Professional Traffic Analysis of Perdido Key Roundabout's Performance is Completed-------So What Does it Say?

The study for the Perdido Key Roundabout, pictured above, comes with analysis, data, and recommendations.

I am now in receipt of and am going through, meticulously, the professional traffic study analysis of the Perdido Key Roundabout in District 1.

I requested it in the face of mounting displeasure by the residents in Perdido over this traffic feature that was meant to assist with traffic flow and safety--but that instead has apparently exacerbated the traffic problems out on Perdido Key.

Staff has sent me the full report, which I will be presenting in detail at a town hall meeting in Perdido to be held Monday, Sept. 18th at 6:00 PM.

With the report, staff also provided their initial thoughts and recommendations, which I will consider thoughtfully as we find a way forward on this issue.  

From the email:

Commissioner,

 Attached is the report submitted by HSA-Columbia for your review.  I have highlighted a few key points below:

1. Observations were conducted on July 22 and July 29… two consecutive Saturdays with good weather (sunny and hot)
2. Video counting measures were taken both north and south of the circle with 3 intervals north to record backups.  Traffic was also counted on Johnson Beach Rd.
3. Southbound backups were observed from the roundabout northward over the bridge to the Publix driveway on July 22 only between approximately 4 to 5 pm.  The same was observed on July 29 around 3 pm for 15 minutes and again from 4 to 5 pm.  The delay times for these instances to travel from Publix to the roundabout was 6 to 7 minutes.  Travel times from Gongora Drive to the roundabout were generally 3 to 4 minutes.
4. Northbound backups related to signal timing were discovered from the signal to the roundabout on one of the observation days around 10:30 am.
5. Analysis for a west bound (Johnson Beach) to northbound (PK Drive) bypass lane was analyzed with favorable results.
6. The conclusions on page 10 indicate a delay of around 5 minutes beyond expected times on peak, special days (holidays, Blue Angels events, etc).

I would like a chance to get the camera installed on the condo so we can look on that side of the bridge, similar to what we have done at Pensacola Beach to time the signal (see #4 above) to prevent delays northbound.  We are working with County Legal and the Condo Legal to get an agreement worked out for liability and maintenance. 

I will inquire with Natural Resources relating to wildlife impacts regarding the addition of the bypass lane (see #5 above) to help with the hesitation associated with the close quarters of the southbound leg and westbound leg being so close together.  Right of way and wildlife impacts have long been an issue with the size of this circle.

In summary, I don’t believe we have enough information yet to justify removal of the circle.  I believe that it will function as intended during the “off season”.  I would like an opportunity to observe further from the circle to the bridge exactly what backups are taking place.  I believe the community is getting more used to the circle in that I have not heard of any more mishaps of running through the center of it nor any collisions.  If you hear of any of these instances, please forward them to me.

Read the full report, here.

More Rescue Tubes Coming to Perdido Key Beach Access Points #2 and #3 This Saturday

I received this email late yesterday from Mr. Steve Stroberger, Chief of Staff for D2 Escambia County Commissioner Mike Kohler and a member of the Rotary Club of Perdido Key.  

The Perdido Key Rotary Club will be sponsoring the addition of two more emergency rescue tubes this Saturday Morning starting at 8:00AM at Perdido Key in District 1.  

I am deeply appreciative and I know the community is as well.  I even said to Steve at the last installation last Saturday--facetiously and in jest due to these works by D2 out in D1--"Thanks for the work you all are doing out in District 1--we appreciate it!!"

But in all seriousness--it is awesome to have a D2 Office that is working together with D1 rather than what we have seen from the previous D2 office........

Steve's email, below:

"All,

 I’ll be putting in a couple more Rescue Tubes on Saturday morning. If you can, come out first to Beach Access #3 at 8:00a. We'll move over to Beach Access #2 afterwards for another Rescue Tube install.

 There’s videos and lots of info about the Rescue Tube Foundation at the link below:

 www.rescuetubefoundation.org"

 

 

D1 Perdido Town Hall Monday, September 18th

I'll be hosting a town-hall meeting in Perdido on Monday, September 18th at 6:00 PM.

I have not yet selected and booked a venue, but I will this week and will announce it via a press release from the county's CMR department.

As I typically do, I will request relevant staff be present to discuss the wide ranging issues of concern for the folks that live and work in this area of District 1.  And I am open to adding topics as well, so anyone who would like to have focused discussions added to the agenda can offer such ideas by emailing them to District1@myescambia.com or by calling me directly at 850-293-1459.

Some initial topics of consideration/discussion at the town hall:

--Traffic and the Roundabout, including the recent study of it's performance and potential improvements

--Growth Management and better notification of residents prior to large developments being approved

--the timeline for completion of the multi-use path

--Homelessness and the implications on the community and how the county is working to address this issue

--creating more parking at the access points and providing additional access

--beach safety

--litter and roadway refuse collection

--Incorporation questions 

I'll also invite my counterpart elected officials from the State, ECUA, and School Board to attend and bring relevant updates.

More information to come shortly.

My Stolen Text Messages Are Irrelevant in Rayme Edler's Case

Even though the PNJ, with another ominous sounding headline on their front page edition this morning, wants my stolen text messages to be the center of their "story" on a former employee's qui-tam, harassment case against the county--the fact of the matter is that my text messages are irrelevant to this case.  

