Wednesday, December 23, 2015

Redfish Harbor before the County Planning Board

Will the Mayor speak as an owner?

Link to Posting

Posting of documents including Matt Pair, the Mayor's partner with City Contractor Cody Rawson, signing off.

Planning Documents

Page 7 and 8 shows the assignment by Pair and Hayward as Heron Bay to Redfish Harbor also known as Pair, Hayward and Rawson.

The Mayor's autograph is on page 7 and 8 at the link above.

One page 8 the Mayor is identified as a member of Redfish Harbor.  Clear as a bell!

The Mayor is supposed to be running the City not developing a subdivision.


Friday, December 18, 2015

Sweetheart Tower Lease Approved in August 2012...No Payments til 2013

In the account history at the link below, Divine Word began its lease by going directly into default. City of Pensacola financial ledgers reflect that the first payment under the lease was not received until January 11, 2013, 5 months after inking the deal.

But that's OK because Tricky Dick Barker's crack accounting system had nothing in it to reflect the non-payment as the system also shows that Tricky Dick and the City did not record any lease payments due until they received the check for $5,000 on January 10th.  They conveniently enter $5,000 in bills dated the day before the $5,000 check is processed.

Late Rent

Hit the circus music button.

Our City's Operations are terrible:

  • Planning allows deals that are not eligible under zoning
  • Legal misses the zoning issues in review and evens draft the illegal lease
  • Leases are signed before they are reviewed by legal
  • Accounting systems are reactive to payments rather than proactive with bills.
  • Orders to remove the concrete are allowed to "change" to be OK when reviewed.



Wednesday, December 16, 2015

Another Longhollow Tower Question

From the Longhollow tower lease:

Section 9. Assignment and Subletting. The rights of the Parties under this Agreement are not assignable. Tenant may not sublet all or any part of the Property without the prior written consent of the City in the City's sole discretion. City's consent to any subletting will not constitute a waiver of the necessity for consent to any subsequent or additional subletting. No subletting agreement or occupancy will release Tenant from the complete performance of any provision or condition or payment required in this Lease.

Divine Word is subleasing tower space to other radio stations including AM 1620 I understand.

Where is the City's written consent?


Tuesday, December 15, 2015

Longhollow Tower: Messer Missed Forest; Caught the Trees

In reviewing the Longhollow Tower lease and City's approval sheet, I noted the following timeline on the City's approval sheet:
  • August 3, 2012 Al Garza's assistant, Lee Smith, signed the lease
  • August 3, 2012 Sent by Al Garza for approval.
  • August 3, 2012 Received and approved by George Maiberger
  • August 3, 2012 Received by Asst Risk Manager
  • August 14, 2012 Sent to Mayor
  • August 15, 2012  Received for Mayor by Reynolds; its architect
  • Messer's review is undated.
City Attorney Messer states:
"Please have two witnesses sign.  He cannot attest to his own signature."

In the final lease Gene Church does attest to his own signature.  Two witnesses are added.

Is Messer's comment an "either" or "both" ?  

Obviously since the signed lease only indicates the Secretary is to attest with no typed individual names, the lease MUST have been signed by Church prior to the Messer review or he would not have known to make the statement; "He cannot attest to his own signature"

Was the lease signed prior to being forwarded to City staff for approval?



Monday, December 14, 2015

Reynolds / Church Back and Forth Over Tower

-----Original Message-----
From: Bill Reynolds
Sent: Thursday, March 29, 2012 8:19 AM
To: 'info@catholicradio.us'
Subject: RE: FW: Divine Word Tower lease

Gene,

Here is our take on your concerns. 

In regards to "Broadcast Facility vs. Radio Broadcast Facility" - This agreement contemplates radio.  If you want to expand the scope in the future you can certainly request amendment. 

Change from "Prior" to "following" on the removal - We can agree to amend to a date certain.  If two weeks will suffice, we can make it "no less than fourteen days after..."

In Section 9, Assignment and Subletting - We are comfortable with the language as is.  However, please provide the language on survivorship and assignment you would propose. 

Limit on Insurance Coverage - The $1,000,000 limit refers to the general liability limit of insurance.  It is not related to the cost of the structure.  There is a provision in the lease for the Tenant to acquire and maintain property insurance which would be in the amount of the cost of the structure.  The general liability limit is for claims alleging bodily injury or property damage based on a negligent act of the insured.  A limit of $1,000,000 for general liability is generally the standard and we would not change this limit for general liability.

