Friday, October 20, 2017

Leases...Council Must Approve Changes...Until Hayward Decides They Don't

The unbelievable amount of fish "nutrients" that Mayor Hayward and email snitch Olson are spewing over this fish hatchery lease is comical.

Below are lease facts regarding the City.  They are indisputable.

When Bob Kerrigan's lease at the airport needed to be amended to allow subleasing, Council had to approve.

When Julian McQueen wanted to assign his lease at the airport to Pensacola Aviation, Council had to approve.

When Offshore Inland wanted to change their long term rental agreement to dump a warehouse, agree to a balloon payment for back rent and reduce their future rent payments, Council had to approve.

When Offshore Inland couldn't make their balloon payment and needed another concession, Council had to approve.

When Resicum needed their uses amended at the Airport to allow for helicopter flight training, Council had to approve.

When FWC voids its lease specifically as detailed in the document regarding commencement of construction, NO COUNCIL APPROVAL IS NEEDED.

Here is my take:

  • Olson was the initiative coordinator over this Rick Scott accommodation before he was overpromoted.  He had and has no idea what he is doing in his job.
  • Hayward got his PR win back in 2011 when he called his emergency meeting and got conceptual approval
  • The FWC got its PR win back in 2011 when they got the BP funds earmarked.
  • This project has been number 97 on both the City and the FWC's  top 100 to do list since 2014.
  • Someone woke up in February and figured out that the FWC was waaaaaay behind glideslope on this project and put in the bull "nutrient" permit so that something was in the system.
  • When the PNJ started looking, Olson exclaimed "Oh "Nutrient"!
  • Then the lease was reviewed and the lease was actually VOID under the LDC definition of construction.  Olson said "Holy Nutrient"
  • Then the CRA requirement and angle was pointed out by the PNJ as detailed in today's article.
  • When it was pointed out to him yesterday by the reporter, Olson must have called Hayward and said "  We are in deep "Nutrient"!
Folks!  This is a typical Ashton Hayward real estate project! 

One big sad pile of "Nutrient"!

Thursday, October 19, 2017

Hayward and FWC Full of Nutrients...By the Way the Permit you are Holding On To As Proof...EXPIRED

Let's unpack the FWC & Mayoral JOINT statement:

“The City of Pensacola and the Florida Fish and Wildlife Conservation Commission (FWC) agree that construction commenced as contemplated, that no violations of the lease have occurred and that the project is moving forward as planned.

Olson pedaled these "nutrients" in an intimidation letter to Council as well:

"In short, we are in agreement with FWC that construction commenced as contemplated and that the project is moving forward as planned. If you have questions about the status of the project or any of its individual elements, I encourage you to contact Keith Wilkins."

"At the time the project was discussed, the parties were aware that the project required public meetings and other agency involvement."

Where is the MOU???   There is construction set to proceed before an MOU is in place?  What if they disagree on the MOU?

"Thus the lease, as approved, balanced the risk of undue delay or stagnation with a negotiated provision for commencement of construction as agreed to by the parties to trigger a completion of construction deadline."

Code for "don't want to take ANYTHING back to City Council" because it will lose.

"The City has been apprised of FWC’s progress throughout, and the parties are in agreement that the completion of construction deadline is February 14, 2020."

OOPS...10 years after the spill that the hatchery was meant to assist in the recovery for and 9 years after Hayward brought the lame brained plan to Council in the first place, the building is to be completed.

A decade after the spill.

As seen above, the Preliminary Permit EXPIRED Sept 12, 2017.  So no valid permit is open on this project.  But construction has commenced.

To not honor the lease would be a violation of the contract.”

Terms of the lease have been VIOLATED

The lease is VOID

Hayward is running this project about as successfully as Redfish Harbour.  

Wednesday, October 18, 2017

Fish Hatchery...The Facts!!

