Guidelines

I have established this blog as a means of transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory.

Thursday, June 30, 2022

3 Important Area Visits over the Last Week

 We've had several high profile visits from important groups and individuals over the last week.

Mr. Ryan Newman--the General Counsel to Florida Governor Ron DeSantis--is introduced to the Federalist Society of the Emerald Coast on Friday, June 24th in Pensacola at the Artel Gallery
First off, we had the General Counsel to the Governor of Florida, Ryan Newman, at the Federalist Society of the Emerald Coast Meeting on Friday.  More than 80 attendees--including dozens of current and former Judges from the 4-county area, locally elected officials, state representatives, judicial candidates, former Mayor Ashton Hayward, State Attorney Ginger Madden, and many others--had an informative question and answer session with this important and powerful attorney.  After introductory remarks, where Mr. Newman discussed how he went from the U.S. Army as a Tank Platoon Commander, to Law School at the University of Texas, to interning for then Solicitor General of Texas Ted Cruz, to private practice, then back to work for now Senator Cruz, to working as Ron DeSantis' lawyer.  An interesting tidbit that elicited some chuckles from the crowd was when Newman recounted being offered the job by DeSantis with the caveat that before he come down he just needed to go ahead and take and pass the Florida Bar  😀.....The discussion was heavy on legal theory, the importance of textualists and originalists on the bench, the chevron deference issue, and how Newman came to the position of being DeSantis' attorney.  He went in depth on the important work he does in assisting in the process of appointing judges statewide.  It was a very compelling conversation that folks in the audience genuinely enjoyed. (Interesting that very few questions came from the audience about the Dobbs decision by the U.S. Supreme Court which had been handed down earlier that day.)



Mr. Ryan Newman--the General Counsel to Florida Governor Ron DeSantis--speaks to the Federalist Society of the Emerald Coast on Friday, June 24th in Pensacola at the Artel Gallery


Mr. Ryan Newman--the General Counsel to Florida Governor Ron DeSantis--speaks with Circuit Court Judge Gary Bergosh and to the Federalist Society of the Emerald Coast members on Friday, June 24th in Pensacola at the Artel Gallery



On Tuesday the 28th-- the Triumph Gulf Coast Board of directors held their regular meeting here in Pensacola at the Pensacola International Airport.  It was a rather short meeting--with two Bay County projects discussed as well as one $1.5 Million Dollar project for Escambia County that was pitched to the board by Florida West Executive Director Scott Luth.  Two members who will be rolling off the board, former Senate President Don Gaetz and Mr. Matt Terry-an appointee of the Senate President Wilton Simpson--were given warm send-offs by the board, staff, and members of the audience.  Notably, Pensacola member David Bear will be taking over the chairmanship of this important board that is overseeing the disbursement of $1.5 Billion in Oil Spill penalty funds earmarked by the Florida Legislature for the 8 westernmost Florida counties that received the most profound impacts from the BP oil spill of 2010.  So we will likely see more of these important meetings here in Pensacola--rather than Okaloosa, Walton, or other counties further to our East.


The Triumph Gulf Coast Board of Directors met Tuesday in Pensacola at the Pensacola International Airport.


Florida West CEO Scott Luth describes Project Arbor to the Triumph Gulf Coast Board of Directors--who met Tuesday in Pensacola at the Pensacola International Airport.

And then on Wednesday Congressman Matt Gaetz came to town and joined Senator Doug Broxson, NAS Pensacola CO Terrance Shashaty, former NAS Pensacola Skipper Tim Kinsella, and a room full of dignitaries, elected officials, business owners, and others to discuss the challenges and opportunities associated with attempting to once again permit base access to civilians at NAS Pensacola--chiefly to allow for visitors to the museum.  It was a very informative meeting with lots of ideas presented and some good information disseminated about the current ways in which civilians can access the base to play golf and also the process by which folks with relatives buried at Barrancas National Cemetery can access gain access to the base to visit the graves of their loved ones.  Additionally, CAPT Shashaty gave the group updates on his efforts to get two different waivers approved by higher Navy command--one which would allow for the vetting of museum visitors off base, with subsequent transportation to the museum via buses.  This idea appears to have broad support and a high likelihood of approval.  The other waiver in the works would once again allow for civilians to drive their privately-owned vehicles (POV's) on the base--much like the way things were before the terrorist attack and COVID.  On that particular waiver--no definitive timeline for approval was given nor was there any assurance from anyone that it would be approved.  So the takeaway from the meeting was that there are lots of folks interested in getting the base opened up again---but there are numerous challenges as well.  More to come on this topic I am sure.