Auto policy - We can agree to revise the language to require that evidence of automobile liability coverage be provided for anyone who will be accessing the tower.  Minimum limits of $300,000 combined single limit would be sufficient and that can be personal automobile insurance. 

"Divine Word Communications" - We can change it. Please provide the proper signature set-up according to your Florida incorporation

My best,
Bill

William H. Reynolds
City Administrator

City of Pensacola
222 W Main St.
Pensacola FL 32502
850-435-1623


 For Non-Emergency Citizen Requests
or visit Pensacola311.com

Notice:  Florida has a very broad public records law.  Most written communications to or from state and local officials regarding government business are public records available to the public and media upon request.  Your email communications may be subject to public disclosure.

  
-----Original Message-----
Sent: Tuesday, March 20, 2012 3:37 PM
To: Bill Reynolds
Subject: Re: FW: Divine Word Tower lease

Bill,

Thanks for getting this to me.  On the first read through, I see a few problems that may need to be addressed.  First of all, I would prefer to refer to our lease as a "Broadcast Facility" as opposed to a "Radio Broadcast Facility."  The reason is that across a 20 year period, licensing and technology could change such that what we are doing digitally might not be referred to as radio, and it may seem quaint over time.

In Section 3, I would prefer that it be changed from "Prior" to "following" on the removal.  Otherwise, we will have to go off the air for a period of time.  If we construct the new tower, we can swap over and remove the old one with little, to no, downtime.

In Section 9, Assignment and Subletting, the language is a little problematic.  To help pay for the costs of the tower, I would be literally subletting space on the tower to others.  Usually, these leases would also be assignable in case we ever sold the station to someone else, since they are usually purchasing the antenna with the station.  Usually, these clauses include some type of right of survivorship and assignment.

While I recognize that the insurance language appears boilerplate, given the costs associated with the structure is inside $100,000, would it be possible to set the limit at $500,000, versus $1,000,000 in coverage?

The language calls for a business auto policy.  We do not have business autos, so I am not certain about this coverage provision.

I saw that you use the name "Divine Word Communications" in the Lease.
This is, in fact, the official name of our business, but in Florida, we are required to use the name "Divine Word Radio, Inc."

I haven't checked the legal description in Exhibit A, but I assume the description matches the other lease.

Thank you so much for your assistance on this.  I am looking forward to moving ahead with this.

God bless,

Gene Church

> Gene,
> Please find the draft lease I discussed attached.  Let me know of any
> issues or concerns...
> My best,
> Bill
> 
> William H. Reynolds
> City Administrator
> City of Pensacola
> 222 W Main St.
> Pensacola FL 32502
> 850-435-1623
> 
> 
> For Non-Emergency Citizen Requests
> or visit Pensacola311.com<http://www.pensacola311.com/>
> 
> Notice:  Florida has a very broad public records law.  Most written
> communications to or from state and local officials regarding
> government business are public records available to the public and
> media upon request.  Your email communications may be subject to public disclosure.
> 
> From: Stephanie Tillery
> Sent: Tuesday, March 20, 2012 8:28 AM
> To: Bill Reynolds
> Subject: Divine Word Tower lease
> 
> Contains your latest revisions.
> 
> Stephanie Clark Tillery, Attorney
> City Attorney's Office
> City of Pensacola
> P.O. Box 12910
> Pensacola, Florida 32521
> (850) 435-1615
> For Non-Emergency Citizen Requests, Dial 311 or visit
> Pensacola311.com<http://www.pensacola311.com/>
> 

> 

Friday, December 11, 2015

How The Mayor's Employees Deliver the Results the Mayor Wants

Read this email a few times.  It is as clear as a bell what is occurring between staff and management.

From: Ryan Winterberg-Lipp
Sent: Tuesday, July 31, 2012 2:21 PM
To: John Asmar; Bill Reynolds
Subject: RFP for Plaza de Luna Concession

Good afternoon - I'm preparing a new RFP for a concession operator at the Plaza de Luna concession building. Do you have a preference for the selection process?  The Mayor could establish a selection committee or chose the most qualified applicant.

The last time the RFP was issued in 2009, there was only one response.  I'd like to reach out to existing restaurant operators and ideally select an owner-operator, so if the Mayor prefers a selection committee, it would need to be carefully chosen to not eliminate the target applicants.

Please let me know how you would like to proceed. Thanks!

Ms. Ryan Winterberg-Lipp
CRA Administrator
Community  Redevelopment Agency
P.O. Box 12910
Pensacola, FL 32521


And people wonder how open RFP's are rigged.


Nonstops No One Can Use!!

