ECCSC Bell Lander Fleming Emails, Nov1-Dec16

Ken Bell
From: Ken Bell

Sent: Wednesday, December 16, 2009 1:00 PM
To: C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed Fleming;
Enoch Leatherwood; Gary Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown;
Jimmy Cunningham; John Gormley; John Peacock; Judy Burns; Michael Hardin; Norm Ross;
Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon
Barnett; Stephen Moorehead; Tim Common
Cc: bill ross
Subject: FW: Consolidated Government
fyi

Kenneth B. Bell
Clark Partington Hart Larry Bond & Stackhouse
125 West Romana Street, Suite 800
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e‐mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain
confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination,
distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e‐mail and any attachments
from your system. Thank you.

From: Rick Finch [mailto:rick.finch@theactigraph.com]
Sent: Wednesday, December 16, 2009 11:58 AM
To: Ken Bell
This is an FYI…I will also forward to you the comments of Ron Hixson as well and the comments I made back to them‐

Thanks for all that you do!

Rick W. Finch
Senior Vice President, ActiGraph
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.theactigraph.com
www.actitrainer.com

From: Stephen Sorrell [mailto:sorrell@ecua.org]
Sent: Friday, December 11, 2009 11:09 AM
To: 'Rick Finch'
Cc: 'Tim Haag '
Subject: Consolidated Government
I have read some of the recent changes that are being recommended which may impact the operations of the Utility
Authority. I believe your original intent was to keep the utility component operating like a private business because of the
1
obvious efficiencies. Some of the recent modifications by whoever is writing the document are causing me concern. I will
try to briefly explain them in the following paragraphs.
When we originally talked there was a 5 or 7 person utility board being proposed. I mentioned the larger the number the
more unmanageable the agency becomes. You seemed to favor 5 elected officials and 2 others appointed by the new
government for a total of 7 members. I reluctantly supported your selection. It is my understanding there is now going to
be either 9 or 11 members. This large number serving on a utility board will make it dysfunctional. Clearly someone
doesn’t have a clue how we operate. I meet with every board member before any public meeting so they are well
informed. It also limits surprises and allows me to personally dialogue with each official on a variety of issues. This is a
time consuming chore for 5 members and will be close to impossible with 9 or 11. A large number like this is a mistake
that will sacrifice efficiency and minimize private sector type of decision making. Five members elected at large or like
they are today is much more efficient. The two additional appointments by the consolidated government can be
non partisan appointments if they are mandatory.
The second issue seems to involve politics and an attempt to have elected political officials making decisions instead of
utilizing private sector paradigms for efficiency sake. Someone apparently wants the election of somewhere between 7
and 11 Utility Authority Board members to be partisan. This is simply a huge error and will insert the inherent political
inefficiencies into a truly good operation that needs to stay as private as possible to serve the ratepayers. The ECUA
currently operates very much like a private business and only rarely does politics interfere with the decisions. When it
does, the private sector efficiencies go out the window. Whoever is writing the charter is clearly a government sector type
of person who is trying to politicize everything. It may work for general government, but it will destroy the efficiencies we
currently exercise in the utility business. The Utility Authority Board members should be non partisan with private
business experience.
Last, but not least, paragraph F is written so the utility authority must use all of the government services provided unless it
goes thru an elaborate justification proving why it is not required. This is another huge error if you want the utilities to
operate like the private sector. This decision needs to be the domain of the Utility Authority Board, not mandated in some
charter document. Again someone who doesn’t know what they are doing is writing this with good intentions, but a lack of
understanding of the private nature of utility operations. The ECUA uses special legal counsel all of the time, hires based
upon licenses and special qualifications, uses private sector printing and public information firms for information
dissemination, just to name a few. The personnel management system is also similar to the private sector without the
bureaucracy and inefficiencies of general government. Utilization of a mandated government system would cripple the
utility system operation. This language needs to be changed to give the Utility Authority Board the decision to make these
types of decisions. Paragraph F should simply read “The Utility Authority Board may utilize the services set forth in
Section 8.03 below, or may select to utilize more efficient and cost effective methods at its sole discretion”.
2
Ken Bell
From: Ken Bell
To: Janet Lander; epfleming@pensacolalaw.com
Cc: bill ross; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Enoch
Leatherwood; Gary Montee; Gerald McKenzie; Jeremy Brown; Jimmy Cunningham; John
Gormley; John Peacock; Judy Burns; Michael Hardin; Norm Ross; Rev. LuTimothy May;
Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon Barnett; Stephen
Moorehead; Tim Common
Subject: FW: Consolidation Draft
fyi

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

NOTICE: This e‐mail message and any attachments are private communication sent by the law
firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally
privileged information meant solely for the intended recipient. If you are not the intended
recipient, you are hereby notified that any use, dissemination, distribution, or copying of
this communication is strictly prohibited. Please notify the sender immediately by replying
to this message, and delete the e‐mail and any attachments from your system. Thank you.

‐‐‐‐‐Original Message‐‐‐‐‐
To: Ken Bell

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

From: Ron C. Hixson [mailto:rchixson@co.escambia.fl.us]
Sent: Friday, December 11, 2009 3:04 PM
To: rick.finch@actitrainer.com
Subject: Consolidation Draft

Rick,

We have reviewed the draft recommendation and are somewhat confused and have some questions.
3

In Article VII, Authorities

Section 8.01 Utilities

8.01‐A. Names the consolidated authority as the Pensacola Consolidated Utilities
Authority (PCUA), however ECUA's properties,
rights etc, shall only be transferred to the PCUA and nothing else.
Don't really understand that statement, what difference does it make what the utility is
named.

8.01‐B. References a elected board of () members. But Section 8.02 references an
appointed board ??

8.01‐D. States the PCUA shall be the single authority providing utility services,
including water and sewer, natural gas and solid waste
collections with Escambia County.

Questions

1. We were under the impression that consolidation was for all solid waste services not just
collections. This sounds like collections is being separated out from the consolidation. What
happens to the landfills (Perdido and 4 closed), the county's drop off recycling program etc.
This appears to be ECUA with a different name and consolidation of all county and city
collection services and Energy Services of Pensacola under the PCUA and nothing else.

2. Section 8.03 Requires use of general governmental services including a payback but
nothing to tie that payback to the existing revenues for city and county functions currently
supported by that source of income.

3. Last question. If the PCUA is a completely separate authority and only has collections
and gas under consolidation, would the PCUA be required to adhere to the county's
consolidated government's flow control ordinance.
If the consolidated government has limited authority over the PCUA, could the PCUA elect to
transfer all solid waste out of the county or refuse to pay the city revenue from the sale of
natural gas (ESP). If the PCUA could do either, this plan would strip the source of revenue
from the county (tipping fees at the landfill) and city (revenue from gas sales).
This would give PCUA all the revenues and the consolidated government all the liability with
no way to pay except the general fund.

Sorry if this sounds like more rants and raves (distrust) of ECUA but this doesn't sound much
like your final recommendation.

We are to review the draft and submit our concerns to the County Administrator as soon as
possible and I would like to hear from you before I do.

You can also reach me at ronhixson@cox.net or 455‐7301 (home phone).

Ron
4
Ken Bell
From: Rusty Wells [RWells@ci.pensacola.fl.us]
To: Ken Bell
Subject: RE: Consolidation Study Commission
Will do, and thank you very much.
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Pensacola, Florida 32521
Telephone: (850) 435-1615
Fax: (850) 595-1290
email: rwells@ci.pensacola.fl.us

From: Ken Bell [mailto:kenbell@cphlaw.com]

To: Rusty Wells

Please be sure to put the Draft watermark or a big red draft stamp on each page. I am not sure Janet has added this to
this version. And make sure the Council members understand how preliminary this is.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: 'Rusty Wells'

Rusty:
Here is the most recent ROUGH, PRELIMINARY, SUBJECT TO REVISION, version! ; ) Seriously, the drafting cart is a little
ahead of the commission voting horse. We appreciate any and all comments. Janet is chair of the drafting, so go to her
first for the most direct responsiveness. But, I and the entire commission are open to questions, comments, concerns.
We want to the get this as “right” as possible.

Kenneth B. Bell
Pensacola, FL 32502
5
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Rusty Wells [mailto:RWells@ci.pensacola.fl.us]
To: Ken Bell
Subject: Consolidation Study Commission

Good morning Justice Bell,
City Manager Al Coby told me earlier this week that during his attendance at the Commission meeting on
December 10, the statement was made that the 41-page draft that had been circulated a few days earlier was
no longer the document intended by the Commission to be used for public review and comment. I am writing
to ask if there is any draft available that has replaced the one we looked at last week, recognizing that the
work of the Commission is ongoing and the elements of consolidation being reviewed remain fluid at this point.
I have been asked to obtain any such draft that may currently be available and provide it to a member of the
City Council. Thank you in advance for any assistance you can give.
Rusty
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Telephone: (850) 435-1615
Fax: (850) 595-1290

6
Ken Bell
From: Rick Finch [rick.finch@theactigraph.com]
To: Ken Bell

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

To: Rick Finch
Subject: RE: Consolidation Draft

Thanks for the reply. I will be out of town Dec 10 thru Jan 4 but will be checking my email.

Ron

To: Ron C. Hixson; sorrell; thaag

Gentlemen:

Thank you so much for taking the time to make sure that the language of the draft matches up with what we have all
discussed. However and unfortunately, the draft as you saw was very, VERY rough and was never supposed to be
released. This was discussed at length at the meeting and I had questions/concerns that I brought up as well. I am going
to pass along all of your thoughts to the drafting committee and will be doing everything that I can to make sure that the
final language matches up as close as possible to our original recommendations. There were several questions that the
draft committee presented in which I provided further clarification at the most recent meeting. I will be forwarding all
revised language to you so that we can continue this dialogue leading up to the January 15th deadline. It may even be
beneficial to call a meeting to discuss.

One area that I am most likely going to have to acquiesce is in the area of the 9 member BOD to coincide with the 9
member council that was voted on at the meeting. The move for this is to simplify the re‐districting and to alleviate
concerns of voter‐dilution within the minority community. I view this as a compromise as the feeling among most
people on the Commission was not to have a BOD at all and I think we all felt that we wanted an independent BOD as to
make it as non‐political as possible. I also do not believe that the BOD should be partisan just as I believe with all the
local government elections. However, the majority of others seem to believe it should be partisan. Perhaps by sharing
these comments you forwarded with the others on the Commission, I can further move this opinion along.
7

I will keep you all informed and thanks again for all that you do.

Warm regards‐

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

8
Ken Bell
To: Ken Bell
Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

To: rick.finch@actitrainer.com

Rick,

We have reviewed the draft recommendation and are somewhat confused and have some questions.

In Article VII, Authorities

Section 8.01 Utilities

8.01‐A. Names the consolidated authority as the Pensacola Consolidated Utilities
Authority (PCUA), however ECUA's properties,
rights etc, shall only be transferred to the PCUA and nothing else.
Don't really understand that statement, what difference does it make what the utility is
named.

8.01‐B. References a elected board of () members. But Section 8.02 references an
appointed board ??

8.01‐D. States the PCUA shall be the single authority providing utility services,
including water and sewer, natural gas and solid waste
collections with Escambia County.

Questions

1. We were under the impression that consolidation was for all solid waste services not just
collections. This sounds like collections is being separated out from the consolidation. What
happens to the landfills (Perdido and 4 closed), the county's drop off recycling program etc.
This appears to be ECUA with a different name and consolidation of all county and city
collection services and Energy Services of Pensacola under the PCUA and nothing else.

9
2. Section 8.03 Requires use of general governmental services including a payback but
nothing to tie that payback to the existing revenues for city and county functions currently
supported by that source of income.

3. Last question. If the PCUA is a completely separate authority and only has collections
and gas under consolidation, would the PCUA be required to adhere to the county's
consolidated government's flow control ordinance.
If the consolidated government has limited authority over the PCUA, could the PCUA elect to
transfer all solid waste out of the county or refuse to pay the city revenue from the sale of
natural gas (ESP). If the PCUA could do either, this plan would strip the source of revenue
from the county (tipping fees at the landfill) and city (revenue from gas sales).
This would give PCUA all the revenues and the consolidated government all the liability with
no way to pay except the general fund.

Sorry if this sounds like more rants and raves (distrust) of ECUA but this doesn't sound much
like your final recommendation.

We are to review the draft and submit our concerns to the County Administrator as soon as
possible and I would like to hear from you before I do.

You can also reach me at ronhixson@cox.net or 455‐7301 (home phone).

Ron
10
Ken Bell
To: Ken Bell
This is an FYI…I will also forward to you the comments of Ron Hixson as well and the comments I made back to them‐

Thanks for all that you do!

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

From: Stephen Sorrell [mailto:sorrell@ecua.org]
Sent: Friday, December 11, 2009 11:09 AM
To: 'Rick Finch'
Cc: 'Tim Haag '
Subject: Consolidated Government
I have read some of the recent changes that are being recommended which may impact the operations of the Utility
Authority. I believe your original intent was to keep the utility component operating like a private business because of the
obvious efficiencies. Some of the recent modifications by whoever is writing the document are causing me concern. I will
try to briefly explain them in the following paragraphs.
When we originally talked there was a 5 or 7 person utility board being proposed. I mentioned the larger the number the
more unmanageable the agency becomes. You seemed to favor 5 elected officials and 2 others appointed by the new
government for a total of 7 members. I reluctantly supported your selection. It is my understanding there is now going to
be either 9 or 11 members. This large number serving on a utility board will make it dysfunctional. Clearly someone
doesn’t have a clue how we operate. I meet with every board member before any public meeting so they are well
informed. It also limits surprises and allows me to personally dialogue with each official on a variety of issues. This is a
time consuming chore for 5 members and will be close to impossible with 9 or 11. A large number like this is a mistake
that will sacrifice efficiency and minimize private sector type of decision making. Five members elected at large or like
they are today is much more efficient. The two additional appointments by the consolidated government can be
non partisan appointments if they are mandatory.
The second issue seems to involve politics and an attempt to have elected political officials making decisions instead of
utilizing private sector paradigms for efficiency sake. Someone apparently wants the election of somewhere between 7
and 11 Utility Authority Board members to be partisan. This is simply a huge error and will insert the inherent political
inefficiencies into a truly good operation that needs to stay as private as possible to serve the ratepayers. The ECUA
currently operates very much like a private business and only rarely does politics interfere with the decisions. When it
does, the private sector efficiencies go out the window. Whoever is writing the charter is clearly a government sector type
of person who is trying to politicize everything. It may work for general government, but it will destroy the efficiencies we
currently exercise in the utility business. The Utility Authority Board members should be non partisan with private
business experience.
Last, but not least, paragraph F is written so the utility authority must use all of the government services provided unless it
goes thru an elaborate justification proving why it is not required. This is another huge error if you want the utilities to
11
operate like the private sector. This decision needs to be the domain of the Utility Authority Board, not mandated in some
charter document. Again someone who doesn’t know what they are doing is writing this with good intentions, but a lack of
understanding of the private nature of utility operations. The ECUA uses special legal counsel all of the time, hires based
upon licenses and special qualifications, uses private sector printing and public information firms for information
dissemination, just to name a few. The personnel management system is also similar to the private sector without the
bureaucracy and inefficiencies of general government. Utilization of a mandated government system would cripple the
utility system operation. This language needs to be changed to give the Utility Authority Board the decision to make these
types of decisions. Paragraph F should simply read “The Utility Authority Board may utilize the services set forth in
Section 8.03 below, or may select to utilize more efficient and cost effective methods at its sole discretion”.
12
Ken Bell
From: Ken Bell
To: Rusty Wells
Please be sure to put the Draft watermark or a big red draft stamp on each page. I am not sure Janet has added this to
this version. And make sure the Council members understand how preliminary this is.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: 'Rusty Wells'

Rusty:

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

13
Rusty
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Telephone: (850) 435-1615
Fax: (850) 595-1290

14
Ken Bell
From: Ken Bell
To: Rusty Wells
Attachments: Consolidated Charter12 11 Draft1 docx.docx
Rusty:

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

Rusty
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Telephone: (850) 435-1615
Fax: (850) 595-1290

15
Ken Bell
To: Ken Bell
Rusty
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Telephone: (850) 435-1615
Fax: (850) 595-1290

16
Ken Bell
From: Ken Bell
To: Janet Lander; bill ross; Rick Harper; CJ Lewis
Subject: RE: Minutes Executive Committee mtg 12/10/2009
That is fine. We will just give an oral report and present the minutes at the 1/5 minutes.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Janet Lander [mailto:janet@janetlanderlaw.com]
To: Ken Bell; bill ross; Rick Harper; CJ Lewis
Subject: Re: Minutes Executive Committee mtg 12/10/2009
I can probably convert them to a VERY brief summary of the persons, matters and issues discussed but not before Friday.
----- Original Message -----
From: Ken Bell
To: bill ross ; Rick Harper ; CJ Lewis ; Janet Lander
I am in the middle of 3 emergencies. A cursory review makes it apparent that this draft needs significant editing. Janet
and C.J., can you handle this? I did not take notes, but the summary of Al Coby’s remarks needs reworking. That is as
far as I got.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e‐mail and any
attachments from your system. Thank you.

From: bill ross [mailto:billrosseccsc@live.com]
To: Ken Bell; Rick Harper; CJ Lewis; Janet Lander
Subject: FW: Minutes Executive Committee mtg 12/10/2009
For your review.

