Apartment Developer Threatens Legal Action Against Century Over $100K In Water, Sewer Fees
March 8, 2018
The developers of a new 50-unit apartment complex in Century have paid the Town of Century to connect water and sewer service, but they are threatening legal action of the town does not refund over $100,000.
The Paces Foundation, Inc. submitted a $165,180 check to the town for waster and wastewater fees along with a protest letter from attorney William J. Dunaway of the Clark Partington law firm in Pensacola. The letter informed the town that the payment was made in full, but the amount remains in dispute.
“This payment is made under protest. My client reserves the right to challenge the amount of assessed connection fees, and will pursue all available judicial and administrative remedies to that end,” the attorney’s letter states.
“We received it (the attorney’s letter) under protest,” Century Mayor Henry Hawkins said.
“Nevertheless, because Century Park Apartments must have water and sewer before issuance of a certificate of occupancy, the enclosed check for $165,180.00 is tendered as full payment under protest of the disputed amount of water and sewer connection fees. My client respectfully renews its request that the Town refund the balance of $101,430.00 for the overpayment resulting from the increased fee assessment. My client is hopeful that this issue can be resolved without litigation, but they are prepared to pursue legal action in the event a voluntary refund is not forthcoming,” Dunaway wrote.
Paces contends they agreed to pay fees of $63,750. The amount, they say, was decided upon during a 2015 meeting with then-Mayor Freddie McCall and Town Planner Nickles. The only written agreement to come out of that meeting was a handwritten page showing calculations that Paces said were based upon the 2015 rates as published online in the town’s municipal code. The handwritten document also included a proposed fee for natural gas; however, the developer later opted to go all-electric.
The apartments will have a single large water meter and a single large sewage connection. It will not have 50 individual taps into the city services.
“It was agreed to by me, as a representative of the Paces Foundation, and the mayor at the point in time and your town planner. So from that, we had an agreement,” Development Manager Rick Haymond of Paces told the town council in December.
“So at the time we went by the documentation that was written under the ordinances and your resolutions for the fees,” Nickles told the council. Haymond said he never had a written contract regarding tap fees with a municipality in his 17 years, and had often used published rates available online.
McCall and Nickles (pictured left) do not deny the meeting, nor do they deny the agreement or the approximate $63,000 tap fee. “The town made a commitment to them. To me, they should do the right thing and honor that commitment,” Nickles said.
“I don’t know what else we could have done than to go to the highest officials in the city,” Haymond told the council, pointing out that the tap fee is the only disputed amount; he said Paces will be subject to all other current water and sewer rates.
Paces previously tendered a $63,750 payment on December 12, but the town rejected the payment and returned the check on December 18.
According to the Escambia County Building Services Department, Century Park Apartments has not yet been granted a certificate of occupancy as the building and inspections process continues.
NorthEscambia.com photos, click to enlarge.
Update: Safety Improvements At Barrineau Park & Highway 29 Part Of Federal Project
March 8, 2018
We now know that the roadway safety improvements made on Barrineau Park Road at Highway 29 were not in response to a fatal collision at the intersection just days prior.
According to the Florida Highway Patrol, 56-year old Franklin Webb was traveling east on Barrineau Road when he failed to properly yield his Toyota Tundra at a stop sign at the intersection of Highway 29 on the afternoon on February 25. His vehicle was hit by a southbound pickup truck. Webb was pronounced deceased at the scene. [Read more...]
Two days later, someone repainted rumble strips and other pavement markings on Barrineau Park road approaching Highway 29 from both the east and west. At that time, a spokesperson for the Florida Department of Transportation said it was not FDOT or their contractors, and Escambia County said they did not do the work on the county road either.
This week, the FDOT spokesperson said FDOT had determined the improvements on Barrineau Park Road at Highway 29 were done as part of an ongoing Federal Highway Administration safety project.
A total of 65 “un-signalized intersections in Escambia County were identified to receive safety upgrades which include refurbish signage and thermo (thermoplastic striping) at the approach to state roads,” according to Tanya Branton, FDOT public information specialist. “New signs have been installed and concrete work and ramps for ADA compliance have been constructed at identified selected locations. All that remains is placement of thermo at 60 remaining intersections.”
In addition to Barrineau Park Road at Highway 29, additional intersections in North Escambia that are part of the project include Woodland Street at Highway 29 in Cantonment and Highway 95A at Highway 29 in Molino.
Work is expected to be complete on the entire project by May.
For an earlier story, click here.
