Next D1 Neighborhood Cleanup is Coming this Friday!

FDOT Moving Forward with Signalization at Sorrento and Doug Ford Drive

This particular traffic light is being very well-received by the residents with whom I have spoken and made aware of it's impending installation....

Who would've ever thought that a traffic light's installation could bring some much positive energy?

In many instances--a new traffic light brings angst, frustration, and disappointment--especially if it will slow down a commute.

This light is different, though.  This one is being praised by just about everyone that hears it is coming--because it will greatly enhance safety on one of the most dangerous, accident prone roadways in Escambia County--Sorrento Road.

Lately there have been many improvements made on Sorrento--to include rumble strips, blacktop repair, multiple intersection improvements, and freshly-painted lines.  Many of us believe the road needs to be a four lane road, and that project is with the TPO currently and has been bumped way up on the priority list for funding by the state within the last year.

One issue many of the residents of that area have clammored for is a light at the entrance to the Perdido Bay Country Club at Sorrento Road and Doug Ford Drive--the site of much congestion during the peak tourist season and an area where too many wrecks have occurred.

After many years of diligent requests from our office and from the County--the good news came about 6 months ago that this signalized intersection warrant was approved by FDOT.  Last week came word that the project has been designed and is funded and will be added to an existing project being completed on Sorrento Road right now.  The construction of this signal has begun, and will be completed within the next "few months"  according to the email I received last week on this topic, below:

"To All:

 Traffic Operations received the signed and sealed plans last week.  We are currently working with the contactor to incorporate the signal construction into the existing project.  Construction efforts should begin this month, which includes the procurement of the necessary equipment (mast arm, controller, signal cabinet, etc.) and could take a few months.  Please feel free to reach out to Georgina Acierto-Kent...to track the status of the signal installation.

 Thank You,

 Brian Pettis

Traffic Operations

Traffic Services Program Manager"

Replacement of ECFR Station #20 Is Quickly Moving Forward---but How Come Station #20 Was Closed in the First Place?

The frontrunner parcel for creation of the long-awaited, new ECFR Station #20, is just south of Hwy 98 on the East Side of Bauer Road.

It has been too long now, since the closure of ECFR Station #20 by Escambia County several years back.

A lot has happened since the closure in 2018 and today--including very tumultous contract/pay issues with the former sheriff, OLF-8 acquisition, Jail Rebuilding, Hurricane Sally, and the worldwide COVID-19 Pandemic--just to name a few.  And as it is with most things government--nothing happens quickly.  As an example:  The hurculean effort at building a modern fire station in Beulah to replace Station #2 in that community began in earnest in 2014, 9 years ago,  with former Commissioner Robertson.   I took the torch in 2016 and have championed that project ever since.  But it is,was, and has been a long road on that one.  Currently, it is under construction, named, and slated for opening in 2024.

But there is a stark difference between Station #20 and staion #2.  Which I will explain, in depth, below.

HOW DID STATION 20 CLOSE--AND WHY THE LONG DELAY ON A REPLACEMENT?

Just about one year into my tenure as the District 1 Commissioner, a meeting was requested with me by a former county administrator and a former public safety director to discuss the issues with ECFR station #20.  I was told the station needed to be closed due to a lease issue with the property's owner--combined with a lack of need for the small, under-equipped and infrequently utilized facility. (e.g. I was told the station had responded to an average of one structure fire per year in the previous 5 year period).  I was also told that an agreement could be made with the Lillian Volunteer Fire Department (just over the Lillian Bridge in Alabama) to provide emergency fire coverage/protection for the area that had up until then been served by ECFR station #20.  Being a new commissioner, I took them at their word, did not push back (after all, they were the subject matter experts and in the executive branch--I am in the legislative--so this was their call to make), and the station subsequently closed.  That's what happened.

And very little transpired on that specific topic over the subsequent 12 months.  But then, just about a year after #20 closed, when we had a new administrator, I started getting angry calls from residents about their property insurance skyrocketing and being "non-renewed" due to their "ISO rating" going up.  Adding to the angst--several calls for fire support came in to that geographic area and were not responded to by the Lillian Volunteer Fire Department. They didn't just not get there late--they didn't respond at all.  So it was a double whammy I didn't see coming at the time.  And looking back in time, to the meeting where I was told that station #20 had to close--I realized that the critically important impact to my constituents in that area---massive property insurance rate hikes and possible non-renewal of some constituent policies due to the ISO rating increasing--was never imparted to me in that meeting with the administrator and public safety director.  

Nope, I was not told about the serious, damaging implication the loss of our own fire station would have on the residents in the area via these massive insurance premium increases and subsequent ISO rating increases--which drive the cost increases for insurance.  Shame on me for not knowing that, but I did not know that as a first year commissioner.  But staff should have been honest with me and told me--because they knew the ISO rating would be implicated but failed to tell me.  Had I been told, I would have pushed back and I suspect they know that.  Staff has to be honest with the policymakers, and if they know something but fail to tell the legislative that funds such operations for whatever reason (expediency, hesitence to discuss a tough issue, whatever the case may be?)---it is akin to a lie, so far as I am concerned.  If you know and don't tell me, you have lied to me, period. 

