Friday, May 26, 2017

Post Mayoral Jobs for Mayor Hayward

I know the discussion has been on if Mayor Hayward will run for a third term or not.  As he is making the decision, I wanted to offer him some possible careers after Mayor based on some of his accomplishments as Mayor.


  • Director of Governmental Business Development at Beggs & Lane - working with politicians to show them how to generate needless litigation for B&L to handle.
  • Director of Business Development at Roads, Inc. - working with cities to see the genius behind paving every street in the City spending all of the potential street money for over a decade into the future because once it is done no road work will be needed for a decade...right?
  • Chico's model - Hey, he's in the last catalog half a dozen times anyway. Make it official!
  • Executive Director, Pensacola DIB - Hey, he's single handedly responsible for reshaping downtown and has been Peacock's whipping boy for years anyway.  
  • Public Image Officer, City of Pensacola - Just keep sending him to make speeches, appear at photo ops, cut ribbons, and schmooze for a whole lot less.
  • Fire Chief - Allen is retiring.  Hayward knows as much about fighting fires as Allen does. 
  • Partner, Redfish Harbour - He had this job for 5 years prior to office, development still has NOT ONE HOUSE.  After eight years, that job is still available.  After all he is a real estate developer.
  • Chief Model - Laura Bogan Photography - He has perfected this roll over eight years.  The commercial applications should be HUGE!
  • Executive Director, Community Maritime Park - He is solely responsible for the completion and marketing of the Maritime park and the rapid commercial development of the park.  After eight years of his successes, we would not want to lose him here.
  • Chief Greeter Pensacola Intergalactic Airport - Instead of a video of him as visitors arrive, why not just have him personally greet folks as they get here.  He could have a photo booth. Bogan can still take the pictures.
  • Senior Vice President of Developmental Opportunities and Cross Collaborative Endeavors for Projects and Commercially Applicable Professional, Academic and Philanthropic Analysis - Levin Enterprises.  Heck, Fred was paying him for nothing before office, may as well go back to what he was doing.
See Mr. Mayor, plenty of opportunities on the outside.  Move along little doggie!




I've Got Mail!

Thanks for the info!  Wow!  I'm on it!

Looks like collusion.

Tuesday, May 23, 2017

Video of the Hayward Staff Meeting Last Week on the PNJ Port Article

This weekend the Mayor and his flunkie Clark Merritt rolled out his big PLAN for the port.  Have IHMC do a research center!!

Except he never asked IHMC.  They had no idea.

Well, I have obtained a video recording from the Mayor's staff meeting last week where the plan was discussed.

Mayor's staff meeting video

I Had To Chuckle at Underhill...Cut-throughs?

Last night the County Commission took up the issue of the vacation of Rawson Lane.  Now I don't get into county issues much, but when I heard the following quote from Commissioner Underhill, I had to chuckle.

"We discourage the use of roads like Rawson Lane as a cut-through between main arterials all the time," Commission Chair Doug Underhill said before the commission voted. "Therefore, I'm going to be supporting this issue, because I support discouraging the use of Rawson Lane as a cut-off between two arterials."

Doug...Really??

Sunset?
Aileron?
River Road?
North Loop?
South Loop?

We will have to watch the campaign finances of Commissioner Underhill this next cycle.  My guess is that the PCC area will find some dollar bills for Commissioner Underhill.




Friday, May 19, 2017

In Mobile its a Crisis...In Pensacola Under Hayward...No Problem

Mobile recently announced a new Fire Chief.  In the WKRG story about the new Chief it states:

"Sealy also talked about the staffing issues brought up in News 5’s Special Report, such as many of the firetrucks riding with three firefighters instead of the recommended four.
“Certainly staffing always needs to be addressed,” Sealy said. “The amount of people we have on the trucks is certainly something we’re going to look into.”
The Special report article sites:
The issues of public safety and the lack of a full-fledged fire chief came into sharp focus just this week.  This was one explosive example of a truck riding short this week. Three men on a truck instead of four. Matt Waltman with the Mobile Fire Fighters Union has been one of the vocal critics of this practice.
“We’re just lucky no one’s gotten hurt real bad. We’re lucky we haven’t had a fatality,” said the Vice President of the Mobile Firefighters Association Matt Waltman.  City officials say even though this isn’t the ideal situation, it’s a better use of city resources.
“You have a choice between where you ride less engines with four people on them or do you spread them out in geographic locations where you have a faster response time,” said Public Safety Director James Barber.  In the last three months, there’s been just one day where all companies were fully staffed and 34 days where at least one or more units were not running at all.  This is according to the MFRD manpower log.  Fire officials say the practice is common.
No matter how long the practice has been going on, it’s raised eyebrows among the rank-and-file. Some worry it’s a problem waiting to happen.
“Our mission has been lost,” said a Mobile Firefighter who asked us to refer to him as “Bob.”  Most firefighters we spoke with would only agree to interviews if we concealed their identities out of fear of retaliation.

“Just because we’ve been riding short for so long doesn’t mean it’s okay. I mean one day can change everything,” said “Bob.”  The absence of a fully appointed fire chief has hurt morale and made people wonder about the department’s direction.


As I have noted for years, Pensacola has been violating the 2 in 2 out rule FOR YEARS.  No one cares here.  



In Mobile, its a special report.  
It's a crisis!  
Actions must be taken.
The Fire Union is strong and stands up for its members.  Vocally!

