Grand Jury Releases Scathing Report On Town Of Century, Calls For Utilities To Be Sold, Finds Misappropriations, Financial Emergency
March 5, 2019
An Escambia County grand jury has issued a scathing report as the result of their investigation into the Town of Century.
The Town of Century is in a state of financial emergency and numerous improper actions have been taken by administration, staff and the town council, according to a grand jury report released Tuesday afternoon.
The Grand Jury is calling for additional investigation by the State Auditor General, State Attorney’s Office and Escambia County.
The grand jury found that the town of Century is a state of financial emergency, and the current administration and council have failed to act in the best interest of the community. It is recommending that the town sell its water, sewer and gas operations, and only remain responsible for roads, parks, and land use programs.
The grand jury found numerous serious financial problems within the town….a gas system that has lost over a half million dollars in two years, a water and sewer system that lost $465,000 in two years (2016-2018), payroll checks written on an account without sufficient funds to cover those checks, and routine bills that are regularly not paid on time because sufficient funds are not available.
The grand jury also found loans made in previous years to business owners dating back to 2003, but the loans did not appear on the audit as owed to the town until 2017.
The town also amended a budget improperly and borrowed funds improperly from a restricted account, including $306,134 that must be repaid from 2017. The town previously wrongly borrowed about $2.7 million from the Special Revenue fund and approved a repayment plan of $300 per month — a 750 year repayment schedule.
The grand jury found a “lack of understanding of the requirements of both the Sunshine and Public Record Laws, digital recordings of at least one meeting were lost, numerous public records requests were not responded to in a timely manner, paperwork for an economic development loan to one council member has been lost and cannot be located, and three council members were previously charged with non-criminal violations of the Sunshine Law.
For additional details, click here.
The grand jury findings were as follows:
I. We find that the Town of Century is in a state of financial emergency. The current administration and Council have failed to act in the best interest of the community. Town officials have shown a clear lack of knowledge and understanding as to the operations of a governmental organization.
2. The current administration and Council have failed to prepare and approve a budget that is realistic or financially solvent.
3. We find that the administration and Council have improperly borrowed funds from the gas tax account and the Local Option Sales Tax account.
4. We find that there has been a lack of accountability between the Mayor and supervisors and between supervisors and employees.
5. We find that the Mayor has failed to follow proper procedure when approving the use of Town equipment and manpower on private property. This appears to be as a result of a misunderstanding of public purpose and the definition of private and public property. Regular consultation with the Town’s attorney may prevent this type of misunderstanding in the future.
6. We recommend that Century sell the assets of its utility services, sanitation, natural gas, and water and sewer, and use the proceeds to repay the amounts borrowed from the restricted fund. The loss of
customers and problems with the operation of these services make it unlikely that they can ever consistently produce a profit for the Town in the future.
7. Amendments should be made to the Charter or ordinances to provide that the Town will be solely responsible for roads, parks, and land use programs.
8. We recommend that this matter be brought to the attention of the State Auditor General’s Office and that forensic financial audits be done for the past five years. Any irregularities should be referred lo the appropriate agencies, including professional licensing boards if such action is warranted. All contracts for third party professional services should be audited as well.
9. We recommend that Century seek the assistance of a municipal consulting firm to assist in the development of policies and procedures. As part of this process we recommend that an operational audit be done. These policies should provide both job descriptions and salary ranges. All employee benefits should be consistent with industry standards. Employee handbooks should be updated and should contain an anti-nepotism provision. The Florida League of Cities may be able to assist in this matter.
10. All loans by Century should be clearly listed on all appropriate financial statements. No person who has an outstanding loan from the Town should be able to run for any Century public office. Loans should not be made to any Town employee or official.
11.We have heard testimony that there is a lack of written contracts and that contracts do not have expiration dates. All contracts should be reviewed and amended as necessary. All businesses or individuals providing professional services to the Town should have written contracts containing appropriate expiration dates.
