Monday, November 3, 2014

APPARENT CORRUPTION ON THE PART OF OUR LAST THREE GOVERNORS


Florida appears to be heavily laden with corruption.  A current report states that Florida is number 10 on the list of the 10 most corrupt states in the country.  I have read reports from previous years where Florida has been number 1, the most corrupt state in the country.  Governor Scott has been in charge for the last four years and Governor Crist was in charge for the four years before that.  Together they have been in charge of Florida for the last eight years during which time Florida has consistently rated in the bottom 20% of states properly handling corruption.  During this same time, Florida had 4 cities (Pensacola is number 6) in the category of 10 most dangerous small cities in the country.  It appears that the Governors of at least forty-six other states have managed to keep their small cities safer than either of these Florida Governors.  This appears to be an F minus for both candidates. 
While each candidate reports serious crimes on the part of the other candidate and points out the small successes during their term, neither of them have spoken about the apparent major problems in Florida—crime and corruption—and what they plan to do to correct that situation.
I, like many others, have repeatedly reported apparent illegal/criminal actions on the part of elected or appointed government officials who have harmed and victimized the public.  I discussed some of these illegal actions in my blogs:  pensacolanewsletter.blogspot.com and pensacolanewsletter2.blogspot.com.
In addition to the excessive corruption which has harmed us as a member of the public, Pensacola City Officials have individually targeted my business with false charges, false accusations, hostility, bullying, force, and abuse of authority by illegally interfering with the legal operation of our authorized business. 
Since most people seem to be unaware of the high level of crime and corruption in Florida, and especially in Pensacola, I have decided to describe my experiences of being an unwilling victim of crime and corruption in the hopes that my disclosure will inspire government officials to end the high rate of corruption in Florida and especially in Pensacola.
We had been officially and legally authorized, on two occasions, to operate our business as an art gallery/antique shop holding functions, by Pensacola Department Heads in May, 2000, and by the Pensacola City Council on January 11, 2001.  This fact is part of the official records of the Pensacola City Council which can be found at ci.pensacola.fl.us.
Our business was authorized and had operated, including the previous owner, at the same location – for over 25 years - with no complaints.  The business, an art gallery/antique shop holding functions, was in an historic house, built in 1883, and was located in the North Hill Preservation district.  We had been law-abiding citizens, paying our taxes on time, keeping our property up and dutifully obeying Pensacola Ordinances.  We operated our business strictly as authorized.   We enjoyed collecting antiques and art pieces for resale.  We also enjoyed seeing the family reunions, weddings, gallery nights and other social functions take place in our beautiful building especially the candlelight weddings (I supplied the candles and flowers free of charge) for young servicemen and women where I performed the marriage ceremony as I am a notary public. 
Since we have worked so hard all our lives, we wanted to enjoy our retirement by doing things we loved and, at the same time, add income to our fixed retirement income.  We have followed the rules and neighbors, guests and city officials have repeatedly stated that we have added greatly to the appearance of the neighborhood.  Our contract called for no hard liquor out of respect for the bride and our property.  All of the functions went well.  There were never any complaints from our neighbors, customers or city officials.  We were in a good position, as many venues for weddings had been heavily damaged or destroyed by Hurricane Ivan.  We had survived and quickly repaired the damage.  We were completely booked for the foreseeable future.
On March 19, 2005, without notice and out of nowhere, a police cruiser showed up during a wedding at 7:00 PM on a Saturday evening causing a disturbance with lights flashing and driving the wrong way on a one-way street.  The Pensacola Police Officer loudly declared, in front of many witnesses, that we were not authorized to have weddings and stated that our business was closed down.  I stated to him that we had been authorized by city officials to have functions and that functions had taken place at that location for 25 years with no problem.  He said our business was closed down and that was that.
It appeared that City Officials used the Pensacola Police Department to illegally close down our business, without due process.  This was the day before City Officials announced in the Sunday newspaper that they were going to build a forty-million-dollar Maritime Park at the end of our street. 
The Supreme Law of the Land, the United States Constitution, requires due process (Amendments 5 and 14) and equal protection (Amendment 14) for an action such as this.  Instead, City Officials skipped to the punishment stage, illegally closing down our legally authorized business.
Sunday morning I called the Pensacola Police desk sergeant who said that he was familiar with the incident and background and that if we tried to reopen or hold a function, a police officer would be dispatched.   The Pensacola News Journal had a front page article in the MONEY section announcing the plans for the Community Maritime Park to be constructed on our street.
