NOAA Predicts Slower Atlantic Hurricane Season
May 23, 2014
In its 2014 Atlantic hurricane season outlook issued today, NOAA’s Climate Prediction Center is forecasting a near-normal or below-normal season.
The main driver of this year’s outlook is the anticipated development of El Niño this summer. El Niño causes stronger wind shear, which reduces the number and intensity of tropical storms and hurricanes. El Niño can also strengthen the trade winds and increase the atmospheric stability across the tropical Atlantic, making it more difficult for cloud systems coming off of Africa to intensify into tropical storms.
The outlook calls for a 50 percent chance of a below-normal season, a 40 percent chance of a near-normal season, and only a 10 percent chance of an above-normal season. For the six-month hurricane season, which begins June 1, NOAA predicts a 70 percent likelihood of 8 to 13 named storms (winds of 39 mph or higher), of which 3 to 6 could become hurricanes (winds of 74 mph or higher), including 1 to 2 major hurricanes (Category 3, 4 or 5; winds of 111 mph or higher).
These numbers are near or below the seasonal averages of 12 named storms, six hurricanes and three major hurricanes, based on the average from 1981 to 2010. The Atlantic hurricane region includes the North Atlantic Ocean, Caribbean Sea and Gulf of Mexico.
“It only takes one hurricane or tropical storm making landfall to have disastrous impacts on our communities,” said Joe Nimmich, FEMA associate administrator for Response and Recovery. “Just last month, Pensacola, Florida, saw five inches of rain in 45 minutes – without a tropical storm or hurricane. We need you to be ready. Know your risk for hurricanes and severe weather, take action now to be prepared and be an example for others in your office, school or community. Learn more about how to prepare for hurricanes at www.ready.gov/hurricanes.”
Lawsuit Accuses FDOT Of Withholding Public Records
May 23, 2014
Acting in his capacity as a litigator and not as a legislator, Rep. Matt Gaetz is accusing state transportation officials of stonewalling on a public records request made by a client seeking information about potentially dangerous guardrails.
In a lawsuit filed in Tallahassee, Gaetz asked a judge to give the Department of Transportation 48 hours to turn over 1,000 emails that were the product of a public records request made in February but which the agency has refused to turn over.
Instead, the agency is allowing guardrail vendor Trinity Industries to inspect the documents to determine if they are exempt from public scrutiny.
Florida’s broad “government in the sunshine” laws make most communications issued or received by state officials a public record, but “trade secrets” are exempt from public scrutiny. Florida law also requires that agencies cite specific statutory exemptions when refusing to provide public records.
Gaetz’s client, Massachusetts-based Safety Research & Strategies, Inc., is seeking the records “in part, to determine whether millions of drivers in Florida are currently at risk of injury or death due to FDOT’s use of Trinity’s likely defective guardrail systems,” according to the lawsuit.
State transportation officials said they had not yet been served with the lawsuit.
On Feb. 10, Safety Research’s Melanie MacDonald requested records related to the guardrails going back to 2004, according to exhibits included in the lawsuit. The agency initially gave MacDonald 13 files. When MacDonald questioned the number of documents, FDOT Assistant General Counsel Kimberly Clark Menchion told her she also had a CD with over 1,000 emails.
“We will mail it to you,” Menchion wrote to MacDonald on April 24.
Two weeks later, MacDonald messaged Menchion because she had not received the disk. Menchion wrote back on May 12 saying that the agency was taking “due diligence” to make sure MacDonald received all the information she requested.
“Due to these emails including possible confidential and exempt information, a review by one of the manufactures (sic) has been requested. Once the review is completed, we will send you the CD with the emails,” Menchion wrote.
The same day, MacDonald requested that the agency provide the statutory citation for the exemption but never received a response.
Last year, Trinity sought and received a protective order from a judge identifying two documents as trade secrets and therefore exempt from disclosure as part of separate public records request.
But none of the emails responsive to Safety Research’s request were stamped or labeled as trade secrets, according to the lawsuit.
“Had Trinity labeled documents as trade secrets, those documents would have been easily identifiable by FDOT for redaction in a cursory review of the requested records. There would never be legal justification allowing Trinity to review emails following the Safety Research Request prior to their production,” Gaetz, a Fort Walton Beach Republican, wrote.
“Thus, FDOT lacks even an imaginable basis for the claim that public records, including correspondence regarding customer complaints, injuries, guardrail failures, accidents, design, purchases, testing, manufacturing and the like would qualify as exempt or confidential,” Gaetz continued.
Gaetz, who is seeking legal fees, also asked that the judge appoint a special master to monitor the agency’s compliance with the public records request.
First Amendment Foundation President Barbara Petersen said the law does not allow a private vendor to scrub the emails. (Disclosure: The News Service of Florida is a member of the First Amendment Foundation.)
“Trinity has no role in determining what records will be released by DOT,” she said. “To allow a private company to review the records prior to the release is an unlawful delay of production.”
The burden is on the agency to provide the exemption to the public records law and to ensure that information a company claims is exempt or confidential meets the statutory criteria for an exemption, Petersen said.
