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.



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.


Monday, April 10, 2017

Special Snowflakes. Part 1 of 5

Its Pensacon weekend.  A Pensacola Citizen legally parks on Garden Street at a metered space just east of the loading zone for Vinyl Music Hall.  The Citizen is in our downtown enjoying the event, spending money in local businesses.  Later, the Citizen returns to drive home.



The car is gone.  They have no idea where it is.  Has it been stolen?  There are no signs. No markings. A metered space.

They inquire at Vinyl Music Hall.  The manager informs them their car has been towed.

Let me repeat for the point of emphasis.

  • A downtown business owner has had a legally parked car towed from a City street on their own authority.
The Citizen asks the bar manager where the sign noting tow away zone was posted.  The bar manager REACHES BEHIND THE BAR AND RETRIEVES A SIGN.  SEE PROOF BELOW!

















Thank God for cell cameras and cocky bar managers.

When the Citizen goes to retrieve their car, they find $3,000 of damage has occurred since they legally parked their car on a City of Pensacola street.  
  • The towing company denies responsibility
  • Vinyl Music Hall denies any responsibility

So what does Florida Statute say about this situation:

(4) When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney’s fees; and court costs.

But not in Pensacola!  Pensacola has Special Snowflakes that don't have to follow the laws.

Vinyl refuses to do anything.

Rules are for fools...Not Special Snowflakes!

So what do the Special Snowflakes do next.  They double down on making up their own rules.

Tomorrow....Vinyl begins making up their own laws using the DIB, which Mom sits on, as their personal tool.

Friday, April 7, 2017

Proof that Council not the Mayor, the DIB or Mini Mayor Peacock Control Parades

In the Pensacola Code of Ordinances is the following:

Sec. 8-1-17. - Throwing certain objects at parades prohibited.
It shall be unlawful for any person, while participating in a parade or while on a parade route or in a parade staging area or in a parade disbanding area to throw, toss, distribute, possess, or have in his custody or control any fireworks not expressly permitted by Florida law; any life-threatening objects; any noxious substance or any liquid intended to be poured, tossed, handed out or otherwise distributed; or any throw containing sharp points, including but not limited to plastic spears or plastic, paper or silk flowers with wire stems, intended to be tossed; or to throw, toss or otherwise distribute, any other object having a weight in excess of two (2) ounces; or to throw, toss or otherwise distribute any object in such a manner as to encourage spectators to enter the street or to closely approach vehicles, floats, horses or other conveyances.
(Ord. No. 19-90, § 1, 3-22-90)

Parades clearly come under Council authority.
Sorry Ashton!  Sorry John!

Party on!


Thursday, April 6, 2017

DIB Oversteps its Authority...AGAIN

Rick Outzen posted that the DIB has established Guidelines for Street Performers.

http://ricksblog.biz/dib-releases-guidelines-for-street-performers/

As previously stated, by statute the DIB has NO AUTHORITY TO MAKE ANY REGULATION.

See the entire authority of the DIB under state statute at the post below.

http://pensacolad3.blogspot.com/2017/03/hats-dib-powers.html

So what did the Executive Director say?

"The DIB staff will be finalizing the new guidelines over the next week and requesting community input before finalizing a plan."

Under what authority?

These regulations help maintain the vibrant atmosphere of downtown while protecting the rights of pedestrians, businesses, and performers.

The DIB CAN NOT pass regulations!!

"Persons have a right to perform on public property, but those performers can cause adverse impacts to the community in the form of gathering crowds attracted to the entertainment offered in locations where there is insufficient room for crowds; blocked sidewalks; blocked ingress and egress of buildings; the risk of disruptive nearby motor vehicles traffic; and/or disturbance of the quiet enjoyment of residence and businesses."

Correcting these issues are a City function, not the function of a taxing district!