On Monday morning, March 21, 2005, I called Mr. Cowper, Director of the Community Development Department and reminded him that we had been properly vetted, legally and officially authorized to operate an art gallery/antique shop having functions in 1999-2000. That we had been approved for these uses, including functions, by all relevant City Departments in May, 2000, again approved by the Pensacola City Council on January 11, 2001, for these uses, including functions memorialized by a Pensacola City Ordinance, and had been approved by County and State Officials for these uses, including functions.   
I told him that City Officials had not issued a prior notice of anything being wrong – informing us that we were in violation - before the surprise illegal close down of our business by the Pensacola Police Department.  I told him that City Officials did not follow due process to show we were in violation of any ordinance, procedure or law.  Mr. Cowper said that we were completely closed down and that we would be charged with committing a crime if we reopened. 
I submitted extensive documentation to Governor Bush and he refused to stop the apparent illegal/criminal actions against us.
I submitted extensive documentation to Governor Christ and to his aide, Mr. Newman, showing that our business had been properly authorized as being in compliance with all regulations, including zoning, parking, official authorization, etc. 
Below is a copy of the email I sent to Mr. Warren Davis, Interim Director of Citizen Services, on December 7, 2007.
“Dear Mr. Warren Davis, Interim Director of Citizen Services
In response to my letter to the Governor in August, 2007, I received a letter from Mr. Newman, dated September 14, 2007, referring us to our local government for resolution of our problem with the local government breaking the law.  Unfortunately, this has not worked.  As I stated in my initial letter to Governor Crist, we have been writing to the local government for over two and one half years pointing out that they are breaking the law and asking them to stop.  So far, they have refused to stop. 
Since the Governor is the Chief Law Enforcement Officer in the State, it is his responsibility to see that the laws of the State of Florida and the Country are followed.  This is not happening in Pensacola.  We have been denied our rights under the Florida Constitution and the United States Constitution and the Governor has the responsibility and the authority to resolve this situation.
I am requesting, under the appropriate public records and public information acts and laws, a copy of all correspondence, notes and summary of phone calls relating to our situation, our property or ourselves....”
We did not receive the information I requested and we did not receive any assistance in stopping the illegal actions against us.
On March 15, 2008, the Pensacola News Journal published an article written by the Florida Attorney General, Bill McCollum, titled, “Sunshine Law protects your right to know.”
Attorney General McCollum stated that the “Sunshine Law provides a right of access to government proceedings at both the state and local levels.”  Most of my requests for information regarding issues I was involved in, made under the provisions of Florida’s Sunshine Law and the Freedom of Information Act, have been ignored or denied outright (DBPR).  While Attorney General McCollum’s article makes it sound that the Sunshine Law rights are respected and obeyed, I have found that they were not.  I informed Attorney General McCollum about the illegal closing of our authorized business and the refusal to comply with out request for information.  He did nothing about the apparent illegal/criminal situation.
I received a letter from Mr. Newman, the Governor’s Office, dated March 17, 2008:
“Dear Ms. Mead
     Thank you for contacting Governor Crist.  The Governor appreciates your concerns about decisions on the use of your property made by local officials and asked me to respond on his behalf.
     Although the Governor appreciates the opportunity to review your concerns, your issue is a local government matter.  As you may know, our government is structured on the principle that local communities can best assess the needs of their residents.  For that reason, your best option is to continue to work with your locally elected officials to resolve this issue.
     The state attorney should be contacted by those who believe locally elected officials have violated criminal laws.  You can obtain the name of the state attorney in your circuit by calling directory assistance.  The Ethics Commission should be contacted by those who believe elected officials have used their office for private gain.  That address is Post Office Box 25709, Tallahassee, Florida, 32317-5709, and the telephone number is (850) 488-7864.
     Thank you again for writing.  For information about the Governor’s initiatives, please visit our Web site at www.flgov.com.
                                                         Sincerely,
                               Signed/typed     Rex T. Newman
                                                         Office of Citizen Services
Mr. Newman continued to define the problem as “concerns about decisions on the use of your property made by local officials” when the facts were that City Officials illegally closed us down without due process (violation of our rights under the United States Constitution); prohibited us from receiving income from our properly authorized commercial property (appears to be grand theft in violation of Florida State Statutes);  conspired together to extort us to close and remain closed based on force, threats, and bullying; made false accusations, statements and reports to those I reported the apparent illegal/criminal actions to; refused to furnish correspondence I requested under the Public Information Act and the Sunshine law, etc.  Extortion, grand theft, conspiracy, making false reports to state agencies, and other actions which Pensacola City Officials appeared to routinely practice appear to be felonies and were in violation of Florida State Statutes.  All Florida State agencies I contacted refused to accept responsibility for stopping apparent illegal/criminal actions against us. 
