Century, Pensacola At Stalemate Over North Escambia Gas Franchise
May 22, 2014
It’s coming up on a month since the Escambia County Commission delayed a vote on natural gas franchise agreement to give Century and Pensacola time to work out their differences, and, so far, Century’s attorney says there’s been no conversation at all.
“Since that time I have not heard one word,” attorney Matt Dannheisser, who represents the Town of Century, said. “To be honest, I’m not surprised in the slightest…Their (Pensacola’s) track record has suggested to me we may not hear anything from them.”
Century currently holds exclusive franchise rights from Escambia County to provide natural gas service from the Escambia River westward to almost the Perdido River and from the Alabama state line southward to near Bogia. The franchise area includes Century, Byrneville, Bratt, Oak Grove, Walnut Hill and McDavid. The 50-year franchise was granted by the county in 1968 to the Town of Century (then known as the Town of South Flomaton) to provide natural gas services to the northernmost part of the county.
Pensacola Energy, formerly known as Energy Services of Pensacola, currently provides natural gas service to commercial customers in Bratt and Walnut Hill — within the Town of Century’s gas franchise area. Pensacola Energy provides natural gas to Ernest Ward Middle School and Escambia Grain in Walnut Hill, and Bratt Elementary and Northview High School in Bratt. They also provide natural gas service to an unknown number of residential customers near Kansas Road, Green Village Road and North Highway 99 in Bratt.
The Escambia County Commission agreed in late April to hold off about 90 days to allow Century and Pensacola to work out their differences prior to scheduling a public hearing on the proposed franchise.
Dannheisser accused Pensacola of trying to “muddy the water” and “confuse the county commission”. He said there are only two issues of concern to the commission — Century’s request to extend their franchise on the same terms as other gas companies in the county so everyone “plays by the same rules”, and Pensacola’s infringement into Century’s franchise area.
“Pensacola has been infringing in our franchise for quite some time,” the attorney said, adding that Century still does not know the extent of the infringement and how much revenue the town may have lost.
He said Century’s original intent was to obtain the franchise extension from the county commission, then address any issues between the town and city.
Dannheisser said none of the involved parties have been able to locate any past evidence of any agreement that allowed Pensacola to provided natural gas service in the North Escambia area.
If Century and Pensacola can’t come to terms, litigation is a possibility.
But the cost of litigation could exceed the benefits received, Dannheisser said, candidly adding the fact had been pointed out to him by Pensacola’s attorney “no less than 15 times…as if I were obtuse and could not recognize that right off the bat.”
Pictured top: A Pensacola Energy meter in front of Ernest Ward Middle School in Walnut Hill, inside the Town of Century gas franchise area. Pictured below: The Town of Century’s gas franchise map (click to enlarge). NorthEscambia.com photos, click to enlarge.
Traffic Relief: FDOT Changes Traffic Signal Timing On Davis Highway
May 22, 2014
In order to accommodate the increased traffic congestion resulting from the Scenic Highway detour, the Florida Department of Transportation (FDOT) has changed the traffic signal timing along Davis Highway. Recent heavy rains and flooding in the area caused damage to Scenic Highway in several locations, with the associated detour routes having been designated as Davis Highway and Ninth Avenue.
These plans will result in a longer green time on Davis Highway which will allow for a more expedient flow of traffic during peak periods. The morning peak plan will favor the southbound direction while the afternoon peak plan will favor the northbound direction. These changes could also increase wait time for side street motorists entering Davis Highway and pedestrians attempting to cross Davis Highway.
The signalized intersections along the corridor will be monitored for the duration of the detour, and the signal timings will be adjusted and fine-tuned as necessary. Motorists are encouraged to be patient as ongoing roadway work is progressing to provide full recovery from the damage caused by the recent storms.
Major Escambia County Heroin Distribution Ring Busted
May 22, 2014
Three people were arrested after the Escambia County Sheriff’s Office busted an heroin ring and made the largest heroin seizure in the last 10 years in Escambia County.
The ECSO’s Narcotics Unit and SWAT team served multiple search warrants before daybreak Tuesday.
