENTIRELY up to Hayward.

Messer Says

Allen Norton and Blue Says

City Attorney Messer Law Firm recently opined that the Mayor does not need Council approval to enter into leases.
  • If Quint Studer and the Wahoos don't want "fish smell" to ruin baseball games and object to the hatchery, its all up to Hayward.
  • If ECUA doesn't want "fish smell" at their Main Street property and object to the hatchery, its all up to Hayward.
  • If Christian Wagley believes the hatchery will not help wild fish stocks and objects to the hatchery, its all up to Hayward.
  • If the PNJ objects to the hatchery, its all up to Hayward.
  • If Citizens don't feel $1 per year is enough for waterfront property and object to the hatchery, its all up to Hayward.
His Royal Highness has declared HE ALONE can enter into leases on behalf of the City.

If Hayward brings this to Council, Council should, as a point of order, delete it from the agenda, refer the CAO to Messer's opinion and the Allen Norton & Blue opinion and move on.

Hayward gets to own 100% of the hatchery decision and live with the consequences, alone.