Century To Spend $4,000 To Find Out Lawyer’s Fee And Reasons To Fight Carver/Century Closure
March 25, 2009
The Town of Century will spend $4,000 to find out how much it will cost to hire Crestview lawyer Jeffery Toney to fight the closure of Carver/Century K-8 School, and to find out what legal grounds he thinks the town has to fight the school board.
For about an hour, the Century Town Council, the town’s attorney, local residents and the press tried to get Toney (pictured left) say how much it will cost to have him take on the school board and for him to say what he thinks the school board has done to give the town legal standing to keep the school open. But he never provided the council with an answer, prompting them to accept his $4,000 offer for a memorandum to explain the legal basis upon which he would fight the board. The $4,000 letter will also let the council know how much he would charge to represent them.
Toney, arriving about 20 minutes late for a special council meeting Tuesday afternoon, began by telling the council, “This case involves a severe economic impact that will devastate your town. If there is no elementary school, you are not going to be able to attract any businesses.”
“You have a good opportunity here,” Toney told the council. “It will be a very difficult case…difficult and expensive.”
He said he planned to use his fees to hire other attorneys and experts from around the state to assist in the fight against the Escambia County School Board’s closure of Carver/Century K-8 School. The other attorneys and experts would be needed, he said, because “you are not going to find a lot of cases like this.”
The closure, approved March 17 on a 3-2 school board vote, will not make the Carver/Century kids comfortable, will make them ride 30-40 miles per day on a school bus and will not give them a place to “call home”.
Council President Ann Brooks asked Toney for the specific legal basis for taking the school board to court.
“The immediate impact is economics,” Toney replied, saying that vendors that deliver to the school would no longer shop at local businesses.
Matt Dannheisser, Century’s attorney, interrupted Toney’s response to reiterate Brooks’ question, again asking for the specific legal basis for a claim against the school board.
“We’ve got to exhaust all of your legal remedies,” Toney said.
“I’m not aware of any basis to pursue a claim based on economic impact,” Dannheisser (pictured left) said. “Is there a specific legal precedent that has been violated?”
“We think so,” Toney said, saying that there was an implied contract between the school board and the town to keep the school open. And he said there is “some civil rights stuff”.
Dannheisser again asked Toney to explain the facts related to the case and the basis for legal action. Toney replied that once he was hired by the council, he would explain. He told Dannheisser that his questions “really doesn’t help anything in this situation,” and to “joust on what the legal remedies might be is inappropriate”.
“Could you outline what this is going to cost us?” Council member Gary Riley asked.
Toney said he had an expense sheet and a retainer letter that outlined the financial information, but he did not provide any paperwork to the council during Tuesday’s meeting.
“We don’t have deep pockets, but we do have the desire to win,” Riley said. “We know that this is going to cost.”
“We are going to partner up and will be representing some of the citizens in Century,” Toney said. He said he had other attorneys with him Tuesday representing groups that would aid in the fight against the school board. He did not identify the other groups, but Edward J. Grunewald, executive director of the North Florida Center for Equal Justice in Tallahassee was in the audience and seen leaving the meeting with Toney. The group’s web site states that it was created “to provide primarily the services that will most effectively address the housing and consumer problems that affect large numbers of the eligible population in the region”.
Mayor Freddie McCall asked Toney for a “ballpark figure” on a cost for his services.
“You will definitely get a monthly statement when the retainer is exhausted,” Toney said. The retainer he had offered to the town was at $8,000, but he provided no hourly rate or explanation as to how the retainer would be exhausted.
Dannheisser asked Toney — again — for a cost.
He replied that it would not be a “couple hundred thousand”, but that he could “not honestly say”.
Dannheisser suggested that the school board would immediately mediate if the town could demonstrate any legal basis for a claim, and he said that mediation would be relatively inexpensive.
“I would not be here today if I did not believe this was a legal case,” Toney said, adding that the board would be willing to mediate the case rather than facing him in court.
Toney then said that he was “not here to anwer questions from people that are not professionals”.
“The real question is whether we have a basis,” Brooks said. “Is it worth the taxpayer’s money that we are stewards of?”
Dannheisser then suggested that Toney provide the mayor with a legal memorandum explaining all costs for his legal services and expressing the legal basis for an action against the school board.
“The problem is that if I am going to spend that type of resources and time, I need to be compensated,” Toney said.
“I want to try to answer your questions,” Toney said. “I don’t want anyone to leave here today thinking I did not answer their questions.”
As for providing specific answers, Toney said “I did not want to do that in front of everyone here.”