The Sheriff’s Office in conjunction with the Alcohol Tobacco and Firearms (ATF), Drug Enforcement Agency (DEA) and Florida Department of Law Enforcement (FDLE) concluded a six-month narcotics investigation pertaining to the sale and distribution of black tar heroin in Escambia County, Florida. Black tar heroin is a potent form of heroin, mainly produced in Mexico and smuggled into the United States, according to deputies.
James Jonathan Mitchell, 50, was charged with battery, resisting an officer with violence, heroin trafficking and possession of drug paraphernalia. Phoebe Noelle Roper, 23, and Justin Wayne Williams were both charged with trafficking in opium/derivative and possession of narcotics equipments
During the investigation, investigators located an out-of-state supplier and local distributors and seized black tar heroin, steroids and prescription narcotics with an estimated street value of more than $45,000.
Multiple firearms were recovered including pistols, an assault rifle, a fully automatic submachine gun and a large store of ammunition, investigators said. A large sum of U.S. currency, vehicles, jewelry and other assets derived from the sale of narcotics was seized.
The investigation was initiated after law enforcement observed an influx of narcotics related crime and suspicious deaths attributed to heroin. The investigation is ongoing and additional arrests are expected.
State Not Backing Down In Fight Over Kosher Meals For Inmates
May 22, 2014
Florida corrections officials and the federal government fired the latest salvos this week in a drawn-out battle over whether the state is required to serve kosher meals to inmates.
The Department of Corrections and the U.S. Department of Justice filed motions for summary judgment in the federal court case, with arguments centering on the federal “Religious Land Use and Institutionalized Persons Act” law.
The law, which went into effect in 2000, prohibits the state from imposing a “substantial burden” on an inmate’s religious exercise, unless it can prove that the restriction furthers a “compelling government interest” and is “the least restrictive means” of furthering that interest.
The Justice Department sued the state over the kosher meals almost two years ago in the latest part of a decade-long court battle concerning the religious diets. In December, U.S. District Judge Patricia Seitz gave the agency until July 1 to offer kosher meals to “all prisoners with a sincere religious basis for keeping kosher.”
The state had argued that providing kosher meals is prohibitively expensive and poses a security risk because inmates would have to be transferred to facilities that either had kosher kitchens or that served the meals. Seitz rejected those arguments in her December ruling.
In a brief filed Monday, lawyers for the Department of Corrections argued that the law allows Florida to scrap the kosher meals because of the financial burden placed on the “cash-strapped agency.” The state has spent more than $200,000 on the lawsuit so far.
Congress intended the federal law “to be applied with great sensitivity to a state’s limited resources and the need to control its costs,” Florida Assistant Attorney General Lisa Kuhlman Tietig wrote.
But Justice Department lawyers argued that the state is required to provide the meals “to protect the religious freedom of prisoners” and can afford to do so.
“Defendants’ ability to pay for religious diets is further highlighted by their expenditures on a variety of pro-social programs. … Many of these programs, including plumbing technology courses, are not legally required,” the lawyers wrote.
The state and the Justice Department are also at odds on how much it will cost to feed prisoners who sign up for the religious meals, an option not only for Jewish prisoners, but for Muslim and Seventh-Day Adventists, whose religions also prescribe dietary restrictions.
About 8,400 of the state’s approximately 100,000 inmates have signed up for the meals and will cost the state an extra $21 million, or the equivalent of 420 workers, according to the corrections department, which ran a $45 million budget deficit last year.
“Bills must be paid. Money must be found to pay them. Sometimes, paying them means foregoing other costs. In the case of a court, that might mean foregoing Westlaw time or salaries for marshals or law clerks. For a prison system, it might mean roofs for prisons and salaries for security staff,” Tietig wrote.
But lawyers for the Justice Department argued that agency has inflated the costs, saying that the current participation rate will likely decline because the “Cadillac” hot boxed-meal plan originally offered was recently replaced by cold meals. Corrections officials introduced a revised diet consisting primarily of peanut butter, sardines and cabbage in March. This month, the agency asked Seitz to give them an extra year to offer the meals at all prisons.
After an initial surge in those seeking the religious diet abates, Florida’s participation rate will likely mirror the 1 percent of federal prisoners who receive the kosher meals, the Justice Department lawyers wrote. That would cost about $730,000 per year, “a tiny fraction of Defendant’s $2.3 billion budget,” they wrote. At least 32 other states, including New York and California, offer kosher diets to prisoners.
