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I am one member of a five person board. The opinions I express on this forum are mine only, and do not necessarily reflect the views or opinions of the Escambia County Staff, Administrators, Employees, or anyone else associated with Escambia County Florida. I am interested in establishing this blog as a means of additional transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory. Although this is not my campaign site for re-election--sometimes campaign related information will be discussed, therefore in an abundance of caution I add the following : Political Advertisement Paid for and Approved by Jeff Bergosh, Republican, for Escambia County Commissioner District 1








Thursday, December 1, 2022

This Abuse of the System is Costing Ordinary Citizens and County Taxpayers HUNDREDS of Thousands of Dollars

At what point does a perennial loser in administrative hearings on the same topic costing hundreds of thousands of dollars get labeled a vexatious litigant and shut down?


Everyone in America understands we are a nation of laws, rules, and justice.  There are multiple avenues where citizens can challenge rulings, bring lawsuits, file protests and or petitions, and appeal the rulings and outcomes of such court cases. Federal, state, local, municipal and other jurisdictions have multiple venues where citizens can challenge practically every decision governments make.
Locally, many of our land use decision, when challenged, go to the Division of Administrative Hearings.

One serial petitioner is local citizen and activist Jacqueline Rogers.

She (Rogers) has filed multiple challenges to the opt-outs from the sector plan in District 5 allowed by BCC action and vote.  None of her previous attempts at preventing property owners from opting out have been successful.  This Monday, this same individual (Rogers) will be testifying at a hearing to be held here in Escambia County at the Fairfield Drive one stop location.  Yes, it is another challenge to another family's move to "opt-out" of the county's sector plan.  According to multiple lawyers and citizens with whom I have now spoken on this topic---it is the same arguments being put forth by Jacqueline Rogers as in her previous, unsuccessful attempts at stopping property owners from getting out of the overly onerous and costly provisions of the sector plan--some of the requirements of which (including the 50% rule) cost these property owners $Millions in valuation of their respective large parcels. 

It's simply a copy and paste job by her (Rogers) according to most observers with whom I have spoken.   A mimeograph of the same losing arguments, copied and pasted with names and addresses changed but containing the same losing arguments she has put forward numerous times previously.

Monday's hearing is the result of the fifth petition Rogers has submitted to DOAH specifically challenging opt outs.  Two other cases in 2018 related to future land  use designation categories that were related to former County Commissioner Wilson Robertson's case but they weren't specifically challenging opt out.  Because of consolidation of some of the cases, the actual number of opt out challenges including this one is seven, which include landowners Wilson Robertson, the Jolly Family, the Arnold Family, the First Baptist Church of Cottage Hill, Billy Campbell, and now this latest one involves a 90+ acre parcel owned by the Owen family.

The costs associated with defending these duplicate challenges over and over are becoming too burdensome and many feel these "copy and paste" job challenges are an abouse of the system.

According to one individual intimately familiar with whom I spoke  "This is costing citizens and the county taxpayers hundreds of thousands of dollars to defend, all for this one citizen who appears to be obsessed with preventing opt outs--even as she has been unsuccessful over and over."

In Monday's hearing, the county will be asking the judge to allow the county to recover court costs and fees expended in defending this what will be the 7th similar/identical complaint from the same citizen who keeps losing.  Good, I hope the judge allows for this.

Meanwhile, I have asked the county attorney why we cannot petition the hearing officer to rule that this individual, Jacqueline Rogers, is a vexatius litigant and move to preclude her, unless represented by an attorney,  from filing any more of these  identical paste and copy challenges.  It's costing the county valuable staff time and energy for an issue that has been settled by precedent multiple times over.

According to the attorneys for the county with whom I spoke, to be labeled a vexatious litigant under existing state statute in this venue--one would have to have lost five identical challenges at the final disposition of each case (after all appeals exhausted).  Interestingly--Rogers, while being unsuccsessful in any of her previous filings, has been careful in not reaching "5" yet.  She has lost three, several were appealed, and she withdrew her complaint from one and withdrew her appeal from another.  It appears to some she is carefully and deliberately trying to avoid final rulings and getting to five losses.

But one case in particular elsewhere in the state may assist the county's legal staff in looking at getting our fees recovered at a minimum--and possibly precluding any more of these costly and burdensome copy-cat, opt out challenges by Rogers.  The case on point where fees were awarded is DOAH 08-003053 Dr. Octavio Blanco and Southwest Florida Water Management District in which Blanco was barred from re-litigating issues previously decided in prior administrative hearings.

So there is a lot to watch Monday.  Apparently this latest opt-out parcel is directly adjacent to where the petitioner's property is.  Interesting--but no matter as I believe it will still be another resounding, crushing, back-breaking,soul-crushing and embarrassing public defeat for Jacqueline Rogers. 
Location of the parcel at issue in Monday's hearing........

