Federal Judge Orders Bayview Park Cross To Come Down
June 20, 2017
A federal judge has ruled that a cross in Pensacola’s Bayview Park violates the Establishment Clause of the First Amendment to the United States Constitution and must be removed within 30 days.
“I am aware that there is a lot of support in Pensacola to keep the cross as is, and I understand and I understand and respect that point of view,” U.S. District Judge Roger Vinson wrote in his ruling. “But, the law is the law.”
The Freedom from Religion Foundation and the American Humanist Association filed suit against the City of Pensacola over the cross in 201 on behalf of four citizens. the judge ordered that the city pay the plaintiffs a total of a $1 in damages, or 25 cents each if evenly divided.
Bayview Park is a 28-acre city park in the East Hill neighborhood, overloking Bayou Texar. A wooded cross was erected there for an Easter Sunrise Service in 1941. In 1969, the Pensacola Jaycees replaced the wood cross with a concrete one for dedication at the 29th annual Easter Sunrise Service. The concrete cross, which still stands and is the subject of this dispute, is a 34-foot white “Latin cross.” A Latin cross consists of a vertical bar and a shorter, horizontal one. It is a widely recognized symbol of Christianity.
“We are pleased that the Court struck down this Cross as violative of the First Amendment,” said Monica Miller, Senior Counsel at the Appignani Humanist Legal Center. “The cross was totally unavoidable to park patrons, and to have citizens foot the bill for such a religious symbol is both unfair and unconstitutional.”
It costs the City of Pensacola $233 per year — out of a $772,206 annual maintenance budget, or about .03% — to keep it clean, painted, and illuminated at night.
“The Bayview Cross is part of the rich history of Pensacola and of Bayview Park in particular. Thousands upon thousands of people have attended services in the park over the years. It has also been the site of remembrance services on Veteran’s Day and Memorial Day, during which flowers were placed at the foot of the cross in honor of loved ones overseas and in memory of those who sacrificed their lives for our country,” Vinson wrote in his ruling.
It..”has hosted tens of thousands of people, and has stood on public property in one form or another for approximately 75 years (apparently without incident), four people—Amanda Kondrat’yev; Andreiy Kondrat’yev; David Suhor; and Andre Ryland—contend they are “offended” by it and want it removed,” Vinson wrote. Amanda and Andreiy Kondrat’yev have since moved to Canada.
“The historical record indicates that the Founding Fathers did not intend for the Establishment Clause to ban crosses and religious symbols from public property,” he wrote. “Indeed, ‘the enlightened patriots who framed our constitution’…would have most likely found this lawsuit absurd. And if I were deciding this case on a blank slate, I would agree and grant the plaintiffs no relief. But, alas, that is not what we have here,” the judge wrote.
Vinson did offer possible solutions to the city:
“To be clear: None of this is to say that the cross would have to come down if the City sold or leased the area surrounding it to a private party or non-governmental entity (so long as the transfer was bona fide and not a subterfuge). Nor would there be a constitutional problem with worshipers using a temporary cross for their services in the park (counsel for plaintiffs conceded that point during the hearing).”
“Count me among those who hope the Supreme Court will one day revisit and reconsider its Establishment Clause jurisprudence, but my duty is to enforce the law as it now stands,” Vinson concluded his 23 page ruling.
Escambia Middle, High School Students To Receive Report Cards Soon
June 20, 2017
It’s been nearly a month since the last day of school in Escambia County, and students still don’t have their report cards.
The delay, according to Superintendent Malcolm Thomas, was the arrival of end of course (“EOC”) score from the state. He said those scores are now in and final report cards are being processed.
You should receive your student’s report card by U.S. Mail no later than June 30,” Thomas said, adding that report cards will also be available by today on the school district’s FOCUS Parent Portal.
Council Approves Plans To Rebuild Historic Homes, Church Ravaged By Tornado
June 20, 2017
The Century Town Council voted Monday night to give final approval to a Century Architectural Review Board recommendation to repair or replacement plans for seven tornado ravaged residential properties and a church in the Alger-Sullivan Historical District, which has been on the National Register of Historic Places since 1989. The council’s approval was unanimous.
The historic district includes 45 buildings on about 230 acres, and is roughly bounded by Pinewood Avenue, Front Street, Jefferson Avenue, Church Street and Mayo Street. Numerous structures in the historic district were damaged or destroyed by the EF-3 tornado that struck Century in February 2016.
The Architectural Review Board approved the replacement of six homes — located at 300, 307, 402, 403, 407 and 416 Front Street — and the repair of one home at 410 Front Street.
The board also signed off plans to reconstruct the 114-year old Century United Methodist Church, which was damaged beyond repair by the tornado. It is expected that the $550,000 project might be completed within nine months.