But the state argued that, even if just 1.5 to 2 percent of the total prison population joined the program, the department would spend up to $1.7 million a year, not including extra costs for disposable utensils and plates.
“For a cash-strapped agency like the Department of Corrections, these amounts are not a ‘relatively minor expense,’ given other crucial needs that compete for funds,” Tietig wrote.
Florida’s “10 percent” rule, which suspends prisoners from the kosher diet if they fail to eat at least 90 percent of the available meals, is unlawful, the Justice Department also argued. The attendance rate for inmates eating the less-expensive, “main line” diet is only 85 percent, and the department “relies on this 15 percent no-show rate to meet its budgetary goals,” the lawyers wrote.
“Requiring prisoners on the more-expensive kosher diet option to show up for a higher percentage of meals than prisoners on the less-expensive main line is not a method to prevent waste — let alone the least-restrictive means of doing so,” they wrote.
A trial in the case is slated for Aug. 25, but Seitz could rule on the motions instead.
by Dara Kim
Pictured: The cafeteria at Century Correctional Institution. NorthEscambia.com file photo, click to enlarge.
Wahoos Beat Barons
May 22, 2014
The Pensacola Blue Wahoos beat the Birmingham Barons 7-2 in the first game of a five-game series Wednesday night.
Pensacola got on the scoreboard first in the fifth inning when left fielder Brodie Greene hit a deep sacrifice fly ball to right field that scored Juan Duran, who led off the inning with a double over the centerfielder’s head. Two more runs scored on a walk to Devin Lohman, a double down the right field line by Rey Navarro and another double to right by Travis Mattair, who has a six-game hitting streak.
In the next inning with the bases loaded, Greene cleared the bases, hitting a sizzling groundball into the left field corner for a triple that gave Pensacola a, 7-1, lead. He also scored a run.
“Each at bat I’m feeling better and better,” Greene said. “I’m trying to take advantage of my opportunities.”
Birmingham scored in the sixth inning on a home run by Trace Thompson. It was the only run given up by Pensacola’s starting pitcher, Daniel Corcino, who struck out the first Barons’ batter in four of the first five innings and had six strikeouts total.
Pensacola manager Delaino DeShields liked Corcino’s performance Wednesday, after giving up six runs in 1 2/3 innings in his last outing.
“It was a solid game for Corcino,” he said. “He had a rough outing the last time but was back tonight.”
by Tommy Thrall
Memorial Day Closures
May 22, 2014
The following offices in Escambia County will be closed Monday in observance of the Memorial Day holiday:
- Escambia County Board of County Commissioners
- Escambia County Clerk of the Circuit Court and Comptroller
- Escambia County Property Appraiser
- Escambia County Tax Collector
- Escambia County Supervisor of Elections
- West Florida Public Library System
- Perdido Landfill administrative offices.
- Town of Century
Escambia County’s 911 dispatch, EMS and fire Services will operate as normal on Monday.
Escambia County Area Transit (ECAT) will only operate 59 Express, 64 Beach Jumper and Beach Trolley routes on Monday.
ECAT administrative offices will be closed on Monday, May 26, office hours and regular services will resume on Tuesday, May 27. For more information visit, goecat.com or call (850) 595-3228.
The following offices in Santa Rosa County will be closed on Memorial Day Monday:
- Santa Rosa County Board of Commissioners, including the library system and animal shelter
- Santa Rosa County Clerk of the Court
- Santa Rosa County Property Appraiser
- Santa Rosa County Supervisor of Elections
- Santa Rosa County Tax Collector
The Central Landfill will be open Monday from 7 a.m. until 5 p.m.
Sheriff Warned County About Jail: ‘Future Flood Might Be Much More Serious’
May 21, 2014
Following the flooding of the Central Booking and Detention facility in June 2012, Escambia County Sheriff David Morgan wrote a letter warning Interim County Administrator Larry Newsom and county commissioners that restoring the basement to “pre-flood” condition without safeguards against flooding could result in severe consequences.
“The ramifications of a future flood might be much more serious,” Morgan wrote in his November 14, 2012 letter to Newsom.