Great Florida Weather For Canada Geese
March 8, 2018
These Canada Geese were spotted apparently enjoying a cool Wednesday morning at a pond on Lambert Bridge Road in Walnut Hill. NorthEscambia.com photos, click to enlarge.
School District Publishes Plan For Lockdowns
March 8, 2018
The Escambia County School District has published instructions on their website for students, parents and the community outlining what to do in regards to school lockdowns, which they now term “Elevated Security Notifications”.
From the Escambia County School District:
What to Expect In the Event of a School Elevated Security Notification
Students
- Stay calm and alert.
- Follow the directions given to you by teachers and staff.
- Refrain from speculating on the event and broadcasting via cell phone or social media.Misinformation can aggravate the situation.
- In the event of an evacuation, remain calm and follow the directions of school staff and law enforcement.
- You will be reunited with your parents as soon as practical.
Parents
- Teachers and staff have been trained to handle emergencies that affect your student’s school.
- There will be no student checkout during an event.
- DO NOT attempt to access your student at the school during an event.
- Information provided by staff and students in the school during any event is generally incomplete and sometimes inaccurate. Refrain as much as possible from reacting to any information not originating from local authorities
- Remember, in most cases, school security is elevated as a precautionary measure because of an external threat or because of law enforcement activity in the vicinity of your student’s school not because of activity on campus.
- Normal school activities will be impacted by security-related events.
- Status updates will be provided by the District.
Community
- Be alert and report suspicious activity to local law enforcement.
- Consider your ability to assist with recovery efforts if community support is requested.
Flomaton Police Seek Gas Station Burglars (With Video)
March 8, 2018
The Flomaton Police Department is searching for two burglars that targetting a Chevron Station on Highway 31 early Tuesday morning.
It is believed the duo made their getaway in a Crown Victoria or similar model vehicle. The vehicle did not have tinted windows and was dark or tan in color.
Anyone with information is asked to call the Flomaton Police Department at (251) 296-5811.
A video appears below, or click here.
Courtesy photos for NorthEscambia.com, click to enlarge.
Mother Of Accused Atmore Shooter Charged With Attempted Murder
March 8, 2018
The mother of a teen accused in a shooting last week in Atmore has been arrested.
Yashetta McKenzie, 36, is charged with attempted murder. She was allegedly driving the car from which her son, 17-year old DeAndre Lamar Mitchell, opened fire, shooting 17-year old Trenton Atchison on the afternoon of February 27.
McKenzie is being held on a $150,000 bond. McKenzie drove Mitchell to the Atmore Police Department a shot time after the shooting. He was charged with attempted murder as an adult. Police say more arrests are possible in the case.
Police said Atchison was shot when Mitchell fired at a group of classmates gathered in a porch on the 300 block of East 4th Street off Martin Luther King Avenue. Officials believe the shooting may have been retaliation after a fight that happened at Escambia County High School in Atmore.
Atchison was conscious and able to identify Mitchell as the shooter.
House Approves School Safety Bill
March 8, 2018
Three weeks after Nikolas Cruz gunned down 14 students and three faculty members at Marjory Stoneman Douglas High School in Parkland, Florida lawmakers Wednesday passed a sweeping school-safety bill that sparked bipartisan and racial divisions over gun issues.
The House in a 67-50 vote approved the proposal (SB 7026), after the fathers of two slain students watched hours of floor debate from the House gallery. The Senate had earlier passed the measure, which now goes to Gov. Rick Scott.
Andrew Pollack, whose 18-year-old daughter, Meadow, was among the students killed on Feb. 14, called the bill “the first step in enhancing the safety and security of our schools,” and, speaking for the 17 families, urged Scott to sign it into law.
“We thank the House and Senate for voting in favor of protecting our children, but more needs to be done and it’s important for the country to unite in the same way the 17 families united in support of this bill,” Pollack, reading from his cell phone, told reporters after the House vote Wednesday evening.
“On a personal note, my precious daughter Meadow’s life was taken, and there’s nothing I can do to change that. But make no mistake, I’m a father and I’m on a mission. I’m on a mission to ensure that I’m the last dad to ever read a statement of this kind. If you want to help me, and keep my children safe, I want you to follow me, because there’s strength in numbers, at remembermeadow.com,” he said.
Wednesday’s vote came after days of charged debate in the House and Senate, and after weeks of even more emotional advocacy by parents, students, teachers and others from the Parkland school and neighboring communities.
Rep. Jared Moskowitz, a Coral Springs Democrat who graduated from Marjory Stoneman Douglas High and served on the Parkland City Commission, gave a detailed account to a rapt chamber of the bloody scene he encountered when he and other lawmakers arrived at the school hours after the Valentine’s Day massacre.