Those two individuals are gone, and there have been multiple administrators and public safety directors since that time.  The current staff are very well aware and attentive to this matter--which is why this in now moving ahead.  More on that below.

But back to the history.  So after a new administrator was brought in in 2019, and a new public safety director as well, I pleaded with them to bring a solution to the station #20 issue.  That former administrator's response:  "Commissioner-there are lots of houses in the county that are not located within 5 miles of a station."  Okay, I understand that and on it's face that is a true statement.  The difference here is my constituents had a station, had coverage and a concomittant lower ISO rating, and the county PULLED this resource from them with no plan to replace it.  That is the difference.  And I feel as though I was deceived in the way it was done due to the important facts left out of that initial meeting's discussion:  ISO and Insurance imlications.

So from 2019-2020 I kept bringing the issue up.  The flaccid, slow-rolling response from the now former administrator was unnerving and infuriating.  It was on the back burner.  Heck, it took 8 months of agitation by me to get that administrator to get off the dime and provide necessary mattresses to the volunteer firemen at station 2 who were at that time sleeping on ROCKs as mattresses.  Every excuse under the sun about those delays.  I fianally had to threaten to take my truck and county credit card to mattress discounters and buy the mattresses myself.  Shortly thereafter, as if by magic, the mattresses were delivered to station #2.  

So yeah, I pressed that administrator about replacing #20.  We could do it at the southwest sports

Incorporation of Perdido? Part II--Questions and Answers

 

I attended the informational meeting of the “We are Perdido” effort the other night at Liberty Church in District 1.  I thought the event went well, the speakers did a good job, and the venue was comfortable.  The audio-visual system was very good.  A large crowd was on hand as well, to get the information.

Full Disclosure:  I am agnostic on this effort at incorporation; I am neutral.  This is a decision (whether to incorporate Perdido) of the citizens and residents and business owners of that study area and their decision only.  This is exactly what I told Channel 3 when they interviewed me on this very topic, and it is also what I told InWeekly reporter Tommy St. Meyer when he also recently interviewed me on this topic. Yes, it is in my district---but whether the effort to incorporate is successful or not—that won’t change.  It will still be a part of the county and in District 1. 

But I am going to study and examine every aspect of this initiative to learn all that I can about it so that I can speak to constituents with a more informed opinion when I am asked about this effort.  (I am already getting questions about this incorporation)

So, I came to the meeting.  I stayed for about 1 ½ hours and listened to the presentation.  I was particularly impressed with Lynn Tipton, the guest speaker from the Florida League of Cities.  She brought a power point presentation with lots of useful data to relay to the assembled crowed of about 250 or so.

At the end of the presentation, a brief question and answer session was held.

So, the next day I reached out to Ms. Tipton and had the opportunity to speak with her Wednesday evening about some additional questions I had.

I asked about additional revenue sources the new city, if incorporated, would be able to raise.

According to her, the city can receive a share county’s Local Option gas taxes if they take over the county’s roads within the city’s footprint.  At the meeting, one of the organizers stated in answer to a question about Perdido Key Drive that they would not be seeking to take over the roads and the responsibility for the maintenance and repair of the road.  So, this seems to foreclose Perdido’s ability to tap into those funds.  Tipton did mention that it is not uncommon for some cities in Florida to have county roads within their municipalities.

Other takeaways included the following:

--Parks, Boat Launches, and public beach accesses within this Perdido footprint would remain a part of the county—unless the new city negotiated to take them over and purchase them.

--Potential 10 Mill levy—while completely lawful to do for the new city (Pensacola levies over 4 mills on top of the county’s assessment)-- if the elected councilmen/women of Perdido voted to do this---as a practical matter according to Tipton this is highly unlikely as no Florida municipality has levied this high a number on the citizens served because there is an unacknowledged “cap” where if a certain percentage is levied all the councilpersons get voted out.  People don’t like ad valorem tax rate increases.

--How Much will 1 Mill equate to when applied to We Are Perdido’s self-identified  taxable value of $3.5 Billion?  It appears, stripping out the school board tax and only applying the county’s, the Sheriff’s, and the library districts combined rate of 7.6605 mills---that each “Mill” of value will be approximately $3.5 Million. (Or an easier calculation to make to determine the value of just one mill is to take the total taxable value and either divide by 1000 or multiply by .001.  1 mill = $3.5 Million)

--How would the new city tap into the county’s ½ cent sales tax and 8^th cent gas tax revenues?  The new city would have to qualify to tap into these funds through the Department of Revenue by raising an amount of revenue the equivalent of at least levying 3 Mills to the taxable value of the property within its footprint.   Meaning in order for the fledgling city to tap into the ½ cent DOR revenue and 8^th cent in gas tax---important revenue sources to the city because these revenue sources are bondable---the new city would need to show DOR new revenue generation  of $10.5 Million (3 Mill equivalent) via ad

Redacted Complaint....Someone Wants a Windfall Payday, Part II

Someone's is looking to score a payday.  Ka-Ching!

Sunday afternoon I made a post about a Federal Lawsuit filed against the county by the former Medical Director.  I requested the County Attorney's office make the appropriate redactions so that the document could be published.