Tuesday, June 28, 2022

I Normally Don't Do it, But......


.....This time I did.  I Picked up the phone and made the call.

Yes, I normally do not return calls where the citizen is irate and yells at my aide(s) or is rude, threatening, or just plain onry in their call to our office.  I especially avoid the ones where they make a threat or an ultimatum.

Because, what is the point, right?  Obviously this individual--whoever they may be at any given time--has made up their mind and have picked up a phone and taken the time to call my office to enunciate the fact that:

1.) If I vote for "X"--they will never vote for me again or 2.) They will never vote for me again because of some "thing" I purportedly did or 3.) they think I am somehow engaged in criminal conduct or 4.) all of the above.

These are not every day occurrences, but these sorts of calls do come in from time to time.

And I normally don't do it, I normally don't call back--especially when they explicitly tell my staff "not to bother having Bergosh call back."  But this time, along with the "don't bother having him call back" --the individual actually left a name and number.  So I did call back--and I am glad I did.  I actually had a productive conversation with the original caller and one of this individual's relatives who listened in.

The setup was this:  I am apparently not worthy of continued support because of the state retirment plan others on the board take.  And the article in the paper was infuriating to this constituent!

So, again, I called her and asked her about it.

"Look, I read that article in the PNJ, and it made me so angry!  It's not right that the commissioners are taking an extra $40,000.00 per year over and above their $85,000.00 salary for a part-time job--and I am mad!"  She continued..."Look, I know you don't take that plan, but you voted for it and so I am not happy about that either!"

I listened to her speak, and there is no doubt she was angry and worked up.  So I listened, and then we had a back and forth dialogue and she listened as well.

"I understand you are angry, but that was not a news piece you read--it was an opinion piece from the local cartoonist, Andy Marlette.  And, it is full of lies, half-truths, and falsehoods." I stated flatly. 



"Look, that guy is constantly taking shots at me, he has for the last 16 years.  Cartoons, hit pieces, and flat out lies, slander, and libel about me and other elected conservatives.  He is a sack of garbage, a liar, a misogynist,  a racist, and he is not anyone who is trustworthy in any sense of the word" I explained to her.  "I'm astonished you even take the paper locally--it is so bad, they LIE so OFTEN and so many I know have cancelled their subscriptions!" I stated.  Then I asked her how, if I was such an horrible dishonest politician as Marlette insinuates falsely--"how in the world could I not have been ever accused of doing anything unethical, illegal, or immoral in the last 16 years as an elected official where my entire life exists under a microscope for everyone to examine?"



We talked for a while, and I asked her if she has seen the toxic garbage lies this same individual, racist liberal activist and conservative Christian-hater ---Andy Marlette---  puts out about our Governor, Ron DeSantis, and our Senator(s) Marco Rubio and Rick Scott.  "Yes, I have" she conceded.  "And yet you still support those elected officials though?"  At which point she expressed support for these men while also volunteering the fact that she is/was a Democrat that "votes for the person, not the party, and at the last election I voted straight Republican."  




Then I asked a rhetorical.  "So, you support those Republicans, and do not believe what the PNJ says about them---but the Republican Commissioners---you believe what the cartoonist says about us?



Then we talked at length about the FRS, the 401(a) the differences and the costs for both plans.  I went through the plans in meticulous detail, including the fact that these plans have been in existance in the county for 25 years, the commissioners did not "invent" these plans, and I have not voted for these plans.