In Pensacola, City Hall doesn't care.  
WEAR just wants to do commercials.  
The PNJ wants to highlight who has played and will play at Vinyl.
The Fire Union is dominated over by the Mayor.
Their President is more worried about his social acceptance at City Hall than representing his firefighters.

One more reason...Pensacola, the Downside of Florida...and the Gulf Coast.

We deserve better.  But lets worry about parade routes, panhandling and photo ops!

Wednesday, May 17, 2017

Schmitt v Hayward (INDIVIDUALLY) and the City of Pensacola

Below is a link to the scheduling order in Chief Schmitt's case against the City and the Mayor.

Highlights:

  • Discovery deadline - November 10, 2017
  • 8 depositions - YEP...Get ready for some 'splainin' boys!
  • 7 hour depos!!!   Squirm Mayor Squirm!!
  • Prospects for Settlement:  Settlement at this time is unlikely. (Just wait til the swearin' starts.)
  • Trial date: January 22, 2018 - 3 days
In addition, Defendant Hayward is not entitled to qualified immunity. Plaintiff asserts that the retaliation was malicious, willful, and with reckless disregard for his rights. Plaintiff further asserts that he suffered emotional distress, embarrassment, and humiliation because of Defendants’ conduct. Plaintiff seeks declaratory and injunctive relief, as well as, reinstatement or front-pay, back-pay, lost seniority, benefits, and pension, nominal damages, compensatory damages, punitive damages, attorneys’ fees, costs, and expenses.

Schmitt-Scheduling

Tuesday, May 16, 2017

Chief must be a Reader!

A reader sent me this from Escambia Citizens Watch:

Note: Lyter did call me to clarify that he had inadvertently misspoken when describing the ordinance as not leading to many arrests. He does understand that it provides for civil citations only.

Thanks for clarifying Chief!  It takes a village.

http://pensacolad3.blogspot.com/2017/05/friday-funnies-lyter-strikes-out.html

Oral Arguments...City of Pensacola v. Seville Harbour

Link to the 1DCA Oral Argument

Not Nix Daniel's best day!  Shaking that finger at the Judges probably was not the best idea.

Collier Merrill's expression is gold!  Russenberger looks bored!

Judge Wetherrell can't pronounce Seville until he hears it a few times.

Ed Fleming makes you feel like you have to agree with him.  He's good!

"The City did not write a good contract.  I don't think we should rescue the contract."

Judge "The City is making a de minimis argument."

At the hourly rate of all those attorneys, the discussion comes down to using sticks. Just listen to the last 5 minutes.





Monday, May 15, 2017

Hypocritical Hayward...A Joke Unto Himself

Mayor Ashton Hayward just got done championing a panhandling ordinance at the insistence of his patrons at the DIB.  In the ordinance, street performing or busking was outlawed in the downtown area.

But just like most things Hayward, he just tells you what you want to hear and does the bidding of his masters.

You see Hayward was a champion of street performers, when UWF asked him to be in 2013.


University of West Florida launches public piano project




(Yes that's Hayward in the photo.)

In partnership with the City of Pensacola, the University of West Florida is leading an initiative to promote music appreciation throughout Pensacola by installing pianos in various locations for public use.

Dr. Hedi Salanki-Rubardt, Distinguished Professor and Director of the Piano Program and Chamber Music at UWF, created the project to enhance Pensacola’s cultural climate and bring visibility to the University. Donated pianos are painted by local artists and placed in businesses and other locations in Pensacola. Spectators are welcomed to play the piano or enjoy listening.

“Pensacola has the perfect climate and the ideal arts community to support this project –  progressive idea to advance both the culture of the city and the awareness of the university,” said Dr. Salanki-Rubardt.

The first piano, painted by UWF student Josh Green, be placed on Palafox Street just south of Garden Street outside of Vinyl Music Hall. A second piano will be placed at the Pensacola Community Maritime Park. This piano was designed and painted by UWF student Jessica J. Stepherson.

“As a patron of the arts, I am delighted to see art and music brought into public spaces for everyone to enjoy,” said Pensacola Mayor Ashton Hayward.

Dollarhide’s Music Center has shown its support of the project by donating a piano that is currently located at the Artel Gallery. It will be painted by artists associated with the gallery.

There are several additional locations around the Pensacola community that will soon have pianos as well. Public piano projects have been successfully implemented in many large U.S. cities, and UWF plans for Pensacola to join in this creative concept.

_______________

I guess Ashton Hayward's patronly duties changed.  Now music doesn't belong in public places for everyone to enjoy.

Plenty of DIB money to pay for the Levin boy to paint murals and Pucock's dance steps.

His constant back tracking, flip flopping and accomodations for supporters is why Grover Robinson AND Chief Alexander win in a head to head election.

Can't run from your record, Mr. Mayor!

Friday, May 12, 2017

Friday Funnies: Lyter Strikes Out; Spencer No Longer a Mayoral Contender, Peacock Pixie Dust

Chief Stumbles

Today on AM1620 now on FM at 92.3 in his first interview as the Chief who was hidden from Council view, Police Chief Tommi Lyter strikes out looking (backwards K) on a question regarding the newly enacted panhandling ordinance.

Lyter said he "doesn't expect many arrests under the new panhandling ordinance."

Ummmm.  Chief since its a civil penalty shouldn't you anticipate NO arrests under the ordinance. Don't turn downtown into Beirut over enforcing this ordinance.

Good luck, Chief Lyter!  There's always next at bat!

Spencer GONE!

The Inweekly has been conducting polls around the Office of the Mayor.  In the latest poll, the Mayor loses head to head against Grover Robinson AND David Alexander.