This latest complaint is the second amended complaint to an initial complaint filed by this former employee in May of 2020--with freshly-added allegations and insinuations and minus one of the original lawyers out of Louisiana and plus one new lawyer from Pennsylvania named "Darth."   No, not Darth Vader. (or Darth Maul)

Some of the allegations are unnerving, and as I described in my first post the data collection effort will be huge--given significant staff turnover and the changing of EMS billing software systems in the time period covered under the second amended complaint.  Additionally, the first filing was centered on alleged retaliation and the county's alleged performance of care by unlicensed, uncertified personnel--whereas this amended, second filing zeros in on the ambulance transportation allegations (that the county overcharged the Federal Government for services by coding 98% of ambulance transports as emergency and not routine--which pays a higher reimbursement to the county)

So this second amended complaint expands the allegations of the first.

I am not aware of any coding abnormalities or anomolies but we will see what the data shows.  And as I mentioned in Sunday's post- It remains interesting and fascinating to me  that she, the former medical director, was essentially in charge of this department for a multi-year period---and among all the drama, requests for training, requests for other things, bigger budgets, "we must have Rescue 1" etc. and even more drama-rama complaining--I don't recall this medical director once, not once, letting the board know she saw a problem with the billing/coding.  Not once.  She came to meetings, she complained about everything EXCEPT anything having to do with the billing.  So she was in charge, never mentioned this as an issue, and is now suing for this issue?

I have asked staff about the coding issue and requested information and will be following this very closely.  I'm told at least one staffer is bird-dogging this issue in dedicated fashion to allow for the county's attorneys to get relevant information in order to answer this complaint  by the 10th of February.

Way more to come on this....

I'll be on 1370 WCOA's "Real News with Rick Outzen" Tomorrow at 7:35 Recapping Last Week on the BCC

I'll be on Rick Outzen's News Program tomorrow morning at 7:35

 I've been invited to appear tomorrow morning at 7:35 on the area's best, most informative, intelligent, and entertaining morning-drive news talk show-"Real News with Rick Outzen" on the area's best news station, 1370 WCOA.

The topic of conversation will be issues of interest last week in the County-including topics from our meeting Thursday morning.

Listen in at 7:35 or catch the podcast later in the day.

Once Rick posts the podcast, I will publish it here.

Accusations, Insinuations, Allegations and a Federal Qui Tam Lawsuit from Former Medical Director....Someone is Looking for a Payday!

 

Someone is looking to score a payday!

The board was made aware late last week of a recently filed complaint against the county in Federal Court.  This complaint is being made under the Federal False Claims Act.  The allegations and insinuations are numerous and wide-ranging.  Everything but the kitchen sink is thrown into the complaint--which initially was filed under seal with the court back in September of last year.  Like a Jackson Pollock--stuff is thrown all over the place in this filing.  like spaghetti all over the wall....The Angst oozes from the pages of the complaint (currently being redacted in the legal office) which I will post once it is scrubbed of any sensitive, HIPPA or other confidential information which cannot be released.

I've read all 58 pages.  

It reads like the manifesto of an angry, scorned former employee short on facts and long on allegations and requests for data--which is probably why the Federal Government took a "hard pass" on joining this suit. I'm sure the former medical director and her Miami and Pennsylvania lawyers were hoping the Feds would join--but they didn't.  Which may be telling.  Language like this, below, directly from the complaint--sounds a lot like a "fishing expedition"...

"With respect to allegations made upon information and belief, Relator has, based upon Relator's knowledge, data, and prior experience, a reasoned factual basis to make the allegations herein but lacks complete details of them. While Relator has significant evidence of the fraud alleged herein (the details of which follow), much of the documentary evidence necessary to prove these allegations is in the possession of Defendant.."

Meanwhile-the staff that remains in billing and EMS will have a Herculean "Data call" coming:  They will have to compile the billing and call coding information from different billing systems over a long period of time where multiple personnel have come and gone over the timeframe indicated (2014-2020).  Multiple EMS and Public safety employees, multiple budget directors, multiple EMS and public safety directors, three IT directors, and at least four current and former Interim and permanent County Administrators have been employed over this time.  

When this was dropped on the legal office's lap just last week-- on January 18th-- by our Insurance-company assigned Law Firm--we were given only 9 days to answer this nearly 60 page complaint--even though our "insurance company assigned attorneys" knew about this complaint since November.  so there are issues with that, too, that I'll get to in some additional, follow-on posts.....meanwhile, we have subsequently received an extension which will allow us until February 10th to file a response.  But as it pertains to the allegations, this post will be about that.

In a nutshell, the former Medical Director has teamed up with a couple of  Lawyers to accuse the county of systimatically, purposely and illegally over-billing the government for EMS transportation services provided in our county over nearly a seven year period.  In addition to that, they are claiming the county billed for ALS services while only providing BLS services.  They also claim some of the personnel were allegedly not certified properly for the reimbursements requested.   The allegations are all listed one by one after a narrative that names a lot of names and lists a lot of serious allegations these individuals are alleged to have engaged in during the course of their employment with the county. (Interesting that most of the individuals named are no longer employed by the county, and the "sinister allegations" made in this complaint do not mention the fact that the lion's share of these employees have now moved on with their respective careers elsewhere after  disproving or settling the allegations of this former medical director hurled at them. I do not believe any of these individuals named in her complaint has been adjudicated guilty of her allegations.  Most of these allegations and charges have been dropped and settlement agreements made allowing these former employees to all to continue their careers in public safety).  