The PNJ's article conspicuously neglects to mention the fact that I am not an operational employee of the county, I am a member of the legislative.  I have no day to day management oversight of staff that bill for EMS services, nor do I have any power to direct, discipline, or control county employees.  Commissioners are legislative employees.  We only supervise, as a body, our attorney and administrator and individually our office assistants and interns.  The administrator and his staff do the day to day supervision and management of employees.  So the idea that my private thoughts and those of other citizens to whom I may have spoken to on a raft of issues, to include this former employee (who was a disaster in the opinion of many), has any bearing on this case is laughable.  It's a joke. 

Of course, PNJ knows this but doesn't report it. That would make a boring article, that's why.

The other fatal flaw with their front page piece and this directed attack on me purported to be news is that somehow my text messages are a part of the former employee's case of "harassment."  This argument, too, fails.  It fails because this former employee also made herself a public figure with public appearances, statements, and assertions to the board over and over about  her perceived issues in the EMS department.  She made herself a public official when she sued a local private citizen for speaking out against her and cost that citizen hundreds of thousands in legal fees.  This former employee made herself a public figure with her statements in the press and other places with wild allegations--the vast majority of which were extreme exaggerations or outright lies.  When you are a public figure, you are succeptible to unflattering critique--someone should wake her up and tell her this.  Comes with the territory and if the kitchen is too hot, one should consider leaving. She didn't.  That said-- Being an elected official and member of the commission, I have the right to ask any questions I want and speak my mind on any topic  I want related to county business, including disagreening with an employee's mistreatment of other employees and her dangerous, reckless disregard for due-process rights for county employees which cost the county taxpayers more than $300,000.00 thus far, and counting.  I can say and do this  according to recent rulings that describe such speech by a sitting commissioner as enjoying absolute immunity under state law.  Absolute, unqualified immunity.  (Just look up Judge Pitre's ruling in the Underhill case which was also per-curium affirmed at the DCA) Someone should show these rulings to Ryan and Steven Andrews, too.....absolute, unqualified immunity is what we have in these sorts of discussions and comments.

PNJ knows this, too, but they don't bother mentioning it.  They want to lionize this former employee,

Term Limits? Yes, Commissioners are Being Targeted

Agree is the unanimous answer I have seen in every town hall in which I have asked the audience "Should all elected offices have term limits?"

At every town hall I do in my district I always take a moment to do an unofficial "poll" of the audience on various topics of interest.  It is amazing the visceral reaction when I ask about term limits.  It is a sea of "agree" cards appearing in the audience when I ask "should the terms of office for U.S. Congress and Senate have limits?"

I always ask the same question about locally elected positions like the one in which I serve--county commissioner.  Same result--a sea of "agree" cards.

So it comes as no surprise to me that Representative Michelle Salzman filed a bill this past week to specifically limit the terms of office for County Commissioners around the state.  She and I have actually discussed it a number of times and I was aware she'd be filing the bill.  We are friends.

My prediction is it will pass, some form of it (perhaps with 12 years instead of 8 consecutive) will pass the legislature--and then I believe the voters will pass it on the November, 2024 ballot.  I believe it will easily exceed the 60% threshold necessary to revise the constitution.  And I say "good."  Because I support term limits.

But here is where I think a major issue lies:  If we are truly going to be dyed-in-the wool, puritan, strident adherents to the absolute and unconditional doctrine of term limits for all elected constitutional officers statewide--why take the easy, lazy road by simply limit them to school board members last session and now, apparently, county commissioners this time?  I mean, if we truly want to demonstrate that this is not somehow targeted toward only these two particular offices--why not simply add all elected county constitutional offices to this legislation?  And this isn't a shot at any other constitutional office or officeholder beyond the school board and commissioners---It is a fair question and one for which a cogent answer should be given by those bill sponsors who seek to limit terms of some, but not others.  And make no mistake, that is what this is, a limit on some and no limits on others, for expediency.  

Otherwise, we would see Senator Ignolia (a really smart and effective legislator)   and Rep. Salzman and the rest of them proudly and publicly add-in Clerks of the Court, Supervisors of Elections, County Sheriffs, County Tax Collectors, and County Property Appraisers to the term-limit, feel good, red meat legislation.  So why are they not doing it--I mean, they themselves are term-limited to 8 years, they want to limit commissioners and have already limited school board members---so why not the rest of the constitutional officers too if this is really, truly, only a puritanical, ideologically-driven piece of legislation and nothing more and not some shot at only one class of elected office, commissioners?

I know the answer, and they do, too.  They won't do it, they can't do it-- because if they did, they'd lose

Rotary Club of Perdido Key Steps up for Safety!

On Saturday morning the Rotary Club of Perdido Key stepped up for swimmer safety at Perdido Key's Beach access #4.  This local club funded and installed an emergency flotation device and signage which can help average citizens to help rescue fellow citizens who might find themselves in distress out in the Gulf.

I was invited to participate and was heartened to see so many volunteers show up to not only install this flotation safety device, but to also clean up the beach as well with a blitz of litter collection by about 3-dozen citizens that came to assist.

According to Dan Sulger, from the Navarre Rotary Club, this same sort of safety system has already, successfully been deployed to 16 public beach access points in Navarre.

