A Dark Day In Century: Town Official Admits Sunshine Law Violations, ‘Wrongful Act’
October 8, 2019
All governmental agencies in Florida must follow the state’s open meetings law known as the Sunshine law. Monday night, the Town of Century failed.
Four town council members were present as three of them discussed policies and methods to comply with the Sunshine Law prior to the start of a meeting that was not properly noticed. And the interim town manager admitted that a meeting was a “wrongful act” held without being properly advertised per the Sunshine Law.
The meeting in question was four town council members sitting as the town’s Community Redevelopment Agency (CRA) board. NorthEscambia.com learned of the meeting Saturday after opening an email sent by the town at 2:48 p.m. Friday that contained an agenda.
When NorthEscambia.com Publisher William Reynolds walked into the council chamber prior to the 6 p.m. start time, at least three board members were involved in active discussion about methods the council could use to provide proper public notice of meetings. A partial transcript of the discussion is at the bottom of this article.
Ann Brooks, Sandra McMurray-Jackson and Luis Gomez were engaged in active conversation about complying with the Sunshine Law and steps staff could take to that end. Ben Boutwell was present at the time, but was not heard speaking.
It is arguable that foreseeable action could be taken by the council regarding policies and procedures related to the Sunshine Law. In fact, the council has held policy and procedure workshops and had repeated discussions on a developing a council-approved policies and procedures manual. That council discussions have included discussion of setting Sunshine Law compliance procedures. In additional, a grand jury recommended that Century develop a set of policies and procedures and receive additional Sunshine training.
“In the absence of statutory exemption, any gathering of two or more members to discuss any matter on which foreseeable action may be taken must be open to the public, noticed to the public, and minutes kept,” the Florida 2019 Government In The Sunshine Manual states.
Following the Sunshine Law policies discussion, CRA board Chairman Ben Boutwell called the CRA board meeting to order at 6 p.m..
During their meeting, the CRA board discussed an executive director agreement with Escambia County, heard an update on a community garden project, learned a CRA report would be due next year, discussed applying for grants, working with other nonprofits, a first project for next year, and a town water project for the community garden. The discussion lasted about five minutes.
“I was advised, William, that the notice was placed sometime before April the first,” City Manager Buz Eddy said in response to questions about any public notice for the CRA meeting. “We sent out a list of three dates when the CRA would meet.”
That CRA meeting list from six months ago was posted in the Century Post Office on Monday night when we checked, but was not posted inside or on the door of Century Town Hall.
Just last week at Sunshine Law meeting with the town’s newly-formed Charter Review Committee, Town Attorney Matt Dannheisser advised that public notices should be on the front door of town hall. While that was his recommendation to ensure compliance, the Sunshine Law does not specifically state that notices be on the front door, just posted as the meeting location.
Two town council members, Gomez and Jackson, attended that Charter Review Committee discussion on the Sunshine Law and public records requirements, even though their presence was not publicly noticed.
Florida’s Sunshine Law specifies that reasonable notice must be given of all public meetings. It does not specifically define what is “reasonable” notice, but the Florida Attorney General’s Office offers several suggested guidelines listed in the Sunshine Manual.
“The notice should be prominently displayed in the area in the agency’s offices set aside for that purpose, e.g., for cities, in city hall…” Again, there was no notice of the CRA meeting posted anywhere at Century Town Hall.
A state attorney general’s opinion noted in the Sunshine Manual states that “Notice is required even though meetings of the board are “of general knowledge” and are not conducted in a closed door manner”. In addition that fact that no vote was taken by the CRA board would be irrelevant, per the Sunshine Manual, because “reasonable notice required even if the subject of meeting is ‘relatively unimportant’.”
Reynolds asked why there was no meeting notice posted at town hall.
“Good question. We talked about that just a second ago before the chairman called the meeting to order,” Eddy said. “We need to have a place out front to post notices.”
“William, sometimes you got to make stuff difficult for your benefit. He (Eddy) said it was noticed and published in April, before the week of April the first. And that’s not good enough for you. You’ve got to make a big deal out of it when it was already published at the post office. I seen that thing a month ago.”
“Don’t you think a month or two months is adequate time to post for a meeting?” Gomez asked. He the accused NorthEscambia.com of wanting to “sabotage and disrupt for their benefit”.