  • On June 20, 2011, Mayor Hayward called a special Council meeting to discuss the fish hatchery lease.  In the request for the meeting, the Mayor's office stated: "Request on behalf of Florida Fish and Wildlife Conservation Commission, in conjunction with partners such as Hubbs Seaworld Research Institute and Motes Marine Laboratory"
  • Since this emergency special meeting Seaworld and Motes have disappeared.
  • The proposal stated: "The facility will be one of a network of Gulf Coast fisheries, habitats and education research and restoration facilities"
  • SIX YEARS LATER, where is the "network"?
  • When he addressed the Council in June 2011, OVER 6 YEARS AGO, the official minutes reflect Mayor Hayward stating "TIME IS OF THE ESSENCE"
  • The proposal was for "sportfish species such as red snapper, red drum and spotted trout"
  • In fact, two separate city-sponsored studies recommended a best use for the Bruce Beach site. Both the URAC report, released in fall 2012, and the Community Redevelopment Agency Plan, released two years prior, recommended that the property be reserved for recreational use and public bay access.
  • Three "time is of the essence" years later a LEASE WAS BROUGHT FORWARD.
  • The Council Memorandum present in 2014 stated:
" FWC will construct a state-of-the art saltwater fish hatchery for the production of sportfish species on the site along with a filtration marsh that will recycle nutrients from the hatchery and serve as a nursery for wetland plant species to support ongoing regional habitat restoration."


Next quote:

"All improvements will be consistent with the requirements of the Waterfront Redevelopment District as designated by the City of Pensacola Land Development Code with the Green Building Certification Ordinance"

Second anchor drop...If the City approves a building permit for their current site plan, it will be in violation of the City's Land Development Code. The hatchery does not have an urban form, it will be located too far back from Main St. and has the parking in front. Additionally, the hatchery site is located within an area of the city called the "dense business area". In 2009, the planning board and then council unanimously approved a maximum 10' setback in the dense business area. It's intention was to create a more walkable downtown by forcing buildings to be up close to the street and parking to the side or rear--since 10' wouldn't leave enough space for parking in front. City staff has not been enforcing the 10' max setback and did not bring it up when hatchery was considered. City staff agreed that the 10' setback applied to the hatchery. Yet the City has a planning board-approved site plan that is in violation of city code. If the City issues a building permit for the site as their plan currently exists, it will be in violation of the city's land development code.

In the least enthusiastic approval of an item in City history, Council approved the land lease anyway in a 5-3 vote.
  • Councilmember Bare voted NO!
  • Councilmember Myers voted NO!
  • Councilmember Pratt voted NO!
  • During the lease discussion, Councilmember Brian Spencer stated “I’m skeptical of its economic impact."
  • During the lease discussion, Councilmember Larry B. Johnson stated: “I’m still considering if this is the highest and best use for that property,” he said, suggesting that more research be conducted before a vote is taken. “Maybe it’s time someone on the council gets on a plane and goes to look at a hatchery similar to this one,” he said.
  • During the lease discussion, Councilmember PC Wu stated: “I’m mixed,” Councilor P.C. Wu said “If everything works out, I’d like to have it here. I just don’t know if Bruce Beach is the right location.” While Wu still embraces the potential environmental and science value of the project, he wondered, “Does a dollar a- year lease for waterfront property and so few jobs make sense on the merits?

  • Ken Ford, director of the Institute for Human and Machine Cognition questioned whether a hatchery was the “best use” of the property. “Think of any successful waterfront city to which we aspire comparison,” Ford said. “How many of these cities feature hatcheries as a driver of their economic engine?”
The lease states, in English:

" Section 20. Performance Schedule.  Time is of the essence of this lease, and in case the Commission shall fail to perform the covenants on its part to be performed at the time fixed for the performance of each respective covenants by the provisions of the lease, City may declare Tenant to be in default of such Lease and Immediately terminate the lease.  Barring any unforeseen delays due to site conditions or Force Majeure, as defined in Section 36 below,  Commission shall commence construction of the Center, the public waterfront access and public recreation facilities no later than three (3) years of the execution of this Lease.  Should the Commission fail to commence construction...on or before three (3) years of the execution date of this lease, the Commission hereby expressly agrees to immediately forfeit all property interests and any rights under this lease and occupation of the premises and the Lease shall be VOID.