INWEEKLY Online Edition

But in what has to be the most humiliating blow to his GIANT EGO and visions of complete and total WORLD DOMINATION, Julius Spencer was dropped from the most recent poll after finishing behind Undecided in the first poll.

First Poll

1-DeeDee Davis                8.7%
2-Ashton Hayward           27.9%
3-Lumon May                  18.0%
4-Brian Spencer                 7.7%
5-Grover Robinson          19.8%
6-Bubba Watson                8.9%
7-Undecided                      9.1%

Your chances aren't good, Julius, if you can't beat Undecided!

And the fact that my former colleague Sherri Myers polls better against the Mayor than you has to be CRUSHING!

That's OK Julius, your cocktail costume party crowd will still fawn over you and your grandiose ideas for Pensacola.

Peacock Pixie Dust

Obtuse Peacock was "Peacocking" at the City Council meeting on Panhandling when he stated:

"I don't know where they think the pixie dust is coming from (for programs that help the poor.)" Peacock said. "It doesn't exist. It takes revenue to do those things."

The DIB chairman stood in front of the Council and the ACLU attorney and basically stated since businesses donate money, they should have the right to deny American citizen rights guaranteed under the US Constitution.

Nice Vladimir Pucock!  Nice!




Wednesday, May 10, 2017

Another Reason City Council is Aimlessly Adrift

I laughed out loud when I saw the City Council agenda.  Council really is about as useful as a "football bat" as my friend likes to say.

Follow the insanity...

Action Item 13
PORT WAREHOUSE #1 LEASE AMENDMENT WITH OFFSHORE INLAND MARINE & OILFIELD SERVICES, INC.

Action Item 14
PORT WAREHOUSE #9 TERMINATION OF LEASE WITH OFFSHORE INLAND MARINE & OILFIELD SERVICES, INC.

These two action items close out the write off of hundreds of thousands of dollars of debt and other revenues of a business that the Port thinks is such a key tenant that it is making deals to keep at the port.

Its name is OFFSHORE INLAND MARINE & OILFIELD SERVICES, INC.

Wow!  We are sending them a clear message that we believe in them, we value their business and we are a partner with them in utilizing our port.

Great Economic Development!

Then what does the unaware, self important, City Council do?

Two items later...2 items!

Action Item 16
RESOLUTION NO. 17-23 - OPPOSING OFFSHORE DRILLING ACTIVITES (Their misspelling not mine), INCLUDING SEISMIC AIRGUN BLASTING

WHEREAS, the United States government has expressed interest in opening the Atlantic Ocean and Eastern Gulf of Mexico to offshore oil and gas development and exploration, including risky methods such as seismic airgun blasting; and,

WHEREAS, seismic airguns fire intense blasts of compressed air, one of the loudest manmade sounds in the ocean, every 10-12 seconds for days, weeks, or months on end; and,

WHEREAS, seismic airgun noise has been shown to harm and injure dolphins, whales, endangered sea turtles, fish, and other marine life; and,

WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; and,

WHEREAS, eventual offshore drilling may require significant onshore infrastructure, such as pipelines or refineries, which would harm the character of the coast; and,

WHEREAS, offshore drilling activities pose threats to treasured vacation destinations on Florida’s Coasts, which are of intrinsic economic value for numerous industries, provide essential nursery habitats for recreational and commercially important fisheries, and act as natural buffers from storm surge and hurricanes; and,

WHEREAS, the Pensacola City Council recognizes that the tourism and fishing industries, which depend on a healthy and vibrant coastal environment, both serve as major economic drivers benefiting the current and future residents, property owners, and visitors to Florida; and,

WHEREAS, the Pensacola City Council endeavors to be a good steward of the state and region’s environment and its resources; and,

WHEREAS, exploration and development of oil and gas resources off the coast of Florida will not effectively address the long-term energy needs of our country; and,

WHEREAS, the Pensacola City Council recommends that it would be more economically and ecologically responsible to pursue non-polluting sources of renewable energy such as solar and wind, that pose less risk to the coastal environment and economic health before using uncertain methods of seismic airgun blasting for offshore oil and gas deposits.

If you are Offshore Inland and you read a resolution that states WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; 

Do you feel like a partner with the City?
Do you feel like the City is a supporter of your business?

Or do you see the City as someone who doesn't like you or love you, but just wants your money?

City of Pensacola...The Gold Digger of Florida!

Come on!  Support the Port and your customers or don't take their money!

If I was Offshore Inland I would take all your concessions, saving me hundreds of thousands of dollars, and send you packing!  Gold Diggers!







Tuesday, May 9, 2017

ARB and the New Holiday Inn Sign

The ARB is out of control.  They deny things that are allowed for Special Snowflakes and refuse to approve the most reasonable requests.

The new Holiday Inn Express applied to the ARB for 3 signs.  Two are "blade signs" that are attached to the sides of the building on Main and Jefferson Street.  The other is a turn in sign.  I have attached a link to the signs and the building.

Illuminated-Signage-FINAL-SUBMITTAL-4-19-2017

The ARB is objecting to lighted signs as well as the turn in sign, like they objected to the YMCA signs.

As one ARB member was quoted at the meeting "I just don't like it".

Funny what the ARB likes and doesn't like.

Illuminated L E V I N P A P A N T O N I O.....Love it!
Illuminated LP logo....Love it!
Illuminated Coastal Bank....Love It!

YMCA....Hate it!