Mr. Newman, representing Governor Crist, and all other Florida State Officials I have contacted falsely define this matter as “a local government matter” or as a “civil” matter instead of abuse of authority and probable corruption on the part of public officials; and stated they would do nothing to investigate and stop the actions being committed against us.
On April 8, 2008, I, again, wrote to Governor Crist’s Office.
 “Dear Mr. Newman
I am enclosing a letter, dated March 9, 2008, that I sent to Mr. DuBose at our State Attorney’s office.  I have heard nothing regarding my letter.
As I previously stated to you, we have been writing to the local government for over three years pointing out that they are breaking the law, stripping us of our income from our commercial property downtown by illegally closing us down—an illegal activity they have refused to stop.  We have been writing to the City Council for almost 10 years, pointing out other illegal activities on their part which have caused us and others great harm.
As I’ve explained, in Pensacola, we cannot get our local governmental officials or our elected officials to follow the law and do their job.
Mr. Newman, we have aggressively pursued these apparent crimes through the state Agencies set up to handle them - State Attorney, Attorney General, Chief Inspector General, FDLE, etc.- and no one will effectively address these issues therefore, we are again asking that the Governor oversee this situation. 
We can be reached at (850) 433-7711.  Thank you for your assistance.
Sincerely,
 Mary M. Mead
 Mr. Newman did not answer my letter.
--------------------
    “Tallahassee – Gov. Charlie Crist asked the Florida Supreme Court Wednesday to impanel a special grand jury for a year-long investigation into “a culture of corruption” among public officials.
     At a brief news conference with Bill shepherd, the statewide prosecutor in Attorney General Bill McCollum’s office, Crist said the special grand jury he is seeking will focus on South Florida.  But he emphasized that it is not working on any single case, such as the recent arrest of Broward County eye surgeon Alan Mendelsohn – who raised money for Crist and served on his 2006 transition team.
     Broward County School Board member Beverly Gallagher and County Commissioner Josephus Eggelletion also have been charged with corruption, and two building contractors face charges of attempting to pay off unidentified Miramar city officials.
     “Recently, we have experienced an unsettling string of crimes, unconscionable violations of the public’s trust by public officials, predominantly in South Florida,” Crist said.  “The people deserve better.”
     Governor Crist petitioned the Supreme Court to create a grand jury to investigate allegations of corruption, indict those involved and make recommendations to fix “the fundamental problems within the system that may in fact be cultivating a culture of corruption.”
     “Crist, a candidate for the U.S. Senate, and Shepherd were joined by Lt. Gov. Jess Kottkemp, who is running for attorney general  next year, and Florida Department of Law Enforcement Commissioner Gerald Bailey.  McCollum, who is running for governor, issued a statement of support.”
Apparently the “special grand jury for a year-long investigation into “a culture of corruption” among public officials” never amounted to a serious undertaking but appeared to be press releases for people running for office.  The “”culture of corruption” among public officials continued to be a serious problem.
I wrote Governor Charlie Crist, again, on October 28, 2010:
“Dear Governor Crist
We have repeatedly requested protection against apparent criminal/illegal actions committed against us in violation of the United States Constitution, Florida Statutes and local ordinances regarding the Pensacola Mayor, Pensacola City Council and Pensacola City Officials illegally denying us the legal authorized use of our private historic property listed on the National Register of Historic Places.  So far, you have refused to stop the apparent criminal/illegal actions against us.”
I also asked for all communications regarding myself except for correspondence generated by me.
Governor Crist did not answer this letter and did not send the information I requested.
Each time I have written the Governor (including Governor Bush, Governor Crist and Governor Scott), the Governor sends us back to FDLE who will do nothing to stop apparent illegal/criminal actions against us on the part of officials to take our property away from us (not imminent domain, which would be a civil matter, but an illegal closing without due process).
Governor Scott’s aide, Mr. Newman, did not respond to my letter of August 7, 2011.  I wrote him again on September 16, 2011.
Dear Mr. Newman
I have received no answer to my letter to you of August 7, 2011. 
I asked that you investigate the apparent illegal/criminal actions against us, lift the illegal prohibition on me operating my legally authorized business, and bring charges against all who are breaking the law. 
I asked, under the Public Information Act, all correspondence, except generated by me, regarding our situation. 
I am again asking, this time under the Freedom of Information Act (FOIA), all correspondence, except generated by me, regarding our situation. 
Sincerely,
Mary Mead
Mr. Newman, Governor Scott’s aide, never responded to this letter either or did anything to stop the felonies being committed against us.  It appears that Governor Scott and his aide have no problem with citizens of the state being victimized by public officials.
 