17
Bill Ross billrosseccsc@live.com Office 850-436-5607 Home 850-455-6685
Date: Wed, 16 Dec 2009 05:42:10 -0800

From: yolonda_dubose@yahoo.com
Subject: Re: Minutes
To: billrosseccsc@live.com
Good Morning Mr. Ross,

per our conversation yesterday, I have made the corrections that were requested and I am attaching the
document.
--- On Tue, 12/15/09, bill ross <billrosseccsc@live.com> wrote:
From: bill ross <billrosseccsc@live.com>

Subject: Minutes
To: "Yolonda Dubose" <yolonda_dubose@yahoo.com>
Date: Tuesday, December 15, 2009, 11:10 AM
Please call Bill Ross when you have time to discuss minutes. Thanks, Bill
Your E-mail and More On-the-Go. Get Windows Live Hotmail Free. Sign up now.
Hotmail: Free, trusted and rich email service. Get it now.
18
Ken Bell
From: Janet Lander [janet@janetlanderlaw.com]
To: Ken Bell; bill ross; Rick Harper; CJ Lewis
Subject: Re: Minutes Executive Committee mtg 12/10/2009
I can probably convert them to a VERY brief summary of the persons, matters and issues discussed but not before Friday.
From: Ken Bell
To: bill ross ; Rick Harper ; CJ Lewis ; Janet Lander
and C.J., can you handle this? I did not take notes, but the summary of Al Coby’s remarks needs reworking. That is as
far as I got.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800


document.
19
Subject: Minutes
20
Ken Bell
From: Ken Bell
To: bill ross; Rick Harper; CJ Lewis; Janet Lander
and C.J., can you handle this? I did not take notes, but the summary of Al Coby’s remarks needs reworking. That is as far
as I got.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800


document.

Subject: Minutes
21
22
Ken Bell
From: bill ross [billrosseccsc@live.com]
Attachments: 12-10-2009 Updated (12-15) Escambia County Consolidated Study Commission Notes.doc
For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800


document.

Subject: Minutes
23
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: FW: Consolidated Charter,12 11 Draft[1]. docx.docx
Attachments: Consolidated Charter,12 11 Draft[1]. docx.docx
Here is a COMPLETELY PRELIMINARY VERSION of the plan. Nothing is set in stone yet!!! There is much still yet to
consider and vote on!!! Commissioners, Public Officials and the Public at large still have the opportunity to speak to
the draft.

Unfortunately, our newest typist has had a family crisis that interrupted her cleaning up this PRELIMINARY draft version
of the plan. And, remember, the drafting cart may have gotten ahead of the horse (the specific Commission votes to
date). So, don’t worry, we will discuss any and all matters as a Commission.

Tomorrow, we will start at the beginning and work our way through the document systematically. Please try to hold
questions on any part of the plan you have until we reach that section as a group. At the end of the meeting, we will
open the discussion to any part we have not gotten to as a group so that the Commissioners can briefly voice concerns
to the Drafting Committing. The Drafting Committee will attempt to address those concerns at its next meeting and
report back.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Sent: Tuesday, December 15, 2009 3:11 PM
To: Ken Bell
Cc: edfleming@pensacolalaw.com; bill ross
Subject: Consolidated Charter,12 11 Draft[1]. docx.docx
HERE IS THE DRAFT AS IT STANDS NOW. IT IS MOSTLY CLEAN BUT A FEW NOTATIONS REMAIN FOR FOLLOW-
UP AND I HAVE NOT CHANGED TOM'S AMENDMENTS AT ALL..
WHEN I GET IT, I WILL HAVE TO CONFORM YOLANDA'S COPY TO THE MINOR CHANGES I MADE SINCE THE
DRAFT WAS FORWARDED TO HER.
WE DID NOT DECIDE AT THE LAST DRAFTING SUBCOMMITTEE MEETING HOW MANY ARTICLES TO
DISTRIBUTE IN ADVANCE OF THURSDAY'S MEETING. THE DRAFT IS IN "WORD" SO YOU, AS CHAIRMAN, CAN
DECIDE HOW MANY TO DISTRIBUTE FOR THURSDAY.
24
Ken Bell
From: Ken Bell
To: Janet Lander; edfleming@pensacolalaw.com
Cc: bill ross
Subject: RE: scheduling a meeting for the drafting subcommittee
Unfortunately, I will be out‐of‐town that week with my family (and my son’s fiancé). How about early on 12/21 (I fly out
at 1 on the 21st) or 12/23?. However, if Ed can meet the week after Christmas, go ahead and do this without me.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell; edfleming@pensacolalaw.com
Cc: bill ross
Subject: scheduling a meeting for the drafting subcommittee
Judge Bell and Ed,
Please check your calendars for the week after Christmas so that I can schedule a meeting to discuss the various legal
issues relating to the Charter.
Please tell me what times/days are bad. I would like to set it for Tues. Dec. 29th at 3:00 at City Hall.
Meanwhile, Yolanda will get in touch with Keith Goldschmidt to coordinate on the formatting. She's been in touch with me
about her sick uncle. I told her we could go with my draft for this week's meeting.
Thanks,
Janet
Janet Lander, P.A.
6706 N. Ninth Ave. C-7
Pensacola, FL 32504
(850) 475-7050
(850) 475-7051 (Fax)
This e-mail message, including any attachment(s), may be confidential and/or privileged, and is intended strictly for the
designated recipient(s). If you are not the intended recipient(s) of this e-mail message, you should immediately notify the
sender by responding to this message, and delete the message from your system. Use, distribution, and reproduction of
this e-mail message, access to and action taken in reliance upon this message by unintended recipient(s) is not
authorized.
25
Ken Bell
Cc: bill ross
Subject: scheduling a meeting for the drafting subcommittee
Judge Bell and Ed,
Please check your calendars for the week after Christmas so that I can schedule a meeting to discuss the various legal
issues relating to the Charter.
Please tell me what times/days are bad. I would like to set it for Tues. Dec. 29th at 3:00 at City Hall.
Meanwhile, Yolanda will get in touch with Keith Goldschmidt to coordinate on the formatting. She's been in touch with me
about her sick uncle. I told her we could go with my draft for this week's meeting.
Thanks,
Janet
Janet Lander, P.A.
Pensacola, FL 32504
(850) 475-7050
(850) 475-7051 (Fax)
authorized.
26
Ken Bell
To: Ken Bell
Subject: Consolidated Charter,12 11 Draft[1]. docx.docx
Attachments: Consolidated Charter,12 11 Draft[1]. docx.docx
HERE IS THE DRAFT AS IT STANDS NOW. IT IS MOSTLY CLEAN BUT A FEW NOTATIONS REMAIN FOR FOLLOW-
UP AND I HAVE NOT CHANGED TOM'S AMENDMENTS AT ALL..
WHEN I GET IT, I WILL HAVE TO CONFORM YOLANDA'S COPY TO THE MINOR CHANGES I MADE SINCE THE
DRAFT WAS FORWARDED TO HER.
WE DID NOT DECIDE AT THE LAST DRAFTING SUBCOMMITTEE MEETING HOW MANY ARTICLES TO
DISTRIBUTE IN ADVANCE OF THURSDAY'S MEETING. THE DRAFT IS IN "WORD" SO YOU, AS CHAIRMAN, CAN
DECIDE HOW MANY TO DISTRIBUTE FOR THURSDAY.
27
Ken Bell
To: Ken Bell
Subject: Yolanda
Yolanda has encountered a problem. Her uncle is in the hospital and she cannot complete the task until after 3pm,
hopefully. I can send you my cleanish copy as it stands before Yolanda's re-formatting. I will do so before I leave today if
I haven't gotten anything from her.
Janet Lander, P.A.
Pensacola, FL 32504
(850) 475-7050
(850) 475-7051 (Fax)
authorized.
28
Ken Bell
From: Ken Bell
Sent: Tuesday, December 15, 2009 11:24 AM
To: Janet Lander; Mullaney, Rick
Subject: RE: Pensocola-Escambia County conso,idation.
Attachments: image001.jpg
Rick:
I hope all is well!
Janet has framed the question well. I just respectfully ask that you give us your best opinion as soon as possible.
Thanks! And, have a Merry Christmas!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Mullaney, Rick
Cc: Ken Bell
Subject: Fw: Pensocola-Escambia County conso,idation.
Importance: High

Dear Rick,
The Chairman of the ECCSC has asked me to contact you about a very important, perhaps pivotal issue that we are
grappling with: What is the post consolidation status of a merged municipality and a county. Notwithstanding the
fact that a consolidated government may exercise the powers of both a county and a municipality, is it a municipality or is
it a county? Please see the original question which I posed to Mr. Merriam and his response, below. The Study
Commission has already voted to keep all the Constitutioal Officers independent of Charter government but the qustion
must be answered.
Is the opinion of the Forida Supreme Court in Jackson applicable to our proposed consolidation because of the
differences in the language of Article VIII, Section 5 of the 1885 Constitution and Article VIII, Section 3 of the 1968 Florida
Constitution? The reason that this is crucial to the drafting of a consolidated charter in Escambia County is because two
constitutional officers have requested that the charter provide that the post consolidation government be a county rather
than a municipality. If it applies, does it support the argument that the post consolidated government is a municipality or
does the special act have to say it is a municipaity?
Thank you,
Janet Lander.
From: Roger Merriam
To: 'janet@janetlanderlaw.com'
Cc: 'kenbell@cphlaw.com' ; Bill Sweeney
Sent: Monday, December 14, 2009 6:26 PM
Subject: Pensocola-Escambia County conso,idation.
29
Janet,
As to your question about status of other consolidated governments, I am only familiar with three in Georgia (Columbus,
Athens-Clark County, Cusseta-Chattahoochee) and one in Tennessee (Nashville-Davidson County) and of course
Jacksonville. The consolidated charters, of course, reflect the enabling constitutional or statutory provisions in the
relevant state. The Georgia and Tennessee Charters really do not declare the new government a city or a municipality. In
many cases, a charter will say it is both a city and a county.
In any event, any consolidated government would have to have the functions both counties and cities as statutes delegate
functions to such entities.
The provisions Fla. Const. art. VIII, § 1(d) provide as follows:
“There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property
appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law
approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or
any county office may be abolished when all the duties of the office prescribed by general law are transferred to another
office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the
circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county
funds.”
Given the above language it would seem that a consolidated government would have to continue the certain constitutional
officers unless changed as described therein.
There is a practical side to the above. Consolidation can be somewhat controversial. One potential stumbling block to
consolidation can be that local government employees who have legitimate concerns about about their continued
employment could vote against consolidation. This would be especially true if they were employed by an independent
constitutional officer and the elected position was being made appointed. (However, I am aware that there is a civil service
system in effect in Escambia County that might ameliorate some of these concerns.) In addition, some people believe
that the elimination of elected positions tends to concentrate too much power in too few individuals (as Lord J.E.D. action
wrote “Power tends to corrupt, and absolute power corrupts absolutely”) For the foregoing reasons and for ballot
simplicity (as one might want to have “options about such issues”), it would be better if the status of the constitutional
officers were not changed in the consolidated charter. It would be better to address such issues in aseparate actions
taken after consolidation.
As to assuming county status (as opposed to being a municipality that also exercised the power of a county), it should be
considered that the formalities for adoption of a county ordinance involve more ‘paperwork’ that those imposed upon
municipalities. See F.S. § 125.66(2)(b) (filing of county ordinance with secretary of effect and ordinance not to take effect
until filed). In addition, the penalty violation of a county ordinance is prescribed in F.S. § 125.69; the provisions of F.S. §
162.22 would appear more flexible.
A consolidated government should have both the powers of a municipality and a county so as to all maximum flexibility.
Fox example, Jacksonville levies both a county (applicable throughout the boundaries of duval county) and municipal
(applicable everywhere but four ‘independent municipalities in the county) business license tax. See Ordinance Code City
of Jacksonville, Florida, chs. 770 and 772. In addition, it must be remembered the public service taxes are authorized for
municipalities, not counties.
I hope you find the above useful.
Roger D. Merriam
Senor Code Attorney

To: Roger Merriam
Cc: Ken Bell; edfleming@pensacolalaw.com; tom wilkes
Subject: Fw: follow up
Importance: High

Roger,
30
Can you please give us your opinion as to the status of a new government formed from the merger of a county and one or
more municipalities pursuant to Articler VIII, Section 3 of the 1968 Florida Constitution? As you can see from the
attachment, there is some interest on the part of the Sheriff is maintaining the new government as a "county". The clerk
of the court has made a similar inquiry.
I have looked at Jackson v. Jacksonville, 225 So.2d 497 (Fla. 1969) but since that case was decided based upon the
language found in Section 9 of Article VIII of the 1885 Constituion, I am not sure that it is on all fours with the current
situation.
Of the 41 consolidated government nationwide are any of them counties as opposed to municipalities?
Your assistance as soon as possible would be most appreciated.

From: Darlene F. Dickey
To: janet@janetlanderlaw.com
Cc: epfleming@pensacolalaw.com ; kenbell@cphlaw.com
Subject: follow up
Dear Janet,

As per our discussion during last week’s drafting committee meeting, I have attached a very rough idea of two of the
issues concerning constitutional officers. (1) keeping them ‘constitutional’ by reference instead of having the charter
effectively write them out; and (2) the question of whether the new government becomes a municipality or remains a
county.

I have not yet found any affirmative legal authority requiring the new government to be a municipality. There is a
Florida Supreme Court advisory opinion (336 So.2d 97) recognizing the unique nature of consolidated governments and
referencing Section 112.49, Florida Statutes, wherein the governor has suspension powers over the mayor of
consolidated Jax because the mayor had the “powers and duties of a county officer.”

Nonetheless, if the new government is going to be called a municipality, then the charter will have to acknowledge the
Sheriff’s funding source as the new commission. It is my recommendation to follow current statutory provisions for
sheriff’s‐ for authority, duties and funding‐ by writing that into the charter in lieu of re‐stating or creating all of that
within the charter.

Sincerely,
Darlene

Colonel Darlene F. Dickey
1700 W. Leonard Street
Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

31
Ken Bell
To: Mullaney, Rick
Cc: Ken Bell
Subject: Fw: Pensocola-Escambia County conso,idation.
Importance: High
Dear Rick,
The Chairman of the ECCSC has asked me to contact you about a very important, perhaps pivotal issue that we are
grappling with: What is the post consolidation status of a merged municipality and a county. Notwithstanding the
fact that a consolidated government may exercise the powers of both a county and a municipality, is it a municipality or is
it a county? Please see the original question which I posed to Mr. Merriam and his response, below. The Study
Commission has already voted to keep all the Constitutioal Officers independent of Charter government but the qustion
must be answered.
Is the opinion of the Forida Supreme Court in Jackson applicable to our proposed consolidation because of the
differences in the language of Article VIII, Section 5 of the 1885 Constitution and Article VIII, Section 3 of the 1968 Florida
Constitution? The reason that this is crucial to the drafting of a consolidated charter in Escambia County is because two
constitutional officers have requested that the charter provide that the post consolidation government be a county rather
than a municipality. If it applies, does it support the argument that the post consolidated government is a municipality or
does the special act have to say it is a municipaity?
Thank you,
Janet Lander.
From: Roger Merriam
Janet,
funds.”
32
Roger D. Merriam
Senor Code Attorney

To: Roger Merriam
Importance: High

Roger,
situation.

Subject: follow up
Dear Janet,

33
county.


within the charter.

Sincerely,
Darlene

Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

34
Ken Bell
From: Ken Bell
To: Janet Lander; Roger Merriam
Subject: RE: Pensocola-Escambia County conso,idation.
We need Tom Wilkes and the Jacksonville General Counsel to weigh in on this if possible.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Roger Merriam
Cc: Ken Bell; edfleming@pensacolalaw.com
Subject: Re: Pensocola-Escambia County conso,idation.

I really appreciate your prompt response. You have identified some of the nuances of consolidated government and it
looks as if the question being posed has never actually been asked before;at least not as such a pivotal question. After I
have discussed this with Judge Bell and Ed Fleming at our next meeting, I will let you know if we want you to follow-up on
any of the issues you have identified. Thanks again-
Janet
From: Roger Merriam
Janet,
relevant state. The Georgia and Tennessee Charters really do not declare the new government a city or a municipality.
In many cases, a charter will say it is both a city and a county.
In any event, any consolidated government would have to have the functions both counties and cities as statutes
delegate functions to such entities.
appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special
law approved by vote of the electors of the county, any county officer may be chosen in another manner therein
35
specified, or any county office may be abolished when all the duties of the office prescribed by general law are
transferred to another office. When not otherwise provided by county charter or special law approved by vote of the
electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and
custodian of all county funds.”
Given the above language it would seem that a consolidated government would have to continue the certain
constitutional officers unless changed as described therein.
constitutional officer and the elected position was being made appointed. (However, I am aware that there is a civil
service system in effect in Escambia County that might ameliorate some of these concerns.) In addition, some people
believe that the elimination of elected positions tends to concentrate too much power in too few individuals (as Lord
J.E.D. action wrote “Power tends to corrupt, and absolute power corrupts absolutely”) For the foregoing reasons and for
ballot simplicity (as one might want to have “options about such issues”), it would be better if the status of the
constitutional officers were not changed in the consolidated charter. It would be better to address such issues in
aseparate actions taken after consolidation.
(applicable everywhere but four ‘independent municipalities in the county) business license tax. See Ordinance Code
City of Jacksonville, Florida, chs. 770 and 772. In addition, it must be remembered the public service taxes are
authorized for municipalities, not counties.
Roger D. Merriam
Senor Code Attorney

To: Roger Merriam
Importance: High

Roger,
Can you please give us your opinion as to the status of a new government formed from the merger of a county and one
or more municipalities pursuant to Articler VIII, Section 3 of the 1968 Florida Constitution? As you can see from the
situation.

36
Subject: follow up
Dear Janet,

county.


within the charter.

Sincerely,
Darlene

Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

37
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: RE: Suggested revision to Art. 14
Great comments by Tom. His stated assumption is incorrect as I understand it, so we need to make that correction.
And, we need to have a good discussion on this at the Commission meeting. Do we want to recommend that the
consolidated government include the Town of Century?