Vinyl Neon Sign....Love it!
Al Fresco Sign....Love it!

Holiday Inn sign...Hate it!

I AGREE WITH THE MAYOR THE ARB IS NO LONGER NECESSARY.






Monday, May 8, 2017

The Bigger Questions Posed by a Reader:

The real issue no one wants to talk about is whether or not the Pensacola Police Department is enforcing the existing law in the City Code - Section 8-1-25 Panhandling. It very clearly outlaws most if not all of the behavior described the downtown business owners and residents when interviewed by the media or when they speak during City Council meetings.

Perhaps someone needs to submit a public records request so the City Council knows how many times the PPD has cited a person inside city limits for violation of Section 8-1-25 since it was put in place in 2013.

The existing city law also prohibits panhandlers from stepping out into traffic, something I see at major intersections.

Other prohibitions described in Section 8-1-25 now seem suspect given the current state of federal law.

As example, can a municipality really outlaw panhandling within 20 feet of an ATM machine?

If the ACLU lawsuit challenges both the new DIB law (Section 8-1-28) and the existing law (Section 8-1-25) it might open up a Pandora's box making legal what has been illegal from 2013 to present.

As for the DIB, the City Council should amend Section 8-1-28 to provide that it only goes into effect when the DIB agrees to enforce it within the DIB District (relieving city taxpayers of that burden) and also agrees to pay all costs related to defending it in court.

Friday, May 5, 2017

Kabuki Dance

Urban Dictionary:

Kabuki: Theatre, artifice, fake, insincere, something done only for show. AKA lip service.

This is essentially what our new panhandling ordinance amounts to. 

The fine being levied on a "Panhandler" is like asking a 3 year old to pay for his own happy meal. 

Let's consider a possible dialog between one of Pensacola's Finest and a Panhandler operating within the DIB. 

Officer: Sir, we do not allow panhandling in this area.
Panhandler:  What area?
Officer:  Nice areas!
Panhandler:  Will I be arrested?
Officer: No!
Panhandler:  What happens?
Officer:  I take 10 minutes to write you a fine for $50.
Panhandler:   You do realize I am asking for money because I don't have any, right?
Officer:  Yes sir.  I don't write the laws, John Peacock does, I just write citations.
Panhandler:  Can you write me two I can use it to start my camp fire.
Officer:  No sir.  You would have a $100 fine for a second offense.
Panhandler:  Sure whatever.
Officer:  Sir can I have your name and address for the citation.
Panhandler:  John Doe, the world.
Officer:  Thank you sir.  Here is your citation.  If you don't pay it in 30 days the Clerk of the Court will mail you a collection letter.  Might as well wad it up and throw it out her window into the world but we have our procedures according to Mr. Peacock.
Panhandler:  Can I go to not nice areas and panhandle.
Officer: Yes.
Panhandler:  Where is a not nice neighborhood?
Officer:  Right down that street the neighborhood Aragon has a roundabout in the middle, thats a good spot.
Panhandler:  Ok so if you drive away and I stay, i just get a second ticket and never risk jail.
Officer : Yes sir
Panhandler: Ok see you soon officer.
Officer: Have a good day sir.



Thursday, May 4, 2017

DIB Talks In Code About Panhandling and The Mayor

Those sneaky kids on the DIB Board were so proud of themselves at the DIB meeting the other day about their panhandling ordinance and their "code" for the Mayor.

The Board stated they need a strong show of force from the business owners to show up May 11th.

The Executive Director was tasked to rally the troops and get owners to show their faces at the Council meeting.

The City Attorney said the current ordinance is legal and "this is coming from the 7th floor". The DIB Board never once refers to the Mayor but just continually refers to "the Seventh Floor".

The Board Chairman stated that "the 7th floor is willing to do whatever and spend whatever to fight the ACLU."

John Peacock said ”ACLU Ego Versus Helping People.”

Hayward should seek a qualified civil rights attorney to issue an opinion letter on his ordinance before going down the route he is choosing.

If Ashton Hayward forces this ordinance and it results in the City spending hundreds of thousands of dollars to lose a fight that has already been decided by the Courts, it is malfeasance.

The voters need to see the wasted attorneys fees he needlessly spends of their money as part of the next election cycle.

If he's not indicted or chooses not to run!

What's going on on "the seventh floor"?


Tuesday, May 2, 2017

Now Vinyl Takes Up Palafox to Tarragona on Garden Street for Buses and Trailers

video

DIB Reminder Regarding Sunshine Law and Citizen's Recording Meetings


Public Meetings

If you attend a public meeting (i.e., a meeting of a governmental body required to be open to the public by law) in Florida, generally you are permitted to use sound or video recording devices, so long as your recording does not disrupt the meeting.


1. Sound recordings allowed.
Members of the public attending a meeting open pursuant to section 286.011 may make a sound recording of such meeting. See Op. Att’y Gen. Fla. 77-122 (1977) (any rule prohibiting the use of silent or non-disruptive tape recording devices is unreasonable and arbitrary and is, accordingly, invalid, thus fire control district may not prohibit a citizen from tape recording public meetings).

Friday, April 28, 2017

Vinyl Special Privileges and This Is How They Treat Garden Street

From a reader:

Garbage bags running all over Garden Street sidewalk
Trash bags not placed in dumpster
Dumpster gates wide open

This is the business that DIB wants to subsidize?
What would our downtown look like if every business was like Vinyl?