But we have to also go after fees now, too, winning is not enough-------as this has gone on too long and it is time to put an end to the abuse of this system by one citizen at a cost of thousands and thousands of dollars in private citizen and taxpayer dollars + wasted staff time defending these ridiculous challenges that have already been decided over and over.  It's time.

It's past time.

36 comments:

Anonymous said...

"Mic drop"

Anonymous said...

https://casetext.com/statute/florida-statutes/title-vi-civil-practice-and-procedure/chapter-68-miscellaneous-proceedings/section-68093-florida-vexatious-litigant-law


Since it is the same thing over and over, Pro se, and unlikely to prevail, looks like vexatious litigant to me.

She is one reason I type anonymously.

Anonymous said...

Vexatious litigation -- legal proceedings started with malice and without good cause.

Vexatious litigation is meant to bother, embarrass, or cause legal expense to the defendant. A plaintiff who starts such litigation should know or should reasonably know no legal basis for the lawsuit exists.

File a tort claim for malicious prosecution.



Anonymous said...

Why isn't this posted on ECW 🌹

Melissa Pino said...

The last gasp of the Douggite regime.

Harassing people through the court system, and encouraging others to do so, has always been one of Jacqueline's best talents as a "citizen advocate," camouflaged by her carefully orchestrated "I'm Just a Simple Maid of Homely Planning" act.

Her DOAH racket--pretending to come up with the original filings without any help from attorneys, then copying and pasting her way through successive losing suits, on the taxpayer dime, with a fool for a client--is a close second to her special delight in libel, lies, disinformation, and all manner of social media thuggery.

Fortunately, her sadistic thrill in online harassment and bullying has always exceeded her nascent ability, if not for Doug propping her up in their mutual Escambia Citizens War on their "opponents" and "enemies"--i.e., constituents and residents.

Being who he is, Doug must have instantly picked up on her desperate need for notice from men in high places, and his manipulation and use of her over the years would be truly be a thing of empathy, had she not coupled with his sickness and wrought havoc over so many people's lives over the last ten years. Her absolute low point was when she pursued with determination to destroy the careers and lives of the innocent EMS that she was so obsessed with helping to railroad. But what she has put landowners through while gobbling up taxpayer money in these ridiculous opt-outs has horrible impacts to the blameless property owners that nobody ever sees. Not that she or anybody associated with these suits cares.

For those who aren't aware, her last attempt at this met with such strong rebuke from the courts that any person with shame or a conscience would never have considered for a moment bringing another one. Not Escambia Rose!

No, despite the fact that the administrative judge roundly put down her last attempt in part and in whole; pointed out she couldn't even tell waterways from paths; and called out her special experts for not being prepared; and despite the fact that all 38 of her exceptions (more taxpayer money wasted) were dismissed for the nonsense they were, and the judge gave the targets of her judicial harassment free rein to come back on her for fees and then some--well, OOPS, she did it again. And has been trying to keep this one under the radar.

Thanks for making people aware that she was running it in the dark, Commissioner Bergosh. If she loses this round as well, and there is no legal indication this BS is different from her many other attempts, then the Board and the County Attorney's office really do need to ask DOAH to put a stop to this once for all. Let her limp on with her disinformation and defamation Facebook forum. Her content and goals belong in Zuckerberg World. Not in our justice system.

Anonymous said...

Will you please have staff video this hearing and put it on ECTV. Monday.

Anonymous said...

Thank you for posting the docs on the links. To make it concise -- part H:1 and 2 makes it clear on the 2nd link for the attention deficit folks in the peanut gallery.

Maybe Marlette can draw a cartoon.. oh wait never mind, maybe Tallman or 850 will cover this. 🌹

PNJ, Rick's blog?

A news reporter on WEAR. probably not. It's not on the police mug shots log.

Is it in compliance with the county ordinances, Y or N
Can the county recoup money for having this person file a complaint over 1/2 dozen times and be told the same thing over and over. Y or N

December 5th.

What did Einstein say about doing the same thing over and over and expecting a different result?

Sociopathy? Insanity?



Jeff Bergosh said...

Anonymous 3:45--It is not on ECW because JC is waiting for "permission" to add it to the site. He is aware of it, his IP is all over my blog today, as it is typically because I rent lots of space in his head. But his master, the hate site administrator, doesn't want that published because she knows she is about to take another loss on Monday. Another back breaking, soul-crusing, embarrassing, very public and humiliating loss in her 7th futile attempt to use the DOAH to stop sector plan opt outs. And no, unlike that site, nobody is blocked from my blog because I believe in free speech. Yes--this hearing will be live streamed on Monday. Mel Pino 4:41 you are spot on!