The most interesting thing about this suit is that if successful, the plaintiff (former medical director) and her lawyers can collect a portion of the fees owed to the government--which could amount to a lot of money if every allegation is proven--because Qui Tam complaints, I'm told, allow folks to sue on behalf of the government. If successful, a finding can be made forcing a party (in this case the county) to repay the government and the complainant.  Looks to me like someone is looking for a payday!  Ka- Ching!!

Interesting to me is the fact that she, the former medical director, was essentially in charge of this department for a multi-year period---and among all the drama, requests for training, requests for other things, bigger budgets, "we must have Rescue 1" etc. and even more drama-rama complaining--I don't recall this medical director once, not once, letting the board know she saw a problem with the billing/coding.  Not once.  She came to meetings, she complained about everything EXCEPT anything having to do with the billing.  So she was in charge, never mentioned this as an issue, and is now suing for this issue? Why is that, I wonder?

Too many questions.....

Much more to come on this in the days, weeks, and months to come.

Initially, I'm told at least one employee intimately familiar with the coding and billing issue has stated unequivocally that the allegations are untrue and that coding was/is always done conservatively--meaning the lower cost transport was the default billing unless it is/was known that the call was an acute call which bills at about $100 more than the rate for a routine transport.  But the county's staff will have to compile reams of data in order for a defense to be constructed and prior to a cogent response being drafted to this wide-ranging complaint.  Staff will have their work cut out for them over the next three week which will go by quickly.....

From the complaint:

"1.            Plaintiff-Relator Dr. Edler brings this False Claims Act Complaint on behalf of the United States, and on her own behalf. 31 U.S.C. §§ 3730 et seq.

2.             Medicare and other government programs pay for certain necessary and reasonable medical services, but services are not reasonable when they are performed by uncertified and unqualified personnel. Escambia County knowingly filed claims for medical services performed by uncertified and unqualified personnel.

3.            Further, Escambia knowingly filed claims for emergency transportation when it provided non-emergency transportation, and it filed claims for advanced life support when if provided basic life. These up-codes are false claims."

Neighborhood Cleanup Coming to D1's Avondale Neighborhood this Wednesday!

 

"Tom" Unloads a Racist, Anti-Semitic, Homophobic Rant on Staff Directed toward the BCC (Warning: Unedited and Uncensored)

 

An angry, unhinged individual called staff last week in a rage.  That's putting it mildly.  I heard about some of the language he unleashed on administrative staff, and he even left some of this disgusting, racist garbage on Administrator Wes Moreno's secretary's voicemail.  Of course I requested the recording.

Wading through the tirade of expletives, racist, anti-semitic, and homophobic bombs in his recording a couple of times--it appears as if this individual is upset with the recent decsision by a county board to deny an alcoholic beverage license to the owners of an arcade in District 3, due to the close proximity of a day care center nearby.  The media covered this issue and the reasons for the eventual denial.

But how does our following our codes and ordinances devolve into "Tom" leaving such a hate-filled, demented, angry, and unhinged voicemail in addition to his berating staff calling them, and I quote, "F#$%ing Secretaries"---well your guess is as good as mine.  Our office has had a few of these over the years.  This individual actually left his name.  I'm not printing his last name, but his first name is "Tom."

Folks need to know that there are folks like "Tom" out there that we deal with as commissioners--via email, voicemail, and sometimes even in person.  Some folks out there are volitile.

You can listen to the recording, here, if you are so inclined.  (Warning: this is an actual full recording of a voicemail "Tom" left with the county.  It is unedited and uncensored and contains language and name calling that is disgusting and racist, homophobic, and anti-semitic)

Multiple Phased Approach Needed to Curb Gun Violence Locally....

 

Yesterday evening, 11 locally elected representatives and one local pastor as well as the Pensacola Police Chief met at the Brownsville Community Center for the second Sheriff’s Roundtable on Gun Violence.  The event had about 50 citizens from the area in attendance, as well as multiple media outlets and various office staffers.

About a dozen speakers addressed the panel.  Various ideas/topics were broached.  The overall theme from the citizens was that areas of poverty produce the violence—so anything that the local governments can provide to such areas will help stem the tide of the gun violence we have seen.  Jobs, infrastructure, more programs for youth, and more police patrols were some suggested solutions.  In a nutshell—more services and money invested is what most of the speakers wanted to see.

After public forum concluded--each of the panelists spoke and described recent actions their respective organizations have taken to assist with this problem.  The group ended the discussion after about an hour and forty minutes, settling in on the idea that the entire panel would descend on one neighborhood and bring all the available services from each represented entity to this one area in a “blitz” of the neighborhood --for lack of a better term.  I fully support this, although we will see if such an initiative carries over and has staying power long term to help curb gun violence.  It will take events like this combined with much more, to turn the tide.