"Each one costs about $186.00 to install."  according to Sulger.

I think that is a great investment and we will soon be adding these to the rest of our Perdido access points as well.

Channel 3 covered the event.

Pam Childers Loses in Court on Motion(s) for Summary Judgment against County 401(a) plan......

Commissioners were notified late this afternoon that both of Escambia County Clerk of the Court Pam Childers' motions for summary judgment in the Escambia County 401(a) lawsuit were denied by Circuit Court Judge William Stone. 

Denied.  

These motions have been before the court for several months and this is a huge loss for the clerk and a big win for Escambia County--- and paves the way for this case to move forward to trial.

FULL DISCLOSURE:  I do not take the 401(a)--I take the FRS pension plan, which I joined when I was on the school board beginning in 2006.  So I have no "dog in the hunt" as it relates to the 401(a) plan issue.  But what I do have is a philosophical disagreement with the politicization and subsequent weaponization of this issue by the clerk via her unilateral decision to summarily stop paying these amounts---after she paid them, business as usual, for years and years.  Suddenly, coincidentally after rumors and hearsay that someone allegedly called her an unflattering name---then suddenly this plan, in her opinion, was/is ILLEGAL!!  This plan is not illegal, her legal opinions were weak and this situation is purely political and an attempted power game, so far as I can tell.

Read both of the orders from Judge Stone below...

Retraction Requested of the PNJ

 

Important Facts Ignored in Latest PNJ Hit Piece that Attempts to Portray Me in a False Light with Actual Malice

I suppose I should not be surprised when a former employee of Gannett's PNJ called me yesterday and the conversation quickly went to the two recent PNJ articles that do not reflect reality and actually attempt to portray me in a false light deliberately.  Not the first time PNJ has done this to me, probably won't be the last.  Ironic that these antics always occur during campaign season......

"I'm sorry this happened and they did this to you, she stated.  When I was there, they had a strict policy of never printing anonymous documents they did not first independently verify"  said this former employee.  I guess they are justifying this publication by saying the "anonymous source" that provided them the stolen texts had a document that they verified with Jonathan Owens' copy.  Wait, though:  What if that copy was manipulated, and that  copy was provided to the PNJ's source  which matched up with Jonathan's--- but both of which are stolen and neither of which have actually been verified as accurate?  

Looks like journalistic integrity and standards have been lowered in the organization in light of poor economic performance, decrased relevancy (and subscriber numbers) and vanishing ad revnue coupled with higher costs.  Plus, it's easier to sell newspapers if the headlines are salacious, scandalous, and sensational.   Facts, who cares, right?

So in this morning's hard copy edition, they have once again published what is an outright falsehood, and did not bother to ask my side.  True, I said I would not comment on the ongoing federal investigation into how my data was stolen--- but I most certainly would have commented on this garbage quote.

"Using keyword searches related to public business, the News Journal reviewed the texts and reported that Bergosh referenced Edler more than 100 times in texts that seemingly should have been released as a matter of public record under Florida Sunshine Law, but were not." 

I have never once in 17 years as an elected offical failed to produce a public record, ever.  Not once, and I did not in this instance, either.  I'm not the disgraced former commissioner with more ethics violations, recommendations for removal from office, Federal and State lawsuits and continuing problems even after he left office than any other commissioner in the history of this county.  No, unlike that guy-- Doug Underhill----- and his acolyte, minion, secretary--- Jonathan Owens--------I follow the law to the letter even though I say things and do things the PNJ don't like.

So the fact is this.  I never received a request for public records related to these texts that I failed to produce, and I have never failed to produce any of my personal text messages regarding the Edler case. The county received voluminous requests for other emails and correspondence, and data requests, which the lawyers are working to fulfill via the discovery process.  Importantly:  The lawyers did not request these text messages under a PRR, nor did anyone else.  Had a request been made of me, I would have fulfilled it as I have always done and have a track record of doing.  But instead, my entire text file was stolen.  Mention of this was made by the lawyers for Edler via email on March 27th.  Attorneys for Edler sat on these purported text messages of mine for two months and did not provide them to the attorneys for the county until nearly two months later, on May 24th.  I was not notified until June that there was potentially a breach of my data, but I was concerned because I was never requested to provide my text messages relevant to this case because I was told the other side already had "all of them."

So instead of getting the facts from the source, PNJ runs with an article that intimates I failed to produce a record, which is a lie.  It is untrue. It is libel.

The truth of the matter is, this discovery process continues, and now we are working on a fair way to redact the files from my phone that were stolen in an attempt to protect attorney-client privileged communications, exempt records, and personally identifiable information that is contained within that stolen text file while simultaneously working to maintain our obligation to produce responsive records.  And no final decision has been made on what will be released because it is tied up in the courts.

First email notification March 27th, 2023

Escambia County finally  receives purported Bergosh text file, June 1

--Other notable falsehoods:  The "quote" the PNJ references about "no public data on private cell phones" is not the position of the county's attorneys, and that was noted by the magistrate judge herself during the hearing in a back and forth with county attorneys.  Why leave that quote in there when it is clearly not the position of the county's attorneys and that was acknowledged in court because it is an inaccurate, non-factual assertion?