Moskowitz broke down describing how his 4-year-old son’s pre-school teacher was giving him writing lessons when her daughter, Jamie Guttenberg, was shot dead at the high school.
He acknowledged that the bill did not go as far as many would like in imposing new gun restrictions, but he urged his colleagues to support it.
“This bill is necessary, but it’s not sufficient. It’s not enough. When major corporations around this country are ahead of us, we are behind. We should be leading, not following,” Moskowitz said.
He chided House members who throughout the day called the vote on the bill a difficult decision.
“This isn’t hard. Putting your kid in the ground is hard. This is a button. … Push the green button,” Moskowitz concluded, referring to the button for “yes” votes.
The $400 million package includes $69 million for early mental health screening and services, $97 million for school resource officers, $98 million for school-hardening grants, and $25 million to raze and rebuild the freshman building where the shooting spree occurred.
The bill also includes more than $67 million for a controversial program that has overshadowed the other elements of the bill: the “Coach Aaron Feis Guardian Program,” named after an assistant football coach who died after using his body to shield students from a hail of bullets from the AR-15 semiautomatic rifle that 19-year-old Cruz was charged with using to wreak havoc on the school he once attended.
The program, which was rebranded from the “school marshal” program to the “guardian” program, would allow specially trained school personnel, who are deputized by local sheriffs, to bring guns to schools. Schools boards and sheriffs would have to agree to implement the program for it to go into effect.
Black lawmakers fear the program could endanger minority students, who are more likely to be punished at school and could be unfairly targeted in an emergency, as could armed school personnel who are “black or brown.”
“I believe this is not a bad bill, but I believe this is a scary bill,” Rep. Cynthia Stafford, a black Democrat from Miami, said.
The bill is dangerous “because there is an implicit bias that exists against boys and girls of color,” Stafford said.
“I’m afraid that in an emergency situation, a black or brown student who may be running down the hall to get away like everyone else, who reaches for his or her cell phone to call their parent, may be seen not as a student, but as a shooter,” she said.
Black lawmakers also objected that the proposal fails to address gun violence that they maintain has disproportionately affected their communities.
“While there may be kids who are in fear of their lives when they’re going to school, and we don’t want that, I propose to you there are countless of our kids who are scared to step out of their front door,” said Rep. Al Jacquet, a black Democrat from Lantana “I have nothing to go to those families who lost their children … to say I’ve done something about gun violence.”
On the other end of the gun-control spectrum, Republicans are being targeted by gun-rights groups, including the powerful National Rifle Association, that oppose provisions in the bill that would raise the age from 18 to 21 and impose a three-day waiting period for the purchase of rifles and other long guns.
The measure would allow law-enforcement officials to seek court orders to seize guns from people who have shown they could be a danger to themselves or others.
But House Rules Chairman Jose Oliva, the bill sponsor, said raising the age for the purchase of rifles, an age already required for handguns, treats all weapons equally.
“This is not an infringement upon your right to bear arms. This is a judgment call about when you should be able to have that right,” said Oliva, a Miami Lakes Republican slated to take over as speaker in November.
If signed into law by Scott, the legislation would impose the first gun restrictions in Florida in nearly two decades.
The school-safety package, which quickly morphed into a debate about guns, overshadowed other business in the final days of the legislative session.
Students, parents and teachers flooded the Capitol, pleading with the Legislature, and Scott, to take action. Many Douglas High student survivors demanded a ban on assault-style weapons, along with a hike in the age to purchase rifles.
Lawmakers on both sides of the aisle have been inundated by emails and phone calls from opponents and supporters of the measure.
But supporters of the proposal, including the victims’ families and Parkland Mayor Christine Hunschofsky, called the proposal an important first step.
After nearly eight hours of debate, Oliva addressed the concerns about guns, beginning with the lack of an assault-weapons ban.
Oliva said handguns were used in the “great majority” of mass shootings after a federal ban on assault weapons, which has since expired, went into effect.
“But the rhetoric is something that makes people feel that you didn’t do anything,” Oliva said. “This is a deranged person that caused it. So we looked at it and say, what can we do about every step along the way.”
Scott has not said whether he will sign the measure, but he has said he opposes the three-day waiting period and is against arming teachers.
The Senate earlier this week watered down the guardian program, excluding teachers who “exclusively” work in the classroom from participating. But teachers who have additional duties, such as drama or track coaches, would be eligible.
Scott called the revised guardian program “a step in the right direction,” and said he would read the bill when it makes it to his desk.