Thursday, April 27, 2017

Hey Vinyl : DIB Can't Give You A Pass On City Code

Sec. 11-4-2. - Business using streets and sidewalks; permit required.
No person shall use any portion of the streets or sidewalks of the city for the location or operation of any private business unless such person obtains a permit or franchise for the use of such streets or sidewalks from the council.
(Code 1968, § 146-27; Ord. No. 22-87, § 31, 5-28-87)
Sec. 11-4-66. - Obstructions on public rights-of-way—Prohibited.
It shall be unlawful for any person to plan, place, maintain or have any tree, shrub or other obstruction upon or extending from private property into any street, sidewalk, grass plot area, property, right-of-way or easement, either dedicated or occurring by operation of law, belonging to the city, that interferes with the normal and safe passage of vehicles or pedestrians traveling within their designated portions of the public right-of-way.
(Code 1968, §§ 146-13, 146-31; Ord. No. 22-87, §§ 31, 35, 5-28-87)


Wednesday, April 26, 2017

Levin / Vinyl Victim Speaks Out on DIB Meeting

Maren:

I just came in from the DIB parking meeting and wanted to post an update.

The DIB stated Vinyl does not have the authority to tow cars and the Use Agreement states Vinyl is responsible for any damages that arise.

The DIB is looking at providing signage to Vinyl to alert customers not to park in the spaces.

After my car was towed and I brought this to their attention, the DIB met with Harry Levin, renewed their agreement that expired and charged Vinyl for the parking spaces used since the agreement expired. 

Vinyl signed 3 new agreements on 4-21-17.

Vinyl paid the DIB $500 for the use of 2 metered spaces on Garden street for January 2016 through December 2016, on 4/21/2017.

Vinyl signed a new agreement for 3 parking meters valid Jan-June 2017 at a cost of $180.

Vinyl signed another agreement for 1 parking space valid April 1-30, 2017. 

The DIB stated that by renewing the spaces and collecting fees, does not shift liability to the DIB because the agreement does not allow Vinyl to tow.

The current agreement ends in 30 days and the DIB parking committee is going to revise their agreement to make it fair to all businesses and include requirements of proper signage.

After the meeting, Harry Levin told me he was upset the way I handled the situation, he has every right to tow vehicles in spaces he paid for, he denied that Vinyl is responsible any damages, he wont even pay my tow bill. Harry said he will "let the courts decide." 

My attempts to contact Harry and Evan was through a message left with Brian Oden, emails to Harry , Evan and Teri Levin. When I discovered I had the wrong email address for Evan, I stopped by Evan's home and left a note for him to call me along with all the documentation. After not getting a response, I left a note on Evan's car, which turned out to be Harry's assistant, but he did get the message. Brian Oden told me I was not allowed on their property, which is why I did not go to Vinyl, or 5 1/2 to speak to them directly. 

Harry said they did not respond to me because they feel they have been vilified and he felt my emails were "Threatening." (I can assure you I would NEVER write a threat of any kind to a "Levin.")

I agreed the media response has been tough, but burying your head in the sand only allowed it to blow up further.

I feel the DIB should not renew the agreement until they accept responsibility of their illegal actions because Vinyl violated the terms of the agreement on many occasions. My car wasn't the first to be towed and according to Harry it is not going to be the last one, because Harry feels it is his right if he paid money. (Actually he paid money on 4-21-17 and he towed my car 2-18-17) 

Documented "Use" agreement violations;
1) When they towed my car. DIB was given proof of Tow receipt. The agreement doesnt allow it and the DIB told Harry tonight he can't tow. 
2) When Vinyl bagged and blocked off 2.5 blocks of parking spaces, when the agreement allowed 3 spaces. DIB saw the video Brian Oden posted showing blocking off the spaces.
3) Vinyl uses the spaces for their other business 5 1/2. 
Brian Oden of Vinyl told me specifically my car was towed because the bar 5 1/2 was hosting a private party (The CW55) and the VIP shuttle needed to drop off party attendees. The performing band did not come on a tour bus, but a white cargo van. 

This "Use" Agreement is a sweet deal for Vinyl because if the DIB didn't allow it, Vinyl would be forced to purchase a parking lot with electrical plugs for the tour buses, or not bring in the larger acts.

I personally see this as a privilege, not a right and they have abused this privilege. 

On a final note, the DIB is going to allow Public input. I recommend everyone concerned attend, because the next car towed could by yours. 

Tuesday, April 25, 2017

BOMBSHELL: Evan Levin, Vinyl Owner ON THE DIB BOARD WHEN VINYL DEAL DONE

PNJ Article on DIB / Vinyl Parking Agreement:

"At the start of 2013, Vinyl Music Hall had a formal use agreement with the Pensacola Downtown Improvement Board to take over three meters along East Garden Street. The concert venue covered the meters with yellow bags that read "NO PARKING" on some days of events. The bags were meant to ensure the spaces remain open for performers' tour buses and other large vehicles."

Link to Article

From the City Council Agenda when Peacock was appointed in 2012
















The DIB ED stated the deal with Vinyl was done "at the start of 2013".

But what appeared on the City Council Agenda at the May 23, 2013 Agenda?

















Folks, how in the world is the Vinyl Agreement not self dealing when you consider the below facts:

  • Vinyl's owner was on the DIB Board when the special one of a kind parking deal was done.
  • He was an employer of the DIB director thats job depended on Board support.
  • No documentation of any Parking Committee review has been provided as required in the interlocal.
  • No documentation of the Public hearing has been provided as required in the interlocal.
  • No documentation of a DIB vote of a majority plus one has been provided as required in the interlocal..
  • Others have asked for similar deals but have been told NO by the DIB.
  • It has been proven to the DIB that in addition to the three spaces, Vinyl has illegally covered 2.5 blocks of spaces.  No consequences.
  • Even with a special agreement, Vinyl towed a legally parked car from a City street,  The DIB is aware of the incident and has done nothing.
SUPER SPECIAL SNOWFLAKE?
Ethics Violation?