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Subject: Fw: Suggested revision to Art. 14
Ed did not have this so I'm assuming you don't either. I haven't made any changes to Tom's amendments. We have to
await a sunshine mtg to do so. I have no problem with discussing it at a full ECCSC meeting.. The legal issues however
should be discussed first by the drafting subcommittee because they may require substantial rewriting.
From: Jean Wilkes
Cc: tom wilkes
Sent: Sunday, December 13, 2009 8:43 AM
Subject: Suggested revision to Art. 14
Janet -
Attached is the Dec. 8 draft of the charter, but with some substantial revision to "Article 14", which I have morphed into
being section 2 of the special act, rather than an article of the charter. My revisions conform to the way I have seen the
legislative drafting staff do special acts requiring referendum approval. They make only the section calling for the
referendum take effect upon becoming law. The other sections then take effect only upon referendum approval. Also, I
revised the last section in Article 13 to conform to the changes to Article 14. There may be other conforming changes
needed, but I have not had time to look for them.
Anyway, take a look at it and see what you think.
Two other points:
• I have assumed that if EITHER Century or Pensacola vote against the change, there is no consolidation between
the county and the remaining municipality. If I am incorrect, then this revised section on the referendum and
effective dates needs further modifying.
• I put in a repeal/"sunset clause in the event the referendum fails. This likely is not necessary legally. I just think it
may help counter potential accusations by opponents that the county or others will keep having elections until the
38
voters finally give in and approve. It may add to the tidyness of the publc discussion. Obviously, if this is not
something the commission wants to do, take it out.
39
Ken Bell
To: Roger Merriam
Subject: Re: Pensocola-Escambia County conso,idation.
I really appreciate your prompt response. You have identified some of the nuances of consolidated government and it
looks as if the question being posed has never actually been asked before;at least not as such a pivotal question. After I
have discussed this with Judge Bell and Ed Fleming at our next meeting, I will let you know if we want you to follow-up on
any of the issues you have identified. Thanks again-
Janet
From: Roger Merriam
Janet,
relevant state. The Georgia and Tennessee Charters really do not declare the new government a city or a municipality.
In many cases, a charter will say it is both a city and a county.
In any event, any consolidated government would have to have the functions both counties and cities as statutes
delegate functions to such entities.
appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special
law approved by vote of the electors of the county, any county officer may be chosen in another manner therein
specified, or any county office may be abolished when all the duties of the office prescribed by general law are
transferred to another office. When not otherwise provided by county charter or special law approved by vote of the
electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and
custodian of all county funds.”
Given the above language it would seem that a consolidated government would have to continue the certain
constitutional officers unless changed as described therein.
constitutional officer and the elected position was being made appointed. (However, I am aware that there is a civil
service system in effect in Escambia County that might ameliorate some of these concerns.) In addition, some people
believe that the elimination of elected positions tends to concentrate too much power in too few individuals (as Lord
J.E.D. action wrote “Power tends to corrupt, and absolute power corrupts absolutely”) For the foregoing reasons and for
ballot simplicity (as one might want to have “options about such issues”), it would be better if the status of the
constitutional officers were not changed in the consolidated charter. It would be better to address such issues in
aseparate actions taken after consolidation.
40
(applicable everywhere but four ‘independent municipalities in the county) business license tax. See Ordinance Code
City of Jacksonville, Florida, chs. 770 and 772. In addition, it must be remembered the public service taxes are
authorized for municipalities, not counties.
Roger D. Merriam
Senor Code Attorney

To: Roger Merriam
Importance: High

Roger,
Can you please give us your opinion as to the status of a new government formed from the merger of a county and one
or more municipalities pursuant to Articler VIII, Section 3 of the 1968 Florida Constitution? As you can see from the
situation.

Subject: follow up
Dear Janet,

county.


within the charter.
41

Sincerely,
Darlene

Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

42
Ken Bell
To: Ken Bell
Subject: Fw: Suggested revision to Art. 14
Attachments: Consolidated Charter, december8th Draft[1]. docx.docx
Ed did not have this so I'm assuming you don't either. I haven't made any changes to Tom's amendments. We have to
await a sunshine mtg to do so. I have no problem with discussing it at a full ECCSC meeting.. The legal issues however
should be discussed first by the drafting subcommittee because they may require substantial rewriting.
From: Jean Wilkes
Cc: tom wilkes
Sent: Sunday, December 13, 2009 8:43 AM
Subject: Suggested revision to Art. 14
Janet -
Attached is the Dec. 8 draft of the charter, but with some substantial revision to "Article 14", which I have morphed into
being section 2 of the special act, rather than an article of the charter. My revisions conform to the way I have seen the
legislative drafting staff do special acts requiring referendum approval. They make only the section calling for the
referendum take effect upon becoming law. The other sections then take effect only upon referendum approval. Also, I
revised the last section in Article 13 to conform to the changes to Article 14. There may be other conforming changes
needed, but I have not had time to look for them.
Anyway, take a look at it and see what you think.
Two other points:
• I have assumed that if EITHER Century or Pensacola vote against the change, there is no consolidation between
the county and the remaining municipality. If I am incorrect, then this revised section on the referendum and
effective dates needs further modifying.
• I put in a repeal/"sunset clause in the event the referendum fails. This likely is not necessary legally. I just think it
may help counter potential accusations by opponents that the county or others will keep having elections until the
voters finally give in and approve. It may add to the tidyness of the publc discussion. Obviously, if this is not
something the commission wants to do, take it out.
43
Ken Bell
From: Roger Merriam [rdm@municode.com]
Cc: Ken Bell; Bill Sweeney
Janet,
funds.”
Roger D. Merriam
44
Senor Code Attorney

To: Roger Merriam
Importance: High

Roger,
situation.

Subject: follow up
Dear Janet,

county.


within the charter.

Sincerely,
Darlene

Pensacola, FL 32501
45
(850) 436‐9515 phone
(850) 436‐9491 facsimile

46
Ken Bell
From: Ken Bell
To: 'Michael Hardin'
Cc: Janet Lander; bill ross
Subject: FW: Art XI XIII.docx
Attachments: Art XI XIII.docx
See attached and explanation below. Please provide this to Mr. Stafford for input back to Ms. Lander. I send this
administratively.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Cc: bill ross
Subject: Art XI XIII.docx
Here is a clean, revised copy of Articles IX and XIII. I thought you might want to ask David Stafford to review and
comment. If not, no problem.
47
Ken Bell
From: Ken Bell
To: Janet Lander; Darlene F. Dickey
Cc: epfleming@pensacolalaw.com
Subject: RE: follow up
We may also want to inquire of Rick Dulaney and Tom Wilkes. Another possibility is the Florida League of Cities and the
County Attorney’s Association.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Darlene F. Dickey
Cc: epfleming@pensacolalaw.com; Ken Bell
Subject: Re: follow up

Thanks Darlene,
You have raised a very important question regarding the post consolidation status of a merger of one or more
municipalities and a county. I have asked for a legal opinion from the Municode Attorney who is among the resource
persons under the consultation agreement between the ECCSC anf Municode.
I will contact you when I recieve his opinion .
Janet
Subject: follow up
Dear Janet,

county.

48

within the charter.

Sincerely,
Darlene

Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

49
Ken Bell
To: Darlene F. Dickey
Subject: Re: follow up
Thanks Darlene,
You have raised a very important question regarding the post consolidation status of a merger of one or more
municipalities and a county. I have asked for a legal opinion from the Municode Attorney who is among the resource
persons under the consultation agreement between the ECCSC anf Municode.
I will contact you when I recieve his opinion .
Janet
Subject: follow up
Dear Janet,

county.


within the charter.

Sincerely,
Darlene

Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

50
Ken Bell
To: Edward P. Fleming; Ken Bell
Cc: bill ross
Subject: Re: ECCSC DRAFT PLAN
Full Commission.
From: Edward P. Fleming
To: Janet Lander ; Ken Bell
Cc: bill ross
Subject: RE: ECCSC DRAFT PLAN
Is Thursday meeting just the drafting subcommittee? Or the full commission?

Ed Fleming

To: Ken Bell; Edward P. Fleming
Cc: bill ross

I will be getting back the clean copy which will incorporate all changes to date from Yolanda by tomorrow noon. I will
then forward it to you, Ed and Bill so that everyone can review it in advance of Thursday's meeting.
Janet
From: Ken Bell
To: Janet Lander ; Ed Fleming
Cc: bill ross
Subject: ECCSC DRAFT PLAN
Ed: We missed you on Thursday at our last Draft Committee meeting. But, we still need your help!

Janet: Please email Ed and me the most recent version of the Draft Plan as soon as you have it cleaned up from our
last Commission meeting. He and I need to review it prior to us sending it to the Commissioners next Wednesday.
When we send it, we need to be sure to tell everyone how far to review. In other words, we will not get through all 40
pages.

51
Ed has tremendous legal ability and I hope is able to make time from a hectic schedule to help us get through the
crunch now. With all three of us working on this, we should be able to have a good product. Janet, I know you are
getting weary drafting this. Hopefully, with Ed, me, Tom Wilkes and Richard at MCC, we can help you. Thanks for all of
your work! We cannot do this without you!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
52
Ken Bell
To: Roger Merriam
Attachments: concerns.docx; image003.jpg
Importance: High
Roger,
situation.

Subject: follow up
Dear Janet,

county.


within the charter.

Sincerely,
Darlene

53
Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

54
Ken Bell
From: Darlene F. Dickey [ddickey@escambiaso.com]
Subject: follow up
Attachments: concerns.docx; image003.jpg
Dear Janet,

county.


within the charter.

Sincerely,
Darlene

Pensacola, FL 32501
(850) 436‐9515 phone
(850) 436‐9491 facsimile

55
Ken Bell
To: Ken Bell
Cc: bill ross
Subject: Art XI XIII.docx
Attachments: Art XI XIII.docx
Here is a clean, revised copy of Articles IX and XIII. I thought you might want to ask David Stafford to review and
comment. If not, no problem.
56
Ken Bell
From: Edward P. Fleming [epfleming@pensacolalaw.com]
To: Janet Lander; Ken Bell
Cc: bill ross
Subject: RE: ECCSC DRAFT PLAN
Is Thursday meeting just the drafting subcommittee? Or the full commission?

Ed Fleming

To: Ken Bell; Edward P. Fleming
Cc: bill ross

I will be getting back the clean copy which will incorporate all changes to date from Yolanda by tomorrow noon. I will then
forward it to you, Ed and Bill so that everyone can review it in advance of Thursday's meeting.
Janet
From: Ken Bell
Cc: bill ross

Janet: Please email Ed and me the most recent version of the Draft Plan as soon as you have it cleaned up from our last
Commission meeting. He and I need to review it prior to us sending it to the Commissioners next Wednesday. When
we send it, we need to be sure to tell everyone how far to review. In other words, we will not get through all 40 pages.


Kenneth B. Bell
Pensacola, FL 32502
57
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
58
Ken Bell
To: Ken Bell; Ed Fleming
Cc: bill ross
I will be getting back the clean copy which will incorporate all changes to date from Yolanda by tomorrow noon. I will then
forward it to you, Ed and Bill so that everyone can review it in advance of Thursday's meeting.
Janet
From: Ken Bell
Cc: bill ross

Commission meeting. He and I need to review it prior to us sending it to the Commissioners next Wednesday. When
we send it, we need to be sure to tell everyone how far to review. In other words, we will not get through all 40 pages.


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
59
Ken Bell
From: Christopher J. Lewis [cjlewis0202@bellsouth.net]
To: Bill Ross; Charles Scott, Sr. ; Christopher J. Lewis; Clarry Ellis; Doris Harris; Ed Fleming;
Enoch Leatherwood; Gary Montee; Gerald McKenzie; Janet Lander; Jeremy Brown; Jimmy
Cunningham; John Gormley; John Peacock Jr. ; John Peacock, Jr.; John Veasley; Judy
Burns ; Keith Goldschmidt; Ken Bell; LuTimothy May; Michael Hardin; Norm Ross; Richard
Stone ; Rick Finch; Rick Harper; Rusty Tanner; 'Sharon Barnett'; Steve Moorhead; Tim
Common
Subject: MEETING MINUTES FOR REVIEW
Attachments: Minutes_ECCSC_December_8_2009_FINALDRAFT.doc
Commission Members. Forwarded for your review. Please review carefully. S/F, CJ
Christopher J. "CJ" Lewis

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

60
Ken Bell
From: Ken Bell
Sent: Saturday, December 12, 2009 1:01 PM
To: 'Thomas J. Wilkes'
Cc: 'Janet Lander'
Subject: RE: Escambial County Consolidation Study Commission
Thanks, Tom!

Our final commission meeting (per our current plan) is January 12 beginning at 3. This might actually be a good time for
you to visit, if that date works better for you. Our plan is due to the Legislative delegation by January 15 (the local bill
has to be filed the day before the Session begins). My hope is to have the Commission vote on the final plan on the
12th. If you came up then, you could address the Commission and help give your insight on any remaining concerns
there may be (I think we have the latitude of presenting an amended plan post‐1/12). We could then spend some time
on the 13th visiting with our media editorial board(s) and having a breakfast or lunch gathering with supporters. Just let
me know.

The most desperate need we have for your insight is to assist the Draft Committee (Janet Lander, chair) with the plan
drafting. As always, the devil is in the details. The Commission has just completed voting on the major issues. There
remains remarkable unity. We just need to finish the drafting process and resolve the issues that arise in the drafting
process. Your experience in municipal law would be invaluable to Janet as chair. I and another attorney (Ed Fleming)
serve on that committee, but Janet is the primary drafter. We need your wisdom, perspective and fresh eyes in the
laborious process.

Whatever help you can give is deeply appreciated! Merry Christmas!

Ken

From: Thomas J. Wilkes [mailto:Tom.Wilkes@gray-robinson.com]
Sent: Saturday, December 12, 2009 10:44 AM
To: Ken Bell
Cc: Janet Lander; Suzanne Hedgecock; bill ross

Justice Bell -
I am afraid I have a property-tax hearing at the Value Adjustment Board for Orange County on January 5. It
likely will get continued, but I probably won't know for sure until New Year's Eve or shortly before then.
At the VAB, hearings are scheduled, and the taxpayer has the statutory right to a continuance as long as it is
requested five or more days before the hearing date. The property appraiser, who is my client, does not have
the right to have a hearing continued, and the VAB clerk refuses to change dates when the property appraiser
asks. The taxpayer has all the cards.
The pattern for hearings like the one set for January 5 is that it will be continued, but probably not until
sometime around Dec. 30. The taxpayer involved is a large corporation that has a "tax representative" handling
the case. Tax reps are non-lawyers (usually former property appraiser staff) who are allowed to represent
taxpayers in VAB hearings (but not, of course, in judicial proceedings). Tax reps are in constant juggling mode
with their hearing schedules throughout December and January. Most have so many hearing-schedule conflicts
that they request continuances on nearly every hearing. Many cases also get settled before the hearing.
61
I expect this January 5 hearing to be continued or settled, but likely won't have certainty until around Dec.
30, when the tax rep makes the request for a continuance. I would like to come to Pensacola for your meeting
and will do so if the hearing gets moved or cancelled. However, for now I cannot give you certainty that I will
be there. You may want to plan your agenda as if I am not to be part of it.
Sorry for the long message, but I wanted to explain where things stand in my schedule. I feared that I would get
a hearing set that day, and the fear came true.
Thomas J. Wilkes
GrayRobinson, P.A.
301 East Pine Street, Suite 1400
P.O. Box 3068 (32802-3068)
Orlando, Florida 32801
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If
you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the
intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of
this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original
message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be
relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials .

Sent: Tuesday, November 17, 2009 11:48 AM
To: Thomas J. Wilkes
Tom:

Fantastic! I will have my executive director, Bill Ross, begin coordinating with Suzanne. We will await making a
final decision until after 12/10. As soon as you can, let me know you are coming and we will “ramp things up.”

I cannot tell you how pleased I am about your involvement. You can provide great insight to our community! I
look forward to seeing you in January.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e‐mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may
contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any
use, dissemination, distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete
the e‐mail and any attachments from your system. Thank you.
62

To: Ken Bell
Cc: Janet Lander; Suzanne Hedgecock

Justice Bell -
I would be honored and delighted to be there on January 5th. My only caveat is that I do a considerable
amount of work for the Orange and Seminole Property Appraisers, and this is the "season" for Value
Adjustment Board hearings. So far, I do not have any hearings scheduled for that week, but that could
change. If it does not change, I will gladly be there. Generally, the hearings are required procedurally
to be set and noticed 25 days in advance, so I should know with some certainty (altho not 100%) by
about December 10 whether I will have a hearing that week. If you can sign me up "tentatively", please
do it.
I would think that arriving Monday afternoon, Jan. 4, might be preferable. As I recall, there is a
morning flight from Orlando to Pensacola, but if it got delayed things could be messy. My assistant is
Suzanne Hedgecock, and her email is above. If you will have your executive director contact her, she
will coordinate.
I will also be pleased to meet with whomever would be helpful to your efforts, whether the Pensacola
News Journal ed board or consolidation supporters or otherwise. Please feel free to schedule whatever
meetings would suit your purposes, once we know the flight schedule.
Thank you for the invitation. I look forward to it!
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product
privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the
attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you
are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall,
in and of itself, create an attorney-client relationship with the sender.
Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm,
cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional
materials .

Sent: Monday, November 16, 2009 11:37 AM
63
Subject: Escambial County Consolidation Study Commission
Tom:

Again, thanks so much for you offer to assist our efforts! I understand that Janet Lander has placed a call
in to you in response to our discussion last week. I am so excited about how much you can help us in
drafting our plan!

I want to throw something out to you. Would you be willing to come to Pensacola on January 5th
primarily to participate in the Commission’s afternoon session? The Commission’s calendar is attached.
On 1/5, we will have an afternoon session to cover the proposed consolidation plan (and probably the
Commission’s report). My thought is that you could use an hour or so to present your experience in
Orlando and segway into you’re a discussion on our proposed plan. By this time, the Commission will
have voted on all of the major issues re consolidation/unification; and, you and Janet (and the Draft
Committee) will have ironed out the draft plan. You would be a vital source to answer whatever final
questions the Commissioners may have.

Equally important, this meeting will be videoed by UWF and posted to the Commission’s website. This
will allow the public to view our final, key discussion of the plan. Having you present and presenting will
provide a much needed discussion on what the Commission is proposing and what the anticipated
impact would be on our community’s future.

