Monthly Barrineau Park Music Tonight
March 4, 2011
There will be plenty of good entertainment on stage tonight in Barrineau Park — and it’s free. The monthly Barrineau Park Music Night will be tonight at the Barrineau Park Community Center. The featured local groups tonight are Southern Sounds and Down Home.
The singing starts at 6:30 p.m. Food and refreshments will also be available beginning at 6 p.m.
The event is family-friendly — no alcohol is permitted on the property, and no smoking is allowed in or near the building.
For more information, call (850) 587-5575.
The Barrineau Park Community Center is located on Barrineau Park School road, about three miles west of Molino.
Pictured above: Down Home will perform tonight during the monthly Barrineau Park Music Night. Pictured below: Southern Sounds will also perform. Submitted photos for NorthEscambia.com, click to enlarge.
High Court Has High Speed Rail Case
March 3, 2011
Two lawmakers who say Gov. Rick Scott has no authority to scrub a Tampa to Orlando bullet train, brought their case to the Florida Supreme Court Thursday in what may be only the first in a series of challenges to the CEO-turned-governor’s approach to the job.
With $2.4 billion in federal funds hanging in the balance, Sens. Thad Altman and Arthenia Joyner brought their case to the state’s highest court as individual lawmakers. But the pair undoubtedly represented colleagues in both chambers who believe Scott overstepped his authority by canceling a high speed rail project approved by lawmakers in December 2009.
“Rather than faithfully implementing that law (Scott) has pretty much said he is going to refuse to implement it,” Altman told reporters after the short arguments by his lawyer and the governor’s general counsel. “The only entity that can do that is the Legislature, not the governor.”
Scott’s General Counsel Charles Trippe countered before the justices that a ruling favoring the legislators would place the court in the position of forcing a governor to spend money that had yet to be received by the state. Trippe said nothing in state law could force the governor to spend the federal money offered as a carrot to states to develop alternative transportation networks.
“The governor is not demanded by the federal government to do anything,” Trippe said. “He only has to spend what has been appropriated. None of that federal grant money has been appropriated so he has no duty to spend it.”
During questioning, justices pressed the lawmakers’ attorney, Clifton McClelland, to explain how Scott’s decision on the yet-to-be received federal money would constitute an overstep. Justice Barbara Pariente echoed the sentiments of at least two other justices that the lawsuit seemed premature, because lawmakers had yet to specifically divvy up the federal funds.
Chief Justice Charles Canady, a former Congressman and the only former state lawmaker on the court, also questioned the legislators’ assertion that Scott is barred from vetoing future state expenditures related to the high speed project – because lawmakers already put into law that the train should be built.
“If there is anything that is integral to the executive function under our constitution, it is the governor’s ability to veto measures coming from the Legislature, including his authority to exercise a line item veto in response to appropriations,” Canady said.
The court is under pressure to move quickly. U.S. Department of Transportation Secretary Ray LaHood has given Florida until Friday to decide whether to take the money. If not it may be sent to other states.
Last month, Scott notified LaHood that the project was too risky and could leave Florida taxpayers holder the bag for a multi-billion dollar boondoggle. Several senators sent a Scott a letter urging him to accept the funds.
The federal money would pay more than 90 percent of project costs for the Tampa to Orlando route, the first leg of a system backers say could eventually extend south to Miami.
On Thursday, Sen. Mike Bennett, R-Bradenton, withdrew his name from that letter, saying he had wanted to send a message to Scott that he had to work with the Legislature, but didn’t want to force him to accept the federal money now.
“In my attempt to disagree with the unilateral decision to refuse the funds for the High Speed Rail, I am afraid that my signature on this letter has been misconstrued as support for a High Speed Rail project in Florida,” Bennett wrote.
The Supreme Court hasn’t given a timeline for when it may rule.
By Michael Peltier
The News Service Florida
Federal Judge: Feds Must Move Fast On Health Care Appeal
March 3, 2011
A Pensacola federal judge criticized the government Thursday for moving forward with the federal health care law despite his ruling against it, but he put a stay on his own order to give the government a week to appeal.