 

Tuesday, September 9, 2014

RESULTS OF THE GRAND JURY CALLED BY THE STATE ATTORNEY AT MY REQUEST


I wrote the State Attorney, Mr. Golden, on July 19, 2001: 

“I have written to you three times about the city breaking the law regarding the certificate of occupancy and public records.  Each time, you have stated that this is not within your jurisdiction and you have refused to take any steps to investigate.

I believe that it is your jurisdiction when the city breaks the law, apparently in the criminal arena and people suffer financial loss and sometimes financial ruin.  In the process, many historic houses, such as ours which was built in 1883, have been lost because of the illegal actions of city officials…"

I received the letter, printed below, on the State Attorney’s Office letterhead, dated July 19, 2001, and signed by the grand jury foreman, Mr. Ronald Jackson. 

 
“Dear Ms. Mead:

The Escambia County Grand Jury met today and, among other things, considered your recent allegations concerning problems with local government.  After deliberation, the grand jury voted to take no action on the matter.

Thank you for taking the time to refer you concerns to us.

Sincerely,

 

(signed) Ronald Jackson
FOREPERSON
Escambia County Grand Jury”

 
I had not been notified that the grand jury would be reviewing my case so that I could appear and testify.  The State Attorney did not inform me of what information was presented to the grand jury.  I was not given an opportunity to present documentation to show there was wide-spread illegal activity being committed by City Public Officials which was harming the citizens of Pensacola, i.e. over 300 people illegally forced to obtain Certificates of Occupancy after the City had been formally notified that the Florida Building Commission had determined that this policy, enforced by City Public Officials, was against construction law.

I googled Ronald Jackson, Pensacola, the Grand Jury Foreman, with the following results: 
 
The President, since 1991, of Saltmarsh, Cleaveland & Gund, a very large Pensacola accounting firm.  I signed onto the Pensacola City website, ci.pensacola.fl.us, and searched the City contract files for Saltmarsh, Cleaveland and Gund.  There were many lucrative contracts between Saltmarsh, Cleaveland and Gund and the City of Pensacola including a current contract signed on July 10, 2000, for 5 years, until FY 2003-2004 for Saltmarsh, Cleaveland and Gund to supply auditing services for the City.

The members of the Grand Jury, or any jury, should be independent and impartial.  This apparent conflict of interest on the part of Mr. Ronald Jackson appeared to be a violation of Florida Statutes regarding conflict of interest as the firm of Saltmarsh, Cleaveland and Gund was doing business with the City, was dependent on the City of Pensacola for part of their income and appeared to be deFacto employees of the City.

It appeared there was a bias in this case for the City.  This raised concerns in my mind about the credibility of any auditing services provided by Mr. Jackson’s company if Mr. Jackson can freely sign a statement refusing to address and stop widespread apparent criminal actions on the part of City Officials which was his duty as a grand jury foreman.

I think that we in Pensacola deserve better than this from our State Attorney’s Office and from our grand juries.

 
 

 

Friday, August 29, 2014

THE PENSACOLA CITY COUNCIL’S APPARENT ILLEGAL APPOINTMENTS OF ADVISORY BOARD MEMBERS


It appears that the Pensacola City Council routinely violated Florida State Statute 112.313 regarding the appointment of individuals who had a conflict-of-interest to Pensacola advisory boards.  Almost all cases were where the appointee was the recipient of (or employees of recipients of) city contracts.

Florida Statutes clearly stated in 112.313(1) that any person serving on an advisory body (such as the Planning Board, ARB Board, etc.) is defined as a “public officer.”  

Paragraph 112.313(7)(a) states what constitutes the conflicting employment or contractual relationship of a public officer. 

112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.—
(1) DEFINITION.—As used in this section, unless the context otherwise requires, the term “public officer” includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body.
(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.— (a)  No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, …

The Pensacola City Council members nominated and approved appointments to these boards.  Most of the nominations the City Council members made were in violation of the Florida State Statute regarding conflict of interest. 

I repeatedly reported, in writing, that these conflict-of-interest appointments were in violation of Florida State Statutes to City Officials, the Mayor, the Pensacola City Council members, the State Attorney, FDLE, the State Attorney General, the Governor, etc.  All of those I contacted about this matter refused to stop the apparent illegal appointments.