Additionally, we might consider scheduling a discussion with the media (especially the PNJ’s editorial
board) so that you could provide input on the impact the charter change had in Orange County and your
thoughts on what the Commission’s plan might have on Escambia/Pensacola. I have kept the
Commission’s work free of such media discussion so far, but this might be the right time to build up to
the final presentation to the legislative delegation on or before 1/15.

If you can come, we would pay both your expenses of travel and a reasonable per diem. We have
money in the budget for expert advice. Having you come would be invaluable and well‐worth the time.
Though you may charge more, I think if you asked for a $3,000‐$3,500 or so fee plus reimbursed travel
expense, that this would be money well spent. Whether you flew up and back the same day or stayed
the night before or after would be up to you. If you stayed a night, I could also arrange a non‐
Commission dinner with key supporters that got the special act passed (and have contributed to the
Commission’s work). At this dinner, you could answer whatever questions these supporters might have
and invigorate them on the possibilities for change.

Just let me know! If you this works for you, I will have our volunteer executive director contact your
assistant to help make arrangements.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
64
Ken Bell
From: Thomas J. Wilkes [Tom.Wilkes@gray-robinson.com]
To: Ken Bell
Justice Bell -
I am afraid I have a property-tax hearing at the Value Adjustment Board for Orange County on January 5. It
likely will get continued, but I probably won't know for sure until New Year's Eve or shortly before then.
At the VAB, hearings are scheduled, and the taxpayer has the statutory right to a continuance as long as it is
requested five or more days before the hearing date. The property appraiser, who is my client, does not have
the right to have a hearing continued, and the VAB clerk refuses to change dates when the property appraiser
asks. The taxpayer has all the cards.
The pattern for hearings like the one set for January 5 is that it will be continued, but probably not until
sometime around Dec. 30. The taxpayer involved is a large corporation that has a "tax representative" handling
the case. Tax reps are non-lawyers (usually former property appraiser staff) who are allowed to represent
taxpayers in VAB hearings (but not, of course, in judicial proceedings). Tax reps are in constant juggling mode
with their hearing schedules throughout December and January. Most have so many hearing-schedule conflicts
that they request continuances on nearly every hearing. Many cases also get settled before the hearing.
I expect this January 5 hearing to be continued or settled, but likely won't have certainty until around Dec.
30, when the tax rep makes the request for a continuance. I would like to come to Pensacola for your meeting
and will do so if the hearing gets moved or cancelled. However, for now I cannot give you certainty that I will
be there. You may want to plan your agenda as if I am not to be part of it.
Sorry for the long message, but I wanted to explain where things stand in my schedule. I feared that I would get
a hearing set that day, and the fear came true.
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
65
Tom:

Fantastic! I will have my executive director, Bill Ross, begin coordinating with Suzanne. We will await making a
final decision until after 12/10. As soon as you can, let me know you are coming and we will “ramp things up.”

I cannot tell you how pleased I am about your involvement. You can provide great insight to our community! I
look forward to seeing you in January.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

Justice Bell -
I would be honored and delighted to be there on January 5th. My only caveat is that I do a considerable
amount of work for the Orange and Seminole Property Appraisers, and this is the "season" for Value
Adjustment Board hearings. So far, I do not have any hearings scheduled for that week, but that could
change. If it does not change, I will gladly be there. Generally, the hearings are required procedurally
to be set and noticed 25 days in advance, so I should know with some certainty (altho not 100%) by
about December 10 whether I will have a hearing that week. If you can sign me up "tentatively", please
do it.
I would think that arriving Monday afternoon, Jan. 4, might be preferable. As I recall, there is a
morning flight from Orlando to Pensacola, but if it got delayed things could be messy. My assistant is
Suzanne Hedgecock, and her email is above. If you will have your executive director contact her, she
will coordinate.
I will also be pleased to meet with whomever would be helpful to your efforts, whether the Pensacola
News Journal ed board or consolidation supporters or otherwise. Please feel free to schedule whatever
meetings would suit your purposes, once we know the flight schedule.

66
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
materials .

Tom:

Again, thanks so much for you offer to assist our efforts! I understand that Janet Lander has placed a call
in to you in response to our discussion last week. I am so excited about how much you can help us in
drafting our plan!

I want to throw something out to you. Would you be willing to come to Pensacola on January 5th
primarily to participate in the Commission’s afternoon session? The Commission’s calendar is attached.
On 1/5, we will have an afternoon session to cover the proposed consolidation plan (and probably the
Commission’s report). My thought is that you could use an hour or so to present your experience in
Orlando and segway into you’re a discussion on our proposed plan. By this time, the Commission will
have voted on all of the major issues re consolidation/unification; and, you and Janet (and the Draft
Committee) will have ironed out the draft plan. You would be a vital source to answer whatever final
questions the Commissioners may have.

Equally important, this meeting will be videoed by UWF and posted to the Commission’s website. This
will allow the public to view our final, key discussion of the plan. Having you present and presenting will
provide a much needed discussion on what the Commission is proposing and what the anticipated
impact would be on our community’s future.

Additionally, we might consider scheduling a discussion with the media (especially the PNJ’s editorial
board) so that you could provide input on the impact the charter change had in Orange County and your
thoughts on what the Commission’s plan might have on Escambia/Pensacola. I have kept the
Commission’s work free of such media discussion so far, but this might be the right time to build up to
the final presentation to the legislative delegation on or before 1/15.
67

If you can come, we would pay both your expenses of travel and a reasonable per diem. We have
money in the budget for expert advice. Having you come would be invaluable and well‐worth the time.
Though you may charge more, I think if you asked for a $3,000‐$3,500 or so fee plus reimbursed travel
expense, that this would be money well spent. Whether you flew up and back the same day or stayed
the night before or after would be up to you. If you stayed a night, I could also arrange a non‐
Commission dinner with key supporters that got the special act passed (and have contributed to the
Commission’s work). At this dinner, you could answer whatever questions these supporters might have
and invigorate them on the possibilities for change.

Just let me know! If you this works for you, I will have our volunteer executive director contact your
assistant to help make arrangements.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
68
Ken Bell
From: Ken Bell
To: Janet Lander; Ed Fleming
Cc: bill ross

Commission meeting. He and I need to review it prior to us sending it to the Commissioners next Wednesday. When we
send it, we need to be sure to tell everyone how far to review. In other words, we will not get through all 40 pages.

Ed has tremendous legal ability and I hope is able to make time from a hectic schedule to help us get through the crunch
now. With all three of us working on this, we should be able to have a good product. Janet, I know you are getting
weary drafting this. Hopefully, with Ed, me, Tom Wilkes and Richard at MCC, we can help you. Thanks for all of your
work! We cannot do this without you!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

69
Ken Bell
Sent: Thursday, December 10, 2009 1:15 PM
Burns ; Keith Goldschmidt; Ken Bell; LuTimothy May; Michael Hardin; Norm Ross; Richard
Stone ; Rick Finch; Rick Harper; Rusty Tanner; 'Sharon Barnett'; Steve Moorhead; Tim
Common
Subject: DECEMBER 17 MEETING INFO
Commission Members. A formal public meeting notice will follow but I wanted to immediately tell you the
next meeting on December 17 will be held at the Sanders Beach-Corinne Jones Community Center from 3 to 6
pm. The Community Center closes at 8 pm so we can probably go a “little” past 6 pm if necessary. The City
Parks & Recreation Director David Flaherty has waived the usual security deposit and fee, again. If you run
into him thank him. (FYI, if you ever want to use the ballroom the security deposit is $300 and the charge $125
an hour.) They’ve since gained more experience with the sound system and will pre-test it with us before the
meeting. WUWF will not be present to record the meeting because the students who do all the actual work will
be on break. S/F, CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

70
Ken Bell
From: Ken Bell
Sent: Thursday, December 10, 2009 10:05 AM
To: 'Christopher J. Lewis'; 'bill ross'
Subject: RE: ECCSC Meeting on 12-17-'09 (Hall Center)
Bill and C.J.,
We will need to have minutes for our Executive Committee meeting. And, we will need the same for the 12/17
meeting. If Judy cannot cover, we need to assure recording and a secretary. We have money in the budget to make
this happen.
There was a paralegal who offered some help to Janet in the past. Maybe you could contact her.
I do not have the time to take on this responsibility. I will have to rely on our Secretary and our Executive Director to
see this is done.
Thanks.
From: Christopher J. Lewis [mailto:cjlewis0202@bellsouth.net]

To: Ken Bell; 'bill ross'
Gentlemen. I’ve now locked on the Sanders Beach-Corinne Jones CC ballroom from 2 – 7 pm December 17.
The charge will be minimal. I’m going there in the morning to sign the contract. I spoke with one of Pat’s
guys last night about the speaker and sent him an e-mail today with the request. I called Judy and she’s not
available. Because of her family situation we really can’t count on her to support ad hoc requests. She has her
hands full just producing the minutes. She also has the digital tape recorder in her possession so it’s in Gulf
Breeze. I’ll bring my cassette recorder to the meeting. As a reminder, I am not planning to stay for the entire
meeting. Assuming there is going to be a need for comprehensive minutes of the Executive Committee, I
recommend we contact Landrum and ask for reinforcements. S/F, CJ

To: Norm Ross; CJ Lewis
Cc: bill ross
Thanks, Norm!
C.J. will work with Bill to find another place. We have funds to pay a rental fee if necessary. And, we are to assure we
have amplification so the public can hear.
71
We also need to assure we have recording and minutes for the Executive Committee meeting tomorrow.
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
72
Ken Bell
To: Ken Bell; Rick Harper; CJ Lewis; Keith Goldschmidt
Subject: FW: Consolidated Charter, december8th Draft[1]. docx.docx
From: janet@janetlanderlaw.com
CC: kenbell@cphlaw.com; jlanderlaw@hotmail.com
Subject: Consolidated Charter, december8th Draft[1]. docx.docx
Date: Wed, 9 Dec 2009 14:28:59 -0600
Bill,
Please forward the attached draft to the Executive Committee members in advance of tomorrow's meeting.
Thanks,
Janet
Chat with Messenger straight from your Hotmail inbox. Check it out
73
Ken Bell
To: Ken Bell; 'bill ross'
Gentlemen. I’ve now locked on the Sanders Beach-Corinne Jones CC ballroom from 2 – 7 pm December 17.
The charge will be minimal. I’m going there in the morning to sign the contract. I spoke with one of Pat’s
guys last night about the speaker and sent him an e-mail today with the request. I called Judy and she’s not
available. Because of her family situation we really can’t count on her to support ad hoc requests. She has her
hands full just producing the minutes. She also has the digital tape recorder in her possession so it’s in Gulf
Breeze. I’ll bring my cassette recorder to the meeting. As a reminder, I am not planning to stay for the entire
meeting. Assuming there is going to be a need for comprehensive minutes of the Executive Committee, I
recommend we contact Landrum and ask for reinforcements. S/F, CJ

Cc: bill ross
Thanks, Norm!
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
74
Ken Bell
From: Ken Bell
To: Janet Lander; tom wilkes
Cc: edfleming@pensacolalaw.com
Subject: RE: Consolidated Charter, december8th Draft[1]. docx.docx
I just got off the phone with our Clerk of Court/Comptroller and his counsel. Though not opposed to consolidation, he is
adamant about the importance of his role a comptroller. He believes his independence from the County Government is
a vital protective mechanism that cannot be adequately duplicated in the new government. I told him I (personally) was
not keen on the idea of mandated the government use him as the Comptroller but that language in the charter that
would permit the government to continue to have him perform that function by interlocal agreement or ordinance
would be okay (if it is constitutionally permissible). His attorney is going to provide draft language and pointed to the
1994 Orange County revisions as the source. Tom’s insight on this would be helpful. I understand Orange County has
separately elected clerk and comptroller as we once had.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: tom wilkes
Tom,
We terminated our conversation abruptly last time we spoke. I hope that your wife is doing well. The attached draft is the
latest one we have so far. I am asking you to look it over and you will see that there are several notes directed to "Tom"
on the draft. Iam sending it to you in Word so that you can make any changes you think are advisable. Please put them
in bold, red italics.
Call me if you'd like more information or if you'd like to discuss anything. I'm going to check my files to make sure you got
a copy of the Second interim report of the drafting subcommittee so you may get another document soon.
Thanks again for all your help,

Janet
75
Ken Bell
From: Ken Bell
To: Rick Harper; CJ Lewis
Cc: bill ross
Subject: FW: Consolidated Charter, december8th Draft[1]. docx.docx
Importance: High

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: bill ross
Cc: Ken Bell; jlanderlaw@hotmail.com
Importance: High
Bill,
Thanks,
Janet
76
Ken Bell
From: Ken Bell
To: Thomas J. Wilkes; Janet Lander
Thanks, Tom. Janet told me your bride had some surgery. I hope all is well.

When you have time, let me know if you can come on January 5th so I can coordinate arrangement locally prior to the
holidays.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Janet Lander
Hi, Janet. Thanks for the draft. I will try to get to it in the next day or so. As I had told Justice Bell, December is the
season for property-tax hearings at value adjustment boards (you must remember that), and I have gotten entangled in a
number of them so far. Sorry for the radio silence over the past week, but that's the reason.
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
77
Tom,

Janet
78
Ken Bell
From: Ken Bell
Cc: bill ross
Thanks, Norm!
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
From: Norm Ross [mailto:nross@escambia.k12.fl.us]

To: Ken Bell
Subject: ECCSC Meeting on 12-17-'09 (Hall Center)
Judge Bell,
Per our conversation on last evening, the Hall center is not available during the time mention (3:00 p.m. to 6:00 p.m.).
We can certainly accommodate a later start time of (5:00 p.m. to 7:00 p.m.). Please advise.
Norm Ross
Norm G. Ross
Deputy Superintendent
The School District of Escambia County
215 West Garden Street
850-469-6131 Office
850-469-6379 Fax
79
>>> "Ken Bell" <kenbell@cphlaw.com> 12/7/2009 7:47 AM >>>
Dear ECCSC Commission members:
Attached is a copy of the FED committee’s final report for tomorrow. I send it in advance so that you may read it ahead
of time. A hard copy will be in you packet tomorrow.
Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
From: Rick Harper [mailto:rharper@uwf.edu]

Sent: Monday, December 07, 2009 6:39 AM
To: John Peacock; Doris Harris; Jeremy Brown; Richard Stone
Cc: Bill Ross; Ken Bell
Subject: ECCSC FED draft
Attached please find the draft report from the FED subcommittee for tomorrow's meeting. We will also
submit a technical appendix with data charts comparing Escambia and peer counties.
--
Rick Harper, Ph.D.

Director
Haas Center for Business Research and Economic Development

Bldg 53, Rm 230
The University of West Florida
11000 University Parkway
Pensacola, FL 32514
850.474.2657 (office)
850.341.8908 (cell)
80
850.474.3174 (fax)
http://www.haas.uwf.edu
81
Ken Bell
From: Norm Ross [nross@escambia.k12.fl.us]
To: Ken Bell
Subject: ECCSC Meeting on 12-17-'09 (Hall Center)
Judge Bell,
Per our conversation on last evening, the Hall center is not available during the time mention (3:00 p.m. to 6:00 p.m.).
We can certainly accommodate a later start time of (5:00 p.m. to 7:00 p.m.). Please advise.
Norm Ross
Norm G. Ross
Deputy Superintendent
The School District of Escambia County
215 West Garden Street
850-469-6131 Office
850-469-6379 Fax
>>> "Ken Bell" <kenbell@cphlaw.com> 12/7/2009 7:47 AM >>>
Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

82
Attached please find the draft report from the FED subcommittee for tomorrow's meeting. We will also
submit a technical appendix with data charts comparing Escambia and peer counties.
--
Rick Harper, Ph.D.

Director

Bldg 53, Rm 230
Pensacola, FL 32514
850.474.2657 (office)
850.341.8908 (cell)
850.474.3174 (fax)
83
Ken Bell
From: Rick Harper [rharper@uwf.edu]
To: John Peacock; Richard Stone; Jeremy Brown; Doris Harris
Cc: bill ross; Ken Bell; Jen Whitfield
Subject: Fwd: ECCSC Charts in Word Files
Attachments: ECCSCRevenuesAggregation.docx; ECCSC_County_Expenditure-Charts.docx;
ECCSC_County_Revenue_Charts.docx; ECCSCExpendituresAggregation.docx
FED members -
Here are the charts that constitute the technical appendix that we owe Judge Bell in addition to the draft report,
as per the discussion at last nights meeting. Please look at them, as well as the Fishkind and Florida TaxWatch
reports, with an eye to the synthesis/writeup that we need. We will discuss this on Tuesday and come away
with a table of contents and bullet points for the synthesis.
Bill/Richard/Jen - could you please make sure we are noticed for the 12/15 meeting at 5:30 at the Bowden
Building on Church St.?
Thanks,
Rick
--
Rick Harper, Ph.D.