Anonymous said...

What time is the hearing?

Anonymous said...

FVLL of 2000 recognized the pro se litigants were clogging up the court systems. Lots of criminal spend their time fling suits without an attorney. An attorney can be disbarred for filing frivolous lawsuits. Probably with the internet, Pro se litigation has increased but the courts have to balance it with not denying constitutional rights.

This seems pretty clear cut. It will be interesting to see if the judge will put a stop to this. I hope PNJ will cover it. Perhaps have a PIO write the story and do a press release after the hearing.

https://floridapolitics.com/archives/480923-chief-justice-charles-canady-orders-review-of-vexatious-litigants-law-florida-bar-rules/

Anonymous said...

https://www.doah.state.fl.us/ALJ/SearchDOAH/searchDisplay.asp?te=6.201172E-02

One can find the cases.

If this fails, it is number 5. Failed to prove, with one ended ahead of final order.

Kevin Wade said...

Reference the recent suit that lost in AZ that Kari Lake filed with the typical election denier "talking points" against the election counting process and machinery that has won a host of sanctions for the atty's some of whom are kind of notable.

Kari Lake's Lawyers Lose Election Suit, Win Sanctions. Well Played, Dersh!

Hopefully this will be as said already a "soul-crushing, embarrassing, very public and humiliating loss in her 7th futile attempt to use the DOAH to stop sector plan opt outs".

The hate page which came from its modest catfish pond bottom sucking "We hate George Touart" needs to answer for its crimes against the citizenry from which the name has been appropriated now.

Escambia should be able to bring suit to reclaim the Escambia name from the hater and sorry for tossing in broadband but as a transparency inactive the days of the echo chamber need to be brought to light and the

I am hoping that with the broadband coming to the rural parts of the county and linking phase 1 with the addition of the 28 encompassed county facilities being on fiber that the county will buy and have maintained the TLD (Top Level Domain) of .escambia and be able to sell url's in that domain so as to finance low income households. Thankfully Facebook and twitter are on shaky ground now and may soon go the way of AOL, AltaVista and Gopher.

Plenty of space for .escambia here

Melissa Pino said...

HAHAHAHAHAHAHAHAHAHA

My, those water carriers are gettin BIII-ZEEE.

"Love living in Pensacola? Help celebrate the people who make it great at CivicCon Awards"
Kevin Robinson
Pensacola News Journal

https://www.pnj.com/story/news/civiccon/2022/12/02/pensacola-civiccon-awards-ceremony-monday-at-rex-theatre-downtown/10794866002/

--------------
Government Transparency Award
Jacqueline Aimee Rogers

Rogers manages Escambia Citizens Watch, a Facebook group with more than 10,000 followers. The group started 10 years as a forum for people to learn about and discuss importance issues around governance of Escambia County, the city of Pensacola and the state of Florida.

She was also part of a group of citizens who challenged a 2019 change to Escambia County's comprehensive plan, leading to an administrative law judge determining the plan was not in compliance with state law and potentially preventing new urban sprawl in northern Escambia County.

Her nominator wrote, “She also has taken an active role in trying to hold county government accountable to the public they are supposed to be serving.”
-------------

What whoever tasked with nominating her failed to note, of course, is that this maven of transparency has hundreds of people blocked from being able to comment, or even view, her "public" forum. Simply for not being willing to fall in with her Groupthink propaganda program and disinformation warfare.

We'll see how well she does with keeping tabs on the County now that she no longer has Doug spinning insider venom her direction on the daily.

Anonymous said...

There are studies on the psychology of vexatious litigants. Psychiatrists prefer to use the term obsessive litigants to not use a prerogative term to describe it. Usually the person feels they are special and deserve more than others, lacking empathy of how their actions and attitude affects others.

If you actually see and hear her, it is fairly apparent she is off her rocker. Her actions at Commissioner Barry's last townhall are on video, her flat line voice is odd. She sounds desperate yet monotone. She can't seem to understand her way of processing information may be faulty. In my opinion. She has made herself a public figure so has opened herself up to criticism.

For the PNJ to nominate her at this time is simply yet another indication they are not a reliable source of information.

Is Kevin Robinson aware of this?

In theory if she did run a citizens site open to citizens and had not cultivated a group think propaganda place, in theory that would be valuable.

Also the reporting is simply wrong, she did not win any cases and prevent urban sprawl because the opt outs were legal and legit.

The property use and growth management is complicated and many can't grasp it so it's easy to think someone is expert by spouting off a few terms

Of course many would like no growth but the commission can't deny the owners their property rights.


On the Cox issue, check out NorthEscambia and the comments.

Never a dull moment.

Will Kevin Robinson retract the report on the nomination and provide more transparency.