12.We recommend additional training in the area of Sunshine and Public Records. This may be done by the Town’s attorney, the First Amendment Foundation or the Attorney General’s Office. We request that the Office of the State Attorney continue to investigate allegations of missing public records as well as the failure to properly respond to public records requests.
13.We recommend that before funds are spent that they be clearly allocated and approved. We have heard testimony that economic development funds may have been spent without proper county approval. In addition, all expenditures must comply with the limitations set forth in the Town Charter.
14.The State of Florida and Escambia County should investigate the misappropriation of gas tax and LOST funds.
15.Spending restrictions should be placed on any funds provided by outside governmental entities that are not otherwise limited in their use. Prior approval should be obtained by the Town before these funds are spent. Specifically, before any funds provided to the Town of Century by Escambia County can be spent, the County should review the proposed expenditure and determine that such expenditure is appropriate.
Pictured top: Century Council members (L-R) Luis Gomez, Jr., Ann Cofield Brooks and Sandra McMurray Jackson at a December 17, 2018, meeting. The three received civil fines last month for non-criminal violations of the Sunshine law. NorthEscambia.com photo, click to enlarge.
Residents Invited To Weigh In On Type 2 Diabetes in Escambia County
March 5, 2019
On March 6, the Community Health Implementation Plan (CHIP) Workgroup is inviting the community to a public forum to discuss the root causes and solutions to type 2 diabetes in Escambia County. This is an opportunity for the community to get involved by contributing ideas, feedback, or resources to address the increasing diabetes burden in Escambia County.
The forum will be held Wednesday, March 6 at 10 a.m. in the West Florida Public Library Conference Room at 239 North Spring Street.
The CHIP workgroup was established in 2016, following the release of the Community Health Needs Assessment (CHNA) to address issues surrounding healthy weight status and food access. This workgroup brings together community organizations and resources to develop actionable goals and objectives for addressing these health priorities in the community. With the new health priorities set in the 2019 CHNA, the focus of this group will be type 2 diabetes.
According to the Florida Department of Health in Escambia County, 16.4 percent of residents currently have type 2 diabetes, and 9.3 percent of residents have pre-diabetes. Type 2 diabetes is a condition in the body where sugar is not properly processed. If left untreated, it can lead to major medical issues, such as amputation and blindness. Pre-diabetes is a condition of elevated blood sugar, and if left untreated, can become type 2 diabetes.
Assignment of Benefits Bill Back On Track After Broxson Overhaul
March 5, 2019
Three weeks after the issue stalled, a Senate committee Monday moved forward with a proposal that would revamp the controversial insurance practice known as “assignment of benefits.”
The Senate Banking and Insurance Committee voted 5-3 to approve the proposal, which Chairman Doug Broxson, R-Gulf Breeze, overhauled after an earlier version did not have enough support to get out of the committee.
With the 60-day legislative session starting Tuesday, assignment of benefits is the biggest insurance battleground of the year. On Monday, insurers and business groups lined up behind Broxson’s proposal (SB 122), while plaintiffs’ attorneys and several officials from home-repair and windshield-repair firms were opposed.
In assignment of benefits, property owners in need of repairs sign over benefits to contractors, who ultimately pursue payments from insurance companies. Insurers contend that the practice has become riddled with fraud and litigation, while plaintiffs’ attorneys and other groups say it helps make sure claims are properly paid.
The controversy originally centered on water-damage claims to homes in South Florida, but it has moved to other parts of the state and insurance claims for windshield damage.
State Chief Financial Officer Jimmy Patronis appeared at the Senate committee and implored lawmakers to address the issue, which he said is driving up insurance premiums. He also pointed to the divisions among groups lobbying on what is known in the Capitol by the shorthand “AOB.”