Director

Bldg 53, Rm 230
Pensacola, FL 32514
850.474.2657 (office)
850.341.8908 (cell)
850.474.3174 (fax)
---------- Forwarded message ----------

From: Tolbert Ennis <tennis@uwf.edu>
Date: Tue, Dec 8, 2009 at 11:04 AM
Subject: ECCSC Charts in Word Files
To: Rick Harper <rharper@uwf.edu>, Phyllis Pooley <ppooley@uwf.edu>
Here are the charts.
Tolbert
84
85
Ken Bell
To: bill ross
Cc: Ken Bell; jlanderlaw@hotmail.com
Importance: High
Bill,
Thanks,
Janet
86
Ken Bell
To: Roger Merriam
Subject: ARTICLE V Executive Branc1.docx
Attachments: ARTICLE V Executive Branc1.docx
Good morning Roger,
Please take a look at the highlighted sections in the attachment relating to the executive and legislative branches and
provide us with some alternative approaches that may have been used by other local governments to fix such salaries.
Thanks,
Janet
87
Ken Bell
To: Janet Lander
Hi, Janet. Thanks for the draft. I will try to get to it in the next day or so. As I had told Justice Bell, December is the
season for property-tax hearings at value adjustment boards (you must remember that), and I have gotten entangled in a
number of them so far. Sorry for the radio silence over the past week, but that's the reason.
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW

Tom,

Janet
88
Ken Bell
To: tom wilkes
Tom,

Janet
89
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: FW: Consolidation Study Commission

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Cc: Al Coby; Diane Mack; Janet Matteson; Jewel Cannada-Wynn; John Jerralds; Larry B. Johnson; Larry B. Johnson; M
Wiggins; Maren Deweese; Megan Pratt; Megan Pratt; Mike Wiggins; P.C. Wu; Ronald Townsend; Rusty Wells; Sam Hall;
Sam HallFWD

Justice Bell, this is to confirm our telephone conversation of a few moments ago, discussing the concern I
expressed in my letter to you earlier today. You advised that Ms. Lander is continuing her drafting of the
document which is being circulated and that the provision requiring separate referenda for the City of
Pensacola and the Town of Century will remain and be a part of the final report. Thank you very much for your
call and clarification, I am sending it to the Mayor and Members of Council this afternoon.
Also, as I indicated, I believe that City Manager Al Coby and Finance Director Dick Barker will be available to
address the Commission on December 10 and I regret that I not be able to be there as well. Thank you again.
Rusty
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Telephone: (850) 435-1615
Fax: (850) 595-1290

90
Ken Bell
From: Richard Stone [rstone@escambiataxcollector.com]
To: Ken Bell; cjlewis0202; Charles L. Scott, Sr.; Clarry Ellis; dharris; Dr. Rick Harper; Ed Fleming;
Rev. LuTimothy May; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon Barnett; Stephen
Cc: bill ross
Subject: Latest Draft of Consolidation Charter
Attachments: Consolidated Charter, december 2nd Draft. docx.docx
Importance: High
Janet Lander has graciously provided the most updated version of the proposed draft consolidation charter, which I am
forwarding for your review before the meeting tonight. We will all be better prepared if we have taken the time to give
this document a quick review before the meeting. It is an honor to be your parliamentarian. –See you tonight. /rich

Rich Stone, CFCA
Chief Operations Officer
Escambia County Tax Collector
P. O. Box 1312
Pensacola, FL 32591
V - 850.438.6500
F - 850.434.2733
**********************************************
Email to and from this address is subject to Public Records Law and may be reviewed.
91
Ken Bell
To: Ken Bell
Cc: Al Coby; Diane Mack; Janet Matteson; Jewel Cannada-Wynn; John Jerralds; Larry B.
Johnson; Larry B. Johnson; M Wiggins; Maren Deweese; Megan Pratt; Megan Pratt; Mike
Wiggins; P.C. Wu; Ronald Townsend; Rusty Wells; Sam Hall; Sam HallFWD
Justice Bell, this is to confirm our telephone conversation of a few moments ago, discussing the concern I
expressed in my letter to you earlier today. You advised that Ms. Lander is continuing her drafting of the
document which is being circulated and that the provision requiring separate referenda for the City of
Pensacola and the Town of Century will remain and be a part of the final report. Thank you very much for your
call and clarification, I am sending it to the Mayor and Members of Council this afternoon.
Also, as I indicated, I believe that City Manager Al Coby and Finance Director Dick Barker will be available to
address the Commission on December 10 and I regret that I not be able to be there as well. Thank you again.
Rusty
WILLIAM D. WELLS
City Attorney
City of Pensacola
P.O. Box 12910
Telephone: (850) 435-1615
Fax: (850) 595-1290

92
Ken Bell
From: Ken Bell
To: 'Janet Lander'; bill ross
Subject: RE: Second Interim Report of Drafting Subcommittee (1).docx
I have asked Ed to make 10‐15 copies and Linda Davis to email to members with request to print beforehand. This
should cover us.

To: bill ross
Subject: Second Interim Report of Drafting Subcommittee (1).docx
Bill,
If it is too late to include this in the agenda back-up for tonight, please e mail it to all and ask them to print a copy and
bring it with them tonight.
Thanks,
Janet
93
Ken Bell
From: Ken Bell
To: Ed Fleming (epfleming@pensacolalaw.com)
Subject: FW: Second Interim Report of Drafting Subcommittee (1).docx
Attachments: Second Interim Report of Drafting Subcommittee (1).docx
Can you print and bring 10‐15 copies with you tonight? I am not in the office now.

To: bill ross
Bill,
Thanks,
Janet
94
Ken Bell
From: Ken Bell
To: Linda Davis
Subject: FW: Second Interim Report of Drafting Subcommittee (1).docx
Please forward to all ECCSC meetings and ask them to print and bring with them.

To: bill ross
Bill,
Thanks,
Janet
95
Ken Bell
To: Ken Bell
Subject: RE: Latest Draft of Consolidation Charter
Thanks Ken. I have received the most recent draft of the consolidation charter from Janet
Lander, which I will forward to all commission members immediately. This will enable all the
commission members to be better prepared for tonight's meeting. /rich

Rich Stone, CFCA
P. O. Box 1312
Pensacola, FL 32591
V ‐ 850.438.6500
F ‐ 850.434.2733

**********************************************

To: Richard Stone; janet@janetlanderlaw.com; epfleming@pensacolalaw.com
Cc: billrosseccsc@live.com
Subject: Re: Latest Draft of Consolidation Charter

A hard copy will be provided tonight.

From: Richard Stone <rstone@escambiataxcollector.com>
To: Ken Bell; janet@janetlanderlaw.com <janet@janetlanderlaw.com>; epfleming@pensacolalaw.com
<epfleming@pensacolalaw.com>
CC: billrosseccsc@live.com <billrosseccsc@live.com>
Sent: Tue Dec 08 13:28:40 2009

Hello. I am requesting that you please forward the most currently updated version of the
proposed language in the consolidation charter to me before tonight’s meeting. If the
drafting subcommittee has made no proposed changes at all since the November 5th draft
transmitted by e‐mail on November 7, please just confirm that the draft document circulated
that day by e‐mail is the most current and updated version of the consolidation charter. If
any changes have been made or proposed in the drafting subcommittee, please distribute those
by e‐mail to all commission members before we meet tonight so we can be better prepared.
THANKS ‐‐ see you tonight. /rich

Rich Stone, CFCA
P. O. Box 1312
96
Pensacola, FL 32591
V ‐ 850.438.6500
F ‐ 850.434.2733

**********************************************

97
Ken Bell
From: Ken Bell
To: 'epfleming@pensacolalaw.com'
Subject: Re: Administrative Issue
Yes

From: Edward P. Fleming <epfleming@pensacolalaw.com>
To: Ken Bell
Sent: Tue Dec 08 14:19:11 2009
Subject: Administrative Issue

Will sandwiches be brought in for tonight’s meeting? I ask only because I
worked through lunch. Ed.

Edward P. Fleming
25 West Government Street
(850) 477‐0660
(850) 477‐4510 (Facsimile)

Confidentiality Notice

This e‐mail transmission (and/or documents accompanying it) may contain confidential
information belonging to the sender which is protected by the attorney‐client privilege. The
information is intended only for the use of the individual or entity named above. If you are
not the intended recipient, you are hereby notified that any disclosure, copying,
distribution or taking of any action or reliance on the contents of this information is
strictly prohibited. If you have received this transmission in error, please immediately
notify us by telephone.

98
Ken Bell
From: Michael Hardin [mhardin@escambiavotes.com]
To: bill ross
Cc: Ken Bell
Subject: Unable to make meeting tonight
I won't be able to make the ECCSC meeting tonight. The information on composition has been sent and should be self
explainitory - with input from the other Committee Members.
Regards,
Michael
99
Ken Bell
From: Edward P. Fleming [epfleming@pensacolalaw.com]
To: Ken Bell
Subject: Administrative Issue
Will sandwiches be brought in for tonight’s meeting? I ask only because I worked through lunch. Ed.

Edward P. Fleming
25 West Government Street
(850) 477-0660
(850) 477-4510 (Facsimile)
Confidentiality Notice
This e-mail transmission (and/or documents accompanying it) may contain confidential information belonging to the sender which
is protected by the attorney-client privilege. The information is intended only for the use of the individual or entity named above. If
you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action or reliance
on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us
by telephone.
100
Ken Bell
From: Ken Bell
To: 'rstone@escambiataxcollector.com'; 'janet@janetlanderlaw.com';
'epfleming@pensacolalaw.com'
Cc: 'billrosseccsc@live.com'
Subject: Re: Latest Draft of Consolidation Charter
A hard copy will be provided tonight.

From: Richard Stone <rstone@escambiataxcollector.com>
To: Ken Bell; janet@janetlanderlaw.com <janet@janetlanderlaw.com>; epfleming@pensacolalaw.com
<epfleming@pensacolalaw.com>
CC: billrosseccsc@live.com <billrosseccsc@live.com>
Sent: Tue Dec 08 13:28:40 2009

Hello. I am requesting that you please forward the most currently updated version of the
proposed language in the consolidation charter to me before tonight’s meeting. If the
drafting subcommittee has made no proposed changes at all since the November 5th draft
transmitted by e‐mail on November 7, please just confirm that the draft document circulated
that day by e‐mail is the most current and updated version of the consolidation charter. If
any changes have been made or proposed in the drafting subcommittee, please distribute those
by e‐mail to all commission members before we meet tonight so we can be better prepared.
THANKS ‐‐ see you tonight. /rich

Rich Stone, CFCA
P. O. Box 1312
Pensacola, FL 32591
V ‐ 850.438.6500
F ‐ 850.434.2733

**********************************************

101
Ken Bell
To: Ken Bell; janet@janetlanderlaw.com; epfleming@pensacolalaw.com
Hello. I am requesting that you please forward the most currently updated version of the proposed language in the
consolidation charter to me before tonight’s meeting. If the drafting subcommittee has made no proposed changes at
all since the November 5th draft transmitted by e‐mail on November 7, please just confirm that the draft document
circulated that day by e‐mail is the most current and updated version of the consolidation charter. If any changes have
been made or proposed in the drafting subcommittee, please distribute those by e‐mail to all commission members
before we meet tonight so we can be better prepared. THANKS ‐‐ see you tonight. /rich

Rich Stone, CFCA
P. O. Box 1312
Pensacola, FL 32591
V - 850.438.6500
F - 850.434.2733
**********************************************
102
Ken Bell
To: tom wilkes
Cc: Ken Bell
Subject: REFERENDUM PROVISIONS.docx
Attachments: REFERENDUM PROVISIONS.docx
Tom,
Please review the attached language and tell me if it is appropriate for complying with the dual referendum requirement.
Thanks,
Janet
103
Ken Bell
To: bill ross
Bill,
Thanks,
Janet
104
Ken Bell
From: Ken Bell
Cc: Rick Harper; CJ Lewis; bill ross
Attachments: Consolidation Study Commission.pdf
Here is the City Attorney’s response. Janet, be sure to keep Wilkes informed. We will discuss at Thursday’s Exec.
Counsel meeting.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Catherine Miller
To: Ken Bell

See attached letter from William D. Wells, City Attorney. I printed a hard copy for you and saved this letter in Worldox
under ECCSC .

Catherine A. Miller
Legal Secretary to Kenneth B. Bell and Robert J. Powell
Pensacola, FL 32502
(850) 208-7026
cmiller@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may
contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use,
dissemination, distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the
e-mail and any attachments from your system. Thank you.

From: Janet Matteson [mailto:JMatteson@ci.pensacola.fl.us]
To: Catherine Miller

Thanks Cathy for delivering this for me!
Janet Matteson
Legal Assistant
105
City Attorney's Office
(850) 435-1615 Telephone
(850) 595-1290 Fax
Notice: Florida has a very broad public records law. Most written communications to or from state and local officials regarding
government business are public records available to the public and media upon request. Your email communications may be subject
to public disclosure.
106
Ken Bell
From: Catherine Miller
To: Ken Bell
Attachments: Consolidation Study Commission.pdf
See attached letter from William D. Wells, City Attorney. I printed a hard copy for you and saved this letter in Worldox
under ECCSC .

Catherine A. Miller
Legal Secretary to Kenneth B. Bell and Robert J. Powell
Pensacola, FL 32502
(850) 208-7026
cmiller@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may
contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use,
dissemination, distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the
e-mail and any attachments from your system. Thank you.

From: Janet Matteson [mailto:JMatteson@ci.pensacola.fl.us]
To: Catherine Miller

Thanks Cathy for delivering this for me!
Janet Matteson
Legal Assistant
City Attorney's Office
(850) 435-1615 Telephone
(850) 595-1290 Fax
Notice: Florida has a very broad public records law. Most written communications to or from state and local officials regarding
government business are public records available to the public and media upon request. Your email communications may be subject
to public disclosure.
107
Ken Bell
From: Ken Bell
To: Janet Holley
Cc: Janet Lander; Ed Fleming; bill ross
Subject: RE: : FW: Consolidated Charter November 5th Draft docx.pdf - Adobe Reader
Janet:

Thanks for the communication. Janet Lander had forwarded your note to me as a member of the Draft Committee.
The Draft Committee meets on Thursday after the Executive Committee which begins at 3. I think it is best to let the
Draft Committee address you concerns, make suggested changes to the Plan and formulate a recommendation to the
Commission for its Jan. 5th meeting, if necessary. I do not think it is productive to bypass that process.

Moreover, tonight’s meeting is loaded. We are receiving final reports from 2 major committees and we have many
critical votes to make (e.g. form of government, counsel composition, should the sheriff be in or out of the charter,
etc.). The sheriff has already asked to address the group as has the Clerk’s office (either Lisa or Ernie should appear to
discuss whether the comptroller/auditing function should be the Clerk’s or the consolidated government’s function).
As it stands, these items likely will take us well past 9 o’clock.

I am confident that the Draft Committee can best understand your concerns and formulate a recommendation to the
Commission for January 5th as needed. With this committee recommendation and any comments you want to make on
Jan. 5th, the Commission will be in a much better position to decide how it wishes to address your concerns. Bringing
the issue up tonight will not be nearly as productive and, most likely, will lead to a recommendation that it be referred
to the Draft Committee for further consideration and recommendation.

Nonetheless, if you still wish to present your concerns tonight, you will have the opportunity to do so; but, as a matter
of order, the time for public comment is not set until the end of the meeting which might not be until late. As chair, I
have to assure we get receive and discuss the committee reports, conduct the key votes tabled from November, and
re‐address the Clerk’s concerns left over from our last meeting before we move on to new items such as your request.
This could be very late and the commissioners will be pretty exhausted. Just let me know your preference.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Janet Holley [mailto:JHolley@escambiataxcollector.com]
To: Ken Bell
Subject: : FW: Consolidated Charter November 5th Draft docx.pdf - Adobe Reader

Dear Ken,
108
After reading the 5th draft of the consolidated charter, I had some concerns about sections referencing the
Constitutional Officers. I asked Ken van Assenderp, our Florida Tax Collectors Association legal counsel, to review these
sections and provide his comments which you will find below. I would like his points to be considered as changes to the
draft document. I have shared this with Janet Lander for the drafting committee, but would appreciate you
distributing same to the full Commission in advance of Tuesday's meeting. I plan to attend the meeting should you
have any questions. Thank you.
Janet Holley
• Article III, Section 3 provides that the consolidated government may exercise only any and all powers
of the county and each city, no more.
• As to Section 6.08F., no "charter office of internal audit" may ascertain the extent to which your
constitution office uses centralized administrative services with the consolidated government or make
findings and recommendations in order to eliminate "unnecessary duplication".
• With regard to Section 9.01, there are three matters to note:
o The first two sentences are worded poorly but generally are harmless because a consolidated
government cannot have jurisdiction over a constitution office.
o It is unconstitutional for your office as the state's constitution Tax Collector in Escambia
County, to function as part of the consolidated government. The third sentence is therefore
unconstitutional.
o It is unconstitutional in the consolidated charter to provide for an internal audit over your state
constitution county office of Tax Collector.

109
Ken Bell
From: Janet Holley [JHolley@escambiataxcollector.com]
To: Ken Bell
Subject: : FW: Consolidated Charter November 5th Draft docx.pdf - Adobe Reader
Dear Ken,
After reading the 5th draft of the consolidated charter, I had some concerns about sections referencing the
Constitutional Officers. I asked Ken van Assenderp, our Florida Tax Collectors Association legal counsel, to review these
sections and provide his comments which you will find below. I would like his points to be considered as changes to the
draft document. I have shared this with Janet Lander for the drafting committee, but would appreciate you
distributing same to the full Commission in advance of Tuesday's meeting. I plan to attend the meeting should you
have any questions. Thank you.
Janet Holley
unconstitutional.

