Just Released: Second Opinion Document Says County’s 401(a) Annuity Plan Is Legal
August 13, 2021
Escambia County has released a second legal opinion document that states the county’s 401(a) annuity plan is in fact legal for elected officials and senior management.
The board obtained an outside legal opinion from Michael Mattimore of Allen Norton & Blue, which Commissioner Jeff Bergosh described as a “very expensive, high end government firm out of Tallahassee”.
On August 5, the Escambia County Commission voted to release the legal opinion, but one document was withheld due to the potential of future litigation. Thursday, that document was released to NorthEscambia.com. Like the first, it states the 401(a) plan is permissible.
In late July, Escambia County Clerk Pam Childers asserted that state has told her that the county’s 401(a) annuity plan is illegal.
“It is my opinion that the Local 401(a) Annuity Program is legal,” Mattimore wrote of that plan. To read the complete July 21 opinion (pdf), click or tap here.
The July 21 correspondence was a clarification of the first email from Mattimore. To read that first opinion, which was just released, click or tap here (July 2 opinion).
Commissioners Stephen Barry, Robert Bender and Lumon May all opted for the plan.
Barry said there was additional documentation in Internal Revenue Service code and from Westlaw, an online legal research service and proprietary database for lawyers and legal professionals, that references the legality plan type. The commissioner’s vote also allowed the release of that information.
“It’s been alleged that it is illegal because it is not a local annuity. That’s not true,” Barry added.
“To think that I did something illegal be completing a piece of paperwork that HR gave me when I started this position,” Bender said at an August 2 meeting. “I didn’t have vote in it. I didn’t do anything with it. They (HR) said here are your three options, and I chose one.”
“The plan goes back to 1997, 25 years give or take, and we’ve had 25 audits that have never pointed to any issues to the plan,” Barry remarked.
“We should certainly not only get an opinion, but we should get a court order,” May previously said. “It should be brought forth because it deserves to be decided whether by commission or omission is this legal, is it ethical, or is it right. I do believe that it is.”
401(a) Annuity Program
It’s called a 401(a) annuity program, and under state statute was offered only to senior management service employees and commissioners that opt out of the Florida Retirement System (FRS). It’s available statewide, not just in Escambia County.
The plan does not cost Escambia County taxpayers anything extra when contributions are made in a timely fashion; the employee contributions are exactly the same whether or not the money goes into FRS or the annuity program. FRS has significant administrative overhead and fund liability that is funded from employee contributions. The 401(a) annuity plan participant costs are lower, so participants can earn significantly more retirement dollars.
Escambia County has offered a 401(a) annuity program to senior management employees and elected officials since 1997.
Sand Available In Advance Of Possible Tropical Weather, Just In Case
August 13, 2021
Escambia County is offering free sand for residents living in flood-prone areas in advance of possible heavy tropical rain this weekend due to tropical system Fred. The sand is available on a first come, first served basis at the following locations:
- John R. Jones Jr. Athletic Park – 555 E. Nine Mile Road
- Don Sutton Park – 2320 Crabtree Church Road, Molino
- Travis M. Nelson Park - 4541 Highway 4, Bratt
- Equestrian Center – 7750 Mobile Highway
- Escambia County Road Department – 601 Highway 297A
- Brent Athletic Park – 4711 N. W St., Pensacola
- Ferry Pass Middle School -available on northwest corner of school property on Parazine Street
- Baars Field Athletic Park – 13001 Sorrento Road, Pensacola
Residents must bring their own sandbags and shovels. Sandbags are usually available for purchase at home improvement and hardware stores.
Pictured: Sand at Travis M. Nelson Park in Bratt. NorthEscambia.com file photos, click to enlarge.
Bleday And Encarnacion Homer, McCambley Shines In Wahoos Win
August 13, 2021
Zach McCambley (W, 1-4) threw five no-hit innings against the Montgomery Biscuits while JJ Bleday and Jerar Encarnacion each homered in Pensacola’s 5-2 win.
McCambley—who had been struggling through most of July—turned his best performance in Double-A. The right-hander allowed only two baserunners and recorded a season-high eight strikeouts. McCambley retired 11 of 12 to open his start and struck out seven of those eleven. At no point throughout his outing did the Biscuits have a runner in scoring position.
Offensively, the Blue Wahoos got started right from the get-go. Bleday opened the first with a double off the top of the right field wall before Encarnacion crushed a two-run homer off Jack Labosky (L, 0-3) over the batter’s eye in center.
The Wahoos added to their 2-0 lead in the fourth inning, when it was Bleday’s turn to unleash his 11th home run of the season. After Connor Justus doubled, Bleday sent Labsoky’s 1-0 offering well over the right field wall to put Pensacola ahead 4-0. Bleday finished the night 2-for-2 with a walk and three RBI. Both home runs for the Wahoos came with two outs in the inning.
