86th Coffee with the Commissioner this Wednesday Morning: Talking Master Plans, OLF-8, and Beulah

Please join us for our 86th Coffee with the Commissioner event-This month's Coffee will feature County Administrator Wes Moreno and Public Safety Director Eric Gilmore. Moreno will provide an update on county business and Gilmore will discuss public safety matters. Horace Jones, Development Services Director, and Andrew Holmer, Development Services Deputy Director, will join as this month's special guests along with Marina Khoury from DPZ Co Design -- who has agreed to join the event from Paris, France, for a discussion on the Beulah Master Plan, OLF 8's Master Plan, and challenges with implementing a Master Plan that is both publicly acceptable and financially viable in this market. Residents are encouraged to send virtual questions and comments they would like to discuss during the event through Facebook or in advance of the coffee to District1@myescambia.com.

 

Inside the DPZ Text Messages and Emails: Part VI "Navy Fed Got Burnt"

 

Why does DPZ feel "Navy Fed got 'burnt' on this deal?"

As I wake up today coming off of what I felt was a good meeting yesterday (beginning at 20:08 of this video), where the commissioners were working together and arrived at a compromise for the development of OLF-8--I can't help but wonder about the text message, above, from Mike Weich of DPZ Co Design to Marina Khoury, also of DPZ Co Design.  In it, Weich states that  he "Just feel(s) bad for Navy Fed...they were 'burnt' on this deal."

This text message comes as a result of a public records request that DPZ fulfilled late last week.  The context of the above quote is:   this was a commentary between these two on a series of unflattering articles, blog posts, news pieces and television stories that came out last month illustrating the fact that there were several "behind the scenes" meetings between Navy Federal Credit Union, a coalition of NFCU employees and some residents, and the county's consultant, DPZ.  In these meetings, county staffers were specifically excluded and the goal of "embarrassing" and undermining the BCC's goals were discussed and DPZ staff was copied on these plans.

Then it was also revealed in these articles that the chief media spokesman for NFCU, Bill Pearson, was simultaneously working with the "NO Commerce Park on OLF 8" campaign against the BCC.  He (Pearson) even helped edit their talking points.  And Marina Khoury was aware of this, as members of the DPZ team were copied on these conversations.  Sadly, at the time these machinations were occurring, nobody at the BCC (DPZ's Client) was notified in real time.  Many believe this was a breach of DPZ's ethical obligation to the BCC, DPZ's sole client here on this OLF-8 project.  This all was discovered after the fact--- which was embarrassing for both NFCU and DPZ.

So perhaps Weich feels NFCU got "burnt" because of the poor way in which DPZ handled these actions--leading to the conduct at issue being discovered through a local journalist's public records request?  If that's why he feels they got "burnt"- he should look in the mirror for the culprit.

But maybe Weich feels NFCU got "burnt" because they didn't successfully kill all the jobs and commerce to be developed on OLF-8?  (This could be valid--as prior to the embarrassing public records emails detailing the NFCU behind the scenes involvement with DPZ in this---what was

Inside DPZ Co-Design's Emails and Text Messages: Part V--Does DPZ STILL Think "Everyone" is Their Client?!?

DPZ Co Design team members apparently still believe "everyone" is their client, and not the BCC.  Hopefully their lawyer can explain to them that this is a flawed, inaccurate assessment.

How can a firm working for the county to implement county goals and objectives feel that "everyone" is their client?  If everyone is someone's client--why do we have a contract with DPZ?  Why does DPZ send invoices to the county? It's ridiculous, preposterous, and inaccurate for them to say this.

It's because "everyone" is NOT DPZ's Client, the County, the Board of County Commissioners is DPZ's sole client on the OLF-8 Master Planning project.  And one would assume these folks would know this, but apparently DPZ team members Mike Weich and Marina Khoury continue to cling to the flawed notion that everyone is their client--based upon new text messages provided late last week.  It really is astonishing.

Late last month, I asked our attorney for her opinion--- which she quickly provided.  

“Pursuant to your ask, it is my opinion that privity of contract exists solely between the BCC and DPZ.  The BCC is a legal entity and even though the BCC is a board elected by the public, the BCC is the actual client and not the public.  I certainly understand that sounds counterintuitive, but hopefully the board is supporting the wants of its constituency.”

It is odd that this even has to be discussed and defined for Khoury and Weich, but nevertheless it apparently must be reinforced again.  Over and over.

I can only assume this notion of "everyone" is the client is a defense mechanism they are utilizing to rationalize their actions when they were notified of movements to undermine and embarrass their sole client here, the BCC--and DPZ did NOT notify their client in real time as .  I mean, if everyone and every citizen is your "client" yeah, you don't need to notify anyone of anything I guess.

Real life doesn't work this way though, and that argument is feckless and ridiculous....

Inside the DPZ Co-Design Emails and Text Messages: Part IV --What was Inflammatory?

 

DPZ-Co Design "team" members doing damage assessment via text messages following the release of their public record emails which were less than flattering....