110
Ken Bell
To: Janet Holley
Subject: Re: FW: Consolidated Charter November 5th Draft docx.pdf - Adobe Reader
Janet,
I must discuss your suggested changes with the Drafting Subcommittee and a vote must be taken but I will be happy to
present your comments at our next meeting on December 10th following the Executive Committee Meeting.. I will call
you after the meeting and tell you if the Drafting Subcommittee has approved the deletion of Section 6.08 F. and the
second and third sentences of Section 9.01.
Thanks for your input.
Janet
From: Janet Holley
Subject: FW: FW: Consolidated Charter November 5th Draft docx.pdf - Adobe Reader
Hi Janet,
Below are the comments I received from Ken van Assenderp concerning those sections of the consolidation
document we discussed last week. If you decide his comments have merit and will change the wording accordingly, I
will not need to submit a letter. Please advise.
Janet

unconstitutional.
111
Ken Bell
To: Ken Bell
Subject: FW: Committee Report
FYI
From: mhardin@escambiavotes.com
Date: Fri, 4 Dec 2009 12:50:09 -0600
Subject: Committee Report
Public Safety & Council Composition Sub Committee
Task
Study and make recommendations on the proposed council make up. Considerations must include
compliance with the Voting Rights Act and other associated law findings (ie: McMillan case).
Action Items
1. Recommendation on single member districts; at large districts; or combination of the those options.
a. Committee unanimously recommends all single member districts.
2. Recommendation on partisan or non-partisan elections for the proposed Council.

a. Committee unanimously recommends partisan elections for the proposed Council.
3. Recommendation on the number of single member districts.

a. The Committee agreed that the total number of districts should allow for adequate
representation of the uniqueness and diversity of the county. General consensus was
either nine (9) or eleven (11) districts could accomplish this goal. The Consolidation Study
Commission must be cognizant of the voter dilution issue under the Voting Rights Act.
Current available data used to make a recommendation is the 2000 Census and the 2008
population update estimate. Consensus of the Committee was to obtain a percentage of
minority representation of the single member districts equal to the most current data for
minority population. There was discussion of a minimum of 30% representation because
the current City of Pensacola Council comprises of a 30% minority representation.
However, the 2008 countywide population estimate shows a 22.6% minority population.
After discussion, the Committee agreed the Consolidation Study Commission, as a whole,
should discuss and determine the better option between nine (9) or eleven (11) districts, as
well as minority representation.
Windows 7: Unclutter your desktop. Learn more.
112
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: FW: ECCSC FED draft
Attachments: ECCSC FED subcommittee draft report.pdf


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Attached please find the draft report from the FED subcommittee for tomorrow's meeting. We will also submit
a technical appendix with data charts comparing Escambia and peer counties.
--
Rick Harper, Ph.D.

Director

Bldg 53, Rm 230
Pensacola, FL 32514
850.474.2657 (office)
850.341.8908 (cell)
850.474.3174 (fax)
113
Ken Bell
Attachments: ECCSC FED subcommittee draft report.pdf
Attached please find the draft report from the FED subcommittee for tomorrow's meeting. We will also submit
a technical appendix with data charts comparing Escambia and peer counties.
--
Rick Harper, Ph.D.

Director

Bldg 53, Rm 230
Pensacola, FL 32514
850.474.2657 (office)
850.341.8908 (cell)
850.474.3174 (fax)
114
Ken Bell
From: Escambia Clerk [escambiaclerk5@yahoo.com]
Sent: Sunday, December 06, 2009 9:29 PM
To: Ken Bell
Subject: Re: Clerk of Circuit Cout and Comptrolller's Concerns
Thanks.

Lisa Bernau
Chief Deputy
Ernie Lee Magaha
Clerk of the Circuit Court & Comptroller
lbernau@escambiaclerk.com

From: Ken Bell <kenbell@cphlaw.com>
To: C.J. Lewis <cjlewis0202@bellsouth.net>; "Charles L. Scott, Sr." <clscottsr@bellsouth.net>; Clarry Ellis
<clarry.ellis@stifel.com>; Doris Harris <dharris@escambiaclerk.com>; Dr. Rick Harper <rharper@uwf.edu>; Ed Fleming
<epfleming@pensacolalaw.com>; Enoch Leatherwood <eleatherwood1@cox.net>; Gary Montee
<gmmontee@escambiaso.com>; Gerald McKenzie <gemckenzie@yahoo.com>; "Janet Lander, Esq."
<janet@janetlanderlaw.com>; Jeremy Brown <jeremy@williamsbrowninc.com>; Jimmy Cunningham <jdc38@aol.com>;
John Gormley <john.gormley@suntrust.com>; John Peacock <johnpeacock@cox.net>; Judy Burns
<judyburns@mchsi.com>; Michael Hardin <michael_hardin@co.escambia.fl.us>; Norm Ross
<nross@escambia.k12.fl.us>; Rev. LuTimothy May <lmay2@uwf.edu>; Richard Stone
<richard_stone@co.escambia.fl.us>; Rick Finch <rick.finch@theactigraph.com>; Rusty Tanner <rtplh@aol.com>; SDr.
John Veasley <jveasley99@cox.net>; Sharon Barnett <sharon_barnett@cox.net>; Stephen Moorehead
<srmoorhead@pensacolalaw.com>; Tim Common <tim_common@cox.net>
Cc: bill ross <billrosseccsc@live.com>; lbernau@escambiaclerk.com
Sent: Sat, December 5, 2009 1:53:04 PM
Subject: Clerk of Circuit Cout and Comptrolller's Concerns
Commission Members:

I asked Lisa Bernau, counsel for the Office of Clerk and Comptroller, to provide me with a written copy of the comments
she had to so quickly make at the end of our last Commission meeting. After receiving them from her, I thought that it
would be best to forward them to each of you so that you can have them to review prior to Tuesday.

Understand, the function of the Clerk as clerk of the circuit court is unaffected by what is currently proposed. However,
this office’s functioning as the comptroller and auditor for the County would be greatly impacted as currently proposed.
This is Lisa’s concern that she well articulates.

I plan to present these concerns to the Commission after the vote on the form of government because I believe the form
of government we chose will greatly impact the issue of the whether or not the Clerk of the Circuit Court needs to also
serve as the consolidated government’s comptroller.

I informed Lisa that we would welcome the Honorable Ernie Lee Magaha’s thoughts on this should he wish to address
the Commission. He and his office have served the courts and this community better than one could hope for so many
years. And, we could all benefit from his wisdom and experience. If he is unable to come, Lisa certainly is capable of
addressing the issue with us.
115
116
Ken Bell
From: Ken Bell
Cc: bill ross; lbernau@escambiaclerk.com
Subject: Clerk of Circuit Cout and Comptrolller's Concerns
Attachments: Eccscconcerns N25.doc
Commission Members:

I asked Lisa Bernau, counsel for the Office of Clerk and Comptroller, to provide me with a written copy of the comments
she had to so quickly make at the end of our last Commission meeting. After receiving them from her, I thought that it
would be best to forward them to each of you so that you can have them to review prior to Tuesday.

Understand, the function of the Clerk as clerk of the circuit court is unaffected by what is currently proposed. However,
this office’s functioning as the comptroller and auditor for the County would be greatly impacted as currently proposed.
This is Lisa’s concern that she well articulates.

I plan to present these concerns to the Commission after the vote on the form of government because I believe the form
of government we chose will greatly impact the issue of the whether or not the Clerk of the Circuit Court needs to also
serve as the consolidated government’s comptroller.

I informed Lisa that we would welcome the Honorable Ernie Lee Magaha’s thoughts on this should he wish to address
the Commission. He and his office have served the courts and this community better than one could hope for so many
years. And, we could all benefit from his wisdom and experience. If he is unable to come, Lisa certainly is capable of
addressing the issue with us.
117
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: 12.8 ECCSC Votes.DOC
Attachments: 12.8 ECCSC Votes.doc
Attached for your preview is a list of the votes the Commission passed over to our 12/8 meeting.

As for the Committees that will report on 12/8, I ask that the Chairs be prepared to make specific recommendations so
that we can properly vote on those items we must approve. If possible, provide these recommendations to Bill Ross in
advance and he will make sure that they are made part of the meeting packet.
118
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: Consolidated Charter december 2nd Draft docx.docx
Attachments: Consolidated Charter december 2nd Draft docx.docx
To assist in the deliberations at our next Draft Committee meeting, I reviewed Janet’s last draft and made slight clerical
corrections in the process and some notes. See attached. I also want notify you of the following questions I will raise at
our next meeting:

1) Dismissal of Chief Administrative Officer: Should we delete the requirement that the Council approve the
Mayor’s decision to dismiss the CAO? A new CAO can only be hired with Council consent. Is this sufficient and
more appropriate to the anticipated role of the Mayor?
2) Dismissal of General Council: Should the Mayor be able to dismiss with or without cause BUT with Council
approval?
3) Should 5.12(c) be modified to add the reappointment condition?
4) Section 6.08G: Should this be a function of the Budget Analyst.
5) Utility Authority: Should we maintain the name, Emerald Coast Utility Authoridy?
119
Ken Bell
From: Ken Bell
Attachments: 12.08 Meeting Agenda (A0576544).DOC
Fellow Commissioners:

Attached is the agenda for this Tuesday’s commission meeting at the Hall Center. As you all know, this is a very
important meeting. Please come prepared to vote! Sheriff Morgan will address us again. We will then receive the
remaining final committee reports and the interim Draft Committee report. Next, we will vote on the major issues left
over from our last meeting in November. I expect to send you a list of this votes a little later today.

We can see the finish line! Amazingly, we are rounding the final turn. Don’t let up! Our vision of what consolidated
government would look like is almost complete! We have had the great privilege of peacefully deliberating on whether
or not we can improve our form of local government. Let us show our appreciation for this great freedom by staying
committed to presenting the best vision possible. Let’s finish strong!!!

It has been a tremendous honor to serve as chair of such a great group!

Ken. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
120
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: RE: Consolidated Charter, december 2nd Draft. docx.docx
Janet:

Bill will provide a copy of this latest version to the commission in the 12/8 packet. I think this is necessary for discussion
purposes.

And, please be sure to come to the 12/8 meeting ready to discuss any questions the Draft Committee needs answered in
order to move forward (other than the remaining votes you are already aware of from the last Commission meeting‐ re
form of government, sheriff, council composition, etc).

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Cc: bill ross
Subject: Consolidated Charter, december 2nd Draft. docx.docx
Dear Drafting Subcommittee Members and Bill,
Here is the very latest iteration of the draft Charter. The changes in red were added after the last draft was distributed. I
do not plan to distribute this draft in advance of the meeting on the 8th because we haven't had a chance to discuss it
yet. However, I will leave the distribution question to our Chairman, Ken Bell.
Janet Holley has some language that she will present through Rich Stone. She may attend the Executive Committee
meeting on Thurs.
Subjects such as the Utilities Authority, Economic Development, and other issues need to be discussed by both our
subcommittee and the ECCSC. This is a good Point of Beginning for those discussions.
Janet
121
Ken Bell
Cc: bill ross
Subject: Consolidated Charter, december 2nd Draft. docx.docx
Attachments: Consolidated Charter, december 2nd Draft. docx.docx
Dear Drafting Subcommittee Members and Bill,
Here is the very latest iteration of the draft Charter. The changes in red were added after the last draft was distributed. I
do not plan to distribute this draft in advance of the meeting on the 8th because we haven't had a chance to discuss it
yet. However, I will leave the distribution question to our Chairman, Ken Bell.
Janet Holley has some language that she will present through Rich Stone. She may attend the Executive Committee
meeting on Thurs.
Subjects such as the Utilities Authority, Economic Development, and other issues need to be discussed by both our
subcommittee and the ECCSC. This is a good Point of Beginning for those discussions.
Janet
122
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: ARTICLE IX.docx
Attachments: ARTICLE IX.docx
Here is a proposed revision for discussion at our next meeting.
123
Ken Bell
To: Ken Bell
Cc: Ed Fleming; bill ross
Subject: Re: Draft Plan
Bill has taken care if this.

From: Ken Bell
To: Janet Lander
Cc: Ed Fleming ; bill ross
Subject: Draft Plan
Please be sure to circulate what you have on the plan today to Janet in Al Coby’s office and to the County folks.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
124
Ken Bell
From: Ken Bell
To: Janet Lander
Cc: Ed Fleming; bill ross
Subject: Draft Plan
Please be sure to circulate what you have on the plan today to Janet in Al Coby’s office and to the County folks.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

125
Ken Bell
To: rick.finch@theactigraph.com; dharris@escambiaclerk.com; ddickey@escambiaso.com;
john.gormley@suntrust.com; janet@janetlanderlaw.com; tim_common@cox.net;
nross@escambia.k12.fl.us; epfleming@pensacolalaw.com; rtplh@aol.com; cjlewis0202
@bellsouth.net; srmoorhead@pensacolalaw.com; jdc38@aol.com; gemckenzie@yahoo.com;
clarry.ellis@stifel.com; eleatherwood1@cox.net; lmay2@uwf.edu; sharon_barnett@cox.net;
gwmontee@escambiaso.com; richard_stone@co.escambia.fl.us;
michael_hardin@co.escambia.fl.us; Ken Bell; rharper@uwf.edu; clscottsr@bellsouth.net;
jeremy@williamsbrowninc.com; jveasley99@cox.net; johnpeacock@cox.net
Cc: Keith Goldschmidt
Subject: FW: Escambia Consoildation Preamble Letter 1.docx
Attachments: Escambia Consoildation Preamble Letter 1.docx; Escambia_Consoildation_Preamble_Letter_
1.docx
For those who could note open first version.

Subject: Escambia Consoildation Preamble Letter 1.docx
Date: Thu, 3 Dec 2009 11:06:42 -0600
I think you need this.
126
Ken Bell
Subject: FW: Draft of preamble and equal opportunity clause
Please be prepared to discuss at the ECCSC meeting 12/8/09.

Do not respond otherwise.
Subject: Fw: Draft of preamble and equal opportunity clause
Date: Thu, 3 Dec 2009 09:53:36 -0600
Bill,
The attachment should be distributed to all the ECCSC commissioners. Please ask them to be prepared to discuss it at
our meeting on the 8th.
Thanks,
Janet
From: Roger Merriam
To: 'janet@janetlanderlaw.com' ; 'kenbell@cphlaw.com'
Subject: Draft of preamble and equal opportunity clause
Roger D. Merriam
Senior Code Attorney
800-262-2633
Windows LiveT Hotmail is faster and more secure than ever. Learn more.
127
Ken Bell
From: Ken Bell
Subject: Re: ARTICLE IX.docx
I am on the road. Mayor Wiggins said the City staff is ready and willing to respond at our
12/10Exec. Committee Mtg. Please send the draft plan to Janet (Al Coby's assistant). She
will forward to Al, Dick and Rusty.

From: Janet Lander <janet@janetlanderlaw.com>
To: Ken Bell
Sent: Wed Dec 02 12:02:19 2009

Here is a more complete revision. I had originally used the Jax model. This language tracks
Art VIII, section 1. (d) of the Fla. Const. re "County Officers." My review of the Brock
decision leads me to recommend this route so that there can be no misunderstanding as to the
ability of the Council to determine what role it wishes the Clerk to have in the consolidated
government. My concern is that without such clarity, litigation may be inevitable. We can
discuss this at the next ECCSC meeting on December 8th.

128
Ken Bell
From: Ken Bell
Subject: Re: Draft of preamble and equal opportunity clause
The language is potentially too strict. We need to discuss adding a reasoable efforts
standard. So let's discuss at the Draft Committee first.

To: Ken Bell
Sent: Wed Dec 02 12:43:19 2009

Voila! Would you like me to send the minorities portion to Gerald Mc Kenzie?
‐‐‐‐‐ Original Message ‐‐‐‐‐
From: Roger Merriam <mailto:rdm@municode.com>

Roger D. Merriam
800‐262‐2633

129
Ken Bell
From: Ken Bell
Subject: Re: Draft of preamble and equal opportunity clause
I would send it to all commission members and ask them to be prepared to discuss.

To: Ken Bell
Sent: Wed Dec 02 12:43:19 2009

From: Roger Merriam <mailto:rdm@municode.com>

Roger D. Merriam
800‐262‐2633

130
Ken Bell
To: Ken Bell
Attachments: Escambia Consoildation Letter 1.doc
From: Roger Merriam
Roger D. Merriam
800-262-2633
131
Ken Bell
From: Roger Merriam [rdm@municode.com]
To: 'janet@janetlanderlaw.com'; Ken Bell
Attachments: Escambia Consoildation Letter 1.doc
Roger D. Merriam
800-262-2633
132
Ken Bell
To: Ken Bell
Attachments: ARTICLE IX.docx
Here is a more complete revision. I had originally used the Jax model. This language tracks Art VIII, section 1. (d) of the
Fla. Const. re "County Officers." My review of the Brock decision leads me to recommend this route so that there can be
no misunderstanding as to the ability of the Council to determine what role it wishes the Clerk to have in the consolidated
government. My concern is that without such clarity, litigation may be inevitable. We can discuss this at the next ECCSC
meeting on December 8th.
133
Ken Bell
To: Ken Bell
Subject: Fw: DRAFT CHARTER
Attachments: Consolidated Charter, december 1st Draft. docx.docx
I just spoke with Roger. He is working on the Preamble and the substantive language re: minorities. He'll try to get
something to me today. I will email it to you later this afternoon or early evening.
Please note the change in the December 1st draft, re the Clerk, in Article IX. We haven't talked about this yet .
From: Janet Lander
To: Ken Bell
Subject: Re: DRAFT CHARTER
Let me send it to you as it is. If you don't need to discuss anything further with me before distributing it, please go ahead.
Otherwise, we can call a special meeting of the drafting subcommittee. I need to work on the Utilities Authority and the
Economic Development Commission and add the MSPB language.
From: Ken Bell
To: Janet Lander
Subject: RE: DRAFT CHARTER
Okay. I have spoken with Al Coby. He would like to have whatever you have as soon as practicable. I am sure the other
folks will feel the same. I know you will do your best.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

I'm working on your changes. I just need another 2 days before I distribute it to the city/county folks.I'll have it ready by
Thurdsday.
From: Janet Lander
To: Christopher J. Lewis
CJ,
134
I'm working on some changes developed by the Drafting Subcommittee that I need to incorporated asap. As soon as I
finish, I will forward the draft to you. I hadn't planned on distributing the next draft until we voted on the mayor, council
composition and Sheriff. Let me know if you can wait another day or so. If not, I can forward the one before this.
Thanks,
Jamet
From: Christopher J. Lewis
To: Janet Lander
Subject: DRAFT CHARTER
Janet. To begin preparing for the 12/10 Executive Committee meeting I’d like to review a copy of the draft
charter as it now stands. I realize there will be some changes based on what happens 12/8. Thanks. S/F, CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

135
Ken Bell
To: Ken Bell
Attachments: Consolidated Charter, december 1st Draft. docx.docx
Let me send it to you as it is. If you don't need to discuss anything further with me before distributing it, please go ahead.
Otherwise, we can call a special meeting of the drafting subcommittee. I need to work on the Utilities Authority and the
Economic Development Commission and add the MSPB language.
From: Ken Bell
To: Janet Lander

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

Thurdsday.
From: Janet Lander
CJ,
Thanks,
Jamet
To: Janet Lander
136

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

137
Ken Bell
From: Ken Bell
To: Janet Lander

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

Thurdsday.
From: Janet Lander
CJ,
Thanks,
Jamet
To: Janet Lander

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617
138

139
Ken Bell
To: Ken Bell
Thurdsday.
From: Janet Lander
CJ,
Thanks,
Jamet
To: Janet Lander

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

140
Ken Bell
From: Ken Bell
To: Rick Harper; CJ Lewis; Janet Lander
Cc: bill ross
Subject: FW: Escambia County Consolidation
fyi

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: 'wilson_robertson@co.escambia.fl.us'; 'district2@co.escambia.fl.us'; 'marie_young@co.escambia.fl.us';
'kevin_white@co.escambia.fl.us'; 'bob_mclaughlin@co.escambia.fl.us'
Subject: RE: Escambia County Consolidation

Dear Commissioners:

As you can see in my letter as Chair of the Escambia County Consolidation Study Commission, I ask that you allow your
three key staff (Administrator/Manager, Attorney and Financial Director) to review our draft plan and point out to our
Executive Committee any administrative, legal or fiscal pitfalls or problems they foresee.