According to Chip Henderson, no-bid marketing contractor to Pensacola Intergalactic Airport:

It was a great announcement! The airport has been working on air service development for our community. It was one of the identified areas of focus in Visit Pensacola's Vision 2020 plan. Now, we need the community to actively use the routes for sustainability.

So what caused his uncontrolled burst of scripted and planned social media exuberance ??

http://www.pnj.com/story/travel/2015/12/08/pensacola-airport-adds-flights-2016-summer/76977220/

In summer 2016 Southwest is expanding service to Kansas City and Dallas...WOW!

One flight a week on Saturday.
Then you have to wait until the next Saturday to come home.

I'm sure the demand for one week stays in Dallas and KC is HUGE!

What a win for the Upyours of Florida!

Thursday, December 10, 2015

Barker's Financial Circus Continues

From Page 427 of the City Budget

Enterprise Zone Advisory Board (EZAB) - (13 members appointed by City Council) Mandated by the State of Florida for each community with an Enterprise Zone designation (Florida Statutes 290.0056). Is utilized to bring volunteer knowledge and interest in economic revitalization issues to the City Council and city staff and to assist with the development and implementation of the Enterprise Zone Development Plan.

Mandated...but hasn't met since 2008, hasn't filed required documents since 2008.

This is another Barker failure.


Wednesday, December 9, 2015

After Longhollow, Council Should Question Staff's Advice On EDATE Legality

Rusty Wells, who allegedly is being transferred due to his expressed desire to not work directly with Council President Charles Bare, sent Council a memo through the Council Executive that stated:

“I do believe the council could, if it so chooses, adopt the ordinance with the understanding that it may be repealed at a later time if it is subsequently deemed to be ineffective under Florida law.”

Council if you do not get Rusty's subtle wording....INEFFECTIVE EQUALS ILLEGAL.

A little smoke and mirrors.  See...he's the James Bond of attorneys I recall.  :)


If EDATE is Illegal; Mayor has a Million Dollars for Quint

Downtown is abuzz about whether City Council will vote for an EDATE for Quint Studer's apartment development.

Questions being asked:

  • Is the Mayor forcing Council to approve an illegal action?
  • Will Bondi reply to the question posed by Chris Jones in time?
  • What if Council approves an illegal act what are the implications?
  • Why won't the Bobblehead render an opinion ahead of the AG?
  • Is Bobblehead stating that even though Florida Statutes were not followed regarding the process, Council can proceed?
  • Will Quint actually pull the project without the incentive?

I have been briefed on the financials by Quint's team.  The projections do count on subsidies.

But if the EDATE is illegal, where does the City get the subsidy?

The Mayor has voiced his support for the project.  How much support Mr. Mayor?  The City of Pensacola has a $1 million dollar Economic Development Trust Fund readily available.

No strings.  Just Mayor request and Council approval and DONE!  

More can be appropriated in any year.

Mr. Mayor, as Bob Sugar stated "It's not show friends...it's show business!"

How important is a $50 million development in downtown Pensacola to your legacy?

Tricky Dick can always dig up a few Mason jars in the courtyard!

Rick Outzen once told me "Government finds money for what government wants to find money for."

What will the City do here?

Can you imagine how Kerrigan would react?  He may explode!



Tuesday, December 8, 2015

For all of the Discussion; Amtrak Not Coming According to Reynolds in 2012

From Bill Reynolds in 2012

From: Bill Reynolds
To: City Council
Cc: Ashton Hayward
Subject: Amtrak Service Restoration
Date: Sunday, March 04, 2012 12:58:25 PM

Ladies and Gentlemen of the City Council,

Below is an analysis for the restoration of passenger Amtrak travel along the former Sunset
Limited Amtrak Route that was halted following hurricane activity. As you know, many of the
rail lines west of Pensacola were damaged and that was the cause of the suspension of the
service. Essentially, the line has not been restored due to lack of funding.

Amtrak was last reauthorized through the Passenger Rail Investment and Improvement Act of
2008 (P.L. 10-432). Section 226 of that legislation required Amtrak to develop a plan to
restore service on the Gulf Coast.

Amtrak met the plan requirement and published its report which can be found at
http://www.amtrak.com/servlet/ContentServer?
c=Page&pagename=am%2FLayout&cid=1241245669222 (look for Gulf Coast Service Plan Report under PRIIA submissions and reports - PRIIA Section 226).

The report laid out three different plans to restore service to the region. The plans for
restoration ranged in cost between and initial $32.7-$96.6M start-up, with an annual
operating loss ranging between $4.8-$18.4M.