As I go through pages and pages of text messages and emails from DPZ Co-Design, the text messages are very interesting and revealing.  This one, above, is from a string between Travis Peterson, Peter Bazeli, and Marina Khoury.  They were talking about the first dump of emails that had been leaked into the press after a records request by a local journalist.  And in this exchange, Travis apparently feels he has "let the team down" by some of what was revealed being less than flattering.  Which it was, by the way.

Interesting that Peter Bazeli comes in to comfort Travis, along with Marina, by saying "the most inflammatory thing in there was when Lissa [sic] told you (a) Quint called her to remind her- which is a non-event but feeds into the notion that Quint is a hub of influence, and (b) when Lissa [sic] said you'd have to bring her reporter up to speed"

And yes, those were inflammatory examples from the first batch of emails-- not the most inflammatory in my opinion, but yes, not flattering.  

But there are some more that are even more inflammatory from this latest batch of text messages and emails I received late last week--which I'm still going through and which I will share here.  More to come, stay tuned....

Inside the DPZ Co-Design Emails and Text Messages, Part III: Secret Weapon?

Yet another recent, disappointing example of the BCC's consultant, DPZ Co-Design, working behind the scenes against their client the County....

Late last year and early this year, my neighborhood HOA president began, through our HOA, emailing residents in my subdivision "information" about OLF-8.  And a lot of it was misinformation/disinformation from some small groups (Not DPZ) that don't want commerce on OLF-8.  I didn't think much of it at the time, but I did respond to it.  I even did a series of posts about it--because I felt it was really outlandish and the information was propaganda! (plus, this was before the embarrassing DPZ email issues were made public by Rick Outzen and the other media outlets, illustrating NFCU's involvement-so I still thought, naively, that DPZ was working with us, not against us.)

Fast forward a few months and now the pieces are coming together.

Now that I am receiving DPZ Co-Design's recent batch of emails-- I realize why me and my neighborhood  were being targeted.  According to the emails in the latest batch, an employee of DPZ's subcontractor Impact Campaigns indicated she had an "uncle" that lives in my neighborhood.  In emails only circulated within the DPZ team (County project managers excluded), this was described as Brooke's "secret weapon."  In August the DPZ team was conducting extensive outreach to many of the neighborhoods.  No harm in that, right?  

But in the winter, some groups with which DPZ had been communicating (NFCU/Beulah Coalition, No Commerce Park on OLF-8) began openly advocating, via email, against any commerce at all on the field--in direct contravention to what their client, the BCC, had identified as one of the client's top goals with this property.  Not only that, these emails were full of inaccuracies and outright lies!

My response to my neighbors, via email, apparently made its way back to DPZ through one of these "other" entities, at which point the DPZ team apparently relished, and shared, the strife they felt they had created between my neighbors and myself, as the sitting county commissioner that represents that neighborhood. (Again, county staffers apparently were left out of this operation and not copied on this string). But boy oh boy--Travis Peterson of Impact Campaigns sure seemed pleased to create and stir up this discontent, stating: 

"From Belle [sic] Ridge Forest neighborhood association.  Brooke's uncle lives there.  Bergosh is feeling the heat, and I think this is exactly how we want to be positioned right now-- as the honest

Who is it That You Think is Your Client?

In the effort to Master Plan OLF-8, The Escambia Board of County Commissioners is DPZ's sole client.  Disturbingly--there does not appear to be an understanding of this on the part of DPZ's "team leader."

Who is your client?    This seems like a very basic, fundamental question that is easily answered.

But there now appears to be some disagreement between the Board of County Commissioners and our design consultant DPZ Co-design--on who it is that is the client of DPZ in the local effort to create a master plan for OLF-8 in Beulah.

In the recent public BCC meetings last week, I have asked this point blank.  And I was told at these meetings by DPZ that the County is the client.  This is absolutely the case, 100%.  Look no further than our current contract with DPZ-where the Board is the sole client.  The contract is between DPZ Co-Design and the Escambia Board of County Commissioners---and no one else.

But in a recent email from DPZ Co-Design team leader Marina Khoury to me, she indicates, incorrectly, that "all citizens" and "all stakeholders" are also her "clients."  What??  What kind of nonsense is that?

So I asked our attorney for her opinion--- which she quickly provided.  

“Pursuant to your ask, it is my opinion that privity of contract exists solely between the BCC and DPZ.  The BCC is a legal entity and even though the BCC is a board elected by the public, the BCC is the actual client and not the public.  I certainly understand that sounds counterintuitive, but hopefully the board is supporting the wants of its constituency.”

It is odd that this even has to be discussed and defined for Khoury, but nevertheless it must be.  