“If it was done several months ago, people need a reminder. You probably wouldn’t have remembered this meeting at 6 o’clock if you hadn’t had some kind of reminder,” Brooks said. “Anyone that is interested in the town, they need a reminder.”
“Anybody can go to the post office and see it,” Gomez said.
“I never go in the post office,” Brooks responded.
Gomez said he did not check the lobby bulletin board or front door at town hall to see if a public notice was posted because “I knew I had a meeting tonight.”
“I looked, and I didn’t see them there,” Eddy said.
Gomez then denied that he took part in the discussion prior to the convening of the CRA meeting.
“Did you hear me speak?” Gomez said. “Check the recording, but until then don’t go putting words in my mouth. If I didn’t say nothing and nobody else said nothing, nobody said anything.”
Gomez is clearly audible on a recording participating in the discussion prior to the start of the meeting, with his statements listed below.
During the regular council meeting, Eddy apologized for the public notice discussion during the CRA meeting.
“We did not advertise that meeting properly,” Eddy said. He said a “timeout should have been called and the meeting should not be held. And that’s what we should have done.” He said the town would advertise another CRA meeting and redo all discussion.
“This is going to hopefully mitigate the action, but it’s not going to eliminate the wrongful act,” Eddy remarked.
“I just hate that we put you in that position,” he later added.
Here is portion of the discussion held by Gomez, Brooks and Jackson prior to the convening of an improperly advertised meeting Monday night:
Ann Brooks suggested posting public notices at the post office.
“I know they at the post office,” Sandra McMurray-Jackson said.
“What about the sign out there?” Luis Gomez asked, referring to the electronic message board in front of town hall.
“That was exactly the reason we purchased that sign,” Brooks said.
“How hard would it be to type it in there?” Gomez asked.
“That would be a very good solution if it worked,” Brooks continued later in the conversation.
Pictured: Century Town Council members Luis Gomez, Ann Brooks, Sandra McMurray Jackson and Ben Boutwell sit as the Century CRA board Monday night. Pictured inset: Town officials said a notice for the October 7 meeting was placed on this bulletin board over six months ago. Pictured below: Bulletin boards in the Century Post Office as seen Monday night. NorthEscambia.com photos, click to enlarge.
Several North Escambia Railroad Crossings To Close For Maintenance
October 8, 2019
Several North Escambia railroad crossings will be temporarily closed at some point during the next two weeks as CSX crews install new rail ties as part of a network-wide crossing maintenance program.
Traffic will experience temporary closures at the following railroad crossings during the operations period:
- McCurdy Street (Century)
- East Cottage Street (Century)
- East Pond Street (Century)
- Daffin Road (Molino)
- Fairground Road (Molinio)
- Old Chemstrand Road (Gonzalez)
- East Oakfield Road (Pensacola)
The roadways will be temporarily closed at different times throughout the period depending on the maintenance schedule.
All activities are weather dependent and may be delayed or rescheduled in the event of inclement weather.
Pictured: Maintenance was performed on several railroad crossings in North Escambia in January 2016. NorthEscambia.com file photo, click to enlarge.
Escambia Youth Commissioners Meet Their Adult Counterparts
October 8, 2019
The Escambia County Commission had the chance last week to meet the junior counterparts on the Escambia County Youth Commission.
The Youth Commission gives five outstanding youths the opportunity to learn more about civics and local government through firsthand experience. For the next eight months, they will be able to tour the county’s many facilities, attend board meetings, and see issues the county faces each day.
Youth Commission members are:
- Maggie Brown, Tate High School junior
- Mallory Bell, Escambia High School sophomore
- Amelia Myers, Pensacola HS IB sophomore
- Trinity Kyles, Pensacola High School sophomore
- Claire Jimenez, Pensacola Catholic High School junior
Sponsored by the Escambia County Board of Commissioners, the Escambia County Youth Commission is a leadership and service-oriented program that empowers young people to become knowledgeable and involved in the local governmental process.
Pictured above: Escambia County Youth Commissioners (L-R) Trinity Kyles, Amelia Myers, Mallory Bell and Maggie Brown with Escambia Commissioners Robert Bender, Steven Barry, Jeff Bergosh and Lumon May. Photos for NorthEscambia.com, click to enlarge.