U.S. District Judge Roger Vinson in essence ordered the government to get that appeal moving quickly – saying the matter was of such consequence it should be fast tracked. A spokesperson for the U.S. Department of Justice said the government will appeal to the Eleventh Circuit, but didn’t say when.
Vinson also said he had thought his order finding the massive federal health care law was easy to understand: he ruled that it violates the constitution. And the tone of his “clarifying” order was decidedly perturbed that the Obama Administration sought a clarification.
The administration had noted that the main part of the law that was found unconstitutional by Vinson – the individual mandate for buying health insurance – doesn’t go into effect until 2014, by which time the question of its constitutionality is likely to have been decided by the U.S. Supreme Court.
Vinson said in his clarification that he had believed the federal government would stop implementation after his ruling.
“It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to ‘clarify,’” Vinson wrote.
Vinson, a Reagan appointee who sits in Pensacola, said he now expected the government would ask for a stay of his order pending an appeal, but said there was no need to wait for the administration to ask. Vinson went ahead and put the order on hold – but with the condition that the government get moving and file an appeal within a week. The matter is of such import, and in such doubt, that it is in everyone’s interest to get the issue before the U.S. Supreme Court, he said.
“The Act seeks to comprehensively reform and regulate more than one-sixth of the national economy,” Vinson wrote. “It does so via several hundred statutory provisions and thousands of regulations that put myriad obligations and responsibilities on individuals, employers, and the states.
“It has generated considerable uncertainty while the constitutionality of the Act is being litigated in the courts,” Vinson continued. “The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be. And yet, it has been more than one month from the entry of my order and judgment and still the defendants have not filed their notice of appeal.”
Vinson also acknowledged the government’s argument that ultimately, it would be hard to put the law in place without getting going on planning for its implementation. All the more reason for a swift appeal to get the matter settled, Vinson essentially said.
“We appreciate the court’s recognition of the enormous disruption that would have resulted if implementation of the Affordable Care Act was abruptly halted,” Justice Department spokesperson Tracy Schmaler said in a statement. “We welcome the court’s granting of a stay to allow the current programs and consumer protections, including tax credits to small business and millions of dollars in federal grants to help states with health care costs, to continue, pending our appeal in the Eleventh Circuit.”
The state of Florida was the lead plaintiff of 26 states challenging the law. One of the major concerns of the states is that the new law is expected to require the addition of large numbers people to the states’ Medicaid rolls. Most of the plaintiff attorneys general are also Republicans, and generally opposed to the Obama administration’s efforts to require people to buy health insurance.
The National Federation of Independent Business joined the states as a plaintiff.
“An expedited appeals process for this case is very good news for NFIB and the small-business community,” NFIB’s Florida director, Bill Herrle, said in a statement. “The government’s attempts to stymie the judicial process are simply prolonging the uncertainty surrounding the law and do a disservice to the states, small-business owners and individuals who are seeking resolution.”
While blasting the federal government for not following his initial order, and for slowing the case down, Vinson also wrote candidly about the lack of clear agreement on the legal nature of the case – saying that precisely because it is no slam dunk legally, it ought to continue to move up the legal chain.
“The individual mandate has raised some novel issues regarding the Constitutional role of the federal government about which reasonable and intelligent people (and reasonable and intelligent jurists) can disagree,” Vinson wrote. “Despite what partisans for or against the individual mandate might suggest, this litigation presents a question with some strong and compelling arguments on both sides.”
Florida Attorney General Pam Bondi, who campaigned in part on continuing to pursue the lawsuit against the federal health care law, said she was pleased with Vinson’s reaffirmation of the unconstitutionality of the law, but said she was disappointed he was allowing the government to continue to implement the law pending the appeal.
“While we are disappointed that the stay was granted, we are satisfied that DOJ now has only seven days to file their appeal and seek expedited review or they will lose the stay,” Bondi said.
By David Royse
The News Service Florida
McDavid Postmaster Arrested On Sexual Assault, False Imprisonment Charges
March 3, 2011
The McDavid postmaster has been arrested on attempted sexual battery and false imprisonment charges. Both charges are felonies.
