Wednesday, February 25, 2015

Soon it Will Be Time for Some Swearin'...In That Is

Depo time in Seville Harbour v. City of Pensacola is comin'.  Sooner or later.

50  01/29/2015   PLAINTIFF'S NOTICE OF TAKING THE VIDEO DEPOSITION OF ASHTON HAYWARD 27.000000000000
51  01/29/2015   PLAINTIFF'S NOTICE OF TAKING THE VIDEO DEPOSITION OF DICK BARKER 28.000000000000
52  01/29/2015   PLAINTIFF'S NOTICE OF TAKING THE VIDEO DEPOSITION OF COLLEEN CASTILLE 29.000000000000
53  02/09/2015   PLAINTIFF'S NOTICE OF POSTPONEMENTOF THE DEPOSITION OF COLLEEN CASTILLE 30.000000000000
54  02/09/2015   PLAINTIFF'S NOTICE OF POSTPONEMENT OF THE DEPOSITION OF DICK BARKER 31.000000000000
55  02/09/2015   PLAINTIFF'S NOTICE OF POSTPONEMENT OF THE DEPOSITION OF ASHTON HAYWARD 32.000000000000

Tuesday, February 24, 2015

349 LLC Code Violations

349 LLC, the owner of the derelict Hallmark Elementary School has been mailed the following Notice of City Code Violations.

349 LLC Code Violations

The owner has begun boarding up the windows and doors.  Just what beautifies a neighborhood...Boarded Up Buildings!!!

Mayor Hayward, is this your idea of holding property owners accountable?
Are boarded up buildings your idea of neighborhood beautification?

Are you the violating property owner?

See Page 5 for Pair & Hayward

Page 4 of the above agreement also states that Pair & Hayward received a 2.5% commission on the deal.

Did you get your cut Mr. Mayor?

Friday, February 20, 2015

Mayor Violator?

From 311

311admin
City of Pensacola 4 hours ago

2-19-15 THERE WAS A CASE INVESTIGATED AND OPENED ON THIS PROPERTY ON 2-18-15, A NOTICE OF VIOLATION IS BEING SENT TO THE PROPERTY OWNER. RL


Steve.Richards
City of Pensacola 4 hours ago


2/19/15 A notice of violation is being sent to the property owner listed on the property appraiser's website

David Hightower will be getting some mail!

http://www.escpa.org/CAMA/Detail_a.aspx?s=000S009080001093

Hightower Law Firm
PO Box 670
Pensacola, FL 32591

Matt Pair, the Manager, formerly of Pair & Hayward no longer lives locally.
  • Who will step up? The Mayor or a man named Fred?
  • Will anyone from the press even ask if the Mayor is a partner in this violating entity?
  • If so, will anyone report that the beautification Mayor has a "Care of Premises Complaint" and has been issued violations?
The new Pensacola Today has no problem posting violations for businesses it seems.
 
 
But, I wouldn't hold my breath that they will report on this violation due to not wanting to offend the offenders. Some folks walk between the raindrops in Pensacola.
We will see.

Wednesday, February 18, 2015

City Should Do a Land Swap with Manna

In tomorrow's Inweekly Rick Outzen's Outtakes and a detailed article lament the bad situation happening over the proposed Manna Food Bank site.  Manna (which I have supported and still support their mission) purchased land from the School Board without doing their due diligence and now there is a very contentious zoning issue where the Citizens are right, Manna really doesn't belong, the City staff screwed up, the property is not zoned for the intended use but the City is allowing this to happen.

In the paper, Outzen rails against the City leadership and staff, falls on his sword and essentially says oh well.

http://issuu.com/inpublisher/docs/inweekly_february_19_2015

The property Manna purchased is smack dab in the middle of a residentially zoned area.





 
 
 
 
 
 
 
 
 
 
 
 


Spencer won't do anything because Rusty Wells gave Council their "get out of having to listen to Citizens free card" by noting the matter will come before the Council as a Quasi Judicial hearing.  It's bull but they will hide. 
  
Hayward will do nothing because it would take leadership and well...enough said.
 
The answer is as clear as the cold Pensacola sky...land swap! 

That site is even large enough for one of the Mayor's ponds.  That's redevelopment.
 
The City has properties zoned properly for this use.  It just has to have the intestinal fortitude to trade for them and hope that none of the properties are close to influential people that Council will actually care about pleasing rather than just shoving it down this neighborhood's throat.
 
What will happen?  We all know.  But we will get to hear PC Wu give us his "difficult decision" speech once again.