Fast forward to the issue of has FWC violated the lease:

The City's LDC defines construction as "Construction (Chapter 12-9, Stormwater Management and Control of Erosion, Sedimentation and Runoff) means any on-site activity which will result in the creation of a new stormwater discharge facility, including the building, assembling, expansion, modification or alteration of the existing contours of the site, the erection of buildings or other structures, or any part thereof, or land clearing.

Therefore, under the 2014 is void!

More to come!

Monday, October 16, 2017

Wow! Does B. stand for Bold?

City Councilman Larry B. Johnson responds to Andy Marlette's Saturday cartoon on his Facebook page:

LBJ says:
Always a good day when I make an Andy Marlette cartoon. I let Andy and Quint Studer at PNJ management (know) that I had a good laugh. Ever since Quint took over the PNJ it's been a lot easier to know where he stands politically, on issues like the Pelicans, fish hatchery, etc. It will be interesting to see who Quint and the PNJ support in the 2018 elections!

Ding Ding!

Lllllllllletttt's Get Ready to Rumbllllllllllle!

More Articles on Fish Hatcheries

“You get to see the best of both worlds. You get to see what the government is doing in terms of trying to enhance the stocks up in the Squamish area, but you can also see [the fish] doing their own business as well, which is a huge draw,” he said, though adding in December the area “reeks” because there’s thousands of carcasses in the lake.
After so many years working with fish, Smith said he still usually enjoys eating salmon, but not during spawning season when the smell of the rotting fish pervades. 
After smelling rotting fish all day he doesn’t have the stomach to cook salmon once he gets home, he said with a laugh.
New Stinky!

When you get to Paris, look for the fish hatchery…if you can’t see it, you’ll probably smell it. The tower is just past the hatchery, but you’ll have to get outta the car and walk through the woods for a couple of minutes before you come across it. I visited this area some years ago and it was an interesting little side trip.

New Stinky!

Thursday, October 12, 2017

Sisson False Claims of Degree? Here we go again!

Attached is the employee file of Edward Franklin Sisson.  It will reflect that he a self promoter and is always looking for ways to "pad" his own employee file.


It contains:

  • His contract with the Mayor
  • His list of achievements which includes firing people
  • His payroll changes and adjustments
  • His personal email
  • His permission to teach motorcycle safety at night and on the weekends
Heck, it contains his fiance and mama's addresses and phone numbers.

What it does NOT contain:
  • a resume or
  • an application
So...absent any additional documentation that the man who wants to make sure everything he sees as beneficial is included in his employee file...we, the Citizens, must take Mr. Sisson's previous work history at his word.  

That has worked in the past hasn't it?

Well what is his word?

Edward F. Sisson currently serves as the Chief Human Resources Officer. He holds a degree in Human Resources along with 15+ years experience working in small, medium, and large companies, in both for-profit and not-for-profit environments. His industry experience includes consulting, manufacturing, municipal government, benefits outsourcing, higher education, and healthcare.

He has a strong background working in the public sector of Human Resources and his experience includes working in generalist, specialist, and managerial roles. Prior to the City of Pensacola, Edward worked as a Human Resource Business Partner with Alabama Medicaid, Alabama Department of Transportation, the City of Jacksonville, Florida, and Hillsborough County Civil Service Office.

Edward earned a Bachelor Degree of Science majoring in Psychology at Troy University and has secured four professional certifications to include: Senior Professional of Human Resources (SPHR), Certified Employee Benefits Specialist (CEBS), Retirement Plans Associate (RPA), and Group Benefits Associate (GBA).

Hmm! Anyone see the discrepancy?

Evidently the man has two degrees! 

One in Human Resources which would qualify him for his current job.

And one in Psychology which is nice but would be irrelevant to his current role.

Which is it Ed? Human Resources, Psychology? How do we know if you have a degree at all?

For all we know you could have been running trailer parks in the greater Tallahassee area before coming here.

Only Jose knows!  And he doesn't look like he is telling.