Pensacola’s bullpen had only one blemish. Alberto Guerrero surrendered a two-run home run to Ford Proctor, which cut into the Wahoos lead, 5-2. Outside of the night, the pitching was flawless. Colton Hock recorded his league-leading 13th save of the year with a perfect top of the ninth inning.
LHP Jake Eder (3-5, 1.86) will get the Friday night start for the Blue Wahoos. He will be opposed by RHP Jayden Murray (1-1, 3.12)
Escambia Sheriff’s Office To Hold Beulah Community Cookout Saturday
August 13, 2021
The Escambia County Sheriff’s Office will hold a community cookout in Beulah this Saturday.
The free event will food and family fun. Sheriff Chip Simmons, the K-9 Unit, the Mounted Posse and more will be on hand.
The community cookout will take place from 10 a.m. until 1 p.m. at the Beulah Community Park at 7820 Mobile Highway.
Pictured: The Escambia County Sheriff’s Office held a community cookout August 7 in Mayfair. Photo for NorthEscambia.com, click to enlarge.
Escambia County Alabama School System Issues Mask Mandate
August 13, 2021
The Escambia County (Alabama) School System implemented a mask mandate Friday.
The mandate applies to all students in grades 1-12, staff and visitors while inside any school facility. Masks will not be required for outdoor activities such as physical education classes and athletics.
All students, regardless of age or vaccination status, be be required to wear a mask on school buses.
The mask requirement was passed Thursday afternoon by the Escambia County (AL) Board of Education. The mandate will remain in effect through at least September 24 and will be reevaluated.
Jury Finds Robert Howard Guilty In 2017 Murder Of Naomi Jones
August 12, 2021
An Escambia County jury Thursday evening found Robert Howard guilty of the first degree murder of 12-year old Naomi Jones in 2017.
Howard was sentenced to life in prison without any chance of parole.
Prosecutors said Howard kidnapped, murdered and dumped the body of Jones into Eight Mile Creek.
Authorities say Howard was living with his girlfriend in the same apartment complex in which Jones lived in the 1400 block of East Johnson Avenue. She was last seen May 31, 2017, in that apartment complex.
Jones likely died within 24 to 36 hours after her May 31 disappearance, Escambia County Sheriff David Morgan said at the time. Her body was then later dumped into Eight Mile Creek, some 4-5 miles away, where it was found days later by two men looking for a fishing location.
According to court documents, Howard admitted to being at the apartment complex the day Jones went missing and having contact with her at his apartment. He became extremely angry and committed “a violent act” against Jones causing her death. He then placed her body in the backseat of his Nissan Altima and traveled to multiple locations, including Brewton, AL, before returning to Pensacola and throwing Jones’ body into the creek.
Howard is convicted sex offender. He was convicted in 1999 on two counts of first degree rape to two adult females in Escambia County, Alabama. One of the victims was 19-years old at the time. He served 15 years.
Community Mourns Passing Of NWE Youth Football Coach Greg Gibson
August 12, 2021
The North Escambia community is mourning the loss of youth league football coach Greg Gibson.
Gibson served as president of Northwest Escambia (NWE) Chiefs Football and Cheer since 2013 and had coached most years since 2002.
He passed away early Thursday morning due to COVID-19, leaving behind a wife and his children. And hundreds of other children he loved and influenced in the community.
“Very, very tragic news. The Northwest Escambia community has lost a young man that has been the rock for Northwest Escambia football ever since I’ve been in office,” Escambia County Commissioner Steven Barry said during a Thursday morning BOCC Committee of the Whole meeting. “He loved those kids like his own.”
“It’s not an exaggeration to say that without Greg’s dedication and persistence and advocacy on behalf of those young people in that Bradberry Park, Bratt, Byrneville communities, Walnut Hill. Very likely there wouldn’t be a Northwest Escambia football organization.”
“They’re going to be fielding twice the size of the league this year, as they have last few years. And, and that’s in large part due to Greg’s efforts and it’s I was shocked. I was shocked when I heard that this morning and it’s just one of the most tragic things that I’ve heard in a number of years. Just a very, very good guy that did everything for the right reasons,” Barry continued. “Bradberry Park wouldn’t be what it is today without Greg’s help and advocacy.”
“Greg Gibson was a wonderful person, a wonderful coach,” Commissioner Lumon May said. “It’s just a sad day in the youth football world.”
“It’s just a sad day, and it reminds us of how dangerous and how mean COVID and the coronavirus can be,” May said. “It just has to be a worse day nightmare that a little league coach with so much influence would die from COVID.”
