As some of you may know, the always-lurking Jim Reeves is a nominee to fill Judge Lacey Collier’s recently-vacated seat on the Community Maritime Park Associates (CMPA) Board of Trustees. That’s right, the same Jim Reeves that completely botched the Hawkshaw Eastside and Avalex deals and promised “affordable” housing in the Aragon project wants to help manage our waterfront park development.

No thanks!

Mr. Reeves, the former state legislator, City Council member, and founder of the infamous Irish Politician’s Club, has little to offer the project aside from a propensity for backroom deals and a host of developer buddies to whom he could steer subcontracts.

Quite frankly, Mr. Reeves and his backwards, good old boy attitude have no place in the Pensacola we and others are working hard to create. It’s bad enough that he spends his time hosting lunches in the IPC meeting room and trying desperately to manipulate our elected officials. We don’t need him making any decisions himself.

The seat will be filled by a vote of the CMPA itself, contingent on approval by the City Council. With Council’s action this week, future appointments to the CMPA will be made by the Council directly.

Progressive Pensacola has spoken to at least one City Council member who plans to oppose the CMPA’s appointee if it is Mr. Reeves; but it shouldn’t even get that far. Let the other members of the CMPA know how you feel.

Email your comments to CMP Administrator Ed Spears at ESpears@ci.pensacola.fl.us. He’ll pass them on to the CMPA board members.

The bill’s companion in the Senate, SB 1598, is sponsored by State Sen. Paula Dockery (R-Lakeland), and earlier this week was unanimously approved out of the Senate Community Affairs Committee.

Overview

What does the bill do?

• Designates Chapter 119 of Florida Statutes as the “Open Government Act”
• Moves the state’s open meetings law from s. 286.011 F.S. to newly created s. 119.13 within the already established chapter dealing with public records
• Creates an “Open Government Bill of Rights,” which, for the most part, simply reaffirms and restates rights already granted in the statute
• Bars agencies from assessing charges for staff costs when it takes a staff member 30 minutes or less to fulfill a records request.
• Would discontinue agencies’ ability to charge fees for redacting personal information (social security numbers and the like). Agencies would still be required to do so, but could not collect fees.

The good

The consolidation of the two related statutes into a single chapter makes sense. While it could result in initial confusion to those referring to s. 286.011 from court documents or open government resources, it should eventually make it easier for citizens to keep track of Florida’s open government provisions.

As we’ve said, the rights enumerated in the “Open Government Bill of Rights” already exist in the statute, but it may be useful for citizens unfamiliar with the statute to clearly and concisely state them at the beginning of the chapter. HB 1211/SB 1598 would also require governments and agencies to post the Open Government Bill of Rights on their websites and at their headquarters.

The bill’s best potential change is the clear statement that agencies cannot charge a citizen for staff costs if a request takes a staff member 30 minutes or less to fulfill. It also establishes that staff costs should be based on the salary of the lowest-paid employee capable of fulfilling the request. Compare that to the language currently in place:

If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both.

Finally, the bill would clarify penalties for public officials who violate the statute:

The bad

An area of huge concern is the bill’s inclusion of a “right to attend” public meetings. The language would appear to codify the recent assertion of the CMPA, that citizens have the right to attend and observe public meetings, but have no right to speak. That assertion contradicts the spirit of the statute, not to mention tons of case law and Attorney General opinions. We think that speaking to our assembled government officials is a basic right that must be included.

The bill would end agencies’ ability to charge extra fees when they are required to redact personal information from public records. They’ll still have to redact the information, but they’ll have to eat the cost. That’s good for citizens, but it’s not good for governments. Faced with an additional expense, that money will have to come from somewhere. The Florida League of Cities has expressed concern over the provision:

“The redacting issue alone is a huge problem,” said Rebecca O’Hara, assistant general counsel for the Florida League of Cities. “Cities can’t recover the costs of doing this. Then the question becomes, who is paying for it and the answer is the taxpayers are paying for this.”

The Sunshine Law has always been broadly construed in the public interest by Florida’s courts. Plaintiffs Keesler and Boyd have argued that the Sunshine statute, bolstered by case law, guaranteed citizens the right to be more than mere spectators; that citizens have the right to be heard. Unfortunately, the 1st DCA disagrees:

Appellants seek review of a final order granting summary judgment in favor of Appellee, Community Maritime Park Associates, Inc. (CMPA). In granting summary judgment, the trial court found that section 286.011(1), Florida Statutes (the Sunshine Law), gives Appellants the right to be present but not to speak at CMPA meetings. We agree and affirm.

