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

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

"Good Afternoon Commissioners,

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

Please do not respond all.

Wes  

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

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

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

NO WAY!!!!

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

Not trimmed.

Not re-located.

Not re-planted with smaller palm trees.

Just cut down, unceremoniously, and hauled off.

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

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

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

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

Commissioner,

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

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

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

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

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

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

"Bergosh:

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

-----Jones"

To which I responded

“Jones”

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

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

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

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

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

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

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

County Responds to Congressional Inquiry about The Escambia County Jail

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

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

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

On WCOA's Real News with Rick Outzen

 

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

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

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

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

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

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

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

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

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

The house passed the bill already by a large margin.

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

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

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

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

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

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

Bear Trap Part III

 

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

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

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

And a judge will decide this.

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

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

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

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