This is due to some disturbing threats to "embarrass" the commissioners and also  insinuations and accusations of malfeasance leveled against the BCC by partisan stakeholders (NOT DPZ's client) simultaneously copied to members of the DPZ "team" late last year and early this year the contents of which were NOT shared with the board (DPZ's client) in real time.  (These emails only came to light upon local journalist Rick Outzen receiving and publishing them as a part of a public records request he made of DPZ.  These revelations have now morphed into more than a dozen print, TV, and online media pieces that have portrayed DPZ and Navy Federal Credit Union in a negative light while simultaneously casting doubt on the impartiality of the initial plans put forth to the BCC by DPZ)  

Some see this lack of immediate notification by DPZ to the client, BCC, of these serious allegations and plans/schemes against the board as a serious breach of trust.

DPZ team leader Marina Khoury, however, sees things differently.  

She apparently dismisses such concern in an email to me late Sunday evening when she doubles down on the faulty assertion that she did not need to notify the BCC of these emails on which she was copied.  Khoury stated at the meeting that "she stands by each and every email that has been turned over!"  And in her email to me she actually quadruples down in answering my question about why she

Regulations and Rules for Registered Architects in the State of Florida

Some nebulous professions in Florida like community liaison, media specialist, campaign operative, campaign coordinator or communications specialist may not have firm fixed rules, regulations, and codes of conduct.  Not so for Registered Architects in the State of Florida...

As everyone in Pensacola who is not living under a rock knows by now--there has been some very, very concerning and troubling issues surrounding the Board's project to Master Plan our OLF-8 property in District 1.

As emails have surfaced and many have now been examined, one of the things that most concerns me is the lack of notice by our consulting team, led by Registered Architect Marina Khoury, about schemes and plans to undermine the Board of County Commissioners' project at the OLF-8 field that appear to have been developing on a separate track concurrently with the public Charette Process.

Team Leader Khoury was copied on emails where the client (Escambia County) was being targeted by third party individuals for "Public Embarrassment" and also where insinuations were being made that the Escambia County Commissioners (DPZ's Client here) were acting with "malfeasance."  Yet no notice to any County staff was made.  These emails sent to our consultant via email copy to her created what even the most casual observer would instantly realize was potentially a serious conflict of interest! At a minimum such emails sent to the "team-leader" of our consultant group would have necessitated IMMEDIATE consultation with the client.  Didn't happen.

I have asked our County Attorney if our contract has been breached due to some of these sorts of machinations I'm now seeing within these released public record emails.  

And County Attorney Alison Rogers has now provided me her response and also additional documentation concerning the professional duties, responsibilities, Canons, and obligations of a Registered Architect under the AIA (of particular note, the canons under III)and also under Florida Administrative code.

As I peruse the information related to Architects under the FAC--I see areas of this code that may have

Today’s Meeting on OLF-8 With DPZ: Some Positives---yet the Concerns Still Linger

 

This email, above,  that threatens to undermine the BCC's project and "embarrass" commissioners was copied to DPZ team leader Marina Khoury early in January......but DPZ's client was NOT notified...why?

This morning’s regular meeting of the board of county commissioners included a continued discussion about OLF-8 following our contentious committee of the whole last week—where emails that were embarrassing to our “consultant” and very condescending (if not overtly hostile) to the commissioners and our project came to light in Rick’s Blog.  These were a result of a public records request made by Outzen in which the unflattering emails were turned over and subsequently published.

It has resulted in a significant PR Black eye for DPZ and Navy Federal Credit Union---with the latter being named a “Loser” in this week’s iNWEEKLY “Winners and Losers” section...(p. 4-5 of the edition)

Since that time additional emails have been turned over and a repeated pattern has emerged that is troubling to me; when innocuous, routine issues are discussed—our county project management team is copied.  When interaction between NFCU and some neighbors that are against any commerce on the field occur—our county staff is not copied.

And now I see that in multiple emails copied to our consultant’s team leader, Registered Architect Marina Khoury, troubling insinuations and outright lies are told about our project and the commissioners---yet this information was not passed along to the County by project manager Khoury.  The client was not told of this at the time it was happening, last summer and fall.  Why NOT?  In one of these emails it is stated that the goal is to “embarrass the commissioners”--in another—the dark insinuation is made that the commissioners are engaging in “malfeasance” as far as it pertains to the OLF-8 project.  Again--these emails were copied to our “supposed” consulting group DPZ’s team leader.  But county staff was not warned/notified/or told.  I confirmed that today through our Administrator.

Theresa Blackwell can say whatever she wants, she can send emails out to the PNJ, neighbors, whomever she chooses.  Navy Federal personnel can do likewise.

But when anyone associated with this project—either in the community or stakeholders—copies our consultant on intentions to “embarrass us”and insinuations we are engaging in “malfeasance”—we MUST be notified immediately-as we are the client.  To purposely not notify us is very, very unprofessional and deceptive.  It appears it may also be a breach of professional ethics.  This is being researched.

This email, above,  that insinuates the BCC is engaging in malfeasance was copied to DPZ team leader Marina Khoury back in September......but DPZ's client was NOT notified...why?

So yes, I’m glad Chairman Bender had a meeting with NFCU’s Keith Hoskins and others and brought a