As you know, our Commission is simply a study commission tasked with developing a plan. We would not ask staff to
opine on whether consolidation is a good or bad idea. We simply need their wisdom and experience to point out any
inherent flaws or trouble spots in the plan that we might not otherwise catch.

I hope you will grant this important request so that we can satisfy our legislative mandate. I have spoken with Mayor
Mike Wiggins and he indicates his unqualified support for this request. Thank you for your attention.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

141
From: Linda Davis
To: district4@co.escambia.fl.us
Cc: Ken Bell; wilson_robertson@co.escambia.fl.us; district2@co.escambia.fl.us; marie_young@co.escambia.fl.us;
kevin_white@co.escambia.fl.us; bob_mclaughlin@co.escambia.fl.us
Subject: Escambia County Consolidation

Dear Ladies & Gentlemen,

Attached please find correspondence from Kenneth B. Bell, Chair of the Escambia County Consolidation Study
Commission.

Linda Davis
Administrative Assistant for
Scott A. Remington, Megan Fortson and Kenneth B. Bell
Clark, Partington, Hart, Larry,
Bond & Stackhouse
125 W. Romana Street, Suite 800
Pensacola, FL 32502
850-208-7070
Unless otherwise indicated or obvious from the nature of the transmittal, the information
contained in this message is privileged and/or confidential information intended solely for
the use of the addressee. If the reader of this message is not the intended recipient, or the
employee or agent responsible to deliver it to the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication or any of the
information in it is strictly prohibited. If you have received this communication in error,
please advise the sender by reply e‐mail and then delete the message. Thank you.

142
Ken Bell
From: Ken Bell
To: 'wilson_robertson@co.escambia.fl.us'; 'district2@co.escambia.fl.us';
'marie_young@co.escambia.fl.us'; 'kevin_white@co.escambia.fl.us';
'bob_mclaughlin@co.escambia.fl.us'
Dear Commissioners:



I hope you will grant this important request so that we can satisfy our legislative mandate. I have spoken with Mayor
Mike Wiggins and he indicates his unqualified support for this request. Thank you for your attention.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Linda Davis


Commission.

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
143

144
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: FW: Escambia County Consolidation
Attachments: SharpComLit@cphlaw.com_20091130_224949.pdf
FYI.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Linda Davis


Commission.

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

145
Ken Bell
From: Ken Bell
To: 'pcwu@ci.pensacola.fl.us'; 'shall@ci.pensacola.fl.us'; 'mdeweese@ci.pensacola.fl.us';
'ljohnson@ci.pensacola.fl.us'; 'jjerralds@ci.pensacola.fl.us'; 'jcannada-
wynn@ci.pensacola.fl.us'; 'rtownsend@ci.pensacola.fl.us'; 'dmack@ci.pensacola.fl.us';
'mpratt@ci.pensacola.fl.us'
Dear Commissioners and Council Members:



I hope you will grant this important request so that we can satisfy our legislative mandate. Thank you for your attention.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Linda Davis
To: mwiggins@ci.pensacola.fl.us
Cc: Ken Bell; pcwu@ci.pensacola.fl.us; shall@ci.pensacola.fl.us; mdeweese@ci.pensacola.fl.us;
ljohnson@ci.pensacola.fl.us; jjerralds@ci.pensacola.fl.us; jcannada-wynn@ci.pensacola.fl.us;
rtownsend@ci.pensacola.fl.us; dmack@ci.pensacola.fl.us; mpratt@ci.pensacola.fl.us


Commission.

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
146

147
Ken Bell
From: Linda Davis
Cc: Ken Bell; wilson_robertson@co.escambia.fl.us; district2@co.escambia.fl.us;
marie_young@co.escambia.fl.us; kevin_white@co.escambia.fl.us;
bob_mclaughlin@co.escambia.fl.us

Commission.

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

148
Ken Bell
From: Linda Davis
To: mwiggins@ci.pensacola.fl.us
Cc: Ken Bell; pcwu@ci.pensacola.fl.us; shall@ci.pensacola.fl.us; mdeweese@ci.pensacola.fl.us;
ljohnson@ci.pensacola.fl.us; jjerralds@ci.pensacola.fl.us; jcannada-wynn@ci.pensacola.fl.us;
rtownsend@ci.pensacola.fl.us; dmack@ci.pensacola.fl.us; mpratt@ci.pensacola.fl.us

Commission.

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

149
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: 12/10 Executive Committee Meeting
We have an Executive Committee Scheduled for 12/10. Bill will assure it is properly and timely noticed.

As part of this meeting, I think it would be helpful to have the key staff of the County and City review our tentative plan
and provide us with their analysis of any management, legal or fiscal pitfalls or problems that we may not otherwise be
aware of. Today I am sending a formal request for this review and input to the County Commission and the City Council.
I also will call the City and County Managers to inform them of this request.

In anticipation that these key personnel will be allowed (and hopefully encouraged) to provide us this invaluable input, I
ask Janet to go ahead and provide the Manager, Attorney and Finance Director for both the County and the City with a
copy of the Draft Plan. They will be free to speak with her directly, but I want them to advise the Executive Committee
at our next meeting. If necessary, we will schedule an additional meeting to get this critical input.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

150
Ken Bell
From: Ken Bell
Cc: bill ross; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Enoch
Leatherwood; Gary Montee; Gerald McKenzie; Jeremy Brown; Jimmy Cunningham; John
Gormley; John Peacock; Judy Burns; Michael Hardin; Norm Ross; Rev. LuTimothy May;
Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon Barnett; Stephen
The Economic Development S.A.C.’s recommended that we create a single Sea and Airport Authority. We have not
discussed and voted on this recommendation as a Commission. I will place this on the 12/8 agenda for discussion and
vote. But, we also need to address as a drafting committee.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

151
Ken Bell
Subject: FW: School Board: Elected board works for people
FYI
From: cjlewis0202@bellsouth.net
Subject: FW: School Board: Elected board works for people
Date: Mon, 30 Nov 2009 20:01:53 -0600
Bill. Please forward to commission members for their info only. S/F, CJ
Feed: Opinion
Posted on: Saturday, November 28, 2009 11:00 PM
Author: Times-Union
Subject: School Board: Elected board works for people
Over the past several months, the Charter Revision Commission has been discussing various proposals, one of
which is mayoral appointment of the School Board in Duval County.
Mayor Peyton endorsed placing such a proposal on a referendum.
The Duval County School Board unanimously opposes such a proposal and has asked to appear before the
commission, along with the superintendent, before any recommendations are approved to send to City
Council. We have not heard a response to our request.
Here are reasons why we oppose an appointed School Board:
read more
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pictures. To help pictures. To help pictures. To help pictures. To help pictures. To help pictures. To help pictures. To help
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auto matic downlo auto matic downlo auto matic downlo auto matic downlo auto matic downlo auto matic downlo auto matic downlo
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View article...
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152
Ken Bell
Sent: Monday, November 30, 2009 3:53 PM
Cc: bill ross
Subject: Draft Minutes FOR DRAFTING SUBCOMMITTEE MEETING OF November 20.docx
Attachments: Draft Minutes FOR DRAFTING SUBCOMMITTEE MEETING OF November 20.docx
Please review prior to our December 10th Drafting Subcommittee meeting.

Thanks,
Janet
153
Ken Bell
From: Keith Goldschmidt [kgoldschmidt@uwf.edu]
To: Ken Bell
Subject: Re: Early draft of ECCSC report
Ken,
Just a reminder that the development committee has a recommendation to create a Sea and Air Port Authority.
On Mon, Nov 30, 2009 at 3:10 PM, Ken Bell <kenbell@cphlaw.com> wrote:
Call me 208-7025
Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain
distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments
From: Keith Goldschmidt [mailto:kgoldschmidt@uwf.edu]

To: Ken Bell
Subject: Early draft of ECCSC report
Ken,
Before I plunge more deeply into the report, I thought I'd share this with you first to see if I'm heading in the
proper direction. It's still a draft. I've included bare summary information in the introduction, and the first page
of recommendations. There will be a page for each of the major recommendations. he appendix will include the
final reports from the special advisory committees, the enabling legislation and other pertinent information.
154
Just let me know what you think.
--
Keith Goldschmidt
Lecturer
UWF Communication Arts Department
850-474-3032
--
Keith Goldschmidt
Lecturer
850-474-3032
155
Ken Bell
From: Ken Bell
To: Keith Goldschmidt
Subject: RE: Early draft of ECCSC report
This is a good start. If you could develop an outline or table of contents, that would probably help us communicate best
from the outside. We need to agree of the framework first. Important in this will be identifying the folks involved, the
purpose, vision and goals (which is on the website and has guided our work), explaining our structure (the commission,
the 6 Commission committees and the 3 S.A.C.s, explaining their deliberative process (advantages and disadvantages of
current situation vs. consolidation, etc). Once this is done, then the final reports of each committee fit in well. Stated
simply, we must answer the who, what, when, where and how questions with the big “what” being the plan itself.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Keith Goldschmidt [mailto:kgoldschmidt@uwf.edu]
To: Ken Bell
Ken,
--
Keith Goldschmidt
Lecturer
850-474-3032
156
Ken Bell
To: Ken Bell
Subject: Re: Emailing: 2D07-4549.pdf
The Marshall for the 2nd DCA said that Justice Canady was appointed an associate judge for the 2nd DCA by
Administrative Order of the Chief Justice to enable him to wrap up his caseload.
From: Ken Bell
To: Janet Lander ; tom wilkes
Subject: RE: Emailing: 2D07-4549.pdf
This is odd. The opinion was filed 9/23/2009 and reflect “Canady, Associate Judge” as the author yet there is not Judge
Canady on the Court. Charles Canady was appointed to the Florida Supreme Court from the 2nd DCA in the fall of 2008.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: tom wilkes
Cc: Ken Bell
Subject: Emailing: 2D07-4549.pdf
Here is the case for which Collier County seeks review by the Florida Supreme Court..
The message is ready to be sent with the following file or link attachments:
2D07-4549.pdf
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.
157
Ken Bell
From: Keith Goldschmidt [kgoldschmidt@uwf.edu]
To: Ken Bell
Attachments: The report.doc
Ken,
--
Keith Goldschmidt
Lecturer
850-474-3032
158
Ken Bell
To: Ken Bell
Subject: Re: Emailing: 2D07-4549.pdf
I left a voice mail with the "Marshall" of the 2nd DCA regarding this curious issue.
From: Ken Bell
To: Janet Lander ; tom wilkes

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: tom wilkes
Cc: Ken Bell
2D07-4549.pdf
159
Ken Bell
From: Ken Bell
To: Janet Lander; tom wilkes

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: tom wilkes
Cc: Ken Bell
2D07-4549.pdf
160
Ken Bell
To: tom wilkes
Cc: Ken Bell
Attachments: 2D07-4549.pdf
2D07-4549.pdf
161
Ken Bell
Subject: FW: Escambia Public Officials Salaries, FY '08 - '09 and historical data
Attachments: ectc@escambiataxcollector.com_20091130_130837.pdf
FYI
> From: rstone@escambiataxcollector.com

> To: billrosseccsc@live.com; cjlewis0202@bellsouth.net
> Date: Mon, 30 Nov 2009 13:13:03 -0600
> Subject: Escambia Public Officials Salaries, FY '08 - '09 and historical data
>
> This information may be helpful in conjunction with consideration of the recommendation of the
Administrative Services Subcommittee regarding salaries, and is offered for distribution to the eccsc
commissioners as an administrative detail only. Please forward to the group. THANKS /rich
>
> Rich Stone, CFCA
> Chief Operations Officer
> Escambia County Tax Collector
> P. O. Box 1312
> Pensacola, FL 32591
> V - 850.438.6500
> F - 850.434.2733
>
> **********************************************
> Email to and from this address is subject to Public Records Law and may be reviewed.
>
>
>
>
> -----Original Message-----
> From: ectc@escambiataxcollector.com [mailto:ectc@escambiataxcollector.com] On Behalf Of ectc@
> Sent: Monday, November 30, 2009 1:09 PM
> To: Richard Stone
> Subject: Scanned image from MX-M450N
>
>
> DEVICE NAME: Not Set
> DEVICE MODEL: MX-M450N
> LOCATION: Not Set
>
> FILE FORMAT: PDF MMR(G4)
162
> RESOLUTION: 300dpi x 300dpi
>
> Attached file is scanned image in PDF format.
> Use Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems Incorporated to
view the document.
> Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from the following
URL:
> Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or
trademarks of Adobe Systems Incorporated in the United States and other countries.
>
> http://www.adobe.com/
>
>
>
Bing brings you maps, menus, and reviews organized in one place. Try it now.
163
Ken Bell
From: Ken Bell
To: Janet Lander
Cc: bill ross
Subject: FW: Brock vs. Collier County Audit Case
Attachments: NoticetoInvokeDiscretionaryJurisdiction.pdf
Please review and be prepared to address with the full Commission at our next meeting. And, this is an ideal issue to get
Tom Wilkes’ opinion on.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Lisa Bernau [mailto:lbernau@clerk.co.escambia.fl.us]
To: Ken Bell
Subject: FYI: Brock vs. Collier County Audit Case

For your information...thanks.
Lisa Bernau
Chief Deputy
Ernie Lee Magaha
Escambia County, Florida
850-595-4312
Please see the following press release just received from the Collier County Clerk’s Office and
attached Supreme Court filing by Collier County regarding the county’s decision to continue its legal
fight against the Clerk.
PRESS RELEASE

County Continues Legal Fight with Clerk; Costing Taxpayers More Money

Collier County officials have decided to continue their legal battle with the Clerk of Courts all the way to the
Florida Supreme Court wasting more tax dollars on legal fees and court costs in their latest attempt to prevent
the Clerk from auditing county finances.

This comes after Second District Court of Appeals (DCA) of the State of Florida issued its opinion on September
23, 2009 reaffirming the Clerk of Courts is accountant, auditor and custodian of all county funds. The DCA also
164
denied two additional motions filed by Collier County in response to the DCA opinion; one to rehear the case
and the other to certify the case to the Florida Supreme Court. Both were denied by the DCA.

“Why is the Board of County Commissioners fighting so hard and spending so much of the taxpayer’s money
to prevent the Clerk from doing his job to audit the public’s business?” Dwight asked after learning of the
County’s latest maneuver. “This, in pursuit of the very act the DCA refused to ask the Supreme Court to
consider.”

The DCA reaffirmed its rulings to uphold the Clerk’s right to audit “to the extent that the Clerk is the custodian
of all county funds, he necessarily can only be the custodian of those funds to which he has been given
custody, which would presumably encompass all County funds.”

The DCA opinion stated “A public officer with the right and responsibility to maintain custody of public funds
necessarily has the authority both to investigate circumstances in which public funds have wrongfully been
withheld from the officer’s custody and seek to obtain custody of the withheld funds. Restricting the Clerk’s
authority to do so is inconsistent with the goal of protecting public funds from misappropriation, and it is
inconsistent with the effectual and complete exercise of the Clerk’s authority as custodian of all county funds.”

The DCA decision concluded that the trial court’s ruling prohibiting post payment audits is inconsistent with
the Clerk’s statutory power to inspect and examine all county accounts at all times and with the Clerk’s
statutory duty to ensure all payments of county funds comply with applicable legal requirements. Post‐
payment audits to verify the legality of payments that have been made are necessary to effectively carry out
the Clerk’s duty to ensure that county funds are expended only as authorized by law. Verification of the
legality of payments already made – a process which tests the soundness of existing internal controls – is
directly related to ensuring that future payments are legal. To deny the Clerk the ability to conduct such post
payment audits would compromise the Clerk’s duty and power to guard against the illegal use of county funds.

The DCA stated that prior to signing any warrant for the payment of any claim, bill or indebtedness from
county funds, the Clerk is required to insure that the payment is lawful. Consequently, any auditing necessary
to insure the legality of the expenditure prior to payment is proper.

To read the complete DCA opinion visit CollierClerk.com “News Room.” Appeals Court Reaffirms Brock’s Role
as Auditor and Custodian of All County Funds, dated September 24, 2009.

November 25, 2009

For more information contact:

Robert D. St. Cyr, Director of Community Outreach
Clerk of the Circuit Court of Collier County
3301 Tamiami Trail East
Naples, Fl 34112
Telephone: (239) 252‐ 6879
Email: Robert.StCyr@collierclerk.com
Website: www.collierclerk.com
165
Ken Bell
From: Lisa Bernau [lbernau@clerk.co.escambia.fl.us]
To: Ken Bell
Subject: FYI: Brock vs. Collier County Audit Case
Attachments: NoticetoInvokeDiscretionaryJurisdiction.pdf
For your information...thanks.