I doubt it.

Anonymous said...

Remember when Larry Downs Jr said something at the podium how it seemed odd someone who had about 15 kids was worried about growth management and she screamed and huffed out of chambers when you were chairman one time?

That was kinda funny really.



Anonymous said...

KR of PNJ did retract it and made an editor's note and is further researching the issue.

Anonymous said...

Same administrative judge as the previous one.

Melissa Pino said...

Jacqueline Rogers: CivicCon Award and Correction on Suits

Melissa Pino Fri, Dec 2, 2022 at 9:42 PM
To: "Kevin Robinson, PNJ" , Lisa Nellessen-Lara PNJ , Terry Horne , Quint Studer
Cc: Lumon May , Jeff Bergosh , district 2 , Robert Bender , District 5 Steven Barry , Alison Rogers , Wes Moreno , Horace Jones , Tim Day , Delarian Wiggins , Jared Moore , Casey Jones , Teniade Broughton , Charles Bare , Jennifer Brahier , Allison Patton , DC Reeves , Barbara Albrecht , Christian Wagley , Elizabeth Westmark , Jacqueline Rogers , Senator Doug Broxson , Michelle Salzman , Representative Alex Andrade , Rick Outzen , Jim Little , Randy Wood , William Reynolds , Christopher LUGO WKRG , John Singley , Andrew McKay , Melissa Pino

Sorry, sending again in case the empty subject line put it in people's trash bins.

Best,

Mel

On Fri, Dec 2, 2022 at 9:39 PM Melissa Pino wrote:
cc: BCC, County Attorney, County Administrator, County Planning, Natural Resources, City Council, Mayor, Barbara Albrecht, Christian Wagley, Elizabeth Westmark, Jacqueline Rogers, Delegation, Press

Dear Mr. Robinson, Ms. Nellessen Savage, Mr. Horne, and Mr. Studer,

I write this email for the following two purposes:

(1) To voice the dissatisfaction and even alarm that many in our community are experiencing at CivicCon awarding Jacqueline Rogers with a transparency award; and

(2) To submit corrective on the reporting on Ms. Rogers's DOAH history.

Please note that I have included Ms. Rogers in this email, in the spirit of actual transparency.

1. Transparency. It is difficult to find words that adequately capture what a grave mistake CivicCon is making in awarding Ms. Rogers with a transparency award. I hope, as do countless others, that CivicCon is unaware of how she operates Escambia Citizens Watch, and that there might yet be a necessary corrective to her receiving this award.

In brief, if Ms. Rogers actually operated Escambia Citizens Watch in the manner the PNJ article conveyed, in theory her Facebook forum would be a hallmark of citizen engagement towards holding government responsible, as her (unknown) nominator for her award referenced.

Many believe that CivicCon simply is not aware that Ms. Rogers in fact operates her forum in a manner that is the opposite of transparent. She and her moderators have hundreds of citizens of this community blocked from being able to comment on her forum, or even to see it. In a word, if Ms. Rogers considers anyone posting to be a threat to her opinions, they have been--for years on end--summarily kicked off her forum. While she and her moderators claim that anyone removed has violated the forum's user rules, anyone familiar with it knows this is simply not the case. Ms. Rogers claims people are removed for fake accounts; yet she allows fake accounts to lead the discussion on her forum. Ms. Rogers claims she removes people for foul language, and yet she systematically allows commenters who have used such terms leeway if they support her opinions. She claims she removes people for harassing public officials, and yet she herself is the worst harasser of elected and appointed officials in our area.

In addition, Ms. Rogers refuses to correct her mistakes to her 10,000 users. The worst example of this was when Ms. Rogers posted misinformation for two years on the innocent EMS who were targeted, and defamed them continually. Yet she never offered a single correction when the people targeted were let off in varying degrees, some of them completely exonerated from their charges. These were people staring down the barrel of 30 years in prison, with Ms. Rogers urging that on. Yet she has never, to this day, posted that she had been in error, and she removed every user who tried to defend them from her forum.

In a word, if CivicCon awards Ms. Rogers for transparency, it will signal that the organization is playing politics, rather than truly working for what is best in the community. Please recognize there are many in not just the unincorporated areas, but the City, who recognize this.

Melissa Pino said...

2. Ms. Rogers' serial land use harrassment.

I have included Barbara Albrecht and Christian Wagley on this email in their capacity as expert witnesses on Ms. Rogers's latest opt-out suit not because they are also recipients of CivicCon awards, but because many doubt they actually understand the cases they are provided testimony for. The administrative judge in the previous Westmark opt-out made very clear that their testimony did not help Ms. Rogers's case, because they clearly had no idea of the topography in the area, other than what Ms. Rogers had led them to believe. And yet they are both listed in the documents on her suit to be heard on Monday, even after their previous testimony was called into question.