I'll Be the Leadoff Guest on Tomorrow Morning's (Monday's) Real News with Rick Outzen on 1370 WCOA

 I've been invited to appear tomorrow morning as the leadoff guest on the area's best, highest rated, most trusted, most credible and unbiased source for morning drive news talk--"Real News with Rick Outzen" on 1370 WCOA.

Rick will likely ask me to recap last Wednesday's BCC meeting and in addition we will more than likely discuss the latest on OLF 8, the appropriate and lawful utilization of TDT funds, the impending closure of REAP lodges, The big meeting in Perdido/D1 on incorporation tomorrow night, and any other issues of importance Rick would like to discuss.

Tune in live at 7:00AM--or catch the podcast here, where I will post it once it is published.

Two Informed Perspectives on the PK Roundabout from Perdido Key Reisdents

I've received some correspondence on the PK roundabout this weekend.  One of these residents is also a professional Traffic Engineer with decades of experience.  The other is a nearby resident that utilizes this circle on a very routine basis.

They both have informed opinions.

The takeaway:  The circle is too small, the good of the roundabout outweighs the bad, and a few tweaks can help make it better.

The frequent user resident's perspective:

"I noted your recent comments regarding the 2018 FDOT study claiming that a round about was not the best solution on Perdido Key Drive.  However, sometimes the transportation department’s statistical analysis gets it wrong. True, the round about is too small, but it has vastly improved the safety of the intersection. What is needed are rumble strips, which have been authorized, and a lower speed limit, which has not been authorized. Said lower speed limit would allow safer ingress into the circle considering west bound traffic acts like its merely a curve in the road. Please do not abandon the round about because a vocal few want to speed through on their daily commute. From the Alabama line to the bridge is less than 6 miles, so a slower speed limit at Johnson Beach Road will not materially alter their travel time."

The resident who also is a seasoned traffic engineer's perspective:

"Hello! I would like to point out a major issue I have observed, as an experienced transportation engineer, with the roundabout at Johnson Beach. It is too small.  See attached.  The standard diameter is 105’ for a single lane roundabout.   I would love to know if it really cost $1.7M as I recently read?   I understand R/W costs could have been a good part of this because corner clips could be expensive at this location. That is one of the only major downfalls with a roundabout. I’ve been involved in so many roundabouts (beginning when I was City Traffic Engineer and afterwards) in Tallahassee including full 2-lane roundabouts.  Regardless, I am 100% still supportive of roundabouts as traffic control devices versus signalization.  Much safer, typically.  But the size of this one has negative effects on capacity and safety in my opinion."

 

Dr. Oleske Informs DOMES She is Initiating Litigation

Dr. Deanna Oleske, the interim District 1 Medical Examiner who earlier this year had a tussle with some local funeral home directors, has now officially notified the District One Medical Examiner Support (DOMES) board that she is suing said funeral home directors.  She indicates litigation is commencing due to some letters written to the county earlier this year (by multiple local funeral home directors) describing allegations of barbaric treatment of corpses.  These letters  subsequently made their way into the press, and these letters  ultimately led to some better communication(s) between the ME's office and the funeral homes.

Dr. Oleske strenuously denied the allegations in the letters at the time, as did her operations director Dan Schebler.

 Although it seems everyone knew this litigation had commenced, apparently the folks that serve on the DOMES board may not have been aware--or made aware officially.

 They're aware now.

 Although the Escambia BCC is not being sued so far as I have been told, we are getting bombarded with public records requests from the Medical Examiner's lawyers.  The press and the ME and her staff have tried to argue that the letters were somehow connected to Escambia County's rejection of the Doctor's "We must have a new facility outside of Escambia County" arguments.  I believe we can get functionality in the current spaces with about a $2-$3 Million investment rather than a $20-$30 Million investment in new facility outside of Escambia County.  The one issue (alleged mistreatment of corpses) has nothing to do with the other (new facility) so far as I am concerned. 

 So, we will see where this all ends up.  Meanwhile, I have been told by a credible source that the Medical Examiner, Dr. Oleske, has put her "name in the hat" and applied to be the district 2 Medical Examiner in Tallahassee.  We will see what happens if she gets tapped for that position.  My understanding is the D2 ME's office is in a Quonset Hut type of PEB--think Gomer Pyle's Bunk Room Facilities--not a modern, large, state of the art facility the likes of which is being sought for Santa Rosa County by Oleske.  Also, a source familiar with operations of the D2 office reports that over there in that Circuit--the ME (who I am told is retiring) does not have in-house investigators but rather outsources that function to the local sheriff's office; staffing levels there are smaller than here.

 Lots of change coming if Oleske happens to be offered that job.

More to come.  See her letter from yesterday, below.

 

 

 

REAP Lodges Closing Permanently in less than One Month? In Two Weeks???

An email blast was sent out early Monday morning to County Commissioners and a host of others about the REAP Lodges facility's imminent closure due to funding constraints.

This is an unfortunate turn of events if it is, indeed, true.