Hundreds of tributes and condolences were offered Thursday morning on Facebook. Here are just a few:
“This news has shocked our small town where everyone who lives here loves Greg.”
“Greg Gibson made such a huge impact on so many here in the surrounding areas. Great role model and such a great inspiration. Never seen Greg when he didn’t put all his energy into encouraging, motivating, and uplifting someone in some way. He did everything he did with a smile.”
“Our community is heartbroken this morning.”
“To say that you played a huge part in every player that’s ever played under you is the biggest understatement in this world. I’m absolutely broken to hear this. You did more than just coach a team you made us into who we are.”
“My heart is so incredibly broken this morning. Thank you Greg Gibson for pouring into our kids and this community.”
“Thank you Greg Gibson for the footprints you left in all of my boys’ hearts over the years of not only building ball players but instilling the values of character, discipline, leadership, perseverance, friendship, family and kindness to help them grow into good men. You have truly touched the lives of so many people, and because of your kind, encouraging heart your legacy will live on.”
“We lost a great man, coach, mentor, and friend this morning…We love you Greg and we will deeply miss you.”
NorthEscambia.com photo, click to enlarge.
First Day of School Went ‘Pretty Well’, Escambia Superintendent Smith Says
August 12, 2021
The last students on school buses were arriving at home late Wednesday afternoon as Escambia Superintendent Tim Smith took a moment to look back at his first, first day of school in Escambia County.
“It went pretty well,” he told NorthEscambia.com as he looked back on a day that started with him visiting bus stops in District 3.
He said the number of students that enrolled were about on par with projections.
“We are right at what we were anticipating, just over 37,000,” Smith said, “and we’ll still get students coming in.”
Transporting those students to and from school was a major concern for the first day due to a bus driver shortage. District staff carefully planned the logistics of changing start and dismissal times at many schools in order to allow drivers to take on more routes. And, overall, the plan seemed to have worked.
“We did have some late buses, although on the first day that’s not highly unusual. Just getting up the routes and really making sure the kids get on the bus and managing that,” Smith said. “But in general, we did pretty well with our buses.”
In addition to the stack of forms that parents need to fill out for each student this week, the superintendent said there are a couple of important things not to overlook.
“Parents can make sure that they’ve had the conversation about whether their students should wear a mask or not. I saw quite a few masks today. So it’s just good for the student to know what their parents expectation is,” he said. The Escambia County School District does not have a mask mandate; masks are a parental option for the students.
“And let’s make sure make sure students are ready to go in a class and paying attention and doing homework and all those good things.”
He also noted that parents must opt in for health services under a new state law.
“We can’t even take a temperature if we don’t have the parent opting in for that; the parents must fill out that form authorizing (health services),” he stated.
“There were a lot of smiles today around campuses and a lot of lot of excitement, so it’s just great to see kids walking onto the campuses,” Smith said.
Pictured top: Escambia County School Superintendent Tim Smith (far left) started the first day of school visiting bus stops in District 3 with school board member Laura Edler (third from left). Photo for NorthEscambia.com, click to enlarge.
Large Portion Of Nine Mile Road Opens To Four Lanes Of Traffic
August 12, 2021
All four travel lanes are now open on Nine Mile Road between Untreiner Avenue (near Highway 29) to Surrey Drive (west of Pine Forest Road).
The final, friction layer of asphalt for the outside lanes will be paved over the next three weeks during nighttime hours, according to the Florida Department of Transportation. Next, crews will apply the permanent, thermoplastic striping to the roadway.
This part of the the Nine Mile Road improvement project is a $20-million effort to widen the heavily traveled roadway from two to four lanes between Surrey Drive and Untreiner Avenue. Final completion is anticipated in late-September.
Pictured: This photo, taken between Bowman Avenue and Ashland Avenue (facing west) shows the new travel lanes, median, and median turn lanes. Photo for NorthEscambia.com, click to enlarge.
Century To Receive Nearly $19K Reimbursement From Escambia County For COVID-19 Expenses
August 12, 2021
The Town of Century will receive a COVID-19 expense reimbursement of nearly $19,000 from Escambia County.
The reimbursement includes $10,049.92 for employee paid COVID-19 leave from July 2020 through December 2020, and $8,731.62 for COVID-19 cleaning and PPE supplies. The total of $18,781.54 will be paid from the $57 million Escambia County received in CARES Act funding.
Families First Coronavirus Response Act payments totaling just over $10 thousand were disbursed to seven employees between July 17 and December 31.
The $8,731.62 for COVID-19 cleaning and PPE supplies included $1,789.91 in cleaning supplies such as gloves, sanitizer and bleach; $5,855.65 to disinfect the town hall building three times after positive employee tests; and $1,086.06 for zoom audio conferencing for town council and related meetings.
NorthEscambia.com photo, click to enlarge.