The court declined to make a decision on the construction of the phrase “open to the public.” We would argue that meetings aren’t really “open to the public” if members of the public don’t have a right to speak. By that logic, a City Council or County Commission or other board could simply hoard citizens into a room with a TV screen broadcasting the meeting. This ruling completely overlooks the point of the statute.

The 1st DCA decision is below:

Download 09-1659.pdf (PDF, 18.49KB)

In 1994, at the behest of the City Manager and Finance Director, the City Council established a policy of maintaining a general fund reserve. The reserve target was initially set at 7.5% of annual general fund revenues. This target was upped to “between 10-12%” in 1998. In 1999, then-City Manager Tom Bonfield successfully petitioned Council to raise the target again to 15%, which is where it remains today.

The reason for the increases is unclear. The recommendations to increase the reserve target appear to have been the result of internal staff discussions and were approved with little debate by the City Council.

Why tap the reserves?

In a 1998 memorandum to the City Council, then-City Manager Ed Hinkle wrote, “Adequate reserves … allow for continued current service levels to citizens should unforeseen emergencies or downturns in the economy occur.”

If we’re not in a downtown in the economy, I don’t know what is.

Over the last few years, the City has decreased the number of police officers and firemen on staff. We’ve eliminated services like the PPD’s Tactical and DUI units, and its participation in programs like D.A.R.E. We’ve cut back on training. We’ve taken some of the Fire Department’s equipment out of service.

We have experienced a decline in services while we have money sitting in the bank.

Our question: If this situation worthy isn’t worthy of tapping the reserve, what is? What kind of service cuts have to be seen to justify tapping the reserve? How long should the City government hoard cash in reserve while services decline and front-line public safety employees get stiffed?

Roger Scott pool delayed til July. Jamie Page of the News Journal reports that the reopening of Roger Scott pool has been delayed to July. City Engineer Derrik Owens said at yesterday’s Council committee meetings that a pre-construction meeting will take place today, with construction expected to start next week and close within 90 (working) days. Meanwhile, the Cecil Hunter Pool at 200 East Blount Street will open April 12.

Evon Emerson resigns. Evon Emerson, president and CEO of the Pensacola Bay Area Chamber of Commerce, has resigned from that position. Ms. Emerson has said previously that she planned to retire. According to the News Journal, Ms. Emerson annually earns $174,731 (includes $163,007 base salary and $11,724 performance bonus), an additional $15,000 toward a retirement plan, plus a $3,600 car allowance.

CMPA nominees. Jamie Page lists the nominees for appointment to the Community Maritime Park Associates Board of Trustees. This will be the last appointment to that board by the board itself. The City is set to take over the board and future members are to be appointed by the City Council.

Outzen on reducing City reserves. Rick’s Blog discusses Councilwoman Maren DeWeese’s proposal that the City dip into its reserves to address the budget deficit and other issues. See also Jamie Page’s report in the News Journal and columnist Mark O’Brien’s take.

CMP dirt. Jamie Page highlights the spoil pit at the Community Maritime Park site, where dirt dredged from Baylen Slip is being dumped to dry. The dirt will later be used in the project, reducing costs.

Crime at A and Jackson streets. Rick Outzen highlights the 933 calls to the Pensacola Police Department in 2009 regarding criminal activity around A and Jackson streets.

Mr. Wu becomes the seventh member of the City Council to declare his or her intentions. Mayor Mike Wiggins and Councilwoman Diane Mack are candidates for Mayor; Council members Megan Pratt, Larry Johnson, and Ron Townsend have  filed for reelection to their offices; and Councilman Sam Hall has filed to run for an at-large Council seat rather than the District 2 seat he currently occupies.

Mr. Townsend becomes the sixth member of the City Council to declare his or her intentions: Mayor Mike Wiggins and Councilwoman Diane Mack are candidates for Mayor; Council members Megan Pratt and Larry Johnson have  filed for reelection to their offices; and Councilman Sam Hall has filed to run for an at-large Council seat rather than the District 2 seat he currently occupies.

Staff originally wished to schedule public hearings to discuss the concept of such a moratorium two weeks ago, but Council delayed that at the behest of Mayor Mike Wiggins, who argued that property owners who could be affected deserved a special meeting to discuss the idea. For whatever reason, that meeting never happened, and today Mayor Wiggins largely echoed his comments from two weeks ago, arguing that business owners still need the courtesy of a special meeting.