We talked about all the employees and elected officials who have expensive pensions, the employees who retire with 100% of their pay for life, and also the exorbitant costs associated with the pension plan for constitutional officers like, for instance, clerk of the court Pam Childers--who's FRS pension costs to the taxpayer are nearly DOUBLE every year (nearly $80K) what the county commissioner's plans

Monday, June 27, 2022

More Concern(s) about a Potential Upzoning on Tower Ridge Road in Beulah



 Folks are concerned about the rapid growth in Beulah.  As a long term resident I am, too.

Going by existing zoning out here is one thing--and I have supported the requests that fall within existing zoning.  But requests for upzoning shoul be studied and considered carefully before approval.  As I stated in my first post on this topic early last week, For my part--I do not favor nor am I inclined to support any upzonings in this area unless and until after we complete the overall Beulah Master Plan and we see what suggestions are offered by the professional planner who will complete this plan based upon the citizen input provided in 2019-2021.

A very well written email in opposition to this upzoning was sent to all commissioners late yesterday afternoon.  Here's the email:

"Dear Commissioners Bergosh, Underhill, May, Bender and Barry,

 My name is xxxxxxxxxxx and I and my family reside at xxxxxxxxxxxxxxxxx Rd in Beulah. Recently we received  a notice of public hearing for a property wishing to be rezoned on Tower Ridge Rd. I would now like to give comment and concern with rezoning and putting in ANY more new subdivisions in this area, as I will not be able to make it to any of the scheduled meetings in person.

         On the surface, sprawling subdivisions and commercial zones are an economic boon for our local economies and municipalities. It creates employment and provides additional revenue to our local government through additional taxes. However, such development also produces drains on the local environmental resources, shifts the economic burden of development to longtime residents, increases transportation and energy costs and diminishes overall community character.

          The most obvious effect I'm seeing out here in Beulah is the destruction of wildlife habitat. We have lived here for over 25 years and have had chickens a good portion of that time. In all that time, we rarely had any trouble with wildlife, in fact the worst we saw was an occasional hawk flying about. Our chickens slept out on top of their coop in warm weather and roamed about free in the day. Since Navy Federal purchased the 250 acres from the 4-H in 2012 and all the building of multiple new subdivisions began in our area, especially the last 4-5 years, the wildlife problem has continued to exacerbate. We began seeing raccoons, possums, more hawks, owls and most recently, we lost 10 chickens over a 4

What Happened?

Some folks are asking about the "why" an ambulance was not dispatched to a fainting episode at an area eaterie, where the patient, once sat up back in her chair,  specifically requested transport to an Emergency Room...

Late Saturday afternoon I received an email from a foodserver who works at a restaurant out on Perdido Key in District 1.  The email came to my personal email account, with the heading "Piss-poor EMS."

In the email, this individual reported that a patient was literally on the ground, on the floor, in her restaurant with no response from EMS for two hours.

Obviously, I am going to look behind that.  Which I did.

From her email:

"I work at Sunset Grille at Holiday Harbor. I also live on Innerarity Point. Tonight I had a guest faint at my restaurant. She needed medical attention.. She wanted to be transported by ambulance. After lying on our restaurant floor for almost TWO  HOURS,  her family opted to drive her to emergency care. This is absolutely unacceptable. It is not only embarrassing it is very worrisome. Escambia County HAS to do better! How can you expect repeat tourism when they experience zero aid in need? Our clientele is elderly and if not that then also not used to our climate. How do we prevent this embarrassment from happening again??? Unacceptable!!!!!"

In her follow-on email to me, she provided a little more context:

"The woman fainted at her table after dinner. As a mainly outdoor restaurant (XXXXXXXXXX) this does happen occasionally. Some require and some decline medical attention. This guest requested professional help. We called 911 immediately. My boss XXXXXXXXXXX spoke with the operator. 30-40 minutes later we called again and were told we were on a list for an ambulance. Another half our later we called 911 a third time and received the same update. We were on a list. At that point the family opted to drive her to the closest urgent care themselves. Five minutes after they left the fire department showed up. I am not in the medical field, I sling shrimp baskets. If one of my guests requests an ambulance I am going to get her one. And while I understand prioritizing emergencies, I

Thursday, June 23, 2022

Lawyers for Condo Owners Make Extensive Public Records Request of County Regarding Beach Access #4 In Perdido Key....