He later added, “I did not come here to have this forum…I came here to talk to this council in closed session.”
Dannheisser pointed out that Florida’s Sunshine Law — a set of statutes that essentially states that government business in Florida must be conducted in open meetings — would forbid a private meeting between an attorney and client except in a few circumstances once litigation had been filed.
Council President Brooks again asked for a cost.
“Apparently cost is an issue,” Toney said, about 40 minutes after he was first asked for a cost estimate. “You want me to commit to you; you have to commit to me.”
Toney said he would provide the council with the legal memorandum for $4,000, an offer the council accepted on a 4-0 vote with council member Nadine McCaw absent from the meeting. That memorandum is due at the council’s next meeting on April 6, but Toney said it might take longer to prepare.
“We don’t want to give the impression that we don’t want to fight,” Brooks said. But as stewards of the town’s money, she said, the council has a constitutional obligation to spend money wisely.
“I am fighting for my granddaughter right now,” council member Sharon Scott said. “I don’t plan on sending her anywhere but Century.”
Just before the council meeting adjourned, the mayor offered some insight on how the town first made contact with Toney through the activist group Movement for Change.
“A money man in town started this,” McCall said. “He called these people into town and started this; then he turned them over to us to pay the bill.”
Prior to Toney’s arrivel, Dannheisser offered advice to his clients — the town.
He advised that he had been told the suit could cost the town $150,000 “or better” and that he was unaware of any merit for a legal claim against the school board.
Dannheiseer advised the council not to enter an open-ended agreement with any attorney, and that the town could be required to post a bond in state court in order to have a suit heard. He said that bond could cost the town $10,000 or more.
The only possible claim, Dannheisser said, might be based upon the school board’s failure to follow some required procedure in closing the school, such as a missed public notice or hearing.
“The school board could simply jump back through the hoops that they missed,” he said. “They could end up making the same decision that they have already made.”
Flomaton Wreck Involved Man Free On Manslaughter Bond For 2007 Traffic Deaths Of Atmore Couple
March 25, 2009
The driver of one vehicle involved in a Sunday afternoon crash near Flomaton was free on bond at the time of the crash after being arrested for manslaughter in connection with the death of an Atmore couple in a Baldwin County traffic accident.
Authorities identified the driver of a pickup involved in a crash on Highway 31 east of Flomaton Sunday afternoon as George W. Hauer, 59, of Flomaton. Hauer’s pickup collided with a car occupied by a Flomaton family, critically injuring one.
Hauer was arrested March 7 and charged with manslaughter for the 2007 death of an Atmore couple in a Highway 31 wreck near Perdido in Baldwin County. Hauer was released on a $300,000 bond and remained free on that bond at the time of Sunday’s accident.
In the March 20, 2007, wreck, Dwight Eugene Nichols, 74, and his Wilma Ellavan Nichols, 77, of Atmore were traveling south in a Mercedes E320 on Highway 31, when they collided with a northbound sports utility vehicle driven by Hauer, according to Alabama State Troopers. The Nichols died a short time later at an area hospital.
Troopers said Tuesday that Sunday’s accident involving Hauer was still under investigation, and that no charges have been filed in connection with the accident.
Sunday’s accident happened just after 4:00 p.m. on Highway 31 at Old Fannie Road. Two people were transported to Pensacola by two different LifeFlight helicopters, one to Sacred Heart Hospital and one to Baptist Hospital.
Officials say the car, driven by David Smith of Flomaton collided with a truck driven George Hauer. Smith was transported to Baptist Hospital by ambulance was non-life threatening injuries. Hauer was transported to Sacred Heart Hospital by LifeFlight in serious condition.
Leigh Smith, a passenger in car, was transported by LifeFlight to Baptist Hospital in critical condition. Her condition was reportedly upgraded to stable Sunday night. Another passenger in the car, Samantha Bryant, a senior at Flomaton High School, was transported to Baptist Hospital in Pensacola with non life threatening injuries. Passenger Curtis Byrant refused treatment the scene.
Relatives tell us that Curtis Bryant suffered a broken wrist in the accident; Davis Smith suffered a broken jaw; and Samantha Bryant suffered just minor injuries. The mother, Leigh Smith remains hospitalized with broken ribs, a broken shoulder and a broken knee.
Pictured above: Rescue workers work to free a victim of a Sunday afternoon accident near Flomaton. NorthEscambia.com file photos, click to enlarge.