The DIB parking committee meets today at 4:30 at the Earle Bowden Building 

Should be interesting!

Did DIB Violate the City Interlocal?

The City of Pensacola and the DIB entered into an interlocal agreement in 2007 for the management of parking downtown.

That Interlocal states:















Questions:

  • Did the DIB parking committee authorize the original Vinyl agreement?  Please provide the public record.
  • Was a public hearing conducted?  Please provide the public record.
  • Did the DIB Board vote in the majority PLUS ONE ADDITIONAL VOTE?  Please provide a public record.
  • Does a Power Cord running from the building to the bus impede the sidewalk to wheelchairs?
The entire interlocal is in the City Fortis program at the following link.  Word search for Downtown Improvement Board

Monday, April 24, 2017

Vinyl / DIB Just Gets Weirder!

So...lets get this right.

  • Three years ago when Hayward was Mayor a secret leasing deal was done with Vinyl, his supporter and the son of a Board member, for the meter spaces outside their business for three years.
  • No record of approval by the DIB Board or the Parking Committee of that secret deal is available.
  • Last month the DIB chairman states with no reservations in an email that the DIB does not lease spaces.  Lie or ignorant?  There are only two possibilities.
  • The DIB tells a Citizen requesting similar treatment that it does not lease spaces to businesses. The DIB ED admitted that he was unaware of the deal at the time.
  • So...the ED of the DIB executes a new agreement when he discovers the old one lapsed.  No Board approval, no Parking Committee approval.  Just makes up a SWAG number and makes a new agreement.
  • How does that work?
  • He is now making special deals for the Levins and telling other equal members of the DIB NO!
  • How is that even legal at all.  The DIB chooses who get special treatment?  Based on what documented criteria?
This is a HOT MESS!

PNJ article






Thursday, April 20, 2017

Mayor Hayward...Before you open your mouth, prepare to...

The Mayor was all brave and cavalier on the radio yesterday about the coming lawsuit by the ACLU against the City for its panhandling ordinance.

He is intent on the illegal panhandling ordinance. Intent on paying Beggs & Lane to fight the bad fight.

What he should have done is turn to the Bobblehead and ask her about CASE NO. 8:15-cv-1219-T-23AAS from the Middle District of Florida.

You see Bobblehead would have been able to show him the following against the City of Tampa:

ORDER

Challenging an ordinance that bans in parts of Tampa, Florida, the solicitation of “donations or payment,” Homeless Helping Homeless, Inc., sues (Doc. 42) for an injunction against the City of Tampa’s enforcing the ordinance and for a declaration that the ordinance unconstitutionally infringes the right of free speech protected both by the First Amendment to the United States Constitution and by Article I, Section 4, of the Florida Constitution. Under Rule 12(c), Federal Rules of Civil Procedure, Homeless Helping Homeless moves (Doc. 47) for a judgment on the pleadings.

Blah blah blah

A. Soliciting money is protected by the First Amendment.

The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”3 Soliciting “donations or payment” is a form of speech protected by the First Amendment.

CONCLUSION

Accordingly, Homeless Helping Homeless’s motion (Doc. 47) for a judgment on the pleadings is GRANTED. Homeless Helping Homeless’s motion (Doc. 48) for a preliminary injunction is DENIED AS MOOT. The clerk is directed to enter a judgment for Homeless Helping Homeless and against the City (1) DECLARING that Section 14-46(b) unconstitutionally infringes the right of free speech protected by the First Amendment to the United States Constitution and by Article I, Section 4, of the Florida Constitution and (2) PERMANENTLY ENJOINING the City from enforcing Section 14-46(b). Also, the clerk is directed to terminate any pending motion and to close the case.
ORDERED in Tampa, Florida, on August 5, 2016.

Federal Order

Nice work Bobblehead!  You are sooooooo good!  You made the Council and the Mayor look like buffoons!





Tuesday, April 18, 2017

Hayward's Next Windfall to Beggs & Lane...Panhandling

Never one to stop the meters at Beggs & Lane, it appears the Mayor Hayward's insistence to push the panhandling ordinance for his DIB cronies will once again make him the top revenue producer at the prestigious downtown lawfirm.

ACLU attorney Sara Latshaw explained today that the organization will be filing a lawsuit against the City of Pensacola regarding the ordinance.

Sara_Latshaw_-_Director_for_North_Florida_Region_for_ACLU_of_Florida

B&L is killing it with Hayward at the helm.

Beggs & Lane
2014 $267,837.31
2015 $220,107.68
2016 $540,613.00

Lets run down all the litigation one of Pensacola's premier law firms is handling for the City:

  • Fish House / Seville Harbour - $250,000 plus
  • Bayview Cross - $70,000 plus
  • ECUA Wells - $109,000 plus
  • Lease matters for CMP
  • Independent Investigations
  • Charter Challenges
  • Criminal Investigations of the Mayor
Bet the attorneys at Beggs & Lane are begging AJHIII to run for a third term.

