The 2022 Florida Legislative Session is Over. Which Passed Bills Could or Will Most Impact Escambia County?

The legislature does what they do every year.  They finished their 60 day (plus a couple of days) session, passed a budget, and put forth and passed a slew of laws.  Yesterday afternoon, our legal office put together and sent to commissioners a nifty little memo outlining the bills passed this year that will have the greatest impact ----positive and negative----on Escambia County going forward.  Check out the memo and list of laws, below.  Interesting stuff.....

On "Real News with Rick Outzen" on AM 1370 WCOA Later This Morning

I was invited to appear once again and will be a 7:10 AM morning guest  on the area's #1 morning drive talk show--"Real News with Rick Outzen" on 1370 WCOA.  Lots to discuss!

I've been invited to appear at 7:10AM on the area's  best and #1 top rated morning drive radio program "Real News with Rick Outzen" on 1370 WCOA.

I've been asked to give a recap on issues from the BCC's Thursday meeting from last week.

I anticipate discussion on the following topics:

--Jail update

--401 (a) litigation

--project pioneer

--EDATES

--Grafitti Issues

--letter to FPL on rates

Once the podcast is published, I will link it here.

Weekend Expression of Outrage, Part II

 

When in doubt, don't swim where someone is fishing for sharks.

Some folks sure got ramped up over the weekend over a couple of issues..... In part I it was about the jail.

Part II is about Shark Fishing from shore.

One angry condominium owner fired off a bunch of emails, in rapid succession, about someone fishing from our new Perdido Key beach public access point #4. 

"Great work Bergosh. Certainly hope this comes back and lands on your door step!" was the subject line in his first email.  He went on from there:  

"Fishing for sharks from the public beach access next to us, happened all weekend. They were set up with tents, flags, poles etc... Unit 202 actually saw a shark near our beach and was fed up with the situation. I have attached a photo of the email response she got from the County. Please join Kim in trying to keep our waters as safe as possible for all to enjoy. The email address to the person she contacted is in the photo."

 The email had a screen capture of a response to a condo owner from County Employee Dave Greenwood--it was a polite response.

The next email had this as the subject:  More good news from my son who is down there with his wife and his three young children. Just keeps getting more interesting, doesn't it?  

He went on from there:

"I went and talked to them Saturday night. They had a bunch of kids with them who's Dads had chartered the guide service. They were excited and said they were going to "try to break the record," which is apparently 6 tiger sharks in 1 night"

To which I responded, in part:

"..you wrote  to me in your email   “I hope this comes back and lands on your door step” in reference to shark fishermen fishing near swimmers and as I read this it seems as if you’re hoping something tragic happens like a shark attack.  Do you really hope for this?  Wow!  What a dreadful thing to wish upon anyone, just absolutely diabolical.  Meanwhile, back here in real life away from your fantasies of violent interactions between swimmers and sharks———-perhaps you should channel your simmering frustration to those who actually control this activity—(and here’s a newsflash for you, “Jones”)—It ain’t the county—it’s the State of Florida.  According to staff with whom I have conversed on this particular topic(copied)—I’m told the State has usurped local control on the regulation of shark fishing from public beaches.  So, meanwhile, it may be prudent to NOT swim next to where fishermen have set up to fish for sharks.  I’d certainly dissuade my family and children from swimming near the shark fishermen out of an abundance of caution.

 Sincerely,

 Jeff Bergosh"

(Full disclosure, this particular individual and I have had a number of back and forths about public beach access, including this one from earlier this month where he called me a moron and a jackass.  Maybe this will be a twice a month thing with him?--I hope not.  We ended up talking and I did my level best to explain to him that the state controls the regulations pertaining to shark fishing from shore, not the county, and I did tell him that if someone is legally fishing for sharks [chumming for sharks from the shore is unlawful and should be reported]--I certainly would not swim nearby)

I wonder what the next outrage from him will be?

A Camel's Nose Under the Tent?

Could the recent ruling coming out of Walton County dealing with customary use of the beaches in Walton County--could this be the camel's nose coming under the tent as it pertains to beaches locally, in Perdido Key, once again becoming accessible to the public?  Could the rest of the camel be coming into the tent shortly?

According to this article  - the decision by Walton County Circuit Court Judge David W. Green that customary use is not unconstitutional was expected by the private landowners and this decision will be appealed.