Despite the damage to the lines west of Pensacola, CSX restored the 100 miles of track and 12
bridges over a 6 month time frame between New Orleans and Alabama. While CSX resumed
service on the line, Amtrak has obviously not restored service from New Orleans to Florida.
Interestingly, Amtrak did resume the service from Louisiana west which connects New
Orleans and Los Angeles and has some of the lowest ridership for one of their longest routes
(and is consistently hammered as being wasteful). By all accounts, cash-strapped Amtrak is
focused on the NE high speed corridor. While the annual operating loss/subsidy issue is
probably the largest hurdle facing the Sunset Limited route, the other upfront costs that
Amtrak would face in restoring the route are substantial and include rehabilitation of rail
stations (making them ADA compliant), replacing rail cars, replacing station tracks (which
have not been replaced by rail carriers like CSX), and restoring personnel.

Congressman Miller has been intimately involved in the results stemming from the Amtrak
report, but he is very strongly against having tax payers subsidize the losses of the route. If
there is a way that Amtrak can restore the routes with existing funds, then he is all for it – but
that is very unlikely. In addition, Governor Scott refused $2B in stimulus funds from Obama
for Florida high speed rail, making it unlikely that the Administration will be sympathetic to
the State’s pleas for restoration of Amtrak service. A large part of the efforts in the last decade
with Amtrak have been focused on the NE corridor and on high speed rail service.

Just wanted to give everyone a reality check. In a different life, I was involved in funding
issues with Amtrak. During that time (2000-2008), it was clear that Amtrak was looking for
an opportunity to ditch those routes it was operating at a loss. It is going to be a real political
struggle to have this route reengaged.

My best,
Bill
William H. Reynolds
City Administrator

Monday, December 7, 2015

How Long Does Council Want People to Wait to Speak?

With City Council poised to make yet another needless bonehead error sure to add to their already diminished perception with Citizens over ending the Boyd Forum at the beginning of meetings, I wanted to be exact in how long Council wants Citizens to have to wait through Council doing nothing before having a chance to speak.

Over the last year according to the length of Council videos, Citizens would have to wait the following times before addressing their concerns to the Council.

Nov 12 - 4 hours 48 minutes
Oct 8 - 4 hours 36 minutes
Sept 17 - 4 hours 57 minutes
Aug 20 - 6 hours 17 minutes
Jul 16 - 53 minutes plus 54 minutes
June 18 - 3 hours 4 minutes
May 14 - 4 hours 19 minutes
Apr 9 - 2 hours 4 minutes
Mar 12 - 4 hours 2 minutes
Feb 12 - 2 hours 52 minutes
Jan 15 - 3 hours 46 minutes

Waiting til after 9 pm to be addressed by YOUR BOSSES.

Council, is it to much to ask since you only meet once a month, that the Citizens you work for get to speak first?

Anyone who votes for this measure should be recalled and fired.



Friday, December 4, 2015

Have Messer's Mistakes and Failures Led to Longhollow Tower Debacle?

As previously posted, when Hayward brought Messer on, I as Council President raised the questions regarding the Messer Law Firm.

I stated:

"Many City contracts are of such a nature that the implications of malpractice could have dire consequences.  As such, without a required level of insurance this Council could expose the City to financial harm if we do not protect the citizens with amble insurance."

The Mayor objected and the Messer Law Firm was hired.

Memo to Council

Meow!...from the Crazy Cat Lady.

Thursday, December 3, 2015

Tower Issue...Messer Malpractice...Sue Him?

At the bottom of the 2012 lease between the City and Divine Word is a very important statement and signature.

Legal in Form and Valid as Drawn

/s/ Jim Messer
City Attorney

Did Jim Messer commit malpractice in not reviewing the legality, zoning, case law surrounding the lease of the Longhollow tower??

















Back when I was on City Council and opposed Messer's appointment as City Attorney I made direct inquiries regarding the malpractice insurance carried by the Messer Law Firm.

From Inweekly Article

His tenure as Mayor Ashton Hayward’s first appointed city attorney began with controversy. Council President Maren Deweese and blogger Derek Cosson worked hard to derail the appointment, waging a four-week campaign trying to convince the Pensacola City Council to vote against the mayor’s recommendation to hire Messer.

In her memorandum to the council, Deweese criticized the proposed contract because it was with Messer’s law firm and not an individual. She believed the city should have advertised for law firms that offered a “broader range of talents.” Deweese also questioned whether the Messer law firm had adequate malpractice insurance to cover the city.

Despite her protests, the council approved an interim agreement with the Messer law firm. Later in the year, they voted for a three-year contract for Messer, which expired in December 2014.