Performers may utilize sidewalks subject to the following guidelines:
 Not violate the prohibitions set forth in the County Noise Abatement Ordinance.
 Not obstruct or cause to be obstructed pedestrian or vehicular traffic, sidewalks, doorways, or other access areas.
 Performers must provide a minimum of six feet for pedestrian passageway.
 Not sell, display or exhibit any tangible good, on any sidewalk, in exchange for a fixed price or donation.
 Perform only at times between the hours of 10am and 10pm.
 Not consume or be under the influence of alcoholic beverages or other controlled substances while performing.
 Performances involving the use of knives, swords, torches, axes, saws (except non-powered saws used solely as musical instruments), fire, or other potentially dangerous objects or that involve acrobatics, tumbling, or other inherently dangerous activities are prohibited.
 Performances are not to take place any closer than 40 feet from another performer with additional regulations within two designated High Impact Areas.


Once again, the DIB can not make this enforceable, only the City Council can pass regulations and ordinances and only the City of Pensacola can enforce those regulations!

Police officers can not enforce DIB guidelines they must enforce laws and ordinances.  This is a Council function...Period!

Mini Mayor Peacock is out of control and should be removed!



Wednesday, April 5, 2017

Andrew Tallman Is Left Dumbfounded Parades off Palafox is Being Evaluated By Hayward

Andrew Tallman on AM1620 and now on FM at 92.3 tried to have the Mayor tell him my post regarding the DIB meeting and potentially moving parades off of Palafox was a "early rumor" and a "total lark nonstarter"

http://podcast.newsradio1620.com/index.php/post/4363/Ashton_Hayward_-_Mayor_of_Pensacola

But the Mayor knows:

  • I have all 2.5 hours of the meeting recorded.  I know what he said.
  • He directly told his neighbor who owns a SOGO business he would look at alternative parade routes
  • He had other special snowflakes present who want the parades moved off of Palafox.

So when Tallman tried to "pin him down", the Mayor admitted that other routes were being evaluated.

He even had an alternative route planned and shared it.

So there is your "early rumor" and a "total lark nonstarter", Tallman.  Tallman tried to call it fake news...but its not fake its fact.

Apology Tallman?  Oh, your not "big" enough for that!

Finally,  the Mayor ends the interview by discussing his love of pancakes, how he wants pancakes all the time on weekends.  I couldn't help but laugh out loud because the scene below is all I could think of.





Monday, April 3, 2017

Consent Agenda...Right Under Councils Nose Hayward Does A Deal for Kerrigan

On the Council's March Consent Agenda was an action item sponsored by Ashton Hayward himself.

The action item was entitled:

Airport - Approval of Amendment No 4 to the Lease and Operating Agreement with ECKO Air LLC

Recommendation:

That City Council authorize the Mayor to execute Amendment No 4 to the Lease and operating agreement between the City of Pensacola and ECKO Air LLC at the Pensacola International Airport. Further that City Council authorize the Mayor to take all necessary actions to execute Amendment #4.

So whats the big deal,,, a simple amendment...well lets unpack this simple language

Questions Nobody Asked:

Who is ECKO Air LLC?

Its Bob Kerrigan!  Period

Sunbiz Annual Report

Why did they need an Amendment?

To secure the rights to space that a new tenant at the airport needed for Kerrigan's profit!

Resicum International LLC is coming to Pensacola International Airport to instruct foreign flight students in the operation of UH-60 helicopters.

https://www.ziprecruiter.com/jobs/resicum-international-llc-088672e8

This is great news for Pensacola and Resicum but...

Why did the Economic Development Mayor not ask his puppet master, attorney and financial supporter Kerrigan to let his unused lease go and lease the additional hanger and office space and tarmac tie down direct to Resicum rather than letting Kerrigan EXPAND HIS FOOTPRINT to PROFIT off of the new business?

Under the "amendment" Kerrigan goes from 36,568 square feet to 63,188 square feet.

Resicum was subleasing space from Kerrigan prior to additional space becoming available in the adjacent hanger.  They began the sublease in January 2017.

Why not decrease the cost to a new tenant at the airport by leasing that space directly to Resicum?

Did the City even give Resicum an opportunity to lease direct without a Kerrigan markup?

Does Resicum know their "landlord" was given a sweetheart deal at their expense by the Mayor?

Lavallet, Brittney Forge...learn this phrase...RUN UP TIME

More developing....