“I would say that what DOT has done is highly irregular and may well be a violation of the public records law. The delay is impermissible,” she said.
by Dara Kim, The News Service of Florida
Birmingham Rallies For Seventh Inning Win Over The Wahoos
May 23, 2014
Pensacola Blue Wahoos righty Robert Stephenson is tabbed as the Cincinnati Reds organization’s top prospect this season.
However, he has no wins and two losses, so far, in the month of May. Thursday night, he earned a no decision as the Blue Wahoos blew a 2-1 lead in the seventh inning and lost to the Birmingham Barons, 4-3, in front of a sell-out crowd of 5,038 at Pensacola Bayfront Stadium.
In his last four starts, Stephenson has allowed four earned runs for an ERA of 1.50, struck out 28 batters in 24 innings and only walked eight. Opposing hitters are batting .167 against him during that span. He leads the Southern League with 61 strike outs total.
Now those are the numbers of a top pitching prospect, who has taken the mound since he was 9-years-old and now at age 21 throws fastballs clocked Thursday night at 99 mph. About a half dozen Major League scouts looked on as the No. 19 prospect in the nation (among thousands of minor league prospects) gave up one run on two hits, struck out six and walked four in six innings of work.
“He’s like a wild stallion,” Pensacola manager Delino DeShields said about Stephenson. “We just have to corral some of that energy and fire he has out there. He dominated tonight.”
Stephenson outpitched the Chicago White Sox No. 9 prospect, Chris Beck, who gave up two earned runs on four hits in five innings and struck out four batters.
Stephenson said he’s not worried about his stats. He wants to throw inside fastballs for first pitch strikes to hitters and not fall behind in the count.
“I’m not concerned about my wins and losses,” he said. “I just want to give my team a chance to win.” And “absolutely” strike hitters out he said grinning.
Wahoos pitching coach Jeff Fassero said the main things for Stephenson to work on in Pensacola are more consistency and mastering his change-up. Against the Barons, Stephenson’s second inning was inconsistent. That’s when he gave up three walks, one of which led to a run when the Barrons’ Rangel Ravelo scored on a double to the gap by Kevan Smith. However, Stephenson slipped out of a bases-loaded jam.
“He’s been looking better,” Fassero said about the Reds’ minor league player of the year last season. “He just needs more consistency of all his stuff.”
by Tommy Thrall
Pictured: The Pensacola Blue Wahoos lose to the Birmingham Barons 4-3 at Pensacola Bayfront Stadium Thursday. Photos by Michael Spooneybarger/ Pensacola Blue Wahoos) for NorthEscambia.com, click to enlarge.
Sheriff’s Office Admin Building Temporarily Evacuated Due To Gas Smell
May 22, 2014
The Escambia County Sheriff’s Office administration building was temporarily evacuated Thursday night due to the reported smell of natural gas.
Facilities staff from Escambia County were working with crews from Pensacola Energy and mechanical contractors to re-establish natural gas service to the building at 1700 West Leonard Street.
Natural gas service to the ESCO building, which normally supports boilers for hot water and dehumidification systems, had previously run off the Escambia County Central Booking and Detention building prior to the explosion of April 30.
In reestablishing service, the systems were fully activated early this evening and a call was made that alerted emergency crews to a reported smell of natural gas. The Escambia County Public Safety Department responded and, after evaluating the situation with crews from Pensacola Energy, cleared the building.
The building has since been determined to be safe. Escambia County Facilities staff, Pensacola Energy and contractors are now continuing work to restore natural gas service.
Corrections Admin Building Closes Due To Flooding
May 22, 2014
Flooding has forced the closure of the Escambia County Corrections Administrative Building on North Palafox Street and the relocation of services provided by agencies in the building.
Escambia County Corrections administrators are working to temporarily relocate to the Public Safety Building, located at 6575 North W Street. The goal is to have the Corrections’ administrative services reopened at the Public Safety Building on Friday, May 23.
The Corrections Administrative Building serves customers needing to pay court ordered fees, including cost of supervision, community service and worthless checks. Fees will need to be paid for at the Corrections Department’s temporary location at the Public Safety Building once it opens on Friday, May 23.
Individuals participating in the pre-trial release program or those who are on probation should not be impacted by this event. Since the original flood event in late April, pre-trial release participants have been directed to report to the Blanchard Judicial Building, 190 West Government Street. Pre-trial release participants should continue to report to the Blanchard Judicial Building until further notice.
Escambia County Probation Officers were relocated to the Central Office Complex, 3363 West Park Place, nearly two weeks ago and those needing to report to their Probation Officer will continue to do so at the Central Office Complex.
Child support hearings have been relocated until further notice to the Juvenile Justice Center, 1800 St. Mary’s Avenue.
The building was first flooded during the April 29 rain event. Sometime between the close of business Wednesday and the start of business Thursday, the pump system used to remove water from the building’s subbasement failed causing water to rise into the basement level of the building. Escambia County Facilities Department employees discovered approximately five feet of standing water in the basement when they reported to work Thursday morning.
As a result of this flooding issue, the Escambia Corrections Administration Building has been closed and all utilities servicing the building have been turned off. The overnight flooding of the basement has compromised the building’s air conditioning system, plumbing and mechanical operations.
There were no injuries associated with the flooding of the Corrections Administration Building.
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