All of the replacement homes on Front Street will meet the neighborhood’s historical qualifications and will cost about $100,000 each. The homes are being paid for by with SHIP — State Housing Initiative Program — funds administered by Escambia County.
Pensacola architect Carter Quina designed the replacement homes to historically accurate with modern amenities and compliance for the disabled. He also designed the Century United Methodist Church project.
Click here for a previous article to learn more about the church project, photographs and architectural drawings.
Pictured top: Century United Methodist Lay Leader J.R. Jones, Rev. Janet Lee and architect Carter Quina discuss church reconstruction plans Thursday morning before the Century Architectural Review Board. Pictured below: Plans for six homes to be replaced on Front Street. NorthEscambia.com file photos, click to enlarge.
Tate High FFA Shines At State Convention
June 20, 2017
Twenty-two members of the Tate High School FFA Chapter attended the 89th Annual State FFA Convention and Expo in Orlando last week..
They were recognized as one of the top 30 FFA chapters in the state, and named one of “Florida’s Finest,” receiving the National Chapter Award. These top chapters have excelled in the areas of growing leaders, building communities and strengthening agriculture and have worked hard to fulfill the mission and vision of the FFA. The Tate FFA will go on to represent Florida at the national level in the National Chapter Award Program.
Amber Neal was also recognized for being in the final four in the proficiency award area, “Agricultural Mechanics, Repair and Maintenance.” Nearly 300 applicants from throughout Florida submitted applications for recognition within this program. The Agricultural Proficiency Award program rewards FFA members at the local, state and national levels for exceptional accomplishments and excellence in a Supervised Agricultural Experience (SAE) program.
The Tate FFA Parliamentary Procedure team competed and excelled at the State Convention as one of the top 12 teams in the state. During the Parliamentary Procedure Leadership Development Event, teams conduct a mock chapter meeting to demonstrate their knowledge of basic parliamentary law and the correct use of parliamentary procedures.
Tate FFA’s Cora Andrews and Michael Harrelson were elected to serve as District 1 officers for the State FFA Association. Andrews will serve as the district president and Harrelson will serve as the district secretary. Their responsibilities as district officers will enable them to further impact FFA members within the district in the areas of agricultural education and FFA leadership.
Criminal Charges Filed In Charter School Investigation
June 20, 2017
The owners of a company that managed public charter schools in Escambia and several other Florida counties are facing charges for racketeering and organized wire fraud.
According to court documents, the Newpoint fraudulent billing scheme was instigated by Marcus May, the owner of Newpoint, and aided by Steven Kunkemoeller, the owner of School Warehouse, Inc. and Red Ignition, Inc. The scheme allegedly involved Newpoint-managed charter schools not only in Escambia County but also in Bay, Broward, Duval, Hillsborough, Holmes, and Pinellas counties.
Court filings allege that as a result of the various schemes May obtained more than $1 million of public funds from a pattern of thefts from the State Department of Education, six school districts, and 15 Newpoint-managed charter schools. The
filings also allege that May used proceeds of the schemes to establish or operate multiple Florida and Ohio limited liability companies, which he used to acquire residential and business properties in both states.
The cases stemmed from an investigation by the Office of State Attorney, First Judicial Circuit and the Escambia County School District of complaints about grade tampering, teacher misconduct, and financial improprieties at Newpoint-managed charter schools in Escambia County. According to court filings, the financial improprieties involved use of public funds in a fraudulent billing scheme by Newpoint in which Newpoint used related vendors to submit excessive, false, and/or fictitious invoices for furniture, equipment, computers, and services.
State Says Slot Ruling Should Stand At Poarch Creek Facility
June 20, 2017
Attorneys for the Florida Department of Business and Professional Regulation asked the state Supreme Court on Monday to let stand a major ruling that blocked a Poarch Creek Indian managed pari-mutuel facility in Gadsden County from having slot machines.
The Supreme Court in May unanimously ruled that Gretna Racing does not have the legal authority for slot machines, though Gadsden County voters approved the lucrative games in a referendum.
The Supreme Court ruling also affected pari-mutuel facilities in seven other counties — Brevard, Duval, Hamilton, Lee, Palm Beach, St. Lucie and Washington — where voters have approved slots.
Attorneys for Gretna filed a motion June 2 asking the Supreme Court for a rehearing, with the request focused heavily on counties’ home-rule powers. But in six-page response Monday, the Department of Business and Professional Regulation said the horse track’s request should be turned down.
“The (Supreme) Court has thoroughly considered the issue in this case and resolved it unanimously,” the department’s response said. “The motion for rehearing should be denied.”
by The News Service of Florida
Driver Escapes Serious Injury In Highway 4 Rollover Crash
June 19, 2017
A young driver escaped a Highway 4 rollover crash with only minor injuries late Sunday afternoon.
She told authorities another vehicle entered her lane in a curve near the Canoe Creek Bridge, forcing her take evasive action. Her Buick left the roadway and overturned at least three times before coming to rest upside down in a concrete ditch.