“All we’ve got is 60 days to fix this,” Patronis said. “And if we don’t do anything for another 60 days, then we’re just sticking the citizens of the state of Florida with another higher bill because we will continue to pass on the struggles and frustrations that these sides will not get together to discuss and work out. So unfortunately, sometimes you have to be the adult in the room and force legislation upon them.”
Broxson’s original version of the bill only addressed imposing limits on attorney fees, the main request of insurers and business groups. But he had to pull back the proposal after Sen. Tom Lee, R-Thonotosassa, joined Democrats on the committee in opposing it.
The revamped proposal was broader than the original version and won the support of Lee. But it created the same divisions as the earlier version among interest groups.
The proposal, in part, would place limits on assignment of benefits in emergency circumstances. It would include a maximum payment of $3,000, or 1 percent of a homeowner’s coverage limit, when AOBs are used for emergency repairs to homes.
The bill also would place a series of restrictions on AOBs that are outside of emergency repairs. For example, it would set time frames in which consumers could rescind the assignment of benefits. Also, it would revamp attorney fees in disputes between insurers and contractors. The bill would allow the “prevailing party” in such cases to receive attorney fees from the other side.
Critics of the proposal argued it was tilted toward insurers. Lee Jacobson, an Orlando attorney, raised concerns about issues such as the $3,000, or 1 percent, limit on AOBs for emergency repairs to homes.
“When someone is standing ankle deep, they don’t want to be told that their senator voted for a bill that caps damages at 1 percent of what they paid premiums for,” Jacobson said.
But state Insurance Commissioner David Altmaier supported the bill, issuing a statement calling Monday’s vote a “win for consumers across our state.”
“Addressing the AOB crisis will remain a top priority in the coming weeks and months,” Altmaier said. “We must protect Floridians from the bad actors who seek to maximize profits at the expense of every policyholder in our state.”
by Jim Saunders, The News Service of Florida
Public Records Requests For Airline Receipts Unanswered; Mayor Still Says County Approved Purchases
March 5, 2019
Update: NorthEscambia.com has received a partial response to our records requests referenced in this article. We are reviewing documentation and will publish an updated story soon.
Weeks after calling an Escambia County commissioner “a lie” over repayment for over $1,600 in airline travel, Century Mayor Henry Hawkins has yet to produce receipts for the tickets in response to requests from the town council president and NorthEscambia.com.
Hawkins told the town council in January that he spoke to Commissioner Steven Barry who promised reimbursement with county economic development funds. Barry denied the conversation ever took place with Hawkins or anyone else regarding airline tickets and reiterated that such an expenditure would require the approval of the entire county commission.
During a subsequent public meeting, Hawkins called Barry “a lie”. “Just like he called me a lie, I’ll call him a lie,” Hawkins said.
On January 8, NorthEscambia.com made a public records request for emails between the town and Barry related to travel or economic development funds, the airline invoices or receipts and reservation information. As of Monday, March 4, no response had been received.
Monday night, Council President Ann Brooks asked Hawkins why he has yet to respond to her request for the airline ticket receipts, and he said he had signed a confidentiality agreement with an unspecified party. He told Brooks he would “black out” information on the receipts and provide them.
“Mrs. Brooks, I told you before that I got the OK from the county,” the mayor said Monday night. “…I’m not going to rehash this again.”
“But I want the receipts,” Brooks responded.
“I’ll black them out and give them to you,” he said. He also told Reynolds during a council meeting that he would provide the information to NorthEscambia.com, but it would be redacted. Hawkins refused to answer questions about the legal justification for the proposed redactions.
The following charges for airlines or travel services appear on the bill list presented to the town council in December:
- American Airlines $501.40
- Delta Air Lines $366.90
- Expedia $560.92
- Frontier Airlines $214.90
The charges, according to the town’s bill list, were incurred in October.
Under the town’s charter, Hawkins is required to seek advance council approval for purchases in excess of $200.