Eventually, this case will end up before the Florida Supreme Court.

from a different article on the same topic:  

"Judge David W. Green issued a 10-page ruling Monday that turned down arguments by Northshore Holdings, LLC and Lavin Family Development, LLC, which own property along the Gulf of Mexico and contended that customary use violates the state and federal constitutions..Green pointed to a 1974 Florida Supreme Court opinion that allowed the public to use those areas of beaches. He wrote that he is “without authority to enter a judgment finding the doctrine of customary use as established by the Florida Supreme Court unconstitutional as a violation of the prohibitions against taking of property without just compensation or without due process of law.”

Some believe that the issues being litigated in Walton County are directly on point as it relates to the issues of public access on the "private" beaches in Perdido Key.

So we'll see what happens going forward, and whether or not the camel gets in the tent.

Whichever way that decision goes, we will read the ruling and we will play by the rules.  As I said at my recent townhall--I play by the rules, but I know how to read a rulebook.

Weekend Expression of Outrage!

 

No, no--it wasn't about the embarrassing spectacle of a smackdown, B!&$h slap Will Smith delivered to Chris Rock in the middle of a live, worldwide broadcast to tens of millions of people.  It wasn't about this.

No, no it wasn't about the disgustingly tragic story (you don't know about it because the national media won't report it) of a grandmother targeted by four "youth" in New Orleans with a violent beating that led to her death by murder during a carjacking.  (She was pulled from her parked car, punched, kicked and beaten unconscious before these youth drove off with her dragging beside her own car until all her clothes were ripped off and her ARM was ripped out of the socket and she died of blood loss in the arms of two passers by that tried desperately to first stop the carjacking and second save this victim.)  Nope--it wasn't about that either.

And No--it wasn't about the ongoing violence against women and children in Ukraine by the Russian Military.

Nope.  Wasn't about that, either.

It was about the spectacle scene that is our old jail and our new jail.  

This citizen is outraged.  He's right to be.  But, put in context, there are lots of things to be outraged about, a lot of issues far more urgent, pressing, and sad.  

So here's the back and forth from the weekend about our jail, below.

City is Requesting the County Look at Adopting a Graffiti Ordinance Similar to Theirs....

Late this afternoon I received this written correspondence, below,  from City Attorney for the City of Pensacola, Charles Peppler.

I'm willing to take a look at it and I'll certainly consider it.  This coming week I will ask staff to assess the City Ordinance to see how it meshes with County Ordinance(s) already on the books dealing with this topic.  Then I'll ask Alison Rogers to add it for discussion at a subsequent meeting so it can be discussed with my four board counterparts.

So look for the discussions to begin in late April on this.

First 8 Palm Trees for Relocation or Removal Have Been Marked on Perdido Key

Florida Power and Light (FP&L) has sent out their arborist and they have subsequently marked the first 8 trees that need to be either re-located or removed due to these trees' entanglement with FP&L's lines.

These particular trees are located at the Sundown North condominium complex.

After my blog posts and subsequent media and social media coverage of the initial plan to clear as many as 70 palm trees from Perdido Key---FP&L sharpened their pencils, re-looked at the initial list, then cut it down to 27 trees that needed to go.  Management of this particular condominium HOA group, Sundown, then expressed an emphatic desire to relocate these 8 trees to different areas on their property, away from the lines.

Upon hearing this, I spoke with FP&L and they moved quickly to get this particual HOA's trees marked.

Late yesterday, however, this HOA expressed some concerns about the costs of relocation of these trees--which came as somewhat of a surprise.

 

"[a consulted tree vendor] said that it would not be cost effective to relocate them" was what I heard back.

So I attempted to speak with that HOA group again today without luck.

If they don't want to move the trees, I will have county personnel develop a plan to retrieve them and replant them at county property where appropriate.

One way or another, my aim is to save and relocte the trees.

If the HOA's want them--they'll get first crack.

If they don't want them, I'll request the county move them.

If the county can't--then the remaining trees will no doubt be cut down.

I'm hoping it doesn't come to that.

Appeal will Move Forward--No Cash for Doug

The Escambia Board of County Commissioners voted 4-1 to hire a first rate legal team to appeal the recent circuit court decision directing us to pay Doug Underhill's $24K legal defense bill--a bill that was generated initially by Underhill's alleged racially charged, venom-infused, libelous social media attack on a local businessman.