The driver was transported by Escambia County EMS ambulance to Atmore Community Hospital with minor injures. Her name has not been released by the Florida Highway Patrol.
The Century Station of Escambia Fire Rescue and the Escambia County Sheriff’s Office also responded to the crash.
NorthEscambia.com photos, click to enlarge.
Lake Stone Caretaker Reappointed
June 19, 2017
The Escambia County Commission has extended their caretaker agreement for the Lake Stone Campground near Century.
Dennis Keith Cole will continue to manage thee facility for another year, until May 31, 2018. He will be paid $11,400 in 12 equal monthly installments of $950 with housing an utilities provided. Cole was first named Lake Stone caretaker in June 2013.
Lake Stone Campground is a 100-acre campground and boat ramp facility located at 801 West Highway 4 in Century. The campground has 77 campsites for everything from big RV rigs to tents. Lake Stone is the Escambia County’s only facility located on a fresh water lake. The facilities include a boat ramp , indoor public use pavilion, a playground, showers, restrooms, a fishing pier, security lights, electrical and water hookups, a sewage dump station, picnic areas and the lake.
The Lake Stone pavilion or campsites can be reserved by calling the Lake Stone campground manager at (850) 256-5555 or Escambia County Parks and Recreation at (850) 475-5220.
Since the inception of the Lake Stone Campground, the County has entered into an agreement for on-site caretaker/management services at the facility.
Pictured inset: The Century Area Chamber of Commerce June 2013 Community Pride Award was presented to caretaker Dennis Cole for the Lake Stone Campground. Pictured top and bottom: Lake Stone and the pavilion. NorthEscambia.com file photos, click to enlarge.
Escambia BCC Meeting Schedule
June 19, 2017
Here is the Escambia County BCC weekly meeting schedule for June 19-23:
Monday, June 19
Special BCC Meeting on OLFX Land Swap, Ernie Lee Magaha Government Building, 221 Palafox Place, 1:30 p.m. (Agenda)
Tuesday, June 20
Environmental Enforcement Special Magistrate, Escambia County Central Office Complex, 3363 West Park Place, 1 p.m. (Agenda)
Wednesday, June 21
Board of Adjustment, Escambia County Central Office Complex, 3363 West Park Place, 8:30 a.m. (Agenda)
Development Review Committee, Escambia County Central Office Complex, 3363 West Park Place, 1 p.m.
Thursday, June 22
Community Redevelopment Agency, Ernie Lee Magaha Building, 221 Palafox Place, 9 a.m.
Agenda Review Session at 9:05 a.m., Public Forum at 4:30 p.m. and BCC Regular Meeting at 5:30 p.m., Ernie Lee Magaha Building, 221 Palafox Place (Agenda will be posted here)
Century Receives $700K Housing Grant, Accepting Applications
June 19, 2017
The Town of Century is now accepting citizen applications for part of a $700,000 housing grant, bringing the total housing grants received this year to $1.3 million.
The $700,000 Community Development Block Grant is for housing rehabilitation and replacement. Funds can be used to repair or replace housing damaged in the February 2016 EF-3 tornado, but the funds are not limited to storm recovery.
The Department of Economic Opportunity administers the State Program in Florida through the Small Cities Community Development Block Grant Program. This is a competitive grant program that awards funds to units of local government in small urban and rural areas. The program provides an opportunity for communities to obtain funds for projects that they cannot otherwise afford, including rehabilitation of substandard housing.
Recently the town also received $600,483 in emergency funding from the Florida Department of Economic Opportunity for tornado recovery. The application period for residents closed on May 3; recipients have not yet been announced.
Information to apply for a portion of the $700,000 in funding is below:
The Town of Century, Florida will begin taking applications for housing rehabilitation assistance for houses within the Town of Century. To qualify for assistance, the home MUST be located INSIDE the city limits of the Town of Century and must have a total household income at or below the following household size specific income criteria:
Applicants whose total “gross” household income exceeds the Income Limits for their size household will not be considered for rehabilitation grant assistance.
Persons interested in being considered for inclusion in this program must call Samella Myles at the Century Town Hall at (850) 256-3208 between the hours of 8:00 am and 3:30 pm and ask that their name be placed on the housing assistance waiting list. Only those who call in to Century Town Hall will be placed on the waiting list. The deadline to be placed on the interested applicant list is Thursday, June 29, 2017.
This is not a first-come, first-served program as the Town has a unit commitment to the Florida Department of Economic Opportunity that may necessitate a rating of the applications to determine funding priority; therefore, interested persons wishing to be considered for inclusion in this program should realize that only a limited number of participants with the greatest need will be approved for participation and that very low income households will be given preference. It is important to note that being placed on the list and/or filling out an application does not mean that you will be approved for rehabilitation grant assistance.