Mr. Robinson, Ms. Rogers has never had any success in DOAH that has resulted in stopping development, or in any environmental protection.

The saddest thing about her misguided DOAH ventures has been that her involvement as the face of this complex problem has actually kept any real environmental reform from happening.

While Ms. Rogers has publicly represented me as a paid gun for development interests, in fact my husband and I have paid tens of thousands of dollars, privately, to protect the environment in Escambia County. That includes many donations to BREAM. It also includes not just the years on end we have fought incursion into Navy Point Park, but also close to ten thousand dollars to try to save the A+ tree.

Ms. Rogers's vexatious litigation in these opt outs has afforded her the brilliant red herring of pretending it's about environmental causes. Nobody has fought harder for the environment in the last few years than my husband and I have.

Nonetheless, there are LAWS. And the government *cannot* do what happened with the Escambia County Sector Plan, period, end of story, as ruling after ruling has attested.

Thankfully, DOAH will not be ruling on wishy washy environmental--as much as I wish our community and state would start taking environmental concerns seriously. It is very simple. Our government cannot steal private property, and thank goodness every single administrative judge has not only recognized that, and many other problems with the Sector Plan as it exists (and not as the fantasy in people's minds), but has also recognized that Ms. Rogers and her experts have no real knowledge of what is actually on the ground per the properties that she has targeted.

Mr. Robinson, if you do your due diligence, you will find that Ms. Rogers has never prevailed on any opt-out suit period. And in the one suit she prevailed on, per Agricultural Lands, although she did in deed win that initially on the grounds the County hadn't done due diligence, the County went back and submitted another plan--which she never refuted. As it stands, Jacqueline has never won (1) a suit on an opt-out and (2) a suit on the Comp Plan. Of course she has done a lot over the years to claim otherwise. The docket record shows different.

The saddest thing of all--there are real environmental problems with what's happening. But because Ms. Rogers held sway over public opinion for so long, she kept any real, true reform from happening. If the North County turns into a nightmare of development, Ms. Rogers will only have herself as one of the worst actors of non transparency to blame. Because there could have been far better intervention, and political talks, if she hadn't been put forth as an expert on these issues. Which every administrative judge who has ruled on her cases has clearly ruled, she is not.

If CivicCon awards Ms. Rogers as planned, in effect it will undercut the value of the awards entirely, and taint any other award that the organization has given.

Sincerely,

Melissa Pino

Anonymous said...

The best ways to preserve some of the land would be for Salzman/ Andrade to work with Broxson and the FDEP to have Florida buy land for the State using Forever Florida funds. If they have any questions, they could consult counties east of here who bought up thousands of acres of land once owned by St Joe company after they went out of the paper making business.

The natural land preserves especially in Bay and Calhoun that were once vast planted pines that Hurricane Michael decimated and later resulted in a massive wildfire not being developed actually saved us millions of dollars in resources in the long run.

Seriously look into this.

Did the county subpoena the affected multitude of land owners for this hearing or did you decide to not put them through further trouble. It may not be about just them but it does go along with asking for the vexatious litigant ruling.


What time Monday will this be streamed?



Melissa Pino said...

Sent a follow-up email today with the pertinent docs. If anyone would like a forward of the emails with documents attached, feel free to contact me at melissawpino@gmail.com
------------
Re: Jacqueline Rogers: CivicCon Award and Correction on Suits
Melissa Pino
Sat, Dec 3, 2022 at 3:22 PM
(same recipients)

attached:

--Recommended Order on Case 20-003015GM (re: the Westmark property)
--Petitioner Rogers's Exceptions to Recommended Order on Case 20-003015GM
--Final Agency Order DEO-21-025 on Petitioner's Exceptions to the AJ's Recommended Order on Case 20-003015GM
--County's Response to the Initial Order on Petitioner Rogers's current case 22-3224GM (re: the Owens property)

Good afternoon,

Mr. Robinson, I realized today that, being familiar with the long and complex nature of Ms. Rogers's DOAH litigation, it would be helpful if I provided (1) a list of the litigation I am aware of through the DOAH portal; and (2) some key documents pertaining to her opt-out suits.

While the DOAH search function

https://www.doah.state.fl.us/ALJ/searchDOAH/default.asp

makes their portal easily navigable (by entering the name of the petitioner or respondent), it's not possible to link directly to many of the documents unless you are actually on the site. Therefore, I have attached for your convenience three PDFs, listed above, pertaining to Ms. Rogers's most recent loss in her opt-out case against the County, involving the Westmark property. (Because I comment on the particulars of that case, I've cc'd Mrs. Westmark as a courtesy.)