Yesterday the board voted 4-1 to move forward with an appeal of Judge Shakleford's order directing that we pay Doug Underhill's legal fees of more than $24K.

First of all--I do believe Doug should pay his attorney for the work done on his behalf.  That should happen immediately regardless of what the eventual disposition of this matter becomes.  Maybe Doug has alreadt paid his attorney?--I don't know but if he hasn't yet--he should.  The attorney did his job and should be paid.

But the idea that the taxpayers have to cover this cost is the issue that is the subject of contention.

Our policy states the board "may" pay the legal fees of a commissioner and does not say we "shall."  We have discretion, there is a distinction there.  Obviously if the conduct at issue is done in the course of one's duty as a commissioner--it is highly likely that the fee would be paid by the county once a commissioner is exonerated of the charges.  Or the fees could possibly be covered even beforehand, prospectively.

But there are a couple of tests that would have to be met before a public dollar payment would ever be appropriate.  A two-pronged test.

1.  Was the conduct at issue that drew the lawsuit done in the course of the commissioner's official duties?

2.  Did the conduct at issue serve a public purpose?

Neither of those tests were passed, so far as I am concerned, in the Scott Miller case.  The Judge in that case (and I'm paraphrasing) essentially ruled that commissioners have  "Blanket Immunity" to say whatever they want when off the dais and on social media like facebook or twitter.  Blanket immunity to say anything about anybody no matter what.  Blanket Immunity for elected officials to essentially libel businesses and community members?

That was the ruling.  

Many disagree and believe it to be badly flawed.

And it apparently--this order in the Miller Case---- subsequently eclipsed the need for a more specific, nuanced ruling by the judge in that case on the all-important two-prong test above.  Those two prongs were not addressed but rather glossed over in favor of the blanket immunity concept while intimating the conversation on facebook was part of a commissioner's duty.  (no mention of the public purpose prong)

Stick with me though, because this next part is opaque but it is nvertheless important.

The two prong test remains important because to pass this test allows us, the BCC,  to pay appropriately from county funds if we decide to do so.   It isn't automatic.  But the ruling jumps our policy to the common law.  

And I have not seen a ruling anywhere saying "Doug Underhill's back and forth with Scott Miller on Facebook served the public interest and was done in the course of his official duties as a commissioner."  But that's precisely what Judge Shakleford's ruling (written by Doug's attorneys and signed by the judge, by the way) states emphatically--based upon the earlier ruling.

So it is fatally flawed in my opinion.  Fatally flawed.

Because to jump over our existing county policy, usurp our discretion and consideration, and never actually fully and completely answer the all-important two-prong Thornber test and instead simply say (and I'm paraphrasing) "Common Law dictates that a public official's legal fees be paid when such a public official is exonerated of the alleged misconduct that necessitated the payment for a legal defense in the first place" would require that the actual, alleged misconduct be adjudicated first.  And it never was--it was glossed over and not addressed.  Remember--It was eclipsed with a "blanket immunity" ruling.

So the seminal, open question that needs to be answered and has not yet been answered and ruled upon by any judge is this:  Is one commissioner's alleged act of libeling a white pensacola business owner and his company by accusing such a businessman of being a racist who is trying to injure physically

Perdido Key Roundabout: Over Budget and Construction Won't Commence Until After Peak of Summer Season....

A rendering of the proposed roundabut to be constructed at Perdido Key Drive and Johnson's Beach Road--from the Perdido Key Master Plan

I was recently informed about some issues with the costs/timing associated with the construction of the Perdido Key roundabout at Perdido Key Drive and Johnson's Beach Road.

Initially approved by the board at $850K this past January--the costs of the project have increased dramatically---by more than $500K---to now well over $1.3 Million.

Apparently, I'm told, outgoing D2 Commissioner Doug Underhill has already agreed-to and will be funding this additional $500K cost overrun----on top of paying for the initial $850K from his discretionary D2 LOST funds.  This funding source is what keeps the project going forward.

The other part of this roundabout equation is the timeline for construction.  It was supposed to be well underway by now----- but the completion date has now slipped also.