James Bruce Lee, 51, of Cantonment, was booked into the Escambia County Jail Wednesday afternoon on two outstanding state warrants served by the United States Postal Inspection Service with the assistance of the Escambia County Sheriff’s Office. He was released on $6,000 bond, according to jail records.
According to Postal Inspector Michael Mulder, the charges stemmed from a January 15 incident that allegedly took place inside the McDavid Post Office. A female mail carrier alleged that Lee attempted to sexually assault her inside the Main Street building.
According to the arrest warrant, the woman alleged Lee approached her from behind while she was sorting mail and began touching her all over her body. She told him to stop, at which time he complied. Later in the day, after the other carriers had left the building, Lee once again approached the carrier holding her by her hands while pulling his pants down, the carrier told investigators, before stopping when he heard a vehicle in the post office parking lot.
Lee provided a sworn written statement and interview to postal investigators, however his statements were not released by the United States Postal Inspection Service.
Lee, who has served as McDavid postmaster since January, 2005, has been place on administrative leave, according to Joseph Breckenridge, a postal service spokesman based in Atlanta.
Elizabeth Barnett Van Pelt
March 3, 2011
Elizabeth Barnett Van Pelt, 70, of Walnut Hill died Wednesday March 2, 2011, in Atmore. She was a retired teacher, born in Wallace, Ala., on August 27, 1940, to the late Gilbert and Hazel Grimes Barnett.
She is survived by her husband, George Van Pelt of Walnut Hill; two sons, George Thomas Van Pelt and wife, Michelle of Orange Beach, Stephen L. Van Pelt and wife, Christy of Walnut Hill; one brother, John Gilbert Barnett and wife, Una Ray of Birmingham; one sister, Diane Rose and husband, Rex of Atmore; five grandchildren, Michael Van Pelt, Caroline Van Pelt, Bradley Van Pelt, Bailey Van Pelt and Bentley Van Pelt; other relatives and many friends.
Services will be Friday March 4, 2011, at 11 a.m. from the First United Methodist Church in Atmore with Bro. Jim Reece officiating. Interment will follow in Oak Hill Cemetery.
Active pallbearers will be Glenn Toney, Myles King, Scott Barnett, Nick Drew, Whit Whitaker and Heath Ward. Family will receive friends at the church one hour prior to service time.
In lieu of Flowers, Donations may be made to The United Methodist Children’s Home, P.O. Box 830 Selma, Al. 36702-9900.
Johnson-Quimby Funeral Home, Inc is in charge of all arrangements.
Poarch Creek Indians Donate $50,000 To Northview High
March 3, 2011
The Poarch Band of Creek Indians have donated $50,000 to Northview High School from an educational endowment fund.
“Northview High School is appreciative of the donation of educational funds from the Poarch Band of Creek Indians,” Northview Principal Gayle Weaver said Wednesday. “The monies will be used to enhance and supplement the academic programs at Northview.”
After donating over $1.5 million to Atmore area schools in early December, the Tribe announced the creation of a $350,000 educational endowment fund for schools in surrounding communities. Schools were given the opportunity to seek a portion of the $350,000.
Last year, Northview submitted a “wish list” of items to be purchased with the $50,000, Weaver said. The Tribe will purchase approved items on behalf of the school.
Weaver said the school is seeking technology items, including document cameras and iPads, to enhance existing technology at the school, and equipment for the school’s horticulture program.
In December the Poarch Creek Indians made the following donations to Atmore area schools:
- Escambia County High School/Escambia County Middle School $687,360
- Rachel Patterson Elementary $78,000
- A.C. Moore School $112,547
- Huxford Elementary $337,000
- Escambia Academy $311,500
- Atmore Christian School $100,000.
“Part of being a good neighbor is helping out others in need. Education is the bedrock of productive successful lives for these youngsters; we are happy and proud to be able to make this contribution to their future today,” said Tribal Chairman Buford L. Rolin after the donations were made.