Monday, April 17, 2017

The Insanity of Fining A Panhandler...Only in Pensacola

Last week the Pensacola City Council went to a new level of insanity in passing a panhandling ordinance.  According to the PNJ:

"A law enforcement officer would have the authority to issue citations to those caught soliciting donations. A first offense would levy a $50 fine, a second $100, a third $200 and all additional citations would hit offenders with $400 fines. The officer could also opt not to deliver a citation and instead direct the panhandler to local services meant to assist the poor.

Those opposing a citation would run the risk of a county court imposing a maximum fine of $500. No violations of the measure would carry jail time."

Link to PNJ article

Stop and think about this!  Fining someone begging for money $50.  Jail never possible but the fines increase. Insanity!

Has anyone heard the phrase you can't get blood from a turnip?

PPD should just tear out the pink copy and throw it in the nearest trash can.

More questions for the esteemed Council:
  • If a guy is begging for quarters...is he gonna pay a $50 fine?
  • Do you spend more money sending unpaid citations to collections?
  • What address do you put on the citation if they are homeless... front doorway of Jewelers Trade?
  • Who keeps track of all these citations?  
  • Is Pam Childers to bill the City for the clogged artery of uncollectible fines?
Why not just make the panhandler empty his pockets and seize his money, Gestapo?

By the way...If Peacock stops you to ask for a donation to his charity on Palafox...Call a cop and have him fined.






Friday, April 14, 2017

Special Snowflakes Part 5 of 5

Ladies and Gentlemen of the Public, these are the facts and they are indisputable.

  • Vinyl Music Hall is owned by very prominent supporters of the Mayor. In fact, the Mayor held his victory party AT VINYL.
  • The DIB is comprised of a Board of Directors appointed entirely by the Mayor.
  • The City has a contract with the DIB to manage parking downtown.
  • Vinyl, in violation of Florida law, had an LEGALLY parked car towed away for the private unpaid use of a City of Pensacola resource.
  • The illegally towed vehicle incurred $3,000 in damage while in the custody of the towing company.
  • The management of Vinyl were made aware of the damages incurred by the Citizen and have refused to do anything to correct their illegal activity.
  • After growing ever bolder, Vinyl approached the DIB parking contractor about purchasing bags for the meters outside their business.
  • The purchase and use of these bags was unknown to the DIB chairman or the DIB parking committee.
  • Vinyl Music Hall, without permission began a campaign of illegally depriving the City of Pensacola and the DIB revenue by illegally covering the meters outside its establishment falsely stating that the metered spaces were "no parking" and "violators would be towed".
  • Ever emboldened in their illegal enterprise, Vinyl had a multitude of Vinyl meter bags manufactured and with no regard to the illegal nature of their actions and extended their illegal diversion of City resources to over 2.5 blocks of City of Pensacola parking meters.  
  • The illegal actions of Vinyl were video taped by the bar manager and posted on social media in a blatant flaunting of their illegal acts.
  • The DIB in its capacity as the parking management organization for the City routinely decides enforcement issues and fines Citizens for breaking Pensacola parking regulations.
  • Once confronted about the situation, the DIB, in violation of its contract, admitted it allowed the illegal activity as it was arbitrarily allowing Vinyl to act illegally in an attempt to provide the FOR PROFIT business with a private unapproved economic incentive to enhance the profitability of the business. 
  • The actions of Vinyl were pointed out here on this blog and in the Pensacola News Journal.
  • Management has refused to comment to the newspaper
  • The illegal activities are continuing 
  • The DIB once made aware of the illegal activities is continuing to allow the business to deprive the DIB and the City of its rightful income.
Ladies and gentlemen of the public,  how do you find!

Super Special Snowflakes!


Thursday, April 13, 2017

Special Snowflakes Part 4 of 5

What Vinyl Music Hall is doing with the bags is a CRIME.

877.08 Coin-operated vending machines and parking meters; defined; prohibited acts, penalties.—
(1) A “coin-operated vending machine” or “parking meter,” for the purposes of this act, is defined to be any machine, contrivance, or device that is adapted for use in such a way that, as the result of the insertion of any piece of money, coin, or other object, the machine, contrivance, parking meter, or device is caused to operate or may be operated and by reason of such operation the user may become entitled to receive any food, drink, telephone or telegraph service, insurance protection, parking privilege or any other personal property, service, protection, right or privilege of any kind or nature whatsoever.

(2) Whoever maliciously or mischievously molests, opens, breaks, injures, damages, or inserts any part of her or his body or any instrument into any coin-operated vending machine or parking meter of another, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

mo·lest

 (mə-lĕst′)
tr.v. mo·lest·ed, mo·lest·ing, mo·lests
1. To disturb, interfere with, or annoy

Wednesday, April 12, 2017

Special Snowflakes Part 3 of 5

Yesterday, I showed how the DIB, with Mama Levin on the Board, allowed a private business, Vinyl Music Hall, which her son owns, to purchase bags for $258 (the cost of the bags) to place over the City parking meters to magically, with a little magic marker, turn them into a tow away zone.

Never mind that it is illegal.
Never mind that it wasn't approved by the Board.
Never mind the Chairman said the DIB didn't do it.

Dang it now, the DIB is trying to help a private for profit business that supports the Mayor of Pensacola to attract profitable bands to their business.  Personal marketing assistance by the organization that their mom is a Board member of.  Whats the issue Maren?

Well yesterday I stated "if you give a mouse a cookie he will want a glass of milk"

That's nicer than saying if you give Special Snowflakes an inch they will take a mile...literally

Why only buy bags for 4 meters, when you can go online and buy bags for 2.5 blocks of Palafox and not pay anyone for them.