The City Council members nominated individuals, across all Boards, who were developers (real estate and/or architect) and others who had contracts (doing business with) the City which constituted a conflict of interest and appeared to lend credibility to the complaint by many citizens that Pensacola was being led or driven by developers, a special interest group. 

These Boards did not appear to include average citizens and did not meet at a time convenient for average citizens to attend but the CEO of Bullock Tice and other companies doing business with the City could and it appeared to be to their advantage to do so.  The City Council refused to set the meeting time of these Boards at a time where the average public could attend even though many speakers at Council Meetings had asked the Pensacola City Council for a more convenient meeting time.

Each appointee to these boards swore to and signed an “Oath of Office” witnessed and signed by the Pensacola City Clerk which stated:

“I,        Name          , do solemnly swear or affirm that I will support and defend the constitution of the Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; that I am entitled to hold office under the constitution, that I am eligible to hold the office of           Name of Board              and that I will faithfully  execute the duties of said office on which I am about to enter, according to the best of my knowledge and ability.  So help me God.

                                                                  Signature of individual     

Sworn and subscribed before
me this ____ day of _______

 
Signature
City Clerk”   

Yet, based on Florida law, even though the individuals swore that they were eligible to hold this office, most of the appointees were not eligible to hold the office the City Council members had (apparently illegally) appointed them to based on the Florida Statute defining conflict of interest which is a serious offense and is prohibited.  These individuals falsely stated they were eligible to hold this office on their application when they were not eligible to hold this office.

One resulting consequence of the City Council members’ apparent bias favoring developers who did business with the City should have been that if too many Board members did not meet the required criteria and were not authorized to sit on the board, no quorum could be reached and this fact should have negated decisions made by the Boards as the composition of the Boards was in violation of state law.  This did not happen and the decisions of the apparently illegally composed Boards were enforced by City Officials and the City Council.

The City Council appointed more than one employee from at least three companies who routinely did business with the City.

One of the clients (or employers) of Bullock Tice was the City of Pensacola yet members of this organization sat on at least two Boards of the City.  Mr. Paul Ritz, Bullock Tice Associates, was appointed to the Pensacola Planning Board and Mr. Larry Adams, also of Bullock Tice Associates, was appointed to the Pensacola Gateway Board.

Mr. John Tice, CEO of Bullock Tice Associates, regularly attended these meetings with his employees who sat on these Boards and was regularly awarded contracts with the City.  This appeared to be a conflict of interest and looked very bad for the City Council who appointed the Board Members.  This situation should have been corrected.

Another Company who did business with the City and had members of its organization on more than one Pensacola Board was Quina Gundhoefer Royal Architects.  Mr. Carter Quina was a member of the Architectural Board and Mr. Gundhoefer was chairman of the Code Enforcement Board.  Again, this was an apparent conflict of interest.

The Pensacola City Council members reappointed Mr. Quina to the ARB even though I had just reported to them, in writing, the Conflict of Interest issue and had specifically named Mr. Quina as an example.

Moulton Properties, which routinely did business with the City, had members of its organization on three Pensacola Boards:  Mr. Bob Moulton was on the Planning Board and the Architectural Review Board.  His brother, James C. Moulton, also of Moulton Properties was on the Construction Board of Appeals and Adjustments.

Many of these illegal appointees were reappointed again and again to these Advisory Boards which appeared to give the construction/development community a great deal of power and influence and appeared to dictate the disposition of our limited public resources of public property (especially waterfront) and public money.  This was in violation of the required makeup of boards who were supposed to be impartial and independent.

I have listed below what appeared to be the two most powerful and important boards: the Planning Board and the Construction Board of Adjustments and Appeals.  I have described the function of each board, the members who comprised the board and have given an example of questionable decisions made by each board.

 
THE PENSACOLA PLANNING BOARD
Official on-line description of duties: 

The Board advises the City Council concerning the preparation, adoption, and amendment of the Comprehensive Plan; reviews and recommends to Council ordinances designed to promote orderly development as set forth in the Comprehensive Plan; hears applications and submits recommendations to Council on the following land use matters: proposed zoning changes, proposed amendments to zoning ordinance, proposed subdivision plats and proposed street/alley vacations. Board initiates studies on the location, condition, and adequacy of specific facilities of the area, i.e., housing, parks, public buildings. Board schedules and conducts public meetings and hearings pertaining to land development.