For my part, I offered specific, tangible ideas I would fund, and ideas for which I would advocate, built from the comments I made at the initial meeting where I described the current violence (as well as other social ills we see) as a symptom of a much larger issue—the complete breakdown of the American Family, acute in areas where we see extreme levels of violence and crime.  No families, no fathers, no religion, cultural acceptance of dysfunctional conduct, and NO guidance for too many youths growing up in the cesspool of a cultural meltdown with such children being “raised” by the entertainment industry’s products promoting the glorification of violence and antisocial behavior. 

I believe the issue is massive and will take a holistic, wide ranging set of  short-term, medium term, and long range approaches to turn.  It will take decades.  It takes families, and it takes fathers.

In Pensacola, as in other cities, we see a significant amount of gun violence that manifests from areas of generational social dysfunction and poverty.

Sheriff Chip Simmons has sponsored  community roundtables to allow us (local leaders) to brainstorm practical solutions.  At the first such roundtable meeting heldlate last year—a large and diverse group of community leaders, pastors, law enforcement personnel, school district leaders, and other elected officials got together to discuss the problem with an eye toward solutions.

And the sheriff was direct in asking for ideas and tangible solutions that could be implemented by each participant within his/her individual sphere of influence.

Yesterday as we met again, we interacted with one another and the members of the community that came to the event to have their voices heard.  I left my suggestions, below, with the Sheriff,----- and I described a few to the panel.

No easy, fast solutions exist short of martial law in some crime-ridden areas and the construction of more jail space—but if we have the courage to identify the real root causes and begin to work on these big issues that drive the dysfunction—we will see improvement over time.

But it takes decades to fix what has taken decades to unravel and devolve.   My proposed, initial list of suggestions below:

 

Incorporation Information Session this Monday at 7:00PM

A Great Day Downtown Celebrating the Legacy of Dr. Martin Luther King, Jr.

After an extended absence due to the COVID 19 Pandemic--the Pensacola parade in honor of Dr. Martin Luther King, Jr., resumed today.

There were marching bands, numerous floats from multiple community organizations, the Sheriff, the Mayor, State Representatives, City Counselmen and women, and four of the five Escambia Commissioners participating.  There were local companies, national entities, media, and all kinds of throws flying through the air--beads, footballs, moon pies and stuffed animals.

Smiles abounded--everyone was happy and it was great to be a part of the celebration.

The crowd was large, diverse, positive and energetic.  There were young and old alike on hand, and it was all in all a fantastic day to celebrate the great legacy of an American Icon, Dr. Martin Luther King, Jr.

Glad to see this parade back in downtown.

Trash Dumped along 9-Mile Road--and other Area Roadways--Remains a Chronic Issue

I've been contacted by numerous constituents now about the trash lining the roadways on District 1.  Specific areas include the south side of 9-Mile Road from I-10 to Beulah Road, Mobile Hwy from Hwy 90 to Pine Forest Road, and Sorrento Road and Blue Angel Parkway in the southern portion of D1.

I have called the state's contractor via staff and my office numerous times about the issue--however the problem remains a chronic one.

Several local groups are now voluntarily going out and picking up trash along the roads adjacent to their subdivisions.  I have spoken with county administration and we will provide bags and rubbish "grabbers" for folks willing to do this.  Just contact my office at 850-595-4910 and I will get your contact information to the appropriate staff personnel who can provide these items.

But it is a sad commentary on our area that this continues to be a chronic problem.

I walked the southern side of 9-Mile road from Beulah Road to the I-10 onramp at exit 5.  What I saw was disgusting.  I filmed what I saw on a Facebook Live video along part of the route.  From an email I sent this morning to staff and the state's rubbish collection contractor, Ferrovial Services, this morning:

..on yesterday’s walk I saw full bags of garbage, more than 100 plastic bottles, fast food bags/cups, cardboard, pizza boxes, and beer/soda cans lining the south portion of the roadway by the sidewalk and in the culverts.  I also saw a couch and mattress dumped over the bridge to the banks of the 11 mile creek below.  Additionally—it appears as someone has also thrown large piece of wooden cabinet into the creek. (The north side of the road, directly adjacent to Navy Federal Credit Union’s campus, did not appear to have the same problem and looked clean.  I’m assuming they have their own crews cleaning their side?)

 So that I can be more well-equipped to handle constituent complaints and questions on this issue specifically going forward-can you let me know the following:

1. How frequently your crews clean trash along 9-Mile Road, Mobile Highway, Blue Angel Parkway, and Sorrento Road? (primary D1 roadways the state maintains)
2. Are you the appropriate person/entity to contact for this issue?
3. Are the mowing crews also under your contract?  (I ask because I saw numerous examples of boxes/plastics/signs that appeared to have been “run over” by the mower instead of simply picked up.  This results in “confetti” of trash all over the area which looks even worse.)
4. How soon can your teams of employees clean this area of 9-Mile road specifically?