“My goal is this never happens again in our state,” Scott, who will have 15 days to act on the bill after he receives it, told reporters Wednesday. “I’m going to review the bill line-by-line, and the group that I’m going to be talking to, the group that I care the most about right now, because it impacted them so much, is the families.”
Scott reiterated his opposition to “arming teachers,” saying he believes “we ought to be increasing our law enforcement presence.”
“I want law enforcement presence at all of our schools. So that’s what I’m going to focus on,” he said.
by Dara Kam, The News Service of Florida
Free Festival Of Flight This Saturday In Molino
March 8, 2018
A Festival of Flight will be held Saturday in Molino.
Special demonstrations of drones and model planes will excite the guests with the marvels of technology, while bird presentations will amaze with nature. The event will be held at the Escambia County 4-H Livestock Facility at 5600 Chalker Road, just off South Highway 99.
The Pensacola MESS Hall, Audubon Florida, Escambia County 4-H, National Naval Aviation Museum, and the Northwest Florida Modelers are expected to take part.
Admission to the Festival of Flight is free and will be open 10 a.m. until 2 p.m.
For more information, contact Carrie Stevenson at UF IFAS Extension at ctsteven@ufl.edu or 850-475-5230. Visit http://gulfcoastsciencefestival.org/schedule/ for a full schedule of other community events that are part of the Gulf Coast Science Festival.
Courtesy photos for NorthEscambia.com, click to enlarge.
Lawmakers Looks For Agreenment In Opiod Battle
March 8, 2018
Lawmakers continued to negotiate the terms of opioid legislation Wednesday, with the Senate standing firm in its position that insurance companies should not put obstacles in the way of medication-assisted therapy.
The Senate took up a House opioids bill (HB 21) but tagged on an amendment that includes appropriating $54.5 million for such things as outpatient and residential treatment. It also would ban insurers and HMOs from using prior authorization or “step therapy” or making other requirements as a prerequisite to the use of medication-assisted therapy in treating substance abuse.
Senators are expected to vote on the bill Thursday and send it back to the House.
Senate President Joe Negron, R-Stuart, said Wednesday night that the bill tackles the state’s growing opioid problem like the public health crisis that it is.
“For men and women who come forward and have an addiction who want help, they want to turn their lives around, they want to go back to work and be with their families … that should be treated as a public health issue, and I think this bill goes a long way toward that,” Negron said..
The original House bill did not have the medication-assisted treatment language, and it remains an issue the two chambers must hammer out before the 2018 legislative session ends in the coming days.
The centerpiece of the bill, however, may be a three-day limit on prescriptions for treatment of acute pain. Physicians could prescribe up to seven-day supplies of controlled substances if deemed medically necessary.
The Senate agreed with the House to exempt from the prescription limits cancer patients, people who are terminally ill, palliative care patients and those who suffer from major trauma. The bill also would require physicians or their staff members to check with a statewide database before prescribing or dispensing drugs.
As amended, the bill would earmark $991,000 for improvements to the database, known as the prescription drug monitoring program, so that it can interface with physicians’ offices and electronic health records used by doctors.
The bill, proponents of opioid limits say, will go a long way toward helping the state curb the use of opioids, which are narcotic painkillers that have caused widespread overdoses.
In 2016, heroin caused 952 deaths in Florida, fentanyl caused 1,390 deaths, oxycodone caused 723 deaths, and hydrocodone caused 245 deaths. Those statistics led Gov. Rick Scott in May 2017 to declare a state of emergency.
The $54.5 million in funding is a slight increase from an original Senate proposal of $53 million. Negron said the chambers haven’t finalized the opioid funding and that the amount of money could still increase. That would be good, said Florida Attorney General Pam Bondi.
“My thoughts are $53 million is a great start for this year, but we need much more to combat that crisis overall,” she said.
by Christine Sexton, The News Service of Florida
SWAT Standoff Suspect In Custody; Deputy Receives Minor Injuries
March 7, 2018
A standoff has ended, a deputy is recovering and suspect in is custody after an incident in Escambia County Wednesday afternoon.
The Escambia County Sheriff’s Office said the deputy received a minor injury after the a man fired “something” out of the house and shrapnel hit the deputy. The man then ran to a home near Avery Street and Hollywood Avenue and barricaded himself inside. The deputy’s injury was minor enough that he did not receive medial attention.
The suspect, 59-year old Dale Allen Brown, will face multiple charges including aggravated assault of a law enforcement officer, armed burglary and trespassing in the incident that began with a trespassing complaint.
A SWAT team surrounding the house in a standoff that last nearly two hours before Brown was taken into custody.
Pictured: Dale Allen Brown