 Here we go again.

Just when we thought it was safe to go in the water--along comes another "request" from the attorneys representing nearby cond owners to Beach Access #4  in Perdido Key in District 1.  They are looking for information on discussions between the county and state and federal environmental agencies specifically about Beach Access #4 in Perdido Key.

It is a wonderful asset, the community at large loves this access point, but apparently there are still some that are looking for a way to shut it down.  That's what it looks like, that's my opinion, and I hope I am wrong.  But Occam's Razor dictates otherwise.

It's open, it's been open, and unless the courts order it closed--it's here to stay.

Here's the request for records, below.





Gas Tax Holiday?

What would a 4 cent reduction on gas locally cost our General Fund in Escambia County?


Channel 3 requested and subsequently conducted an interview with me yesterday on the topic of the President's "Federal Gas Tax Holiday."  Apparently we as local communities and counties will be asked to forego local gas taxes as well along with the federal reduction if it occurs--ostensibly in order to cobble together enough savings to where the average consumer would actually feel "some" relief at the pump.

The state is doing something similar in the month of October.

The idea is fraught with problems, in my opinion,  as I explained during the interview which I don't think Channel 3 used.  Which is fine, no worries.  It's probably no a popular viewpoint I have on this.

Number one problem is I don't know that the President will have support---in his own party---to get this done.

Number two is, 18 cents in federal taxes on a gallon of gas--even if the congress did support this-- would likely be slurped up by the stations, oil producers, refiners and the distributors--with very few pennies of the 18 cents winding up back in consumers' pockets.  

The other argument is that with gas in some areas approaching $7 per gallon---even if all 18cents on a gallon of gas  went back into consumer's pockets----for a 10 gallon fill up this only represents a savings of $1.80 on a cost of $70 dollars on the fill up.  $1.80 on a $70.00 fill up is a savings of only a little over 2% and a negligible amount when juxtaposed to the $70.  $1.80 doesn't even buy a cup of coffee at waffle house or denny's these days.

Locally--our 4 cents per gallon goes exclusively to support mass transit and generates nearly $5 Million per year for ECAT.  Giving that funding up --even for a short duration--would provide very negligible relief in and of itself (e.g at $5.00 per gallon on a 20 gallon fill up costing $100---the savings to an individual if all four cents directly lowered the price which is not a guarantee--adds up to less than a dollar--$.80cents.).  But the overall costs to our general fund could reach a million dollars or more--depending upon how long such a "tax holiday" would last;  if we cut this tax for 30, 60, or 90 days--we would have to plug that funding hole with general fund dollars totalling betweeen $416,000-$1,250,000 (depending upon length of the holiday).

I explained to Ch. 3 that the board has not discussed this, and that I do not know if a discussion is planned, but I would obviously be willing to have this discussion.  But I also told them the better option is for the federal government to actively work to increase supply--which will drastically reduce costs rapidly without constricting demand and utilizing a gimmick bandaid solution which is what a gas tax

D2 Park Problems Persist: Lawnmower Man, Machete Man, and "Poop-Pyramids" on the Beach Path?

Campers who are apparently homeless are creating a nuissance to nearby residents according to a citizen email received by all commissioners yesterday.

UPDATE --5:30 PM Thursday June 23rd--ECSO have sent their neighborhood services team out to this park today and have worked to help find temporary housing for the mother and her children that had been camping in this park.  Staff from parks report the area was cleaned up and cleared out today--the grass and overgrowth was cut back and appropriate additional signage was placed at this park this morning.  Kudos to ECSO and the parks and recreation department for the quick action.

ORIGINAL POST, below.....

Board members received an alarming email yesterday alleging some pretty serious issues at a county-owned property at the end of Fairfield Drive where that road dead ends into Bayou Grande in District 2.