So after a recent conference call with administration and the engineering, acquisition, traffic and roads division--it was determined that the contractor who was awarded this work will NOT start the roundabout  project until after peak season of May, June, and July.  It is anticipated to begin after these busiest months on the area beaches, sometime in mid to late August,  and a maintenance of traffic plan is mandatory under the contract  and this will be enforced so as not to disturb the flow of traffic any more than is absolutely necessary.

more to come on this topic in the months ahead.

Saving the Perdido Key Palm Trees in 90 days--This Is How We're Going to Do It

There are a number of palm trees like this one in Perdido Key that have grown into the wires of the FPL poles.  So we are working a better plan now to fix this condition--- rather than sending out a team of "Paul Bunyons" to cut them all down in one day's time.

After I got a jolting, late afternoon email Thursday--I started asking a lot of questions about a plan to cut down about 70 palm trees on Perdido Key.  Literally--that was what was planned.  a team of tree cutters were going to cut them all down, all 70 of them, in one day, before March 26th.  And last Thursday was the first I was told about it.

So of course my reaction was no way!

And subsequent to my blog post on the topic blowing-up like a nuclear explosion--- I was contacted by the media and several HOA group representatives. 

Studio 850 even came out and walked the site with me and posted about it. 

Everybody is looking for a way to dramatically lower the number of trees that need to be removed.

FPL started out by sharpening their pencils and re-evaluating their list.  They have since that time sent over a revised list that has a lot fewer trees slated for removal.  The initial list from last Thursday identified 70 trees for removal, the revised list, below, has 27 trees---a reduction of 43 trees to be taken and representing a 62% reduction of what they initially planned.  That was a really encouraging development.

But I'd still like to tray and save them all.

So I've subsequently spoken to an arborist, two lawyers, our natural resources director, our county administrator, a local FPL representative, and several media outlets on this matter.

And now a plan is taking shape that will allow the county to work with the HOA's and FPL to save even more of these trees by taking the issue in three stages as follows:

1.) --allow adequate time for any HOA that wants to remove and relocate a tree flagged for removal by FPL to do so within 45 days.

2.) --allow 45 additional days for the county to remove and relocate any of these palm trees flagged for removal by FPL if the relevant HOA decides not to relocate such trees

3.) --finally, will allow for FPL to remove any palm trees left after the 90 days slated for relocation.

FPL is in the driver's seat on this issue--that's been confirmed and they have the right to remove, cut back, or clear areas where they have easements in order to protect their lines.

My site visit Friday clearly illustrated the fact that several of these trees are, indeed, tangled into the lines.

So the win win of this story is that we now all know there is an issue, we will have time to deal with the issue, and at the end of it we will save a lot of trees and FPL's lines will be clear.

Win win.

Now we just have to do it.

70th Coffee with the Commissioner this Wednesday at 6:30

Join us for our 70th Coffee with the Commissioner event this Wednesday, March 16. The live stream will take place from 6:30-7:30 a.m. To join the meeting, visit our D1 Facebook page here: www.facebook.com/CommissionerBergosh/. 

Attendees will include Interim County Administrator Wes Moreno; Public Safety Director Eric Gilmore; and Florida House Representatives Michelle Salzman, District 1, and Alex Andrade, District 2. Moreno will give an update on county business and Gilmore will share the latest public safety information for Escambia County. Representatives Salzman and Andrade will join us to give a legislative wrap-up, discussing the bills that were recently passed and how they will impact the citizens of Escambia County.

Residents are encouraged to send virtual questions and comments they would like to discuss during the event through Facebook. 

For more information, contact District 1 at 850-595-4910 or district1@myescambia.com. For District 1 updates, follow @MyDistrict1 on Twitter.

On AM 1370 WCOA's Real News with Rick Outzen Show Later this Morning

I'll be a guest later this morning, at 7:10, on WCOA's hit morning radio show "Real News with Rick Outzen"

I'll be Rick Outzen's guest later this morning on the area's #1 rated morning drive news radio show, "Real News with Rick Outzen."

Outzen attended last Thursday's committee of the whole, the singular topic of which was the county's jail and the deplorable condition this facility is in currently.  The focus of that meeting was the vetting of Administrator Wes Moreno's plan to correct deficiencies and chart a course forward to remove the current inmates housed in that jail out of that facility and into better facilities.

I'll discuss this topic and more with him on his show at 7:10 this morning on WCOA-and once the podcast is published , I'll post it here

Escambia County and PBA Reach Agreement on Record Setting Starting Pay and Salary Increases for Corrections Officers!