Membership:  Seven members, appointed by the City Council. City residency required.
Term of office: Two years
Financial disclosure required?:  Yes
Meeting schedule: Monthly; Second Tuesday at 3:00 p.m. at City Hall

---------------

At the meeting of April 8, 2008, the Planning Board discussed and voted on the request for a conditional use at 9 DeSoto Street which involved allowing a commercial business to occupy and use, without being converted, a building listed as and previously used as a residence which was located in the North Hill Historic Preservation District.  Part of the land was in a residential zone and part was in a commercial zone.  The parking appeared to be inadequate.  Since the property was situated on a narrow two lane road, overflow parking on the street in a residential area would probably cause harm to youngsters living in the residential area and to traffic on the street.   

Printed below is a list of the members of the Planning Board during the April 8, 2008, time frame.

  
                                     THE PENSACOLA PLANNING BOARD
                                                                  2008
Appointment                                       
Type/Date
A = Appointment            Appointed
R = Reappointment               by                          Name              Employment/Background

A 2000                      Councilman Panyko     Clay Roesch        Real Estate – Grover
R 2001                      Councilman Eubanks                                Robinson and Associates
R 2003                      Councilman Smith                                    Does business with the                 
R 2005                      Councilman DeSorbo                               City
R 2007                      City Council

A 2005                                                            Paul Ritz             Architect – Bullock Tice
R 2007                                                                                        Associates BTA – Does
                                                                                                    extensive business with
                                                                                                    the City

A 2007                      Councilman Nobles      Victoria Dias       Bank of Pensacola
                                                                                                    Does business with the
                                                                                                    City  

 A 2007                      Councilman DeSorbo   John Briscione    Owner, Fleet Services &
                                                                                                     Equipment Co. Inc.

A 2006                      Councilman DeSorbo   Greg Threadgill   President, T-Gill Fuels
                                                                                                    Does business with the
                                                                                                    City

 A 2007                      Councilman Wu           Bob Moulton       Moulton Properties, Real  
                                                                                                    Estate – Does business
                                                                                                    with the City

A 2008                      Tom Bonfield               Scott Sallis          Architect – Does
                                  City Manager               (non-voting)        business with the City

Since 6 of the 7 members of the Pensacola Planning Board had lucrative contracts with the City, this meant that 84% of the Board Members were DeFacto employees of the City.  To avoid violating the Florida State Statute, referenced above, concerning conflict-of-interest, none of the Board Members should have been individuals who had contracts with the City.  Of the 7 members of the Pensacola Planning Board, 1 was from the Bank of Pensacola, 2 were architects, two were realtors from large real estate firms, and two were owners of businesses.  The rules required that one should be an architect and no other occupation was specified.  There were no members of this board who appeared to represent average citizens such as my husband and myself. 

Impartial and independent – I don’t think so.    
 
During the Planning Board meeting, on April 8, 2008, the Planning Board members discussed the request for conditional use at 9 W. DeSoto Street and approved the request. 

Even though the Bank of Pensacola did business with the City, Councilman Nobles (affiliated with the Bank of Pensacola) had previously nominated Victoria Dias (an employee of the Bank of Pensacola) to the Planning Board in violation of the Florida law regarding conflict of interest.  During the Planning Board meeting of April 8, 2008, Ms. Dias voted for approval of the Conditional Use for the property located at 9 DeSoto Street (owned by the Bank of Pensacola – her employer) and did not abstain from voting.  This appeared to be conflict of interest compounded but no member of the Planning Board or any member of the City Council objected to Ms. Dias’ obvious conflict of interest in her participation in this matter. 

The City Staff, the Architectural Review Board and the Planning Board violated Pensacola City Ordinances in approving the site plan.  “City Staff and utility providers have reviewed and recommend approval of the request.  On March 20, 2008, another board, the Architectural Review Board reviewed and approved the site plan and building renovations.”

The request for conditional use was then sent to the Pensacola City Council for final approval at their regular City Council meeting on May 8, 2008.  At this meeting, Mr. Cohen’s department, the Pensacola Neighborhood Development Department, argued in a quasi-judicial hearing for the property, owned by the Bank of Pensacola, to receive approval for the conditional use to have a business office building at 9 W. DeSoto Street in the historic district. 

The building is on a narrow road, not a major artery, there is inadequate parking, and the setback is only 5 feet when 10 feet is required.   

There was a citizen’s petition, mostly from the members of the North Hill Historic Preservation, stating our opposition to the City Officials and the aforementioned boards breaking the City Ordinances in recommending approval for the Conditional Use.   This petition was mostly ignored.

Ms. Morris, representing the Community Development Department, made many false statements at the City Council meeting.  She stated that the City Ordinance determination of parking spots was made on square footage less storage space which would require 9 parking spots.  Parking spaces #1-5 are at the back of the property, #5 is the handicap space at the back of the property,, #6-7 are on the side of the building squeezed in beside a very small entrance lane to the parking in the back, and #8 and a large bike rack (#9) are in the front yard. 