Not Guilty Plea From Man Accused Of Starving Horses
March 3, 2011
The Walnut Hill man accused of starving 10 horses has entered a plea of not guilty on multiple animal cruelty charges.
James Benjamin Bethea, 61, pleaded not guilty before Escambia County Judge Michael Allen. His jury trial on two felony and eight misdemeanor animal cruelty charges. has been set for mid-May.
One of the horses allegedly starved by Bethea was euthanized by a veterinarian in a pasture February 2 in the 5000 block of Highway 97A in Enon. Nine others were seized by the Escambia County Sheriff’s Office and transported to an animal clinic for medical care.
For an earlier report about the horses and more photos, click here.
ECUA Citizens Advisory Committee Seeks Members
March 3, 2011
The Emerald Coast Utilities Authority (ECUA) is currently seeking a qualified individual to become a member of its Citizens’ Advisory Committee (CAC).
To qualify, an individual must be a resident of Escambia County, able to attend monthly meetings, have no personal or business ties with the Authority that could be construed as a conflict of interest, and submit a resume outlining relevant experience, education, and qualifications.
Escambia County residents who are interested in being considered for appointment to this at-large committee position should submit a resume and an expression of interest to ECUA by Tuesday, March 15.
The 12-member Committee is comprised of five ECUA board members, five appointed citizen members, and two at-large citizen members. The meetings are held on the third Wednesday of the month in Pensacola and are open to the public.
For more information, or to submit your resume, contact Linda Iversen, executive assistant to the board at liversen@ecua.org or (850) 476-5110, ext. 3302. Hard copy applications may be mailed to: ECUA, P.O Box 15311, Pensacola, FL 32514, attn: Ms. Linda Iversen.
FBI Honors Ala. Trooper For Ending Kidnapping After Note Found In Flomaton Bathroom
March 3, 2011
The FBI has recognized an Alabama State trooper for his assistance is ending a kidnapping after a note asking for help was found in a Flomaton truck stop.
Alabama State Trooper Adam Robinson was patrolling Butler County, Ala., when he was alerted to be on the lookout for a vehicle driven by a man who had abducted his ex-fiancee and two elementary school-age children. Robinson quickly spotted and stopped the car on I-65 near Garland, locating a weapon and the unharmed kidnapping victims.
Robinson was presented with a certificate of appreciation from FBI Director Robert S. Mueller III for his actions.
On April 21, 2010, someone found a note in a women’s bathroom at the Yellowhammer truck stop at I-65 and Highway 113 in Flomaton. The note said that the female and her two children had been kidnapped and were being taken to Atlanta by their abductor. The note also contained a description of the vehicle and its license plate number.
During a search of the vehicle, Trooper Robinson located a .45-caliber Ruger automatic handgun in the vehicle’s door.
The driver, Therral Hatfield, 25 (pictured), of Jefferson, La., was arrested and charged with giving false information and carrying a pistol without a permit.
Yellowhammer Truck Stop clerk Connie Kinman says she noticed Hatfield outside the women’s bathroom door the entire time she was inside. “She had to know he was there,” she said. “She was very brave.”
The note said to call 911 because the woman and her children were being held hostage. She handed it to another lady in the restroom, who gave it to store clerks for help.
Escambia Sheriff: Scott Getting Bad Advice
March 3, 2011
Gov. Rick Scott is getting “less than stellar advice” on how to fix the state’s budget crisis, Republican Escambia County Sheriff David Morgan has warned the governor in a letter that also pleads that governing “cannot be approached as a hostile corporate takeover.”
Morgan, who was on Scott’s law enforcement transition team, sent a long letter to Scott with several pieces of advice.
Transferring problems from state government to local is not an acceptable way to deal with a budget shortfall, Morgan said.
Morgan also said the Scott administration seems intent on arbitrary cuts, and urged the governor not to follow through on proposed changes to public employee retirement rules. “Reneging on these assurances to generations of working people is unacceptable,” the sheriff said in his February 22 letter. Scott hasn’t responded to Morgan.
by The News Service Florida