My understanding was that REAP had secured ample additional funding and also was working toward its own organic fundraising which would propel it toward self-sufficiency.  Apparently, this is not the case.  My email to Mr. Whibbs:  

"Mr. Whibbs- I lament this development, as I know you have tried diligently to assist with our issues of the homeless and associated matters.  I was under the impression you had secured funding for REAP lodges through the city and the COC.  I will ask about this at our upcoming meeting because I know what you do to assist in this space is critical to our overall strategy of homeless reduction."

to which he responded, succinctly, "Thank you for anything you can do. Vinnie"

With respect to the vexing topic of eliminating/reducing homelessness locally--we need more folks on the front lines helping--NOT fewer.  More to come Wednesday at our 9:00 AM meeting ---  as I will be adding this as a topic for discussion on our agenda.  Read the letter Whibbs sent this morning, below.

 

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

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

 

Let's Move Forward with the 250 Acres for Jobs

 

The jobs-creation acreage at OLF-8 and the residential mixed use portion should not be handcuffed together--- when we are good to go on the 250 acre jobs portion of this property.

We have now had three separate offers for OLF-8 where one of the first sales stipulations/conditions for such sales requires significant variances away from the approved Master Plan for OLF-8 in Beulah.

Three companies, three separate and distinct offers, three LOI's with strict requirements for variances away from our codes and ordinances as it pertains to deveolping OLF-8.

This means something.  Occam's razor applies.  Obviously there is something with the master plan which is making such a transaction not financially viable.

I lament this, but I am not entirely surprised.  In multiple discussions now with multiple industry professionals that have either already made offers for this field or who are considering doing so--the one common theme is that the plan as required is not financially viable/feasible in this market if strict adhearance in mandated.

Said one such offerer "We can get about 70% there, with the areas and the uses and even the street layouts--we just cannot make the other 30% and in order for this deal to make business sense for us as a company--we have to have relief from that 30% which includes some of the very proscriptive design code."

There is obviously some wisdom in this individual's words--- as each of these three separate offers are from primarily residential builders and each such plan--thus far--looks to build more single family housing than mixed use, commercial, and/or high density commercial with residential lofts.

So if we are going to only settle for absolute 100% compliance with the DPZ plan for the southern, mixed use portions of the field--- I believe we need to go ahead and start off with moving the 250 acres on the northern part of the field forward for job creation with a re-booted triumph grant.  The board has signalled it's intent to hold back 250 acres for job creation--separate and apart from the rest of the field--due to the curveball we were thrown with the state's recently enacted "Live Local Act" which pre-empts our ability to prevent owners of commercial properties anywhere from immediately creating high-density residential apartments on such commercial properties.  If we sold the northern portion of OLF 8 as a part of any one-package all in one sale---we would not be able to prevent such a purchaser from building apartments on that commercial jobs producing parcel thanks to the state's passage of this law.  Our local control on this matter has been stripped by the state legislature.

So, with all of this as the backdrop, now is the time to move forward with creating jobs on the 250 acres of commercially zoned areas on the north east portion of OLF 8.  I discussed this on Rick's Podcast Thursday Morning.  If the board wants to create jobs with this portion, which we signalled strongly at our last meeting, now is the time to move forward, reboot our triumph gulf coast application, and get going.  There are companies that need this space at this location--good companies with good jobs.

Meanwhile, we can wait for the perfect "unicorn" offer from a developer to build the balance of the field on the south side, in complete/absolute 100% adhearance to the master plan as enacted.  We can make that portion fabulous.  Eventually.  If we get a buyer.  Maybe.

But that might just mean we never get that section developed.  It might mean we never get a restaurant, shop, or any other amenity developed on that portion of the field if the requirments are absolutely rigid and the county in intransigent with respect to ANY variances requested by an offeror.  My prediction is we may never get an offereor who will pay top dollar to build it 100% as the plan specifies.  Look back at the first three offers for my rationale for this prediction.

So the southern portion of the field might very well remain a field if that is the case.  I know many would be just fine with that--because such individuals really never wanted anything built there anyway.

But the largest tragedy of that scenario is that it makes it harder, if not next to impossible, for us to ever recoup the county taxpayers' existing $14.5 Million debt on the whole parcel if the southern, most valuable retail/commercial frontage parcels on 9-Mile road remain "unsaleable."

But at this point the jobs portion and the residential mixed use portion should not be handcuffed together when we are good to go on the jobs portion.  Time to get moving.

Why Conflate Two Separate Issues?

Sometimes no matter how much spaghetti is thrown at a wall---none of it sticks.

The recent article by Jim Little of the PNJ had an appropriate headline and summary of a recent scandal at the county:  Someone stole information from the county's servers illegally, this issue is being investigated by the FBI, and currently Jonathan Owens, my former political opponent who I dispatched in the 2020 primary and who worked as former lighting-rod commissioner Doug Underhill's secretary--- has publicly proclaimed he has this stolen property.  Doubling down, I'm told he(Owens) went on the radio and was giddy about explaining how he read all the personal, private, privileged and confidential information that was contained within this stolen data file.  Going further, he even admitted to disseminating this stolen property.  

Now, he does not say how he came to possess it other than providing a flimsy, unbelievable story that this file magically appeared on his desk.  Abracadabra!  But really, who would buy that explanation?  It is unbelievable, and that's the polite way I will put that.

So yes, the story got that aspect of the issue right.

But then came a huge part of the story that was about an unrelated issue:  the now settled cases of alleged, purported misconduct at the county's EMS division from four years ago.  

No doubt, there were some problems with record keeping and organization and multiple persons were alleged to have been a part of some falsification of certifications and mismanagement of call logs.