No School Today
March 25, 2009
Students in North Escambia public schools will be out of school all day Wednesday. Teachers will be working as usual for a teacher planning day.
Tomorrow is report card day for Escambia County School District students.
EWMS Eighth Graders Learn Cyber Safety From Attorney General’s Office
March 25, 2009
The Florida Attorney General’s CyberCrime Office painted a picture of reality on the Internet for eighth graders and Ernest Ward Middle School during a Tuesday presentation.
As of last week, 127,390 students in Florida have heard the presentation on Internet safety this school year. Of those, 3,450 have reported that they have been victims.
“I want you to be safe. I want you to be knowledgeable of the hidden dangers when you post online, because some people out there are trying to lure you in and do you harm. These dangers are not limited to your computer. They are real, and some people will try to hurt you emotionally and physically. Be selective in the information you post or give out. “ASL” – Age, Sex, Location – are three of the most dangerous pieces of information to give out online,” Attorney General Bill McCollum wrote on the AG’s Cybercrime Unit MySpace page.
Anyone that requests a Myspace “add” from the CyberCrime unit, students will receive a badge to display on their MySpace page.
The CyberCrime Unit offers tips for students that believe they have been solicited online:
If you believe you have been inappropriately solicited online or find yourself in a situation that makes you uncomfortable, you should report it! There are different ways you can do this:
• Tell your parent or parents.
• Tell a trusted adult. This could be a friend, a teacher, a scout leader, a leader in your community, a coach, a member of law enforcement or a religious leader.
• Tell one of the Advocates or volunteers giving the Attorney General’s CyberSafety presentation at your school.
• Report the incident at the Attorney General’s anonymous tip line found at his SafeSurf Website.
• Visit the CyberTipLine Website.
• Call 1-800-THE-LOST.
To visit the CyberCrime Unit’s MySpace page, click here. For more information on Internet safety visit www.safeflorida.net/safesurf.
Lady Chiefs Drop Road Game
March 25, 2009
The Northview Lady Chiefs lost on the road Tuesday afternoon in high school softball action.
The Lady Chiefs were defeated by Washington High School in a close contest pitched by Miranda Burkett.
Washington won by the final score of 4-3.
The Lady Chiefs will take on Catholic in a district game Friday evening in Pensacola.
Another Escambia School Recommended For Closure
March 25, 2009
Another Escambia County school is slated for closure.
Tuesday, Escambia County School Superintendent Malcolm Thomas recommended the closure of Edgewater Elementary School on the west side of Pensacola. Thomas had narrowed his decision to closing either Edgewater or Navy Point Elementary. If approved by the school board, the approximately 350 students at Edgewater would be transferred to three other elementary schools, including Navy Point.
The closure is expected to save the district about $400,000 per year. The school board will consider the closure at a special board meeting on March 30, with a final vote to come on May 11. The closure would be effective at the end of this school year.
The school board voted March 17 to close Carver/Century K-8 School at the end of this school year to save another $600,000 plus. Those students will be sent to Bratt Elementary and Ernest Ward Middle School.
The total savings from the two school closures is expected to top $1 million per year. Thomas said the district must cut about $30 million overall because of a decrease in funding from the state, partially due to economics and partially due to declining enrollment across the county.
Deadline Near To Apply For Share Of $40,000 In IP Grants
March 25, 2009
The deadline is near to apply for a share of $40,000 in foundation grants from the International Paper (IP) Pensacola Mill.
The deadline for all grant applications is next Wednesday, April 1.Grants are awarded by the IP Foundation out of Memphis, Tenn., which primarily focuses on environmental education, literacy, employee involvement, and new critical community needs. Applicants must be a registered 501c3 non-profit organization or qualifying federal entity to apply.
For additional information about the Foundation, visit www.ipgiving.com.
For more information, contact Jessica Morris at 850-968-4203 or via email at jessica.morris@ipaper.com.
Pictured above: Jessica Morris (L) from IP’s Pensacola Mill presents a $1,462 grant check to Carolyn Findley, reading coach at Ernest Ward Middle School last October. The money was used to purchase Interactive Readers for mid-level and advanced reading students. NorthEscambia.com file photo, click to enlarge.
Lady Chiefs Beat EA Cougars 13-3
March 24, 2009
Northview High School beat the Escambia Academy Monday afternoon on the softball diamond, coming off a heartbreaking 7-6 Friday.
The Chiefs traveled north to Canoe and beat the Cougars 13-3 in six innings.