Fields of Faith: Community Worship Service Wednesday Night At Northview
October 8, 2019
Northview High School’s Fellowship of Christian Athletes will host their sixth annual Fields of Faith at Northview High School Wednesday night at 6:00 in Tommy Weaver Memorial Stadium.
Admission is free; the public is encouraged to attend.
Fields of Faith is national student-led initiative. “Students invite, pray for, share with, and challenge their peers to read the Bible and follow Jesus Christ. An athletic field provides a neutral, rally point where a community can come together,” according to national organizers.
Pictured: Last year’s Fields of Faith at Northview High School. NorthEscambia.com photos, click to enlarge.
DeSantis Proposes Minimum Teacher Salary Of $47,500
October 8, 2019
Florida Gov. Ron DeSantis is proposing an increase in the minimum starting salary for teachers across the state.
The governor’s proposed 2020 budget recommendation will include a pay raise for more than 101,000 teachers in Florida by raising the minimum salary to $47,500. The starting salary in Escambia County for new hire teachers is $37,800, according to the district website.
According to the National Education Association, Florida ranks 26th in the nation for starting teacher pay at $37,636. With this investment of over $600 million, raising the minimum salary to $47,500 will rank Florida second in the nation for starting teacher pay.
“We are experiencing a teacher shortage in Florida,” said DeSantis during an announcement at Middleburg High School in Clay County.
“With a strong economy and plenty of jobs available in other fields, unfortunately too many college graduates are unwilling to enter the teaching profession. My proposal to increase the minimum salary for teachers to $47,500 will help alleviate this shortage and elevate the teaching profession to the level of appreciation it deserves. This is long overdue, and I look forward to working with the legislature to make this a reality,” DeSantis said.
“Getting a great teacher in front of every child is the number one proven way to get great outcomes for students,” said Commissioner of Education Richard Corcoran. “Today, Governor Ron DeSantis is elevating Florida’s teachers like never before and is making a statement nationally that Florida is the Education State and he is the Education Governor. Florida going from number 26 to number 2 in the nation in starting pay sends a clear signal to Florida’s teachers and our entire education family that we are ready to celebrate our teachers and foster lifelong success for our students.”
Jim Allen Elementary Holding Book Fair; Family Night Is Tuesday
October 8, 2019
The annual Scholastic book fair is underway through Friday in the Jim Allen Elementary School media center. Family night will be Tuesday from 2:45 until 6 p.m. All profits benefit Jim Allen students. Photos for NorthEscambia.com, click to enlarge.
Molino Library Hosting Community Heroes Story Time
October 8, 2019
The Molino Branch Library is hosting a Community Heroes Story Time series during October.
Last week, participants had the opportunity to meet a forest ranger and Smokey Bear.
On Wednesday, October 9, children can learn how deputies train their K-9 partners and work as a team to keep the community safe. On Wednesday, October 16, children can meet local firefighters and see a fire engine. Both programs begin at 10:30 a.m.
Pictured: Smokey Bear visited the Community Heroes Story Time last week at the Molino Branch Library. Photos for NorthEscambia.com, click to enlarge.
Driver’s License Service, Vehicle Registration Event Returns To Century Next Month
October 8, 2019
Mobile driver’s license and vehicle registration services will return to Century on Tuesday, November 5, for a single day event.
Thee Florida Licensing On Wheels (FLOW) mobile office will be in Century from 9 a.m. to 3 p.m. at the Billy G. Ward Century Courthouse at 7500 North Century Boulevard.
FLOW is a stand-alone mobile office with technology to provide most motorists’ needs. The mobile unit provides a convenient method to renew a driver’s license, obtain a replacement driver’s license, conversion/reciprocation of out-of-state license, change a name or address on a current driver’s license or identification card, and get a first-time identification card. In addition to licensing services, the mobile unit also provides an opportunity to renew or replace a vehicle registration and apply, renew or replace disabled parking placards. Written and driving tests are not available from the FLOW unit.
Citizens can renew vehicle registrations up to three months and driver’s licenses up to 18 months in advance of expiration.