Escambia Set To Settle Federal Lawsuit Over County Website Accessibility
March 5, 2019
The Escambia County Commission this week will vote on a proposed settlement with a man that filed a federal suit claiming the county website is inaccessible to blind and visually impaired individuals.
Walter Joseph Beckman claimed the website at www.myescambia.com is in violation of Title II of the Americans With Disabilities Act. Title II of the ADA prohibits local governments from excluding qualified individuals with a disability from participation in or the benefits from services, programs or activities of the local government.
A recent decision of the U.S. District Court, Southern District of Florida, has held that the obligations imposed on local governments under Title II are different that those imposed on private or commercial entities under Title III where access to public accommodations is accomplished through their websites.
The proposed settlement under consideration includes payment of $13,800 for attorney’s fees and costs, and $1,000 for alleged damages to Beckman. In addition, the settlement agreement gives the county until the end of the year to make the website accessible to blind and visually impaired individuals subsequent to December 31, 2019.
The Escambia County website is produced in-house.
Escambia Hit And Run Suspect Arrested
March 5, 2019
The Florida Highway Patrol said Monday night that a hit and run suspect has been arrested.
Cherie Renee Wallace, 42, was charged with hit and run and aggravated battery using a deadly weapon. She was released from the Escambia County Jail on a $20,000 bond.
January 30, Wallace was involved in an alleged burglary on Fairfield Drive. She backed her black Toyota Celica into 56-year-old Mark Booth while she was trying to flee the scene, according to the FHP.
Wallace is former resident of Molino, according to police reports.
Prep Ball: Tate, Northview, West Florida
March 5, 2019
SOFTBALL
Tate 15 Pine Forest (JV) 0
The Tate High School JV softball team shut out Pine Forest 15-0 on a cold Monday night at Tate.
West Florida
West Florida Lady Jags participated in the Florida-USA Softball Challenge in Panama City Beach this past weekend and this years 2019 team lead by seniors, Guerra, Klemm, McBride, Morgan and Wiley rose to the occasion and came out with 4 great victories.
Friday night, the Jags defeated Mosley 12-2. Amanda Klemm went 3 for 3 with a walk and stealing 6 bases. MeAsia Armstrong went 2 for 3 with a triple, a walk, and 3 RBIs. Mackenzie McBride went 1 for 3 with a 3-Run Homerun. Jeya Prasad got the win, going 6 innings and striking out 16 batters. The Jags also went into game 2 and defeated Walton High School 9 to 5. Down 5 to 1 in the bottom of the 5th inning, they came back and rallied for 8 runs. Kiauna Watson went 2 for 3 with a double. Meredith Morgan got the win, threw 7 total innings striking out 6.
They opened Saturday morning defeating Lincoln High School 2 to 1. Jeya Prasad went 2 for 3 with an RBI. Kenzi Wiley went 1 for 3 with a double. And during their final game, they defeated Bay High School 21-2. Amanda Klemm went 2 for 3 with 2 doubles, a walk, and 3 RBIs. Kiauna Watson went 3 for 4 with a double, triple, and a homerun, and 5 RBIs. Mikayla Kent and MeAsia Armstrong each also contributed at the plate.
West Florida Lady Jaguars are now 1-0 in district play and 7-0 overall. They Lady Jags will travel to Navarre on Tuesday and host Escambia on Thursday.
BASEBALL
Northview 6, Flomaton 1
The Northview Chiefs beat the Flomaton Hurricanes 6-1 in Flomaton Monday night.
Seth Killam earned the win for Northview walking one while allowing five hits, one run and striking out 12 in seven innings.
For Northview: Bryson Love RBI; Nick Venable 2-4, R; Seth Killam 2-4, R; Ben Wilson R; Jackson Moore 1-4, 2R; Adam Aliff 1-3, 2B.
Northview will host Excel on Thursday – JV at 4:30, varsity at 6:30.
Tate 9, Gulf Breeze 6 (Freshmen)
The Tate High School Freshmen opened their baseball schedule Monday night with a 9-6 win over Gulf Breeze, battling back from a 6-1 deficit.