 Sorry for the length of this email and the direct nature of it.  But what I saw yesterday was, to put it simply, appalling.  I know the state spent millions of dollars creating this four lane road and sidewalks—which the constituents I serve greatly appreciate.  I hate to see it in the state it is in currently"

District 1 Neighborhood Cleanup Tomorrow in Bellview

Join us in keeping our neighborhoods clean and safe! A neighborhood cleanup for residents in Bellview will take place on Friday, Jan. 13. This is a chance for residents to dispose of items such as old furniture, appliances and household waste free of charge. Yard debris is eligible for removal during this cleanup. 

Only residents in the designated cleanup area can participate in the neighborhood cleanup. Please have all items for pickup at the curb by 7 a.m. on the day of the cleanup. Items left at the curb outside of the cleanup area will not be collected. 

If you live in the targeted area, you will have received a postcard in the mail with more information.

Items eligible for removal include:

• Household appliances and electronics
• Household junk and debris
• Bicycles and toys
• Old furniture and mattresses
• Barbecue grills
• Household hazardous waste (old paint, motor oil, chemicals, batteries)
• Tires (limit 10 per household)

Items NOT eligible for removal include:

• Building materials (concrete, bricks, blocks, roofing, drywall or lumber)
• Explosives or ammunition
• Auto parts
• Dirt or sod
• Vehicles or vessels
• 55-gallon drums of fluids

Not sure if your item is eligible? Contact Max Rogers, Development Program Manager, at 850-595-3499 or mprogers@myescambia.com for questions about the cleanup.

Since 2016, more than 5,469 tons (10,938,000 pounds) of waste have been disposed of through the Community Redevelopment Agency's Safe Neighborhood Program. During neighborhood cleanups, crew members and volunteers visit different neighborhoods in the county to remove a variety of debris and waste free of charge.

Learn more about neighborhood cleanups here. Follow Escambia County on Facebook and Twitter for updates about neighborhood cleanups and other community events.

County Attorney's Response to the Clerk's Non-Payment of a BCC Approved Expenditure.

This item should have been paid three months ago....Why wasn't it?

I wrote extensively last week about what I felt was an unnecessary, unprofessional withholding of payment by the clerk's office of a duly approved and voted-upon item by the BCC.  The County Attorney has now sent the below response to the Clerk and her attorney to address this failure to make the payment.  Hopefully, payment will be made without ANY further delay, as it should have all along....From the email:

"First, let me express how extremely disappointed I am that you did not extend the courtesy at the earliest opportunity to advise of your concerns with this expenditure relating to Mr. Selover’s attorney’s fees and administrative fine.  As you know, the Board voted to authorize this expenditure at its October 6, 2022 meeting. Since then, more than three months have passed, and until now, you have not contacted me regarding this matter.

 Pursuant to Fla. Stat. §125.17, the Clerk shall make payments as directed by the Board of County Commissioners.  The Board is the elected legislative body that determines what expenses serve a public purpose and, unless illegal, those payments shall be timely made.  Under home rule authority, it is not necessary to demonstrate specific statutory authorization to make payment; instead, upon legislative authorization, payment shall be made unless illegal.  While you have provided statutory authority for payment of public officer and employee attorney’s fees, that authority is clearly not preemptive or exhaustive as illustrated by the common law theories regarding those expenses.

 There is no authority of which I am aware finding the payment of attorney’s fees or a fine illegal or inappropriate.  To the contrary, there is a strong public policy in favor of financially supporting public sector employees who become engaged in legal jeopardy arising out of their public sector employment.  To not defend such employees would discourage public employment as such employees are often asked to perform duties that are subject to legal challenges for various reasons.

 Mr. Selover’s attorney’s fees and the fine at issue were associated with an administrative action, rather than a criminal proceeding, that was directly related to his employment with the County.  The settlement agreement made no finding of grossly negligent conduct, bad faith, malicious purpose, or willful and wanton disregard of human safety.  Moreover, the settlement was entered into for the purpose of effecting an expeditious resolution rather than incurring the costs of a lengthy proceeding. 

To require a public employee or former employee to undergo an evidentiary hearing to avoid a fine instead of entering into a settlement agreement as a condition for authorizing payment is contrary to the public policy and would, undoubtedly, result in unnecessary expense.  It is also relevant to note, on occasion, the County must pay fines or penalties assessed against the County, whether arising out of the actions of its employees or otherwise.  Thus, assuming proper legislative action, it stands to reason that public funds may be used to pay fines assessed against a public employee when those fines arose out of his public employment.

 Additionally, although you have not communicated any concerns, it is my understanding the Clerk has not yet processed payment of Kate Kenney’s attorney’s fees, which the Board voted to authorize on  October 20, 2022.  I assume the issue of expenditures for fees or other expenses incurred by Public Safety employees was the subject of Ms. Childers discussion with the JLAC auditors after our meeting on Friday afternoon.  If so, I point out that only the elected legislative body can make a legislative determination as to what serves a public purpose.  That said, if the auditors provided specific advice on this issue then it should be shared between our agencies in the unified effort to perform and accomplish the public’s business. 

 Thus, I respectfully request the payment authorized by the Board on October 6 be processed as expeditiously as possible."

 

Why Has This Not Yet Been Paid by the Clerk?