The Pensacola Planning Department and the Pensacola Engineering Department helped with the proposed parking arrangement by actually drawing the plans wherein at least one vehicle and a large bike rack (designed for several bikes) would be placed in the very small front yard in the North Hill Historic District.

The convenient subtraction of storage space from the square footage, made by Ms. Morris, resulted in just enough parking spaces for the interested party to avoid costly requirements such as paving and lighting. 

Ms. Morris disobeyed the City Ordinance, quoted below, when she subtracted storage space because the City Ordinance specified that the determination of parking spots was to be made on gross square footage which would require at least 13 parking spots which this property could not accommodate and which would require paving and lighting.

Sec. 12-3-1. Off-street parking spaces requirements.
Off-street parking is required in all zoning districts, except as provided below. The following off-street parking is required by this chapter.
(A)   General provisions.   
(1)   Area calculations based on gross square footage.

Ms. Morris falsely stated that the applicant complied with the setback of 5 feet but City Ordinances required a setback of 10 feet.  She then indicated that the City Council could waive the required setback of 10 feet. 

Councilman Donovan stressed several times that the number of acceptable parking spaces was made by Ms. Morris incorrectly interpreting the City Ordinance and that the plan City Officials and the Boards had approved did not contain enough parking spaces to meet the requirements of the City Ordinance.  The City Council voted to deny this request even though the Community Development Department, the Architectural Review Board and the Planning Board had recommended and argued for approval. 

Another case where City Officials and staff used false statements, regarding parking, to illegally grant a conditional use approval (this time for a Series 2 COP alcoholic beverage license) was ProBoKnows Restaurant located at 400 West Gregory Street. 

The square footage required at least 16 parking spaces.  There were only 7 parking spaces, one extended over the sidewalk, yet City Officials allowed them to open.

I sent emails on February 23, 2009, to the Pensacola Mayor (Mayor Wiggins) and each Pensacola City Council Member (after the swearing in of the new Pensacola City Council Members the month before), discussing the on-going practice of City Council members appointing members to the boards who had a conflict of interest and also discussed the above two cases. 

The City Council refused to stop this practice which violated Florida State Statutes and, in fact, as I stated above, they voted unanimously to reappoint Mr. Carter Quina to the Architectural Review Board when he was one of the individuals I had specifically pointed out who had a conflict of interest.

 
Construction Board of Adjustment and Appeals
Official on-line entry: 

The Construction Board of Adjustment and Appeals reviews and grants or denies applications for variances and waivers of all technical codes, including the building code, the plumbing code, the gas code, the mechanical code, the electrical code, the minimum housing code, the unsafe building abatement code and the swimming pool code but not the life safety and fire prevention codes. Serves as the regulation and discipline board for holders of City plumbing and gas certificates of competency. Reviews the appeals of the interpretation of the Building Official in regards to technical codes.

Membership:  Seven members and two alternates, appointed by the City Council. The board shall be comprised as follows: one (1) registered architect, one (1) registered professional engineer, one (1) general or building contractor, one (1) electrical contractor, one (1) plumbing and gas contractor, one (1) mechanical contractor and one (1) member at large from the public. Alternates shall be one (1) member at large from the construction industry and one (1) member at large from the public. Board members are not required to be City residents.

Term of office: Three years (alternates serve two-year terms)
Financial disclosure required?:  No
Meeting schedule: As needed on first Wednesday of every month at 2 p.m. at City Hall and upon call of the Chairman

-----------------------

The members of the Construction Board of Adjustments and Appeals routinely violated Florida Statutes, Standard Building Codes and City Ordinances which control construction which I initially discovered at the hearing regarding the illegal Certificate of Occupancy requirement, in 1999, i.e. the Board Members ignored all exceptions written into these regulations which specifically excluded historic properties because they didn’t want to exclude them – no matter what the law dictated.  During the hearing, Members of the Construction Board admitted to breaking the pertinent Certificate of Occupancy law themselves and denied my request that the Building Inspection Department obey the pertinent regulations covering the Certificate of Occupancy requirements. 

In 1999, the members of the Pensacola Construction Board of Adjustment and Appeals had voted against and denied my appeal of the illegal policies of the Pensacola Building Inspection Department even though the Florida Building Commission had determined that I was right.  Through extensive research, I discovered that the majority of the members of this Board frequently had contracts with the City, which was considered a conflict of interest under Florida Law.  Additionally, the construction industry benefited greatly from these illegal practices and all members voted to continue the local illegal policies which violated construction law and which caused great harm to Pensacola property owners, especially the owners of historic properties such as we were.