Link to Inweekly Article

It is funny to me that what was a valid question and concern then, portrayed me as the crazy cat lady.

Now...visionary!

Is the $1 million policy limit enough?

Hate to tell you I told you so...BUT!




Assistant City Attorney Drafted Tower Lease...No questions of Zoning

Assistant City Attorney Stephanie Tillery, under the expert oversight of City Attorney Jim Messer, drafted the Longhollow tower lease for City Administrator Bill Reynolds.

Any issues noted by Tillery?  Nope!


From: Stephanie Tillery
Sent: Tuesday, March 20, 2012 8:28 AM
To: Bill Reynolds
Subject: Divine Word Tower lease

Contains your latest revisions.

Stephanie Clark Tillery, Attorney
City Attorney’s Office
City of Pensacola
P.O. Box 12910
Pensacola, Florida 32521
(850) 435-1615

Wednesday, December 2, 2015

Reynolds Worked Tower Lease for Six Months

Six months and no one reviewed legality?

-----Original Message-----
From: Elisabeth Buswell
Sent: Monday, November 14, 2011 12:54 PM
To: 'Divine Word Radio'
Subject: RE: Divine Word Radio Tower on City of Pensacola property

Mr. Church,

I have been working on Mr. Reynolds schedule and can you please tell me some dates you have available the last week of November (28th) and the first week of December.

Thank you,
Elisabeth Buswell

______________


From: Bill Reynolds
Sent: Thursday, May 03, 2012 12:12 PM
To: 'info@catholicradio.us'
Subject: FW: Radio tower

Gene,
Survey attached.  We are moving forward and I will let you know when to expect at council.  No issues remain.
My best,

Bill


Tuesday, December 1, 2015

Divine Word Used Funds For Campaign Contributions... IRS Violation...Oops!

TypeDateCandidateOfficeContributor/VendorAmountCont Type
/Purpose
TypeOccupationAmendReport
Cont8/13/2010HAYWARD, ASHTON-332City of Pensacola MayorDivine Word Radio
600 W. Gregory Street
Pensacola, FL 32502
$500.00BusinessIn KindRadioStationF3

In order to maintain tax-exempt status, 501(c)(3) nonprofit organizations cannot engage in political campaigning. Nonprofits with 501(c)(3) tax exempt status should be ever vigilant about this prohibition -- a violation could result in severe consequences.

The federal tax law is very strict on the issue of political campaigning: A 501(c)(3) organization is absolutely forbidden to directly or indirectly participate in any political campaign on behalf of (or in opposition to) any candidate for elective public office. Violation of this prohibition could lead the IRS to completely revoke your organization's tax-exempt status or impose excise taxes on your organization.

In other words, the IRS is serious about this issue, and your board of directors and officers should be equally serious in making sure that your organization complies with federal law in this area.

What Does "Participating in a Political Campaign" Mean?

Organizations with 501(c)(3) status cannot participate in political campaigns.

What is a political campaign? In general, the IRS rule refers to campaigns between people who are running for offices in public elections. These can include: candidates running for president of the U.S.; candidates running for governor; candidates running for mayor; and also candidates for lower elected offices such as school board officials, city supervisors, and county trustees.

What is "participating?" Your organization cannot participate in a campaign, directly or indirectly, on behalf of or in opposition to a candidate. If your organization takes a stand in any campaign, supporting or opposing one or another candidate, this violates the prohibition.

The IRS Rule

The IRS uses what is called a "facts and circumstances" test to help it determine whether an organization has violated the prohibition on political campaigning. This means that the IRS will evaluate any potential misconduct within the context of the organization's other activities and the current political climate. So, an activity might be considered political campaigning two weeks before an election, but not two years before an election.

Some activities that the IRS has found to violate the prohibition on political campaigning include:
  • inviting a political candidate to make a campaign speech at an event hosted by the organization
  • using the organization's funds to publish materials that support (or oppose) a candidate
  • donating money from the organization to a political candidate
  • any statements by the organization's executive director, in his or her official capacity, that support a candidate
  • criticizing or supporting a candidate on the organization's website
  • inviting one candidate to speak at a well-publicized and well-attended event, and inviting the other candidate to speak at a lesser function
  • inviting all candidates to speak at an event, but arranging the speaking event or choosing the questions in such a way that it is obvious that the organization favors one candidate over the others
  • conducting a "get out the vote" telephone drive in a partisan manner by selecting caller responses for further follow-up based on candidate preference, and
  • using the organization's website to link to only one candidate's profile.