Tuesday, February 17, 2015

Is Mayor Hayward Perpetuating the Slum and Blight He Professed to be Fighting

In 2012, the City of Pensacola used Community Development Block Grant funding to purchase and raze Blount School.  In the Press Release below the Citizens are told:

"Vacated in 1982, the school buildings have fallen into disrepair and became a safety hazard and a haven for criminal activity. Determined to clean up the neighborhood, Hayward developed a plan last year to fund the purchase and demolition of the school using federal Community Development Block Grant (CDBG) dollars."

It continues:

“The City Council and I believe that all residents deserve clean, safe neighborhoods of which they can be proud,” said Mayor Hayward. “In order to compete for jobs and talent, we must invest in our neighborhoods and create a safe, attractive, and inviting City for people to live, work, and play."

 
Evidently, the Mayor doesn't believe properties he purportedly owns are subject to the same standards.
 
In 2013, I heard that the Mayor along with three business partners purchased Hallmark Elementary to transform it into an assisted living facility.  I discussed the entire transaction at the blogpost below.
 
 
A reader went by the property on F Street to see how the property was doing.  Below are photos of the property and the City Code violations they may indicate were broken.  Click on the picture to enlarge it.











 

 

Sec. 14-3-3. - Nuisance.                                                         
It shall be unlawful for any person owning, leasing, occupying or having charge of any premises in this city to maintain, or permit to exist, such premises in such manner as to constitute a nuisance by allowing any one (1) or more of the following conditions to exist thereon. The following shall be defined as nuisances:
 
any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.


 














Sec. 14-3-3. - Nuisance.                                                         
It shall be unlawful for any person owning, leasing, occupying or having charge of any premises in this city to maintain, or permit to exist, such premises in such manner as to constitute a nuisance by allowing any one (1) or more of the following conditions to exist thereon. The following shall be defined as nuisances:

 
(12) Unsecured openings, including broken window glass, in a vacant building which invites trespassers and malicious mischief.
 
 



















 
 
 
 
(12) Unsecured openings, including broken window glass, in a vacant building which invites trespassers and malicious mischief.
 
 















(2) Any attractive nuisance which may prove detrimental to children whether in a building, or upon an unoccupied lot.
















(9) A condition likely to harbor rats, vermin or other similar creatures constituting a health hazard.
 
And the property appears to be inhabited by several homeless that have created a makeshift shelter in a hallway entrance.
 
 
 
 













Several questions need to be answered:
  1. Is the Mayor an owner in the derelict property?
  2. If so, will he cite himself and his partners for these code violations?
  3. How can he profess to combat blight when he could be a negligent owner just like others?
  4. If he doesn't cite himself, how can his department cite others?
The Citizens in this neighborhood deserve a better neighbor than 349 LLC!

Thursday, February 12, 2015

UPDATED: Mayor Hayward and the Revolving Door at City Hall

Wow!  What a drain on taxpayer resources!

I was just reviewing the list of folks the Mayor has hired (either as employees or contractors) and terminated or key staff that has left the City in his tenure at City Hall.  The list is longer and longer everyday.

  1. John Asmar, Chief of Staff- Contract, Terminated
  2. Travis Peterson, Communications Director - Contract, Terminated
  3. Al Coby, Asst. City Administrator - Terminated, to be rehired by Council
  4. Rusty Wells, City Attorney - Terminated, rehired
  5. Becky Bray, CRA Director - Terminated
  6. Bill Reynolds, City Administrator  -  Hired, Terminated
  7. Derek Cosson, Political Hitman - Hired, Resigned
  8. Dave Flaherty, Parks & Rec Director - Resigned
  9. Melinda Crawford, Airport Director - Resigned
  10. Greg Donovan, Airport Director - Hired, Resigned
  11. Colleen Castillo, City Administrator - Hired, Resigned
  12. Alan Gray, City Planner - Hired, Terminated
  13. Kim Kimbrough, DIB Director - Resigned
  14. Jim Messer, City Attorney - Hired, Terminated
  15. Paul Jones, IT Director, Hired, Resigned
  16. Clyde Mathis, Port Director - Terminated
  17. Ryan Winterberg-Lipp, CRA Director - Hired, Resigned
  18. Elizabeth Schrey, City Planner - Hired, Terminated
  19. Lila Cox, Council Executive - Hired, Terminated
  20. Rita Lee, Executive Assistant - Hired, Resigned
  21. Thaddeus Cohen - Terminated
  22. Mary Ann Stalcup - Terminated
  23. Cynthia Cannon - Hired, Resigned
I surely have missed somebody.  Please remind me so we can keep track of the carnage.

Did these people learn the word NO or something?

Wednesday, February 11, 2015

Pensacola Savior and Vision Grouper Alan Gray Bounced From City Hall

Former Pensacola City Planner Alan Gray, the man who by completing an application "changed the course of history for the City" has been bounced off of the City staff for unknown and unexplained reasons.