If you have time for a quick review of those documents, you may find it perplexing as to why Ms. Rogers has brought the same argument in the court system once again. To the best of my understanding (and I am grateful for any corrections), between 2017 and 2022, Ms. Rogers, acting pro se, has filed 7 petitions against the County, comprising the following: her previous opt-out suits; her challenge on the agricultural proposed future land use change; and her current opt-out challenge, to be heard this coming Monday. The fourth document I have attached contains a list of her previous opt-out losses by case number.

Ms. Rogers’s first opt-out challenge, in 2017, resulted in two spin-off technical challenges to both the County and the Florida Department of Economic Opportunity. The second opt-out challenge case consolidated three individual opt-outs. The third opt-out challenge consolidated two opt-outs. All total, including Monday’s challenge to the Owen family’s opt-out, 7 individual opt-outs that were approved by the Planning Board, the Board of County Commissioners, and the Florida DEO, have been challenged by Ms. Rogers. (con)

Melissa Pino said...

(con) Ms. Rogers did prevail in her challenge on the agricultural future land use, which was a completely separate case, legally, from the opt-out cases. My previous email might have been confusing with my wording that she had never prevailed, as I meant that through the lens of environmental impact. Sadly, because Ms. Rogers determined to try to block the County from any change at all on the agricultural lands future land use comprehensive plan amendment--which it was well in the County's legal right to do--rather than work with the County on how to make some common-sense changes while still leaving some crucial protections in place, the overall result was that the County simply corrected the lack in their proposal that Ms. Rogers' successfully argued, and submitted a fresh comprehensive plan amendment on the same issue. That submittal was successful the second time, and with no follow-up challenge from Ms. Rogers. The frustration that a number of environmental advocates in the County have had with this all-or-nothing legal approach is that the political and media attention Ms. Rogers's arguments have received continue to bear no fruit on the ground, and block out any signal from more realistic approaches. The County has every legal right to make the changes they have pursued in accordance with state statute (and that is matter that would need to be addressed at the State level), and therefore any opportunity of working with the County towards a compromise of crucial environmental protections has been lost amid the context of Ms. Rogers's serial litigation.

Per her previous opt-out challenges, Ms. Rogers has either lost or agreed to a stipulated dismissal of every one. Monday will mark yet another attempt pursuing this issue, pro se, using much the same legal arguments she employed in the previous losing cases. For whatever reason, Ms. Rogers has not advertised this particular case and hearing on her Escambia Citizens Watch forum, as she has previously done, and has only made slight mention of it there after Commissioner Bergosh posted about it on his blog. Many who follow County politics closely, and even planning issues, aren't aware that she is once again pursuing litigation. (con.)

In closing, I would be deeply remiss if I failed to say that Barbara Albrecht is richly deserving of her environmental CivicCon award, and so much else, for her tireless environmental work and advocacy in our area--so much of it with meaningful material results that have made our area a better place. On this particular subject, I can only imagine that there may be some lack of transparency on Ms. Rogers's part in not making clear to her experts how resounding her last opt-out loss was. Perhaps she did not share the ALJ's recommended order and the DEO order in response to her dozens of exceptions to the ALJ's recommendation. Whatever the case, I hope that all of the recipients of this email will find some time to look the documents over, and understand why some of the taxpayers of the County are making their displeasure with Ms. Rogers's serial DOAH litigation heard.

Sincerely,
Melissa Pino

Anonymous said...

I think the sector plan would have worked if it were one land owner. I think a previous board basically got sold a bill of goods buying into the plan and implementing it.

As with the farmland. If the land is passed down, perhaps descendants don't wish to farm and want to sell part of it.

Another can't force their will upon another land owner. Actually I would like the AG protections to stay in, but I realize there are other situations and if I wanted a farm to stay a farm, I would have to buy it. The concurrency should be put back in the CP.

I wonder if she has Aspergers, or is obsessive compulsive. They often have trouble with social skills and instinct and are very focused and unrelenting in their positions. Highly attentive to details and intelligent.

Either way, her continual attack on the board is a problem and her unwillingness to allow discourse on her site is her own downfall.

Note, I counted the awards and it doesn't look like she is one of the 22.

Mel, Excuse me, you can stop sharpening your nails.


Anonymous said...

I can see why this is getting a lot of attention. She needs the feedback.

Obviously her obsession and her one sided decades long campaign needs to be checked.

To pretend she is a champion of civil discourse and transparency is jaw dropping.

Mel suffered for being so outspoken, financially and emotionally, she almost singlehandedly brought the Doug Jacqueline propaganda machine to a halt and exposed the duress several of the former EMS employees were under. Jacqueline collects screen shots, letters to the board and uses them for intimidation. Remember they sent them to FWL on the beach access. Most likely urged the medical director into litigation. Of course David Bear and a few others helped to break the foothold. I would support a Bear backed candidate because choosing a knowledgeable leader is important and they seem to understand that.