 

Why are our payments being "handcuffed" by the Clerk?  Lawful payments voted upon by the BCC must be made, in timely fashion, by the clerk.  The ridiculous, vindictive, and petty scrutiny combined with the failure by the clerk to honor and make lawful payments approved by the BCC--or at a minimum immediately notify us that the payment would NOT be made-- is not only unprecedented--it is unscrupulous and unprofessional in my opinion.

On October 6th of 2022---more than three months ago---the Escambia Board of County Commissioners voted-by a 3-1 margin-to pay admisistrative costs and fees resulting from the former Escambia County Medical Director's witch hunt directed toward one former employee.  This wronged former employee was forced out of county employment and his reputation was maligned by multiple staff members-- including the former medical director-- and he was left with very few options. So in order to continue his career and maintain his paramedic's license (and to save what could have been years and hundreds of thousands of dollars in legal fees that the county would have had to pay on his behalf) he took a settlemet deal with the state.  

We (BCC) previously had to pay this same wronged  former employee, Matt Selover,  a six-figure settlement due to the deplorable way he was treated by his supervisor at that time, the now former medical director.  And the mistreatment of this former employee was not just at the hands of the former medical director;  all levels of admin from HR all the way up to former Administrator Janice Gilley left Matt Selover hanging out to dry and sold him down the river like yesterday's garbage.  And his 13 year career was ruined.

It was the metaphorical equivalent of a ship's crew celebrating on the deck of the ship, sipping champagne, while a deck-hand crew member was drowning just off the ship.  And instead of throwing their shipmate a life vest---this crew threw him an Anvil.  That's how Matt (and several other former EMS employees, I might add) were treated.

And the taxpayers paid the price and the BCC picked up the pieces and a huge settlement was paid.

So putting a button on it--I brought forward the agenda item on October 6th to pay the final penalties levied against former employee Selover---to completely make him "whole" and cover the remaining associated fees and costs to the state ------considering the deplorable way he was treated by the former medical director, the former county administrator, the former HR director, and numerous others. This payment would  allow him to continue on with his career elsewhere----which thankfully he has now been able to do.

The item passed the board 3-1.  (See the discussion and vote beginning at 3:17:41 of this video)

Moreover, the board also ---at the same meeting ---affirmatively voted that along with funding the payment--- we were also making a legislative finding that the payment served a legitimate public purpose.  

So, I thought that chapter was finally behind us. Everyone else did as well.  It should have been.  Case closed.

Or so I thought.

Late last week, however, I was told that even though the board voted to pay the $6960.02 in state fees more than three months ago-----the clerk of the court, Pam Childers, had not yet made payment.  Worse yet, I received word on Saturday that the clerk's lawyer, Cody Leigh (who was actually at the meeting on 10-6-22 when the vote was made to  make this payment and who said nothing that night or in the weeks and months following the vote) has now stated he feels the payment is "not authorized."  

From clerk lawyer Cody Leigh's email on 1-6-2023.....

"Upon review, I am unable to find any authority supporting payment of county funds to satisfy fines and costs (i.e. costs for prosecution and investigation) arising from an administrative enforcement case.  By extension, the fees in pursuit thereof would similarly be unauthorized.  I am aware of provisions in chapter 111 authorizing expenditure of funds in certain actions: § 111.07, Fla. Stat. (2022) (county authorized to provide an attorney to defend any civil action); § 111.071, Fla. Stat. (2022) (county authorized to pay final judgment, compromise, or settlement arising from complaint for damages or injury); § 111.072, Fla. Stat. (2022) (county authorized to self-insure or expend for liability insurance in order to pay expenses pursuant to § 111.07).  Similarly, I see there is a common law right to representation for public officials in defense of litigation arising from the performance of official duties."

What?!?  

It is completely appropriate---- and authorized under law---particularly after the vote that the BCC made.

But if he had issues with it--why did Leigh wait three months and sit on the payment?  Why did he not say one word at the meeting as the board pondered and thoughtfully considered this issue for several minutes prior to voting on it?  Why did he sit there like a wax statue?  Why didn't he and his boss Pam Childers not say right away that they wouldn't make the payment?  Why did they throw this on the back burner and not tell us?  Why wait until folks start asking "where is the check" to say they feel it is "not authorized?"

Why the gamesmanship?

Why hold out--this is now going on four months unpaid?  Why withhold payment--unless the object is to inflict more pain and agony on the former employee now vindicated of all the garbage accusations made against him---just wanting to move forward with his life?

If on 10-10-2022---only 3 days after the BCC voted to approve the above payment---the clerk had an issue paying it---why did her office wait three months to let us know they WOULD NOT PAY while everyone else thought the payment was processed?

I'm not happy about this turn of events.  And that is the polite way I'll put that.

Our attorney believes the payment is appropriate.  She signed the voucher, above.  The BCC voted to make the payment. There is NO reason this payment should not have happened in October or November------months ago.

I certainly hope this is not some weird spillover from the current litigation between the BCC and the clerk over retirment plan contributions.  I hope one thing isn't related to another.  Is this related to the hearsay that someone called her the B-word?  What, are we back in Middle School?!?  I hope not, and I certainly don't want to do business this way.  We approve the payments, she is supposed to pay the check, period.