Warren Henke pitched the win for Tate in four innings, allowing two hits and two runs with nine strikeouts.
For Tate: Paul Whitson 3-3, 2R, RBI, 3B; Warren Henke 1-3, 3R; 2B; Jaxson Stafford 1-2, R, RBI, 2B; Saxon Hill 1-2, 2RBI, 2B; Kirk Mosley 1-1, R, RBI; Wiley Griffin 1-1, R, RBI; Tucker Griffin 1-3, R.
Up next, the Freshmen Aggies will be at Pace Thursday at 7 p.m.
Tate vs. Whitewater, GA – Weather Cancellation
Pictured: The junior varsity Lady Aggies after a win Monday night. Courtesy photo for NorthEscambia.com, click to enlarge.
Century Sanitation Large Trash Collection Delayed Due To Equipment Breakdown
March 5, 2019
Large pick ups like limbs will be delayed for Town of Century sanitation customers. The town’s limb truck is broken down. Mayor Henry Hawkins said he hopes it will be in operation again by Friday.
Northview Weightlifting Beats Jay; Track Places In Baker Meet
March 5, 2019
WEIGHTLIFTING
The Northview Chiefs defeated the Jay Royals Monday afternoon in a dual-weightlifting meet at Jay by a score of 56-28.
Results were as follows:
119-lb. class: 1st – Phillips, Jay; 2nd – Dewise, Jay; 3rd – Ahston Ray, Northview
129-lb. class: 1st – Gary Clayton, Northview
139-lb. class: 1st – Logan Bryan, Northview; Roberson, Jay; Tyler Ray, Northview
154-lb. class: 1st – Jarius Moorer, Northview; 2nd – Kennington, Jay; 3rd – Desse, Jay
169-lb. class: 1st – Aunterio Minor, Northview; 2nd – Roberts, Jay; 3rd – Daniel Merit, Northview
183-lb. class: 1st – Eddings, Jay; 2nd – Rayvon Bush, Northview; 3rd – Ahzavion Gregory, Northview
199-lb. class: 1st – Lance McLaughlin, Northview; 2nd – William Swearengin – Northview; 3rd – Sorrells, Jay
219-lb. class: 1st – Jacob Hawkins, Northview; 2nd – Trevor Scott, Northview; 3rd – Murray, Jay
238-lb. class: 1st – Jojo Parker, Northview; 2nd – Davis, Jay
HVY-lb. class: 1st – Matthew Caine, Northview; 2nd – Cameron Findley, Northview
The Chiefs return to action this Friday in the Baker Gator Invitational.
TRACK & FIELD
Results from Northview High School Track during a recent meet at Baker:
Boys
110 Hurdles-1st place Jarius Moorer
100 meter-2nd place Quay Thomas, 3rd place Daniel Merritt
4×100-2nd place
200 meter-1st place Quay Thomas
Long jump-2nd place Ray Bush
Girls
100 Hurdles-2nd place Karlee Criswell
100 meter-1st Crystal Douglas, 2nd Nene Findley, 3rd Lexi Broadhead
4×100 -1st place
200 meter- 1st Nene Findley, 2nd Crystal Douglas
4×400- 3rd place
High Jump-1st Karlee Criswell
Pictured: Northview defeated Jay in weightlifting Monday afternoon in Jay. Photos for NorthEscambia.com, click to enlarge.
Small Fire Reported At Whataburger In Cantonment
March 4, 2019
Firefighters responded to a small fire at Whataburger in Cantonment Monday afternoon.
The small fire was reportedly contained to an area in the attic or ceiling area over a drive-thru window on the north side of the Highway 29 building. No major damage was reported.
The restaurant was evacuated during the incident. There were no injuries.
The cause of the fire remained under investigation.
The restaurant reopened for business Tuesday afternoon.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