But here is the fact:  Six personnel from the county all but had their careers destroyed with these allegations from a former medical director who herself is now gone.  Of these six, only one was adjudicated guilty.  The other five settled their cases and WERE NOT CONVICTED.  The county paid a $5,000.00 fine, we got new medical directors, we got new leadership, and our EMS department moved forward.  Case closed.  Ever since that witch hunt by a former medical director--which it was--we have been cleaning up the mess, paying huge settlements and legal bills for the abyssimal way these former employees, now exonerated, were treated by the county.  No due process, allegations that were untrue, and careers ruined.  

But all that is in the rear view.

So why conflate this current case of theft and mishandling of protected information with the ancient history of that case?  

Now, this same former medical director did file a Federal Qui Tam claim post-employment with a couple of lawyers who specialize in this.  But that is a separate case from the falsification of records case.  

But MOST IMPORTANTLY:  The personal, private, priviledged and confidential text messages these lawyers so desperately want to keep, the ones allegedly provided to them outside of the normal discovery process, the ones that were stolen, the ones that cannot be verified as accurate, and the ones that are being investigated by law enforcement for the way they were inappropriately obtained---have no bearing on that Qui Tam case.  None whatsoever.  I am a part of the legislative in this county--I have no day in-day out operational oversight of any department--let alone EMS billing.  I'm not a fact witness to any of these overbilling allegations, and any discussion of the former Medical Director contained within these stolen text messages from my personal phone would be irrelevant hearsay and not a part of any case--let alone this particular one.  This is all setting aside the fact that these files were not provided as a bonafide records request, they were obtained unlawfully and there is no way to discern whether or not lines have been added into this particular file nor whether or not other lines have been deleted or manipulated.  Bottom Line:  There is no way to authenticate what Jonathan has given to these lawyers in this Qui Tam case.  So why are the lawyers burning up the taxi meter, running up costs, on chasing this issue down a rabbitt hole?

So now comes the news journal-- conflating a serious, major theft with a closed case and a current case for which the stolen files have no bearing?

I know why the plaintiff's lawyers are doing this---they are running up the check hoping for some settlement of this case to cover these exhorbitant fees, throwing spaghetti at the wall, making tons of discovery requests, then modulating them and moving them around.  They are grasping at straws and hoping to find something to help their case.  So they are doing what these sorts of lawyers, working on contingency, do.  Doing what lawyers do--It's why they are so dang popular and beloved 😀.  

But why is the PNJ carrying these lawyers' water--instead of separating the real from the faux as they should?

Has the New Auction for OLF 8 Begun?

As I had anticipated would be the case--the BCC has now received a fresh offer for all 540 acres of OLF 8 for the tidy sum of $40 Million Dollars. (and I anticipate several more in the coming weeks)

In this particular, very bare bones, three page offer (see it below)--no mention of the DPZ Master Plan--but multiple requests for full cooperation in rezoning the property, achieving preliminary site plan approvals, and amending the comprehensive plan.  So there is that.

-120 day inspection period requested

-total of $1 Million in earnest money, with an additional $100,000 that goes hard after several steps are taken and after the inspection period.

-Three (3) 30-day extensions requested.

I see some issues with the offer, chief among them is the guidance that the BCC already gave signalling that we will reserve 250 acres for job creation--so I would expect that this offer will have to be re-tooled.

Some of the speakers at recent meeting should be ecstatic.  It is someone other than DR Horton.....

We will see what the full board chooses to do with this offer--as this decision is up to the full 5-member board.

90% Growth in Available Units for Short Term Rentals Is What Fueled Dramatic Rise in Perdido Key Bed Tax Collections 2021-2022

 Recently there has been a series of meetings aimed at improving and enhancing the advertising of Perdido Key in District 1.  For the last several years, all county marketing has been centralized under the "Visit Pensacola" brand.  I'm told by folks familiar with this matter that "Perdido Key gets plenty of coverage and advertising--just look at their year over year tourist tax development (TDT) collections growth--that's the proof."   Nobody is knocking what Visit Pensacola does, it is just that Perdido Key is not Pensacola Beach--they are two separate and distinct areas of the county.

Currently, the Perdido Key Chamber of Commerce leases the Perdido Key visitor's center from Escambia County.  Within the visitor's center, "Visit Pensacola" maintains a presence, complete with rack cards, displays, and murals. There are also multiple employees of Visit Pensacola who staff this visitor's center through the week.  One issue that has been brought to my attention by the Perdido Businesses and citizens with whom I have spoken is that the Visit Pensacola employees who work in Perdido Key often recommend out of the area restaurants and other attractions to visitors who are coming to Perdido Key.  In one instance, a guest asked where a good restaurant was for a bite to eat.  Instead of pointing this particular guest to the Florabama, Crab Trap, Oyster Bar, or the Sunset Grill---the employee said "I'd recommend you go to Pensacola Beach, to the Grand Marlin"   There have been other similar occurrances of which I have been made aware.

In addition to this, there has been a lot of disdain about Perdido's Chamber of commerce--because as a state line chamber of commerce--they naturally have some members in Alabama.  About 60 of the 400 members of the Perdido Chamber of Commerce are Alabama businesses.  Of that 60 Alabama entities, however,  only 5 (Five) collect 5 cent bed taxes.  And of that five---4 of the 5 are owned by well-respected Escambia County businessman, Julian McQueen's.  company Inisfree Hotels.