The Board of County Commissioners and the PBA have agreed to a pay increase package that provides current officers a 16% pay increase--- and makes our starting certified officers the highest paid officers in our region.

We have issues in our jail.  Everyone knows it.

Staffing, morale, and facility issues.

So we are working as hard as we possibly can to correct all three of these issues.

And a HUGE part of the equation, we are told, has been the pay.

So our administrator, Wes Moreno, at the direction of the board, recently completed a review and a revision of the staffing grid and allocations for the corrections division, which resulted in the ability to take back thirty positions, or FTE's, (of the nearly 100 vacant positions) in order to utilize these unspent funds for the express purpose of raising  starting pay and providing record-setting salary increases for existing corrections employees to address some of our staffing issues (and hopefully morale issues) as well.

We are working the facility issues simultaneously, on a separate track.

So the increases the removal of the 30 positions yields is as follows:

Starting pay for certified corrections officers increases to $45,000.00 yearly

For existing corrections officers, raises equalling about 16% were offered as well.

Late Friday evening, the PBA membership voted, nearly unanimously, to accept the BCC's offer.

This is great news, and hopefully now that our starting pay is higher than any entity in the area--including the state---hopefully we will be able to fill the vacancies we have in this division in short order.

Thanks to Administrator Moreno and the PBA for getting this part done very quickly.

Prisoner Moves from Old Jail have Commenced--239 Moved out Friday Afternoon

According to administrator Wes Moreno who emailed the following to all commissioners late yesterday afternoon.

"Good Afternoon Commissioners,

We have moved 239 inmates out of the old jail as of the writing of this email.

Please do not respond all.

Wes  

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android"

No WAY We Will Let Them Cut Down 70 Palm Trees on Perdido Key!!

Florida Power and Light has hatched a plan to cut down 70 palm trees at 13 locations on Perdido Key in District 1.  They'll only do this if we cannot legally stop them from doing it.  Oh, and I just found out about this yesterday afternoon at 5:00PM.  And I bet the residents don't know about this plan, either.  Yet.

NO WAY!!!!

That was my visceral reaction yesterday evening (actually that AND some choice words I've not included) ------upon hearing of Florida Power and Light's  FPL's iminent "plan" to cut down 70 trees on the right of way on perdido Key.  SEVENTY palm trees.

Not trimmed.

Not re-located.

Not re-planted with smaller palm trees.

Just cut down, unceremoniously, and hauled off.

I'm now being told they want to take even more, and are actively approaching private property owners requesting the ability to cut down many palm trees located on private property, as well.

Look, I get it that sometimes trees must be trimmed back to not interfere with transmission lines---we all understand that.  But to just say you're going to send out a group of lumberjacks on ONE day, and in this ONE day remove 70 trees without any kind of discussion over it first--yeah, that's not going to happen if the county has any legal means at its disposal to stop this.

I'm awaiting additional information--including any such legal means the county may have at it's disposal to prevent this action from occurring.  below is a part of some of a very nonchalant, matter of fact email chain I received from staff describing what apparently was just about to happen------late yesterday afternoon....

"Below is a list of addresses and tree count proposed for removal.  This work has to be complete by 3.26.22 (funding constraints).  They intend to start and complete the work in 1 (one) day."

Commissioner,

 FPL will be doing maintenance on Perdido Key Drive which involves taking down palm trees.... see specific addresses below.  These trees are in the public ROW.  FPL was also going to approach folks at the addresses to see if they could address any other trees which are hindering the lines...but they do have a deadline of 3/26/22.

Simmering Anger from a few Because We Were Able to #OpenOurBeach for All

There are a few that really, really, really, really, really, really, really, really, DID NOT want us to open Beach Access #4 on Perdido Key.  They lost, the taxpayers who own the property (you) won!

One week ago today we opened Beach Access #4 at Perdido Key.  It was a love fest--one of the most positive days I remember in my five + years on the Board of County Commissioners.

After 9 long years, we finally were able to #OpenOurBeach !!

Since that time, though, there have been a few folks who have tried to rain on the parade.  Like "Jones"....