Low info voters fall for the "them against us" mindset. If an elected leader doesn't capitalize on that from the dais, we will be better off in the long run.


Rogers is probably just trying to get on record she opposes. Now perhaps she gets it. Perhaps she is able to have a bit of self reflection.

Let's see what the judge will rule tomorrow.

It is great the Westmarks will speak up. Lovely People, they helped their elderly neighbor navigate this and Commissioner Barry helped also.









Anonymous said...

https://floridadep.gov/lands/environmental-services/content/florida-forever


Everyone should get on the same agenda.

I did see JAR play the victim.. " why do you all hate your community" which is ridiculous.

However, if the delegation would be aware of this that would be good. Saltzman at one time acted excited about being able to do this. Please talk to her about this.

Could this be a jumping off point?

Get the State to buy up land in the north county. You know the 5 year work plan with FDOT can't keep up.

You guys can even hold that trophy up for reelection.

Win Win.

Melissa Pino said...

Anon 5:20, when I supported the change from 10 acres to 4 on the agricultural use, I said publicly that I was very ambivalent, because while it seemed a common sense need for that change in particular, I was concerned it would be a slippery slope. After the BCC voted it through, I lobbied hard for some extra environmental protections, especially special tree preservation, and perhaps to do some prototype low impact development that could swing the area towards small farming and maker ventures that could blossom into eco and farm tourism, which has been so successful in other rural areas. I never got anywhere on that, nor did any of the other environmental advocates trying for such measures. We'll never know how much the DOAH drama chewed up the bandwidth and boxed out other conversations and ideas. :(

It was pleasantly surprising to see that the PNJ and CivicCon removed the section of Jacqueline's award pertaining to her land use suits from both the online and print versions. Seems like a pretty reasonable response, and it's very heartening to know that they took the content of the communications seriously.

We'll see what happens tomorrow. It's just sad that another property owner has to be put through this, and County staff. :( It's so much work and stress.

Tom Jardine said...

1.
“Abuse of the system is costing ordinary citizens hundreds of thousands of dollars”

When I read the title of this blog post, I naturally assumed that Jeff was referring to his voting partners, Barry and May. Those two “humble” public employees recently attempted to clawback hundreds of thousands of dollars from our great Escambia County citizens. Extremely despicable!

I was hopeful that Jeff developed scruples.

But alas, apparently Jeff is, once again, simply using his privileged pulpit to attack a private citizen who has challenged our commissioners’ penchant to violate our zoning rules in order to gain the political patronage of wealthy private developers.

Mr. Barry and Mr. May recently tried to reach back in time to grab hundreds of thousands of dollars from our great citizens, after those two discovered that the 401a retirement program is much more lucrative than the FRS - obscenely lucrative.

Apparently, neither May nor Barry possessed the acumen to discern that fact when they originally made their retirement option selection ten years ago - yes, those two blockheads have been mismanaging Escambia County for ten years.

Neither May nor Barry are concerned with ethics. The honorable Pam Childers is concerned. Madam Clerk feels compelled to restrict the fulsome payouts.


2.
On “Real News” with Jeff’s best friend, Rick Outzen; Jeff bragged that he did not raise the millage rates on the great citizens of Escambia County.

What Jeff failed to disclose is that Jeff raised our 2023 budget expenditures by 15%. Jeff and his friends spent $568 million last year and plan to spend $654 million in 2023.

Escambia County should be extremely wealthy. This should be our Golden Age.

NW Florida was awarded $1.5 BILLION from British Petroleum. Escambia County has recently enjoyed millions in federal grants as the federal government increased the national debt by $ TRILLIONS. The commissioners spent $10.5 million this year to invite record numbers of tourists to crowd our beaches and our roads, bridges, and infrastructure - but the commissioners have hardly reinvested a dime of our tourists development taxes on Pensacola Beach.

Further, on Pensacola Beach, Jeff and his fellow commissioners have gifted Innisfree Hotels several sweetheart deals in the past two years - each of those sweetheart deals was at the expense of our great citizens. Jeff apparently wants to construct a private condo canyon on Pensacola Beach.

Is your community better off? Where is the money? Why is our commissioner scapegoating private citizens when he should be working full-time to deliver value to our tax payers? The citizens have paid Mr. Bergosh, Barry, and May at least one million dollars in compensation over the last decade.

It’s high time that Jeff, Steven, and Lumon stop scapegoating our citizens and start providing us with a reasonable return on our investment.

Anonymous said...