Look at the audacity in this video of Vinyl, WITH NO PERMISSION, bagging 2.5 blocks of City meters for their exclusive use.

video


These run all the way down Garden Street folks.

THEFT OF PUBLIC INCOME! MISMANAGEMENT BY THE DIB OF CITY RESOURCES THEY ARE UNDER CONTRACT TO ADMINISTER!

They are proud of it.  They took a little favoritism due to WHO THEY ARE and decided to DOUBLE DOWN.

What has the DIB done?  Nothing.
What are they going to do?  Nothing

The Ultimate Special Snowflakes!





Tuesday, April 11, 2017

Special Snowflakes Part 2 of 5

Yesterday, I shared how Vinyl Music Hall had a Citizen's car towed from a legally parked City of Pensacola street causing over $3,000 damage after it was illegally towed.

We also saw the bar manager hold up the tow away zone sign that was hidden behind the bar.

When the Citizen confronted Vinyl Music Hall, what happened?

  • Apology...no!
  • Payment for wrongful act...no!
  • Attempts to correct what a local attorney has told me amounted to Grand Theft Auto...NO!
Special Snowflakes don't want the hassles of rules for their Special Snowflake havens.

After this incident, the Special Snowflakes went to their Mama's organization, the Pensacola Downtown Improvement Board to find a way to make their OWNERSHIP of City parking spaces legal.

For the sum of $258, Vinyl Music Hall purchased from the DIB NO PARKING bags to go over the meters outside its facility.


























I'm pretty sure, the bags sold were NO PARKING bags.  The "Violators will be towed at owner expense" was written with a Magic Marker so I don't know if it is enforceable.

Wow, what a way to have your own private parking spaces for your business.  Many downtown business owners would want those.  Right?

So a Citizen and downtown business owner began asking members of the DIB Board about obtaining their own bags for the their business.  Look at their email and responses below.

To: curtm@downtownpensacola.com
Cc: john@downtownpensacola.com, Brian Spencer <bspencer@cityofpensacola.com>, teri@downtownpensacola.com

Curt:

I am sorry I missed your call this morning.

I spoke to Wayne Glass and he told me Vinyl Music purchased Yellow Meter bags from the DIB at a cost of $258. Each.

They were purchased the week of 2/20/17.

Here is a picture of what they look like.

My question is:

1)How long are the bags good for?
2)Is there an application I need to fill out to get some?  
3)What type of signage is required to post in order to be able to tow vehicles? Are the bags sufficient?
4)How many hours ahead of time do they need to be on the meter before you can legally tow cars?
5) If a car is already parked before the bag is placed on the meter, can you tow it?

Mr. Glass was very nice but he could not answer these questions.

Thank you,

DIB CHAIRMAN RESPONSE

My understanding is that Curt has already provided you an answer.  We do not lease spaces to individual businesses

Thanks

BUT EVIDENTLY MINI MAYOR PEACOCK DOESN'T EVEN KNOW WHAT IS GOING ON IN HIS OWN ORGANIZATION ACCORDING TO THE EMAIL BELOW FROM THE DIB.

RESPONSE OF THE DIB

"I’ve spoken to Mr. Glass again this morning, and he’s related the same information to me that he shared with you previously.  Unfortunately, parking in Downtown Pensacola is public parking, unless otherwise posted. Public parking spaces are not available for lease for specific customer parking use.

We’re working on a master parking plan that could include new parking equipment that would allow a merchant to pay for parking on behalf of a customer. That technology exists in other markets, and we definitely see the value of installing it here. The spaces you’ve referenced to on Garden Street adjacent to Vinyl Music Hall are utilized much the same way that space is provide to The Saenger. Those parking spaces help to accommodate performers that travel in oversized vehicles. In making accommodation for those special vehicles, it encourages acts to book Pensacola as a stop because oversized parking is readily available at the venue.

Please give me a call anytime I you’d like more information. "

Read the email again!

In paragraph 1, the DIB states: "parking in Downtown Pensacola is public parking unless otherwise posted."

In paragraph 2, the DIB states: "The spaces you’ve referenced to on Garden Street adjacent to Vinyl Music Hall are utilized much the same way that space is provide to The Saenger. Those parking spaces help to accommodate performers that travel in oversized vehicles. In making accommodation for those special vehicles, it encourages acts to book Pensacola as a stop because oversized parking is readily available at the venue."

HOLD THE FREAKING PHONE, the Saenger is owned by the City, the Citizens.  

Vinyl is a FOR PROFIT BUSINESS owned by huge supporters of the Mayor being given special accommodations FOR THE PROFITABILITY OF THEIR BUSINESS so they can pump more money into the Mayor's campaigns.

Would Nick like some spaces so he could bring more Springsteen fans to Pensacola?
Would Don Allen like a private parking space so he could bring dapper dressers to Pensacola?
Would O'Reily's like some private spaces so they could attract Irish Bar enthusiasts to Pensacola?
Would the Mayor's neighbor like some private spaces in front of her shop since the Mayor asked her to locate downtown?
Would Bubba's Sweet Spot like some private spaces for golf fans coming to Pensacola?

Where does the DIB get off making special accommodations for the kids of the Board members while the rest of Pensacola and the other DIB members are told to eat cake?

This takes Special Snowflakes to a whole new level folks!

Public spaces are public spaces.  Period!  But not in the Upyours of Florida!

Tomorrow...If you give a mouse a cookie they will want a glass of milk.