Do a job.

Now, apparently, we are in some weird twilight zone where some things we vote to approve are going to have to go through some ridiculous, unnecessary, additional layer of scrutiny in order to be paid in timely fashion--if at all.  And if there is a perceived "problem" with the payment--we aren't going to be told either--it will simply twist in the wind and we'll be blissfully unaware.......

Immature, ridiculous, unnecessary, and uncalled for.

I'll post our attorney's response to this ridiculous hold up, here, once I receive it.  If this payment is not made in timely fashion, I will bring an item to our next meeting to discuss this and every option we have at our disposal (including and not limited to another mandamus filing in the circuit court) to compel the clerk to set aside her hard feelings and do her job and make this payment.

We approve the payments, she writes the check and pays.  It's very basic.

Much more to come on this.

79th Coffee with the Commissioner:ECUA

Join District us at our virtual 79th Coffee with the Commissioner event Wednesday, Jan. 11. The live stream will take place from 6:30-7:30 a.m. To join the meeting, visit our Facebook page here: www.facebook.com/CommissionerBergosh/. 

Attendees will include County Administrator Wes Moreno and Public Safety Director Eric Gilmore. Moreno will give an update on county business and Gilmore will discuss public safety matters. This month's special guests are Bruce Woody, Emerald Coast Utilities Authority Executive Director, and Vicki Campbell, Emerald Coast Utilities Authority District 1 Board Member. The discussion will center around upcoming ECUA projects, challenges with recent cold weather, issues with aging underground systems, recycling and more.

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

We Need to Bring Back the New Year's Eve Pelican Drop to Pensacola!

 

The Red Clay Strays put on an AMAZING performance at this year's "Moon Pies over Mobile" New Year's Eve event--but why didn't Pensacola have an event for our community and for visitors to our area?

After having attended the Mobile, Alabama "Moon Pie Drop" for New Year's Eve last week--I naturally wanted to ask about why we stopped doing the "Pelican Drop" in downtown Pensacola yearly for New Years..

Because over the years I have attended numerous "Pelican Drop" NYE events in Downtown Pensacola.

I've seen great bands right here downtown, including Andy Grammer and The Band Perry.

And I enjoyed them.  

So let's bring them back!  Let's do it here in Pensacola! That was what I said at last week's meeting, and it was picked up by the media and so far most with whom I have spoken agree:  We need to bring back the Pelican Drop.

Full disclosure though--I attended Mobile's event and my wife Sally and I had a blast!  It was great, we had front row seats to great shows by the Red Clay Strays and Third Eye Blind.  We had great meals, a great hotel, a fun night, a great breakfast the next morning--and overall a great time.

But I'd much rather spend my money in Pensacola than Mobile.  And I know we can do it better locally (even though the MPD had a HUGE presence at the Mobile event)--with fewer fights and certainly no mass shootings.  

3rd Eye Blind lead singer Steven Jenkins addressed the Mobile, Al crowd at last week's "Moon Pies over Mobile" celebration on New Year's Eve.  He commented on his late plane arrival and also his breakfast earlier that morning at Mobile's "Ruby Slipper" restaurant.  He also commented on his positive experience in the south and in Mobile--stating he was amazed at the great hospitality and warm reception he received.  Shortly after he made these comments, sadly, Downtown Mobile  (two blocks away from the concert) had a mass shooting with 10 shot and one killed.......

So I am going to pledge up to $10,000 dollars from my discretionary funds to ensure we can bring this celebration back to Pensacola.  I'm going to work all year with my counterparts on the board and at the city, as well as the downtown improvement board in order to make this happen.

We will have a celebration in Pensacola to ring in 2024.  That's my prediction.

Because it's ridiculous that we don't do anything for NYE.  

We can, we've proved we can do it well, and we should.  Let's do it here and give folks the opportunity to spend their money here rather than travelling to Mobile or New Orleans--or anywhere else!

I'll Be on "Real News with Rick Outzen" Tomorrow Morning at 7:10

I'll be on the most listened to, highest rated and best area morning drive news/talk program, "Real News with Rick Outzen" on AM 1370 WCOA tomorrow morning at 7:10. 

 

I've been invited to appear tomorrow morning on the Pensacola area's #1 rated, most listened-to and best and most popular morning drive news/talk radio show- "Real News with Rick Outzen" on AM 1370 WCOA.

We will discuss the BOCC meeting from last Thursday evening, and some of the important issues we voted forward at that meeting, including: Approving a $5 Million Dollar boat launch-park in D1 on the lower Perdido Bay, approving a park in D4 at the headwaters of Carpenter's Creek, and the future of the effort to eliminate the looping exit off of I-110 south to Gregory Street.  We will more than likely also discuss the recent news about the effort to bring back the New Year's Eve Pelican Drop to Downtown Pensacola in 2023/2024--and also--------the legitimate, voted-upon, legal, and now disclosed BCC expenditures that are not being paid by the Clerk of the Circuit Court Pam Childers.

It will be a great discussion.  Tune in live at 7:10 or check back here for the podcast which I will post once Rick publishes it.