Citizens using the FLOW services are encouraged to visit EscambiaTaxCollector.com and click the “What Do I Bring” button for information on what is needed for these services. Staff from the tax collector’s office will be on hand to answer all FLOW service questions and questions concerning all other tax collector services such as property tax, business tax receipts, concealed weapons licensing, etc. Citizens also can drop off property tax payments (checks only).
Pictured: Florida Licensing On Wheels (FLOW) provided motorist services such as driver’s license renewals in Century in early August. NorthEscambia.com photos, click to enlarge.
Driver Trapped After Dump Truck Crash On Barrineau Park Bridge
October 7, 2019
A driver was trapped in his overturned dump truck about an hour and half this morning before being airlifted to the hospital.
The driver lost control of his loaded dump truck at the Barrineau Park Bridge that spans the Perdido River between Alabama and Florida. The truck overturned on the Alabama (western) end of the bridge. The driver was pinned by the wreckage and a guardrail.
First responders from both states, including a special operations team from Escambia County, worked feverishly to remove the driver during an extensive extrication process.
The adult male was airlifted by Medstar AirCare helicopter to Sacred Heart Hospital. An update on his condition was not available.
At 12:30 p.m., the bridge remained closed due to the overturned truck and spilled load of dirt.
Further information has not been released as Alabama State Troopers continue their investigation.
The Molino, Cantonment and McDavid stations of Escambia Fire Rescue, Rosington and Gateswood volunteer fire departments from Baldwin County, MedStar EMS, Escambia County EMS, Baldwin County Sheriff’s Office, and the Escambia County Sheriff’s Office were among the responding agencies.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Local Farm Named Florida’s Outstanding Tree Farm Of the Year
October 7, 2019
The Russell Brothers Farm near McDavid has been named the 2019 Florida Outstanding Tree Farm of the Year.
The annual award recognizes private landowners that have done a remarkable job of sustainably managing forests on their property. Russell Brothers’ Farm exemplifies a legacy of family forest managed not only for wood that may one day be harvested but for water conservation, wildlife habitat and primarily to create a sense of place in honor of the Russell Family, according to the Florida Forest Service.
The farm was originally purchased by Jay and Clara Russell in 1946. Since Jay and Clara have passed on, the name on the deed has changed, but it remains family land that plays a central role in keeping the family together.
John Russell lives on the property, managing it for the family, and hosting a large family gathering each Thanksgiving. They enjoy hayrides together hoping to catch a glimpse of wildlife and marvel at the growth of young longleaf pines.. Other times of year the Russell’s grandchildren and great-grandchildren hike down to Pine Barren Creek in the north part of the property to explore and play in the water.
The 109-acre property off Highway 164 has seen some changes over the years. Former row crop land is now a young but rapidly growing longleaf pine stand. A mature natural longleaf stand that was destroyed by Hurricane Ivan in 2004 has been replaced by younger pines with native grasses and wildflowers. A hay field separates the pine stands.
Pine Barren Creek has always cut across the northern boundary of the property and is surrounded by a variety of hardwoods many of which are more frequently seen in areas north of Florida.
John works hard to keep up the property, hoping it will still be enjoyed by Russells in another hundred years. He maintains three miles of trails and is continuing a battle against invasive privet.
He has become a certified prescribed burner in order keep up with the burning on the property. The two young longleaf stands were planted by John and his brother, Keith. These stands are burned on a two-year rotation to encourage a low and diverse ecosystem.
John is rewarded not only by a sense of accomplishment for what he is doing for the land and his family, but also with sightings of wildlife during quiet morning walks. Through his diligent and careful management, he has noted an increase in wildlife of all kinds.
“One family’s healthy forest is a community benefit and John does his part. Not only does he hope a younger generation of Russells are inspired to continue the legacy of caring for the land, but he tells stories of other children who have come to the property as family friends or in school groups, some who have never been in rural settings. He is pleased that these children leave in wonder at what they have seen and is happy the property can be used to spark their imaginations and educate them on the value of forest ecosystems, the Florida Forest Service said in announcing the award. “John has shown leadership in sustainability and legacy. The Russell Brothers Farm is a gem in the Oak Grove community where evidence of good forest management is readily seen.”