Addressed to the D2 commissioner, the rest of the board was copied on this complaint.

The email listed some pretty significant issues--to include an allegation that folks are camped out on the water and defecating in the sand and then covering up the excrement with dirt, making "poop-pyramids."  There is also mention of a "Lawnmower Man" (not Jeff Fahey)who roams this area cutting down shoreline growth so he can camp on the shoreline.  Apparently there used to be an individual nicknamed "machete-man" who has been spotted down in this area brandishing a machete.  I think machete man moved along. (And no, thankfully it was not Danny Trejo)

It appears as if the issue has risen to the level of the Sheriff's Office and now multiple county officials are aware of it.  I will speak with staff on the matter, as I now been told one group that is "camping" at this park are actually a mom and her two teen children who are homeless.  Apparently they are desperately seeking assistance--but there are no resources available for these folks even though there's supposed to be a well-funded task force addressing this chronic issue.  The email asserts that this family does not want help?  Anyway-- I'll be looking into that and asking questions when we have our upcoming joint city/county meeting on the homelessness issue.

This picture of a purported homeless encampment in D2's South Fairfield park was sent to all commissioners and staff yesterday.


From the email:

"I sent the email below last week and have not heard back. Many residents in the Beach Haven Subdivision are waiting to hear back from me as to your response to this growing problem.

 The email sent June 17, 2022 :

 Doug Underhill,

 I haven't spoken to you in a few years, but found you very helpful when I needed help in my neighborhood some time ago.

 Our neighborhood needs help. We have a park at the end of South Fairfield Dr. in Beach Haven, which is on the water at Bayou Grande.

 Here are just a snippet of the things we neighbors have dealt with from people at the park. Mind you, I feel if this happened in your neighborhood or Chief Simmons' neighborhood, it would be taken care of by now. And this all happens after the park closes. Fights, drug deals, prostitution (my husband had to get people off the beach having oral sex out in the open in front of our grandkids), meth induced women passed out on my lawn, drunk men passed out on my dock, loud music after 10:00 pm, small things like extension cords and crab traps stolen, witnessing THIS WEEK, a woman living in a tent with kids defecating along the pathways. By the way, this woman thinks it is okay because "I cover them with sand." Take a walk through there and you'll see piles of her poop pyramids. 

 I have called the Sheriff several times this week. Every officer gives me a different answer. I have had the Sheriff at my door step to talk about the issue. Last night I called because the park closed after dusk and the woman camping (as she calls it) was still there day after day. She has left her kids there while she is gone and I told her it is not safe there. "Well why don't you call the Sheriff on the guy with the machete?" Oh my gosh, this is what I'm talking about. It is not safe for her kids. Her response, "I have protection in my tent." Also, her response to me was, "Your Sheriff can't do anything to me and the County can't do anything to me. I don't care if I break the rules, lots of people break the rules." I offered to help her and she told me it was none of my business. I told her there are safe places for her that the County provides where her kids will have access to a toilet. I believe she is from Alabama because of her license plate. Listen, she is not some cracked out mom from what I can tell. But she is refusing help, using the park as her toilet and doesn't care about the laws or the respect of the County property. 

 So this woman is correct, "Your Sheriff can't do anything to me." When I called last night, dispatch had a deputy call me. His response when I asked him to have someone go down and get her out of the park, "We'll try, there are only so many of us." And this morning she is still there. It is so disappointing. So I feel like the Sheriffs just give me BS to get me off the phone and never show up at the park to engage with her. I've called several times this week.

 Go to the end of Rentz Street and you'll see several people living there. At night the "F" word echoes through the air. The park was good for a while, but now it is escalating.

 This is exhausting. Several of us work to keep the park clean. I know you can't police the park 24/7. I know your resources are limited, but you told me when I talked to you about the park a few years ago, that I have the right to call every time. It worked for a while. Now, there are zero results. And you'll love this. I Sheriff came to my house and she said, "The County Commissioner has told us we cannot tell homeless people to move off County property if they have no where to go." What?! But she did get the guy with the lawn mower to leave. Then last