"Bergosh:

Are you the moron that is responsible for opening up another access to the beach to let a flood of trespassers on to the beach?  This is going to allow every red neck drunk up and down the highway to come on to the beach and campout on private property that belongs to the folks owing homes on the beach These people using this access will not respect private property. If this does in fact pan out like I think it will I will find a way to make sure you are held personally $ accountable. I look forward to meeting you one day.  

-----Jones"

To which I responded

“Jones”

I’m the commissioner who pushed for, found the funding for, and fought against the special interests FOR opening this parcel of land.  The “Morons” (your term) are the ones who favored having a taxpayer-paid for, 300 foot parcel of gulf front property (purchased expressly FOR public beach access and habitat conservation) sit behind a locked gate with no trespassing signs keeping taxpayers out---- while nearby condo owners and others used and trashed the lot with litter and trampling walks up and down and all through the sensitive habitat-----all the while preventing the owners (the taxpayers who bought it) from using it for 8 years. Yes, those were the “morons” (to coin your pejorative term) that lost this issue, thankfully.Call me anytime if you’d like to discuss 😊  850-293-1459"

"Jones" didn't call........  And then I got this one from "Jeanette":

"...I just watched the YouTube Video you did at the opening of the new public access on Perdido Key and as a resident of Perdido Key was deeply offended.  Your comments regarding the “locked beach walkover” showed your complete ignorance of deeded beach access.  That easement has existed since the land was sold to the County and the walkover was paid for and maintained by private funds and those same private funds pay to clean that area of beach because the County does nothing..."  

 Both of these emails just oozed with disdain for the public, the taxpayers, the owners of this beach.  Just utter resentment that anyone else ought to be able to enjoy the beach.

Jeanette, of course, was wrong.  Her "deeded access" went away when the Sundowner South property was sold to the taxpayers.  They maintained "only" a 6' access easement for a walkover they owned.  But that did not give them permission to use the county's 300' of beach (which they did anyways, not surprisingly, as we didn't enforce a "no trespassing" on them as they always did to us).  What should have been mandated was that the access easement should have come with the stipulation that the walkover could only be maintained in place if it was left unlocked and accessible to the public.  That's what should have happened in 2014 to insure everyone could use that taxpayer owned beach--not just the folks at Sundowner North.  But it didn't---and that condo's occupants used our beach for 9 years when we couldn't, and kept their "walkover" locked with "no trespassing" signs affixed.  Man, what a comfortable status quo they negotiated:  a private beach paid for by the taxpayers where the taxpayers couldn't go.   So yes, Jeanett's assessment of "deeded access" was flawed--according to staff:

"Sundown North has “deeded access” to 6’ of beach between the Crab Trap and Beach Access #4. There are no additional rights for Sundown North residents over the general public to utilize the county property."

"...The County owns the 4.04 acre property on the Gulf front, south of Perdido Key Drive, which it acquired from the Trust for Public Land, which acquired it from Sundown Owners Association, Inc...The only recorded easements excepted from coverage in the County’s title insurance policy are Gulf Power’s.  There is a six foot strip that runs along the western boundary of the County’s parcel.  The County does not own this.  I assume that the Sundown condo owners on the north side of Perdido Key Drive retained the six foot strip" 

County Responds to Congressional Inquiry about The Escambia County Jail

 About a week ago or so, Congressman Matt Gaetz sent a letter to Interim Administrator Wes Moreno regarding some significant concerns he was hearing about the conditions within our jail.

This comes on the heels of several media outlets picking up the stories coming out of the jail.

This morning, Interim Administrator Moreno sent the below response to the Congressman.

On WCOA's Real News with Rick Outzen

 

I was a guest on the area's #1 morning drive radio program, "Real News with Rick Outzen" yesterday morning.  

We talked about last week's meeting and the important takeaways from the Thursday meeting.

In particular, we discussed the jail and the surprise turn of events surrounding Doug Underhill's complete reversal on the county's newly passed resign to run ordinance (Underhill went from staunch disapproval and vocal opposition to such an ordinance to actually voting to approve and making the motion to approve this ordinance.

This flip flop by Underhill has led to some significant consternation and infighting on at least one Facebook chat site.

Meanwhile, many of us simply believe he lost his place on the agenda and made the motion and voted for the ordinance because he was confused or didn't know at the time what it was he was moving and voting for.

Regardless, it happend.  And, if it was by accident due to confusion, such an admission would never come from Underhill, so far as I can tell.