Nobody is trying to knock Julian McQueen's hotels in Alabama.  It is a separate market from Pensacola Beach---very different and unique.  And Perdido Key actually lines up more with them and is closer in proximity to that market than it is to Pensacola Beach.  Perdido Key is 25 miles away from Pensacola Beach.

Meanwhile, back at the visitor's center in Perdido Key--rack cards are meticulously controlled by Visit Pensacola, with one such prominent rack card advertising an Out of State (Alabama) Gambiling Casino and another announcing "Welcome to Pensacola Beach!"  Of more than 100 posts to Visit Pensacola's Instagram over the last year--not one post had a #Hastag Perdido Key.  Every single one of the posts had hastags for Pensacola Beach or downtown.  Additionally, a recent perusal of the "Beach Events" page on Visit Pensacola was all but EXCLUSIVELY spotlighting Pensacola Beach, with the reader having to go eight clicks deep through the pages to find even one Perdido Key beach establishment listed.  The Perdido Key Chamber's website is not linked to Visit Pensacola's site for reasons unknown, yet Pensacola Beach's Chamber website is linked.  Why is that?

Perdido Key feels neglected and the businesses out there are not happy about it.  Remember, they are the #2 highest collector of Bed tax dollars behind only Pensacola Beach, in all of Escambia County.

Yet, I'm told if we bolster the Perdido area with better, more directed marketing--we will essentially be "Sending money to Alabama businesses." or "Competing against ourselves [Escambia]." I simply disagree.  It is a cop out and I can tell you as a person who frequently spends time at a Pensacola Beach Condo I own---visitors to either location will vote with their feet as it pertains to food and beverages; e.g. just because they are staying in Pensacola Beach or Perdido Key does not mean every dollar such visitor spends will be in Escambia County's jurisdiction.  People travel, people eat and drink out of jurisdiction.  Do I want all people in both locations to only spend money in Escambia County's jurisdiction so we collect the sales tax?  Of course.  Is that a realistic expectation?  no.  In Pensacola Beach, a vast majority of long duration visitors buy groceries over the bridge at Publix or Wal Mart.  All name-brand pizza delivery companies that deliver on Pensacola Beach to visitors staying there (Dominos, Pizza Hut, Papa Johns)  similarly are located out of our taxing jurisdiction, over the bridge in Santa Rosa County where the grocery stores are.  And when these visitors gas up their vehicles, by and large they skip the one high-price gas station in Pensacola Beach for one of the significantly less-expensive stations in.........drumroll.......you guessed it--Gulf Breeze   Santa Rosa County, out of our jurisdiction.

Similarly--in Perdido Key visitors staying in condos there may go over to Cobalt of the Hangout in addition to spending money in Escambia County at Perdido area restaurants.  

So--food an beverage choices happen, we can't hold visitors hostage at either beach once they arrive there for a visit.

But the money we are discussing, TDT, are not collected anywhere other than lodging accomodations, not at retail establishements or restaurants--so those discussions are red herrings anyhow, when we are talking about year over year TDT collections increases.   

The 2021-2022 year over year Bed Tax collections gains at Perdido Key were NOT driven by slick marketing for Perdido Key that Visit Pensacola placed.  These increases were organic, primarily due to the growth in new units coming on the market in Perdido Key via VRBO, AirBnB, Expedia, and other online owner-operated lodging solutions--in addition to work the Perdido Key Chamber did, in addition to the work Visit Pensacola did, in addition to the work Alabama state-line chambers did.

And I have the information to prove this,  information from the clerk.

I reached out to staff from the clerk's office for data on the number of unique, individual collectors in the 32507 (Perdido Key) Zip code to see what was driving this huge jump in gross-dollar TDT collections.  

The metric has only been tracked since late 2021--but the pattern is obvious;  there are a huge number of new rental units (TDT collectors) coming online in Perdido Key, and that is driving the increase year over year--it is obvious to the most casual observer.  Now, If the number of available units had held static and the gain was 52% that would point to something dramatic happening in terms of marketing and this conversation would not be happening.  But that is not what the story tells.  

Look at just 5 months side by side  to see the reason why the gains are occurring (month on top, total number of unique collectors on the bottom):

  

In just those 5 months compared, above, the available units jumped by 90% year over year--yet collections did not match growth and were "only" up 52%.  What does that mean?

There are ongoing conversations to improve this situation, I have discussed the issue with no real resolution at yesterday's TDC board meeting, where I informed that board I'd be bringing this issue to the BCC for discussion at an upcoming BCC meeting to work toward a better situation between Visit and Perdido Key to fix some of these untenable issues.  Naturally, any sort of a change to the current status quo has, is, and will be running into a buzz saw of opposition from hoteliers, advertisers, and others who are quite comfortable with the current state of things.  I happen to believe some minor tweaks and some autonomy for Perdido Key can fix things.  Unfortunately, a meeting on this topic I facilitated and attended last week produced no meaningful solutions going forward.

So I'll keep working on it from my end and through the BCC at the next meeting.

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

I've been asked to be the leadoff guest on the area's best, most accurate, trusted and listened-to morning drive news program "Real News with Rick Outzen" at 7:00 AM.