Well said. There appears to be considerable confession through projection on the behalf of both Comm Bergosh and Ms. Pino. The well known alliance is working to discredit the fine work and usefulness of ECW in the public forum. It appears much more waste actually comes from pet projects through the quorum of Commissions than the application of funds to first insure infrastructure rather than curry political favor. This multi pronged attack on Ms. Rogers is in hopes of silencing the squeaky wheel of having an open government. The appearance of impropriety is generally well founded when decisions are officially skewed off course.

Anonymous said...

Will some one please do the math for these block heads of whether a commissioner draws the one time annuity in comparison to the amount of money spent if they draw a lifetime benefit and it goes to their spouse if deceased. I can't wait until they get the ruling

The fee simple was put on a ballot and the citizen rejected it.

The ECW can be a good place for citizen to share ideas but it has been a place to attack unfairly other citizens and the board.

Time for a reset.

I'm trying to be nice but this has been a long time coming.

I hope it's on TV.


Obviously these two don't understand the damage done over the years.











Anonymous said...

354

Put this Blog Post on ECW..

Anonymous said...

4:51, Maybe somebody should give you a calculator and explain this to you cause all you're doing is regurgitating the same tired argument. Commissioners have part-time temporary jobs and receive a retirement benefit the average county employee doesn't receive. That one-time payout is far more than what other employees will see. They can explain it any way they want but the way this came to light and the fact board members are suing the clerk using the services of a high-powered law firm "pro bono" makes it look like theft. What's more frightening is the @#*&$ that support the board and this behavior.

Anonymous said...

Commissioner are elected officials and the contribution into a retirement and or a legal annuity if they choose as in this case is set at the state.

Just like the opt out of a master plan, also a 401a is legal.

One can find this with a simple search on the internet.

The clerk decided to not honor this and will lose.

Actually in the long run it will cost tax payers less to pay out the one time annuity than to pay out lifetime benefits with a beneficiary in most cases


Our problem is stupid effing f ups repeating total effing bs like 633. The BCC are being represented pro bono because supposedly complicated processes are needed to navigate this which should have never been in the public domain anyway.

Between a board and a clerk will be a noted landmark and a feather in the cap for the firm.

The whole thing is remarkable that the idiots would fall for Underhill total bs.

While BTW, he S#@%t$ and grins collecting his full retirement.

633 you are blind, stupid and gullible.


The thing is once people get an idea locked in their brain, they can't see otherwise.

It is not a part time job. You repeat talking points and sound like a parrot.


Back to the post.


Get her labeled a vexatious litigant and get county money back and open the door for the other property owners to do a class action suit to recoup their funds

Maybe she can put a go fund me up and ask 10000 participants to give her $100 each just to cover the opts outs and someone else get a calcurator for the EMS folks for their loss of income and legal expenses or for citizens that get in the way, and more.


Most of the time it is best to simply ignore such stupidity but is has gone on unchecked for too long.

One more domino to fall.

Monday.








Melissa Pino said...

Bottom line: Jacqueline is headed into her latest legal harassment tomorrow recognizing that CivicCon and the PNJ finally recognized what she has been up to. Hopefully at some point there will be a communal understanding of the real damage she has brought on our community. But for now, their gutting of her award reporting is very important, and appreciated.

Hopes be that the result of her most recent BS, which will be live streamed tomorrow by the County, gets her kicked out of DOAH. So nobody else every has to go through her malice, lies, and disinformation through a DOWH docket, ever again.

Anonymous said...

Anon 3:54 & Anon 6:33 PM should be eligible for free vasectomy/tubal ligation at the new Community Health location. Probably takes 120 minutes to watch 60 minutes.

Jeff Bergosh said...

Anon 6:33 Needs todrop the rock pipe and come back to reality. The County Commission job requires full time committment--evenigs, weekends, days, and nights. It is all-consuming if one is serious about doing it right. That's number 1. Number 2 is the FRS pension plans and local option annuity plans are approved by the state in statutes. My plan, for instance, is the same type of plan that teachers and state workers get. Depending upon what the job is, the percent per year as credit one gets toward retirement varies by job description, but the plans are the same. The unilateral way in which the clerk usurped her authority and acted ultra vires when "deciding" to arbitrarily withhold the contributions to three of my counterparts was and is wrong. Whe will eventually be forced, by the courts, to walk that bad decision and action back and restore the accounts of the three board members whom she has done this to. And yes, you are right about one thing, the job of the county commissioner is a temporary thing in most cases, thus the higher multiple for pension credit dictated by state statutes. But understand all of this is set by the state or permitted under statutes enacted by the state. Don't go through life waring your glibness and ignoarance like a hat; it doesn't look good on you.

Anonymous said...

Check out the photos.

Political Advertisement Paid For and Approved by Jeff Bergosh, Republican for Escambia Commission D1