It was a good conversation--Listen to the Podcast here

Big Media's Hair Will Be On FIRE if this Goes Through and Senate Passes HB 7049 (Local Government Legal Notice Reform)!

The bill to allow local governments to bypass archaic laws and rules where legal notices must be placed in local newspapers is now actually moving in the Florida Senate.

The house passed the bill already by a large margin.

The senate has now put the bill into a rules committee hearing tomorrow.  If it passes, it could go onto the Senate Floor for a vote before the end of the session Friday.

Collective media heads will explode if this passes---as they make a lot of cheddar off of counties and cities being FORCED to advertise with local papers ---while public notices could easily be made on the internet saving local governments MILLIONs of dollars yearly.

Ironically, as is the case locally, often times the local paper is openly hostile, overtly critical, and biased against the very government (s) that must pay to advertise with such media outlets.  So passage of this bill (it's a long shot at this point) sure would be sweet! 

Even though it is unlikely to pass the senate-- the media is terrified of this bill's passage---and what it would do to their print media's bottom line in the state.

All eyes on the senate this week.  From the county's lobbyist in Tallahassee:

"In an 11th-hour move, the Senate has scheduled a committee meeting Tuesday to take up a House bill that would make changes in laws about publishing local-government legal notices. The House voted 78-39 last week to approve the bill, which has faced opposition from the newspaper industry. The Senate had not considered the proposal during the legislative session that started Jan. 11. But with the session scheduled to end Friday, the Senate posted notice of a Rules Committee meeting Tuesday to take up the issue (HB 7049). If it passes the Rules Committee, the bill could go before the full Senate. The bill, in part, would allow local governments to publish legal notices on publicly available county websites if it would be cheaper than publishing them in newspapers. The Rules Committee also will take up a House bill (HB 861) about terms related to medical specialties."

Bear Trap Part III

 

The legal saga over a 401(a) plan's "legality"  will eventually be settled.  But for the clerk of the court and comptroller--either outcome produces a pyrrhic victory so far as I can tell.....

As I discussed via multiple blog posts way back in June  and August, respectively, of last year--the ratcheting up of legal wrangling back and forth by the Clerk's office really does not help the Clerk's case.

It's simple.  The 401 a plan is either legal for commissioners--or it isn't.

And a judge will decide this.

And then we can all move forward---- as the legality of the plan is and aways has been the seminal question that needs to be answered so far as I am concerned.

Meanwhile--a bona fide contract approved by the Escambia BCC has been terminated by the clerk (constructively) via her failure to uphold the terms of it by the withholding of payments stipulated within said contract.  That's what my issue is and has been from the beginning--I don't take the plan at issue but I jealously guard the powers, rights, and responsibilities of this board, just as constitutional officers like the clerk guard their powers, duties and responsibilities under statute.  The passive allowance of this unilateral decimation of a bona fide contract of the BCC by the clerk  is bad  precedent to set, outside the purview of the clerk, and in very poor form if----as many believe-----the contract and stipulations as to 401 a payments are in fact legal.

But again, that is now in the hands of  one judge and a bunch of lawyers, and now even more lawyers(with new lawyers signing up recently to jump on the clerk's side churning up legal bills, fees, costs and $$ invoices the clerk will likely ask us to pay--not unlike orcas and sharks churning the bloody water feeding on a decaying whale carcass  out  at sea....it's an ugly display.  Meanwhile-the legal team the county is utilizing has provided their service pro-bono).  

So yes the legality question will get worked out--some lawyers will churn fees and costs others are

Jail Issues Front and Center this Week

With the ongoing media spotlight on the jail, and in the wake of a congressional letter of inquiry on the matter---issues at Escambia County's Correctional facilities will take front and center stage this week.

The letter, addressed to the administrator and the sheriff, will be answered by administrator Wes Moreno this week.  The sheriff has already submitted and made public his response.

Yes, as illustrated in the pictures I have previously submitted in earlier blogs and am attaching to this post---the conditions within the old jail are unacceptable.  Yes, these are human beings and must be controlled in custody and care of our staff within safe and sanitary conditions.  Sleeping on the ground next to a stinking, leaking overfolwing toilet is something I never thought I'd see in Escambia County--I doubt you'd even find this in most third world countries  (see below)

Sadly, this condition is a reality.  Here.  Not in Guatemala, Honduras, Chad, or Eritrea--here, in Escambia.