City Planner

City of Pensacola
(1 year 9 months)Pensacola, Florida Area
Taking on various tasks for the Mayor of Pensacola I first left my mark in this position by crafting a successful application to the American Planning Association to have Palafox Street recognized as a Top Ten Street in America 2013. This story made national news and has changed the course of history for the City. I was also able to modify the City's Land Development Code to make the City much more enticing to positive development. This came in the form of changing the parking standards for the entire City but specifically reducing the parking requirement for the Downtown CRA by 53%. I set myself and the others I worked with to constantly express a service oriented mindset with all groups and individuals we interacted with on a daily basis. I was the Board Secretary for Pensacola's Zoning Board of Adjustment and Gateway Review Board and assisted with the Planning Board and the Architecture Review Boards. I also served the Environmental Advisory Board, Complete Streets Committee and Eastside Redevelopment Board. I coordinated the Mayor's Leadership Academy for the 2014 year of the course. I was the bicycle and Pedestrian Coordinator for the City in the time at the City and crafted the City's first Complete Streets. I was also responsible for the daily tasks of the Community Redevelopment Agency assisting the CRA release public property back to the tax rolls
 
 
This Vision Grouper has been fileted.  Are all Vision Groupers are out of favor with the Mayor?
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Wednesday, February 4, 2015

Congratulate the Mayor on his New Job!

Mayor Hayward has a new job!  Look for a linkdin update forthcoming.  He recently joined Berkshire Hathaway HomeServices PenFed Realty to continue to pursue his successful real estate career.

http://www.berkshirehathawayhs.com/Office/OfficeInfo.aspx?OfficeID=516009

Give them a call at (850) 267-0013 and tell them you want the Mayor to list your house.  Then when the ST Aerospace guys get here, the Mayor can sell them your house and hook himself up for some extra "dolla" bills!

Never mind that pesky charter which states:

The Mayor, who shall serve in a full-time capacity,...
(14) To devote his or her entire work time to the performance of the duties of the Mayor’s office, and hold no other elected public office while Mayor.

http://cityofpensacola.com/charter

But in reviewing his mileage logs it appears that all times are work times for this Mayor.

So when he is practicing real estate is he doing so as Mayor?
If so, does the City get to keep his commissions?
Can he put the Swave on his real estate signs?
Can BH use his likeness and position to gain access to clients or sell in the Pensacola market?
Did buddy Bruce McAlpin hook him up with this sweet gig?
Does he get any salary or draw against commissions?

All questions which should be asked...but no one will.

Sheep behind the shepherd.  Baa!  Baa!  Baa!



Tuesday, February 3, 2015

Fountain Law Firm Violates the City Code Attempting to Sway Council

Notice they copy:
  • City Council
  • Planning Board
  • Sherri Myers
  • Jim Messer
  • Their engineer
  • ECUA
Copy to Mayor not required.  He gets private briefings.

This is ex parte communications.

Memo Copies Council

Section 2-1-3 of the City Code states:

(c) The city official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a city official shall not be presumed prejudicial to the action and such written communication shall be made part of the record before final action on the matter.
 
Assistant City Attorney Rusty Wells admonished the Fountain Law Firm Lawyer for her violation of City code.  He even copies the Mayor's Enforcer Tamara Fountain so she is on notice that there are rules even for the Mayor's staff and their insiders.
 

 

From: Rusty Wells
Sent: Tuesday, November 04, 2014 11:03 AM
To: City Council Only
Cc: Dick Barker Jr; Tamara Fountain; Eric Olson; Ericka Burnett; Elaine Mager; Jim Messer; kaschultz©fountainlaw.com ; Sherry Morris; Elizabeth Schrey
Subject: University Heights - Communication from Counsel for Developer
Members of Council —
 
Each of you has recently received an email communication with attachments from Ms. Kerry Ann Schultz, counsel for the developer on the University Heights Project. I have just spoken with her on the telephone and she now understands that under Florida municipal government law you will be called upon to resolve this matter in a structured, quasi-judicial hearing following the deliberations and recommendation of your Planning Board. The Planning Board will consider the final plat application next week, and the city staff anticipates that the matter will come to you for hearing in January, 2015.
 
It would not be proper for you to consider the material Ms. Shultz has sent to you and her communication will be noted on the record of the hearing as a disclosure under your procedures. It would not be proper for you to contact her or communicate with her about this matter until the hearing is under way. Your decision at the proper time must be based on the record presented before you during the scheduled hearing.
 
She has requested that the communication be considered as retracted, even though it is a matter of public record that it has been sent, and she extends her apology for necessitating this communication from your staff.
 
Please do not hesitate to contact Mr. Messer or me if you require further information.
 

Rusty Wells
William D. Wells
Assistant City Attorney — Special Liaison
850 435-1636
850 490-9956 (cell)