“I strongly object to restoring the facilities in the CBD basement to their original location. Now is the time to relocate these critical functions to an above-ground site that will not be subject critical services to the risk of becoming disabled in the event of a future flood or rain event,” Morgan concluded.
Morgan listed in his letter numerous problems associated with restoring the basement, which the county did. Morgan’s warnings about future flooding included:
- The central feed for all power, including the direct line and emergency generator is in the basement. With a flood, there is no power at all in a facility holding up to 697 inmates. Without power, the sheriff said water pressure drops, decreasing sewage capacity. A sewer pump is disabled, and sewage will eventually stop up. ECSO warrants, booking and classifications go offline. And the five story building loses elevator service.
- Chiller units serving the CDB, main jail, and Juvenile Justice are disabled in a flood, causing a wet and a hazardous environment for inmates and staff.
- Boiler units were a total loss in the June 9, 2012, flood, as was the basement laundry facility for CDB. The basement also houses a kitchen that supplies food to the CDB and serves as a main jail backup.
“The list is extensive, but not comprehensive, and if any of the above systems are not restored in a timely manner inmates may have to be evacuated at a cost of both money and human resources possibly placing the public at risk if mass relocation is required,” the sheriff wrote.
Escambia County responded with a press release Tuesday afternoon.
The release said the Escambia County Commission and Administrative staff had a difficult decision to make. Moving all flood damaged equipment to the next floor of the CBD building, possibly the best way to prevent issues caused by a 100 year storm event, was not considered cost feasible. The insurance holder for the County’s correctional facilities had no issues with the County’s plan to repair the damaged facilities, as long as there was proactive improvement measures included in the plan.
The county release said the county plan did include improvements that, once completed, would have helped mitigate the threat posed by severe weather. Those steps included:
- Adding a wall and pumps to the bottom floor of the CBD (the back wall was built, but the pumps had not been installed before the April 2014 flood)
- Adding additional retention ponds to the area around the jail (property for one new pond had already been purchased before the flood, but construction on a retention pond had not yet begun)
Escambia County’s response pointed out that there was no FEMA Disaster declaration following the storm which flooded the CBD building in 2012. This meant that any large-scale changes and improvements would have been paid for solely by the tax payers of Escambia County.
Currently, leaders with the Escambia County Administration, Corrections and Facilities divisions are working with consultants to create a cost benefit analysis of all possible options for “the future of corrections facilities. This includes the cost of relocating jail facilities, consolidating operations to comply with the U.S. Department of Justice requests, increasing the use of technology to lower staffing costs while providing the safest, most modern correctional facilities possible,” the county release stated.
The Central Booking and Detention Center basement flooded again on April 20, 2014. An explosion occurred that killed two prisoners and injured about 200 inmates and corrections staff. The building has been deemed a total loss and will require replacement. Investigators have determined the explosion was caused by a natural gas leak, but the cause of the leak and explosion are still under investigation by the ATF.
Womanless Beauty Pageant Thursday To Help With Lung Transplant
May 21, 2014
A Womanless Beauty Pageant will be held Thursday, 7 p.m. at Northview High School. All proceeds will benefit Cheryl Stacey.
Stacey is critically ill in a Birmingham hospital awaiting a double lung transplant. She is the mother of two current Northview students and a Northview graduate. She was extremely active in the band and football programs at Northview for several years.
The Womansless Beauty Pageant was organized by several band and musical theater students to benefit Stacey. The program begins at 7:00 p.m. in the Northview Theatre. Admission is $5, with all proceeds going towards Stacey’s medical expenses.
Additional donations are welcomed, and $15 t-shirts will be sold. Checks should be made out directly to Allen Stacey or to the NHS Band Boosters.
School Board Conveys Property To Century For Existing Ball Fields
May 21, 2014
The Escambia County School Board has conveyed a 5.59 acre parcel to the Town of Century for $1 for existing ball fields. The move came after the town discovered it does not actually own the property that contains all or a portion of four ball fields at a town park.
The ball fields at Century’s Showalter Park are on a parcel owned by the Escambia County School District. The Town of Century will pick up the $1429.75 tab to Fabre Engineering for the required boundary survey.