This morning we will discuss the breaking news on the investigation into the inappropriate, potentially unlawful downloading of confidential, privileged, personal text messages from the county's server and the subsequent unlawful, inappropriate dissemination of this confidential, personal, private information to others by former commissioner Doug Underhill's then secretary.

In addition to this, we will discuss the Perdido Key roundabout, OLF 8 and other issues of interest from last week.

Listen live at 7:00 or catch the podcast here once Rick publishes it.

What is a Public Record and What Is Not?

Some people don't understand what the Florida Public Record Law defines as a public record.

It's understandable for the lay person to have a partial, incomplete understanding--because there is a lot to it.

But some that should know what a public record is apparently do not.

I have a very firm understanding of public records requirements as an 18 year public official who has been subject to this law for 18 years.  So what precisely is and what is not a public record?

Personal, private, and confidential information shared between a sitting commissioner and his family, his children, his lawyer, and other individuals unassociated with the county via text messages on his privately-owned and paid for cell phone (or even on a county-owned device) are not releasable public records.  Period.  They are private.

Business related text messages unrelated to county matters are similarly NOT public records.

Legitimate public records can be contained on a commissioner's private cell phone and or on his county-owned cell phone, and thus the impetus to preserve these should they be the focus of a public records request of a commissioner or any public official.

Because a commissioner uses his personal cell phone for personal, private business, and county business purposes in order not to have to carry around three cell phones does not automatically make everything contained on a cell phone a releasable public record.

Similarly--a commissioner's private home computer in his home might contain public records related to county business.  However--everything else on that private device is not a public record.  If someone hacks an individual's personal home computer and disseminates all such records, slipping such data on a thumb-drive under someone's door, from said home computer to someone who works for the county---the entire content of such an inappropriately obtained file is not suddenly a public record.

So, if  a cell phone, used for all three purposes and one that does, indeed, contain a small percentage of public records within it suddenly has technical issues--it is entirely appropriate to seek resolution from county IT personnel to preserve the small number of public records contained therein.

If a batch file of such records from a commissioner's cell phone, preserved at such a commissioner's express request on one copy only, is stolen or otherwise downloaded and without authorization disseminated and released unredacted--replete with social security numbers, medical information, attorney-client privileged conversations, etc.----such reckless, irresponsible conduct by any public employee might actually be a crime.

When such an event occurs--it is natural it would be investigated.  What else might have been stolen, illegally downloaded, and unlawfully possessed, maintained, manipulated or disseminated?

That's the million dollar question.

Florida Attorney General Ashley Moody attends Sheriff's Foundation Coffee Kickoff in D1

I had the opportunity to attend a kickoff event for the Escambia County Sheriff's Foundation yesterday afternoon as they launched their latest flavored coffee blend  "High Noon."  The proceeds from the sale of this and other flavored coffees benefits the Sheriff's Foundation.   The event was held at Coach & Four Steakhouse in District 1 off of Pine Forest Road.

I had the opportunity to taste this coffee, produced by local firm De Luna Coffee company, and I must say it was delicious.  I left the event with a bag of it and a mug and this will be my morning coffee for the next several weeks!

The event was well attended also featured special guest Ashley Moody, Florida's Attorney General, who had been in town earlier in the day with the grim news that our area leads the state, per capita, in opioid overdose deaths.  State Representative Michelle Salzman was also on hand for the event.

Good coffee and good company benefitting a good cause!

We Demand Your Internet Search Histories: from Every Device You Own!

 They want it all--every item "searched-for" from every computer or device we own.  In addition to thousands and thousands of documents from the county based upon hundreds of search terms that will require a superhuman (and expensive) effort to find, produce, analyze, and redact.

Yes, these are the demands being made of multiple commissioners in the wake of a lawsuit filed 175 miles away from Pensacola by the medical examiner against two area funeral home directors.

And now commissioners are getting dragged into this spat like dolphins caught in a longline tuna fishing hunt.

And they are requesting the search histories from four commissioners from every computer and electronic device we own.  What??

How would one even capture such data?  I have no idea.  But more importantly--these sorts of things are not public records and more importantly are not germaine to this fight.  I would venture a guess that production of such personal items would require a search warrant and probable cause that an actual, serious crime was committed before such broad brush, invasive, Orweillian type of demands would ever be countenanced.  I mean, this is the sort of thing FBI gets from google to investigate suspects arrested on suspician of serial killings, like that weirdo in New York --Rex Heuermann.

I mean--as crazy as our country and some litigation is getting today in some cases-----and it is chilling------this request is just way too broad and onerous.  

Yes, yes.  I know some are upset that letters were sent and published describing hideous things happening to bodies and these letter writers' personal/professional opinions on supposed mistreatment of these bodies.  I get that.  I read the letters.  But these letters were sent and so far as I understand it many of the allegations were true which prompted some reforms in some processes at the ME office.  That's a good outcome, right????

But no.  Now we are attempting to do a scorched-earth, take no prisoners, gigantic gill-net fishing expedition because somebody got her feelings hurt.  Garbage.

Thankfully  the county produced a four-pager yesterday to request the judge to quash this nonsensical, ridiculous, outrageous "demand" by the Medical Examiner's lawyer.  Read it, below.