EA took an early lead, getting the only point of of the first inning. Northview scored the only point of the second, and neither team scored in the third. But the Chiefs hit a hot streak in the fourth, outscoring the Cougars 6-1 in the inning. By the top of the fifth, Northview was up 7-4, and they never looked back — even scoring another four in the fifth.
Sophomores Emily Vickrey and Shawna Montgomery had three RBIs each for the Chiefs. Winning pitcher was sophomore Miranda Burkett, pitching all six.
On Friday, the Lady Chiefs lost a close district game to South Walton, 7-6 in eight innings.
The game was tied 6-6 in the bottom of the seventh, but South Walton picked up the only run of the eighth.
Colby Cobb had a triple in the fourth with three RBIs.
Produce Distribution Center For Wal-Mart Could Be Located In Century
March 24, 2009
Produce headed from Panhandle farms to Wal-Mart stores across the area could soon be making a stop in Century, bringing life to an empty building and much needed jobs.
Marketing cooperative Panhandle Fresh currently helps farmers across the Florida Panhandle and South Alabama sell their produce in the nation’s largest retailer.
Right now, it is a process that requires a farmer in Walnut Hill, for instance, to drive to each of the 22 Wal-Marts in Escambia, Santa Rosa and Okaloosa counties where the produce is to be sold. It is hundreds of miles and many hours for a farmer to deliver, for instance, watermelons from Walnut Hill to Wal-Mart.
But Panhandle Fresh Executive Director Cindy Anderson has a better idea and hopes to put her idea into place in Century. She is applying for a federal grant to place a large walk-in cooler at Century’s Habitat Building, providing the farmers in Panhandle Fresh with a distribution center of their very own. The premise is simple: farmers would deliver their produce to the central distribution facility in Century, rather than driving to each of up to 22 Wal-Mart stores. Panhandle Fresh would then coordinate the produce delivery from Century to the retails stores.
“It looks to me like they have a lot of good ideas,” Walnut Hill farmer Steve Hiebert said. His Steve’s Sweet Corn is currently sold at Wal-Mart under an agreement with Panhandle Fresh. “It might make it more feasible for us to sell more product this way since we would not have to deliver to all of the stores.”
“If the producer does not have to drive to all of the retail stores but just to one central distribution center, it will make him more profit,” Anderson said. At this point in her plans, Anderson does not know how many jobs the Century distribution center would create, but that number is expected to be relatively small.
This was the second part of a NorthEscambia.com series on Panhandle Fresh. To read yesterday’s story, click here.
Pictured above: A field that will eventually grow watermelons for Wal-Mart is cultivated Monday afternoon in Walnut Hill. NorthEscambia.com photo, click to enlarge. Pictured below: Panhandle Fresh merchandise in an area Wal-Mart store. Submitted photo.
Sheriff Morgan Not Talking To County Administrator
March 24, 2009
Escambia County Sheriff David Morgan says he and his office will no longer communicate with County Administrator Bob McLaughlin.
“I will communicate directly with the other duly elected officials in the Escambia County Government, working of course, within the applicable legal parameters,” Morgan said in a letter to Commissioner Chairwoman Marie Young. “All issues requiring the coordination of my office with the county government will be sent directly to you with informational copies to each commissioner.”
Morgan cited several reasons for his decision, citing what he said were complete misrepresentations on the part of McLaughlin.
“This is an unacceptable management style. One of which I will not tolerate nor participate,” Morgan said in the letter which was delivered to each of the other four commissioners, Clerk of Court Ernie Lee Magaha, Tax Collector Janet Holley, Property Appraiser Chris Jones and Supervisor of Elections David Stafford.
Morgan cited several specific incidents in his letter:
- Morgan said a new sheriff’s precinct in at Fairfield Drive and Mobile Highway in Pensacola would cost $350,000 to acquire and $100,000 for improvements using inmate labor. Morgan said McLaughlin represented the total amount of the project at $700,000.
- In reference to a March 13 leadership workshop, Morgan said “McLaughlin began the meeting with “the Sheriff is not reducing his budget”. But Morgan said that is not the case. “As I articulated during the meeting, we are looking at every aspect of our operations and will be presenting a detailed line-item budget to the BOCC. This is another complete misrepresentation,” the sheriff said.
- Morgan said he was not advised that the March 13 meeting he attended was to be a budget workshop. “We were not invited nor advised of the actual agenda for the meeting. Can you imagine our surprise to learn that ‘the Sheriff’s Office budget is one of the agenda items?’ What could possibly be the motive of dissecting a constitutional officer’s budget without the courtesy of advising them?” Morgan wrote.