Rick’s Blog reported earlier today that the proposed moratorium could be related to the reuse of ECUA’s Main Street Wastewater Treatment Plant:

What I’m hearing is that this has to do with ECUA’s possible uses for the Main Street Treatment plant site once the old plant is demolished. Some believe ECUA might put a large waste transfer station on the property. The rumor is ECUA has been pushing to get the city’s garbage contract and has threatened to put the waste station there if they don’t get the sanitation business.

Staff is seeking the moratorium to help implement the new CRA Plan, which is designed to spur development in the downtown area. The moratorium would not affect the current uses of any businesses or property owners, but rather place a temporary moratorium on new permits for industrial uses within the CRA district, which covers the area south of Cervantes Street between A Street and 17th Avenue.

Murzin on consolidation. This weekend NorthEscambia.com published a viewpoint from State Rep. Dave Murzin on the recent consolidation effort. Rep. Murzin implies that the consolidation scheme was an effort to shift the City’s tax burden and pension obligations to the full population of Escambia County, and says, “It is time to fess up and be honest about what is trying to be accomplished.”

Police picketing Council member offices. The Pensacola News Journal reports on recent demonstrations by members of the Fraternal Order of Police Lodge 71, the union representing all sworn Pensacola Police officers. The union, which is fighting for raises for PPD officers, has picketed outside of the private workplaces of at least two City Council members, Diane Mack and Megan Pratt.

Bare launches mayoral campaign. Rick’s Blog has a press release from Charles Bare, who filed to run for Mayor of Pensacola last week. Mr. Bare, a small business owner, has challenged other candidates to sign a “Transparency in Government” pledge, which promotes several open government measures. Mr. Bare’s campaign site has now launched at http://advancepensacola.com.

To date, the City Council has only appointed one-third of the twelve-member board, which oversees the Community Maritime Park development. According to City staff, the designation of the CMPA as an instrumentality of the City and the City’s assumption of the power to appoint all CMPA members are necessary for the CMPA to lawfully receive proceeds from bond sales and tax credits.

Despite the fact that the CMPA manages a development on City-owned property, funded by City (CRA) revenue, it has often acted independently. The City only appointed a minority of the CMPA members, and there is no requirement that the CMPA members — not even the City’s appointees — be City residents.

The staff memorandum and proposed Council resolution are below:

Download CMPAmemo.pdf (PDF, 197.85KB)

Councilwoman DeWeese, who received our Councilperson of the Year award in January, continues to impress. The Pensacola’s Promise committee is continuing to research the best ways to create a place-based scholarship program in the City of Pensacola. Her periodic beautification days continue to improve Scenic Highway’s appearance. She’s asking tough questions that previous City Council members haven’t, and challenging all to work for a higher standard.

We wish her a very happy birthday!

With their first-rate coverage of the Steen case, Rick Outzen and company again prove that they blow away the daily newspaper when it comes to the issues which truly matter in the community. Time and again, the IN has devoted its pages to in-depth coverage of issues which the News Journal has ignored or given only a passing glance.

Sean Boone’s cover story in this week’s Independent News is yet another example of that excellent coverage. He brings the stiff and formal coroner’s inquest process to a human level. The State Attorney’s office feels the inquest process, rather than the use of a grand jury, is best — but it’s not what’s best for the family:

My initial response was “I want to cooperate any way I can,” [Cassandra Steen] said. “But once I went online and researched it, I saw that it was so one-sided. My son was already victimized and now you’re victimizing my family. [Eddins'] response was that he was doing what was in the best interest of the family and my response was ‘how could you know what my best interest is when you don’t even know me?’ You never picked up the phone to talk with me. My son is just a file on your desk but to me, he’s my son … he’s my baby.”

Publisher Rick Outzen is also on point in his “Outtakes” column:

We want to blame Victor and his mom because we don’t want to admit the same thing could happen to our children … that is if we lived in Brownsville, if our teens didn’t have cars or friends with cars, if our children felt they needed a gun to protect themselves, or if they lived in a world that crushed their dreams long ago.

I can’t blame the victim or his mother. I feel like I am the one who has failed. Victor Steen’s death is only the tip of a much larger iceberg. Poverty, a failing education system and a government that glosses over the needs of a large segment of its community are at the root of the problem. Our City and County can spend over $80 million a year on law enforcement and jails but not see the value in investing more in the neighborhoods and in children with the hope of needing fewer jail cells in the future.

The death of Victor Steen is representative of the larger issues faced by minorities and lower-income residents of Pensacola. With no leadership from their elected officials, where do they turn for help? Where do Council members Jerralds, Townsend, and Cannada-Wynn stand on the Steen case? Are they doing anything to address these issues — or are they too busy worrying about a tourism video?