And mold and filthy, non-serviced and maintained ductwork--to boot.  (see below).

So no,  I'm not interested in spending another nickel, not one red cent, on the old jail.  As I was directly quoted saying in Sunday's paper--I want to demo that facility and forget it ever existed.    Because it is past the point of salvage--and to attempt a temporary fix would be akin to using a band aid on a sucking chest wound.  Too many decades with feckless maintenance and care, and too many liabilities if we keep it open.  Mold.  Need I say more?

So we MUST move forward with that jail in the rear view.  ASAP.

To that end, our administrator will be bringing a plan for the board's consideration this week at our Thursday committee of the whole  (COW) meeting to do the following:

1. An action plan to, as quickly as practicable,  to move personnel and inmates from the areas where facility conditions are borderline unacceptable within our corrections department.
2. a plan to enact a near-term strategy to harden other existing county owned corrections facilities to safely allow the movement and relocation of all prisoners out of our old jail and into acceptable new buildings/spaces.
3. Utilize the $9 Million we (BOCC) have allocated toward old-jail repairs to quickly implement #1 and #2 above.

 

Additional guidance and information, as well as the way forward, will be discussed between staff, the board, and the administrator at the board’s committee of the whole meeting this Thursday, March 10^th at 0900.

Public Beach Access # 4 Opened Today!

 See the video of the event here, below, followed by a photo gallery of the event.  Today was a great day for Escambia County!

Photos below:

The Old Jail Must Come Down.....It's Time

It's time to demolish the old jail.

The cat is out of the bag now.  The old jail must come down.

I made quite a lot of noise about the unacceptable conditions in the jail two weeks back.  And the local media picked up the story from my blog and ran with it.

Now everybody is talking about it.  

But where are the members of the BCC on this subject?  

In listening to my counterparts on the board yesterday at the meetings on this topic--it is apparent that the sentiment of the majority is that we demolish the old jail and move forward with Administrator Wes Moreno's evolving plan to house inmates temporarily in other facilities which we are in the process of upgrading to accomodate this move.

Our new jail can hold 850 inmates. (Probably a hundred more than that with some minor adjustments)  The Road Prison can hold 200.  The county's work release facility on Fairfield Drive can hold another 400, and a facility we own and are in the process of taking back, a state work release facility on L street, can hold another 150.

That adds up to 1600-1700 capacity--and our average daily "census" of prisoners in Escambia County is 1500 or so.

With this as the scenario--we can move the existing inmates out of the unacceptable, third-world conditions of the old jail--and I'm not going to vote to spend another dime on anything at the old jail.  We have $9 Million earmarked for repairs to the old jail--but in the condition that facility is in at the moment-$9 Million won't add up to a drop in the bucket of what is needed to bring that facility back to useability.

It has simply been allowed to deteriorate due to poor maintenance for decades.

So now it's time to move forward with the new plan, empty the old jail, and demo it.

Then we can determine the long-term fix which will more than likely include bonding the cost(s) of constructing a planned "expansion" wing on our new jail.

County's "Resign to Run" Ordinance Passes Unanimously

Escambia County's Resign to Run Ordinance passed unanimously tonight--with Commissioner Doug Underhill making the motion to adopt and also voting "for" the passage of this ordinance.  And no citizens, not one, spoke in opposition to this ordinance's passage.

This evening at the BCC's regular meeting an ordinance was passed which addresses employee participation in elections for the County Commission.

Although the topic has generated no interest among the public--it had elicited much conversation from insiders, partisans, at least one (1) facebook chat/fanboy site, and entertainment radio talk show host Andrew "Tallman" McKay.  He, Tallman-McKay- even threatened to come to our meeting and "scold" us for even bringing such an ordinance.  He didn't show up to speak, though.  Nobody else did either.  Nope--no keyboard warriors, no Tallman Mckay, nobody.

And now the item has moved forward.  

The reason there was no pushback from anyone so far as I can tell, and that nobody spoke to the item at tonight's public hearing is  because such ordinances are ubiquitous in Florida. And everywhere else around America to boot.

But the truly amazing thing was this:

The motion to approve the ordinance was made by County Commissioner Doug Underhill.

Not only did he (Commissioner Doug Underhill) make the motion to approve the ordinance--he also voted "yes" on the item-which subsequently passed unanimously 5-0.