Pictured top: The highlighted area shoes all or part of four ball fields at Century’s Showalter Park that were constructed on property owned by the Escambia County School District. NorthEscambia.com graphic, click to enlarge.
Record Florida Budget Lands On Scott’s Desk
May 21, 2014
Florida’s record $77.1 billion, election-year budget went to the governor Tuesday along with 21 other bills, including a proposal to increase highway speeds that is expected to be vetoed.
Gov. Rick Scott and his staff have 15 days to scrutinize every line in the 431-page budget document, weighing legislators’ earmarks against the need to score political points in allowing individual items to remain or be vetoed.
And for the most part, Scott and his staff haven’t offered clues on what will stay or what will go.
The spending plan (HB 5001), the largest in state history, spreads around a hefty surplus, adding new money to public schools, state colleges and universities, environmental projects and child welfare while leaving room for about $500 million in tax and fee cuts that are already being used as a centerpiece for Scott’s re-election campaign.
Among the more-unique individual items in the budget are $2 million for public transportation improvements so people can get to the planned 1,000-foot SkyRise Miami tower, $123,000 for a dog park in Jacksonville and $350,000 for restoration of an Addison Mizner-designed fountain in Palm Beach.
Scott has line-item veto power. Last year, he cut $368 million from what had been a $74.5 billion budget.
He cut $142.7 million from the spending plan in 2012, after nixing $615 million his first year in office.
The Florida Democratic Party wasted little time in calling for Scott to veto unspecified “pork” in the budget and direct the Republican-dominated Legislature to instead shift more money to education.
“With over a billion dollars in new revenue this year, there’s no excuse for public schools not to be fully funded,” Democratic Party Chairwoman Allison Tant said in a prepared statement.
The budget provides the highest education funding in Florida history in terms of its total amount. However, on a per-student basis, education funding is still almost $190 below where it stood before the 2008 financial collapse.
Senate Appropriations Chairman Joe Negron, R-Stuart, expects the governor will have a difficult time finding “pork” in the budget.
“The burden of proof rests with an individual legislator on any budget item, but I’ve had good conversations with Gov. Scott and with his budget staff,” Negron said. “I strongly disagree with the assertion about pork in the budget. Under our constitution the Legislature is the appropriating body. The budget should contain items that individual, elected legislators think are important to their community.”
Negron noted that the spending plan includes $7.1 million for a new 4th District Court of Appeal courthouse on state-owned land in West Palm Beach. Negron said the item, which he backed, will be far different from the $48.8 million 1st District Court of Appeal building in Tallahassee that has been dubbed the Taj Mahal.
“The (4th District) building will be smaller, it will be more efficient, it will be appropriate for what is transpiring in the building,” Negron said. “We’re going to show how a public building can be done in a very efficient and effective way.”
The replacement of the 44-year courthouse in West Palm Beach comes as the current building has mold in the courtrooms and was in line for $3 million in renovations to comply with security and Americans with Disabilities Act needs.
The delivery of the budget will also soon spur Florida TaxWatch’s annual list of “turkeys,” which are projects the Tallahassee-based group says the governor should consider vetoing.
TaxWatch spokeswoman Morgan McCord said Tuesday that no date for the release of the turkey list has been set.
Among the 21 other bills sent to the governor on Tuesday is a measure (SB 392) that would allow the state Department of Transportation to increase speeds from a maximum of 70 mph to 75 mph on certain highways.
Scott announced last week he would “stand with law enforcement,” which has opposed the possibility of higher speed limits, and veto the bill.
Sen. Jeff Brandes, a St. Petersburg Republican who was one of the sponsors of the measure, intends to bring the proposal back next year.
Another bill (SB 2514) now before Scott gives him a second chance to decide on the future of the Coast to Coast Connector.
The bicycle and pedestrian path — backed by incoming Senate President Andy Gardiner — is up for $15 million to link an existing patchwork of trails across Central Florida.
The bicycle path proposal was vetoed last year when it was listed as a $50 million line item spread over five years.
Gardiner, an Orlando Republican who views the project as an economic driver, has been working to change Scott’s opinion of the trail between Titusville and St. Petersburg.
by Jim Turner, The News Service of Florida