It appeared that the City Officials and members of the Construction Board had joined forces in order to institute and continue the illegal requirement for a “new” Certificate of Occupancy each time a tenant or occupant changed.  Since the Construction Board consisted of individuals in construction, they benefited from this illegal requirement which they used to require unnecessary construction.  These unnecessary construction requirements were also in violation of the Federal, State and City regulations concerning property and especially the restoration of documented historic properties listed on the National Registry of Historic Places which ours was.  The Certificate of Occupancy for our building, which was on file when we bought the property, was finally acknowledged to meet all of the legal requirements and is still the one on file for our property. 
 
         THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
                                                               1999

Appointment                                      
Type/Date
A = Appointment                                                                                Employment/
R= Reappointment     Appointed by                Name                        Background

A 1994                      Mayor John Fogg         Kenneth Woolf,           Kenneth H. Woolf,
R 1996                                                           Architect                      Architect, P.A.
R 1999 

A 1994                     Mayor John Fogg         Donald Jehle,                Jehle-Halstead Inc.  
R 1997                                                           Engineer                       Does business with
                                                                                                            the City

 
A 1996                     Councilman Anderson  James Boyd,                Boyd Plumbing                                                                                                              Does business with
                                                                                                            the City  

A 1994                     Mayor John Fogg         Fred O. Fell                 F&M Electric Inc.
R 1996                                                           Electrical  
R 1999                                                           Contractor

A 1994                     Mayor John Fogg         Stephen Ritz                Tower East Group
R 1997                                                           Mechanical                  has a lease with the
                                                                      Contractor                    City
                                          

A 1994                     Mayor John Fogg         Kimberlee Anderson   President, Gulfside    
R 1995                                                           At large from Public   Mechanical Inc.  
                                                                                                           Does business with
                                                                                                           the city

A 1994                     Councilman Eubanks   James C. Moulton        Moulton Properties
R 1995                                                           General or Building    Does business with
                                                                       Contractor                   the City

Alternates
A 1994                    Mayor John Fogg           Don Jackson – At       Construction
R 1996                                                            large Construction
                                                                       Industry

A 1994                    Mayor John Fogg           Dewey A. Miller –     D. A. Miller, Inc.
R 1996                                                            At large from Public  Air Conditioning

I researched the composition of the Board and discovered that 5 of the 7 members of the Board (71%) did business with the City or, in other words, were de facto employees of the City and, apparently, not independent or impartial. 

The two individuals who were supposed to be representatives of the non-construction public were not representatives of the non-construction public but were in the construction industry.  One representative for the public was Mr. Dewey A. Miller, who owned D. A. Miller, Inc., an Air Conditioning Company.  The other representative for the public was Ms. Kimberlee Anderson, the President of Gulfside Mechanical Inc., who did business with the City.

It appeared that the goal of the appointments was to load the Construction Board with construction professionals, most of whom worked with or for the City, instead of staffing the Board with members who were independent and impartial and who would make decisions based solely on regulations controlling construction.   

BRIEF COMMENTS ON OTHER BOARDS

Architectural Review Board
Official on-line entry: 

The Architectural Review Board approves or disapproves plans for buildings to be erected, renovated, or razed which are located, or to be located within the historic districts, preservation districts and the Governmental Center District.

It is assumed that the Architectural Review Board (ARB) members are concerned about preserving historic properties.  I wrote to them and reported the City Officials’ illegal actions which had caused great harm to our historic building and other historic buildings.  None of the members answered. 

To see examples of how intertwined some Board members are with City contracts, City sweetheart deals and appointments to City Advisory Boards, go to ci.pensacola.fl.us, select Government, select City Clerk Records, select keyword search for documents, click council files on Select Document Type page, On enter your search criteria, leave the dates blank and enter Quina (or any other member indicated above) as the keyword and press find.  The result of my search was page after page where Mr. Quina had contracts with the City and, during the same period, was appointed to the Architectural Review Board again and again. 

In addition, there was an instance where Mr. Quina, in order to pursue a job where he was the architect, had the Land Development Code, a City Ordinance, changed to allow an animal hospital in an old established neighborhood over the objections of neighbors (to include a formal petition signed by 21 individuals and submitted to the Pensacola City Council).   Part of this job also included permission from the City to use the City right of way on two streets bordering the property to meet the required parking demands.

In my opinion, since City Council Members are required to comply with State Laws, all Boards should be purged of members who are in violation of the  conflict of interest laws in Florida.