Lisa Bernau
Chief Deputy
Ernie Lee Magaha
850-595-4312
Please see the following press release just received from the Collier County Clerk’s Office and
attached Supreme Court filing by Collier County regarding the county’s decision to continue its legal
fight against the Clerk.
PRESS RELEASE

County Continues Legal Fight with Clerk; Costing Taxpayers More Money

Collier County officials have decided to continue their legal battle with the Clerk of Courts all the way to the
Florida Supreme Court wasting more tax dollars on legal fees and court costs in their latest attempt to prevent
the Clerk from auditing county finances.

This comes after Second District Court of Appeals (DCA) of the State of Florida issued its opinion on September
23, 2009 reaffirming the Clerk of Courts is accountant, auditor and custodian of all county funds. The DCA also
denied two additional motions filed by Collier County in response to the DCA opinion; one to rehear the case
and the other to certify the case to the Florida Supreme Court. Both were denied by the DCA.

“Why is the Board of County Commissioners fighting so hard and spending so much of the taxpayer’s money
to prevent the Clerk from doing his job to audit the public’s business?” Dwight asked after learning of the
County’s latest maneuver. “This, in pursuit of the very act the DCA refused to ask the Supreme Court to
consider.”

The DCA reaffirmed its rulings to uphold the Clerk’s right to audit “to the extent that the Clerk is the custodian
of all county funds, he necessarily can only be the custodian of those funds to which he has been given
custody, which would presumably encompass all County funds.”

The DCA opinion stated “A public officer with the right and responsibility to maintain custody of public funds
necessarily has the authority both to investigate circumstances in which public funds have wrongfully been
withheld from the officer’s custody and seek to obtain custody of the withheld funds. Restricting the Clerk’s
authority to do so is inconsistent with the goal of protecting public funds from misappropriation, and it is
inconsistent with the effectual and complete exercise of the Clerk’s authority as custodian of all county funds.”
166

The DCA decision concluded that the trial court’s ruling prohibiting post payment audits is inconsistent with
the Clerk’s statutory power to inspect and examine all county accounts at all times and with the Clerk’s
statutory duty to ensure all payments of county funds comply with applicable legal requirements. Post‐
payment audits to verify the legality of payments that have been made are necessary to effectively carry out
the Clerk’s duty to ensure that county funds are expended only as authorized by law. Verification of the
legality of payments already made – a process which tests the soundness of existing internal controls – is
directly related to ensuring that future payments are legal. To deny the Clerk the ability to conduct such post
payment audits would compromise the Clerk’s duty and power to guard against the illegal use of county funds.

The DCA stated that prior to signing any warrant for the payment of any claim, bill or indebtedness from
county funds, the Clerk is required to insure that the payment is lawful. Consequently, any auditing necessary
to insure the legality of the expenditure prior to payment is proper.

To read the complete DCA opinion visit CollierClerk.com “News Room.” Appeals Court Reaffirms Brock’s Role
as Auditor and Custodian of All County Funds, dated September 24, 2009.

November 25, 2009

For more information contact:

Robert D. St. Cyr, Director of Community Outreach
Clerk of the Circuit Court of Collier County
3301 Tamiami Trail East
Naples, Fl 34112
Telephone: (239) 252‐ 6879
Email: Robert.StCyr@collierclerk.com
Website: www.collierclerk.com
167
Ken Bell
Sent: Thursday, November 26, 2009 9:06 AM
Subject: FW: Admin Services Report
FYI

Date: Wed, 25 Nov 2009 14:58:22 -0600
From: kenbell@cphlaw.com
Please forward to the ECCSC members.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: RTPLH@aol.com [mailto:RTPLH@aol.com]
Sent: Wednesday, November 25, 2009 10:53 AM
To: billrosseccsc@live.com; Ken Bell
Cc: cjlewis0202@bellsouth.net; sharon_barnett@cox.net; eleatherwood1@cox.net; nross@escambia.k12.fl.us
Subject: Admin Services Report
Bill,
The Admin Services subcommittee met on November 18th and have the following to report:
The committee was tasked to review the following two items -

1) Study and make a recommendation on Council salary and the initial salary for the Mayor/ City Manager
2)Review the "Transition Provisions" in Article XIII of the draft charter and make recommendations.
168
In making a recommendation for the initial salaries, it was the intent of the committee to seek some method that would
minimize, or better still, eliminate having future compensation for council members and the Mayor/City Manager bogged
down by a political process. Our suggested solution would be something along the lines of the following.
a. The salary for the "Executive Mayor" in a Mayor- Council government should be 10% higher than that of the highest
paid Escambia County Constitutional Officer.
b. The salary for the "Professional Manager" in a Council-Manager form of government should be 10% higher than that of
the highest paid Escambia County Constitutional Officer.
c. The salary of Council members in either form of government should be equal to the salary of Escambia County School
Board members.
d. The salary of the "Elected Chief Executive" in the Council-Manager form of government should be 50% higher than that
of the Council.
The committee reviewed the "Transition Provisions" in Article XIII of the draft charter and had no recommendations for
changes or additions.
Submitted November 25, 2009
Rusty Tanner
Chairman
Administrative Services Subcommittee
Hotmail: Trusted email with powerful SPAM protection. Sign up now.
169
Ken Bell
From: Escambia Clerk [escambiaclerk5@yahoo.com]
Sent: Wednesday, November 25, 2009 8:09 PM
To: Ken Bell
Subject: Re: ECCSC work
You are most welcome. We wish you and yours a blessed Thanksgiving!

Lisa Bernau
Chief Deputy
Ernie Lee Magaha

From: Ken Bell <kenbell@cphlaw.com>
To: Lisa Bernau <lbernau@clerk.co.escambia.fl.us>
Cc: Patty .Sheldon <psheldon@escambiaclerk.com>
Sent: Wed, November 25, 2009 5:55:10 PM
Subject: RE: ECCSC work
Thanks, Lisa. I appreciate your attention to this. We will address these issues/concerns.

Have a great Thanksgiving!

To: Ken Bell
Cc: Patty .Sheldon

Please see the attached. Thanks for letting us share!
Lisa Bernau
Chief Deputy
Ernie Lee Magaha
850-595-4312
From: Ken Bell
To: lbernau@escambiaclerk.com
Subject: ECCSC work

Lisa:

Thank you for your comments and input last night!
170

Please call me when you have the chance. My direct line is 208‐7025.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com


171
Ken Bell
From: Ken Bell
To: 'Lisa Bernau'
Cc: Patty .Sheldon
Subject: RE: ECCSC work
Thanks, Lisa. I appreciate your attention to this. We will address these issues/concerns.

Have a great Thanksgiving!

To: Ken Bell
Cc: Patty .Sheldon

Lisa Bernau
Chief Deputy
Ernie Lee Magaha
850-595-4312
From: Ken Bell
Subject: ECCSC work
Lisa:



Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
172
Ken Bell
From: Ken Bell
To: Janet Lander Esq. (janet@janetlanderlaw.com); Ed Fleming (epfleming@pensacolalaw.com)
Cc: Bill and Carol Ross (billrosseccsc@live.com)
Subject: FW: ECCSC work: Clerk of Circuit Court
Attachments: Eccscconcerns.N25.doc
Janet and Ed:

Here are the concerns the Clerk’s counsel has expressed (a summation of her comments at the last Commission
meeting). We need to address these at our next Draft Committee meeting. I may also bring them up at the 12/8
Commission meeting.

To: Ken Bell
Cc: Patty .Sheldon

Lisa Bernau
Chief Deputy
Ernie Lee Magaha
850-595-4312
From: Ken Bell
Subject: ECCSC work
Lisa:



Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
173
Ken Bell
From: Lisa Bernau [lbernau@clerk.co.escambia.fl.us]
To: Ken Bell
Cc: Patty .Sheldon
Attachments: Eccscconcerns.N25.doc

Lisa Bernau
Chief Deputy
Ernie Lee Magaha
850-595-4312
From: Ken Bell
Subject: ECCSC work
Lisa:



Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
174
Ken Bell
From: Ken Bell
To: bill ross
Please forward to the ECCSC members.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: RTPLH@aol.com [mailto:RTPLH@aol.com]
Cc: cjlewis0202@bellsouth.net; sharon_barnett@cox.net; eleatherwood1@cox.net; nross@escambia.k12.fl.us
Bill,

1) Study and make a recommendation on Council salary and the initial salary for the Mayor/ City
Manager
In making a recommendation for the initial salaries, it was the intent of the committee to seek some
method that would minimize, or better still, eliminate having future compensation for council members
and the Mayor/City Manager bogged down by a political process. Our suggested solution would be
something along the lines of the following.
a. The salary for the "Executive Mayor" in a Mayor- Council government should be 10% higher than
that of the highest paid Escambia County Constitutional Officer.
b. The salary for the "Professional Manager" in a Council-Manager form of government should be
10% higher than that of the highest paid Escambia County Constitutional Officer.
c. The salary of Council members in either form of government should be equal to the salary of
Escambia County School Board members.
d. The salary of the "Elected Chief Executive" in the Council-Manager form of government should be
50% higher than that of the Council.
The committee reviewed the "Transition Provisions" in Article XIII of the draft charter and had no
recommendations for changes or additions.
175
Rusty Tanner
Chairman
176
Ken Bell
To: gemckenzie@yahoo.com
Cc: Ken Bell
Subject: Fw: Charter language-Paragraph 2
Gerald,
When I get a draft back from Roger I will forward it to you.We will discuss your review in the Sunshine either during a
Subcommittee meeting or the ECCSC meeting..
Janet
From: Janet Lander
To: rmerriam@municode.com
Subject: Charter language
Mr. Merriam,
The Escambia County Consolidation Study Commission needs your assistance on two matters:
1. Development of language for a preamble for the Charter . The ECCSC has a mission statement that I can provide to
you if you think it would be appropriate to include a succinct summary of these fundamental principles in a preamble.
2. We need your assistance in the drafting of substantive language that ensures that under consolidated government,
minorities will be given a fair and meaningful opportunity to compete with non-minority contractors for public contracts, as
well as some sort of general committment on the part of the consolidated government to actively promote equal
opportunty for its minority citizens.
Please call me at 850 475-7050 if you would like more input or if you want to discuss these matters further. I understand
that your services will be billed to the ECCSC at $90.00 per hour. I have been authorized by Justice Ken Bell, Chairman
of the ECCSC, to request your assistance.
Please furnish a copy of all work product to me with a copy to Justice Bell at kenbell@cphlaw.com.
I look forward to working with you.

Janet Lander
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
177
Ken Bell
Subject: FW: consolidation exec committee to meet
Attachments: Execcomm01.doc
You are noticed.
Windows 7: I wanted simpler, now it's simpler. I'm a rock star.
178
Ken Bell
From: RTPLH@aol.com
Cc: cjlewis0202@bellsouth.net; sharon_barnett@cox.net; eleatherwood1@cox.net;
nross@escambia.k12.fl.us
Bill,

1) Study and make a recommendation on Council salary and the initial salary for the Mayor/ City
Manager
In making a recommendation for the initial salaries, it was the intent of the committee to seek some
method that would minimize, or better still, eliminate having future compensation for council members
and the Mayor/City Manager bogged down by a political process. Our suggested solution would be
something along the lines of the following.
a. The salary for the "Executive Mayor" in a Mayor- Council government should be 10% higher than
that of the highest paid Escambia County Constitutional Officer.
b. The salary for the "Professional Manager" in a Council-Manager form of government should be
10% higher than that of the highest paid Escambia County Constitutional Officer.
c. The salary of Council members in either form of government should be equal to the salary of
Escambia County School Board members.
d. The salary of the "Elected Chief Executive" in the Council-Manager form of government should be
50% higher than that of the Council.
The committee reviewed the "Transition Provisions" in Article XIII of the draft charter and had no
recommendations for changes or additions.
Rusty Tanner
Chairman
179
Ken Bell
To: Jules Kariher; Dennis Taylor, CEO; Susan Turner, M.D.; Michael Rieshera, M.D.
Cc: Ken Bell
Subject: Special Advisory Committee for Health Care
Health Care in NW Florida is a major contributor to the quality of life we enjoy.

And,as an employer, it is the largest non-government industry. Chairman Ken Bell has asked that you
meet one more time to share your expertise with the Consolidated Study Commission. That meeting is
scheduled Wednesday, 12/2/09, at 8:30 AM, at Sacred Heart Administration. Your contact for details is
Jules Kariher 850-206-9495.
We need your input on two questions:

1. Would a consolidated government help health care in anyway? Be specific.
2. Would a consolidated government hender health care in anyway? Be specific.
We thank you for your service. As Executive Director, I feel deeply indebted to the commission for their
hard work and contribution to our knowledge about our government opportunities. You all play a key role.
Again we thank you and wish you a Happy Thanksgiving!
Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now.
180
Ken Bell
Sent: Tuesday, November 24, 2009 12:10 PM
Cunningham; John Gormley; John Peacock Jr. ; John Peacock, Jr.; John Veasley; Ken Bell;
LuTimothy May; Michael Hardin; Norm Ross; Richard Stone ; Rick Finch; Rick Harper; Rusty
Tanner; Sharon Barnett; Steve Moorhead; Tim Common
Subject: NOVEMBER 10 MEETING MINUTES
Attachments: Minutes_ECCSC_November_10_2009_FINALDRAFT.doc
Commission Members,
The November 10 meeting minutes are forwarded for your review. As a reminder, the next meeting will be on
December 8 at 5:30 in the J.E. Hall Center.
S/F,
CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

181
Ken Bell
From: Ken Bell
To: bill ross; Rick Harper; CJ Lewis; Janet Lander
Subject: RE: Delivery Status Notification (Failure)
As Chair, I would like the Draft committee to consider and report on whether or not the Charter should contain a
provision authorizing Community Advisory Boards (similar to the Village Advisory Boards in the Orange County Charter).

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Subject: FW: Delivery Status Notification (Failure)
For the Executive Committee and Keith Goldschmidt:

For your use as you plan our final report.Happy Thanksgiving to all!

Date: Mon, 23 Nov 2009 13:45:07 -0500
From: Suzanne.Hedgecock@gray-robinson.com
CC: Tom.Wilkes@gray-robinson.com
Mr. Ross:
Per your request, attached is the Orange County Charter Review Commission 2004 Final Report.
Suzanne Hedgecock
Secretary to Tom Wilkes, Heather Ramos & Stephanie Cross
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
182
GRAY | ROBINSON
ATTORNEYS AT LAW
relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

To: Suzanne Hedgecock
Sorry, you know now that my typing skills are limited, Bill
From: postmaster@mail.hotmail.com
Date: Mon, 23 Nov 2009 08:20:37 -0800
Subject: Delivery Status Notification (Failure)
This is an automatically generated Delivery Status Notification.
Delivery to the following recipients failed.
suzanne.hedgecock@gray-robinsin.com
--Forwarded Message Attachment--

From: billrosseccsc@live.com
To: suzanne.hedgecock@gray-robinsin.com
CC: kenbell@cphlaw.com; kgoldschmidt@uwf.edu
Subject: 2003-2004 Orange County CRC Final Repot
Date: Mon, 23 Nov 2009 10:19:16 -0600
183
Suzanne, my name is Bill Ross. I serve as Executive Director for Ken Bell, Chairman, Escambia
County Colsolidation Study Commission. We look forward to working with you and Tom Wilkes.
We are in the process of drafting our Final Report. It would be most helpful if you could send us a
copy of your 2003-2004 Final report. Plase send it electronically to my email if possible. If not,
please send a hard copy to:
Bill Ross
102 Seamarge Circle
Pensacola, FL 32507
Many thanks for your assistance. Please let me know if I can do anything for you all.
Windows 7: It works the way you want. Learn more.
184
Ken Bell
Attachments: 990000001-990[2009-11-23 13-40-22].pdf
For the Executive Committee and Keith Goldschmidt:

For your use as you plan our final report.Happy Thanksgiving to all!

Date: Mon, 23 Nov 2009 13:45:07 -0500
From: Suzanne.Hedgecock@gray-robinson.com
CC: Tom.Wilkes@gray-robinson.com
Mr. Ross:
Per your request, attached is the Orange County Charter Review Commission 2004 Final Report.
Suzanne Hedgecock
Secretary to Tom Wilkes, Heather Ramos & Stephanie Cross
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
GRAY | ROBINSON
ATTORNEYS AT LAW
relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

To: Suzanne Hedgecock
Sorry, you know now that my typing skills are limited, Bill
185
From: postmaster@mail.hotmail.com
Date: Mon, 23 Nov 2009 08:20:37 -0800
Subject: Delivery Status Notification (Failure)
This is an automatically generated Delivery Status Notification.
Delivery to the following recipients failed.
suzanne.hedgecock@gray-robinsin.com
--Forwarded Message Attachment--

To: suzanne.hedgecock@gray-robinsin.com
CC: kenbell@cphlaw.com; kgoldschmidt@uwf.edu
Subject: 2003-2004 Orange County CRC Final Repot
Date: Mon, 23 Nov 2009 10:19:16 -0600
Suzanne, my name is Bill Ross. I serve as Executive Director for Ken Bell, Chairman, Escambia
County Colsolidation Study Commission. We look forward to working with you and Tom Wilkes.
We are in the process of drafting our Final Report. It would be most helpful if you could send us a
copy of your 2003-2004 Final report. Plase send it electronically to my email if possible. If not,
please send a hard copy to:
Bill Ross
102 Seamarge Circle
Pensacola, FL 32507
Many thanks for your assistance. Please let me know if I can do anything for you all.
186
187
Ken Bell
To: Ken Bell
Subject: Fw: Charter language
This is what I sent to Roger. I still have not had any reponse to this or to the emails I previously sent to Dan Kleman and
Wayne Peacock. I will forward a copy to Mr. Langford at info@municode.com to make sure Roger got it. I found the
response in the back-up for the ECCSC meeting of 8/11/09.
From: Janet Lander
To: rmerriam@municode.com
Subject: Charter language
Mr. Merriam,
The Escambia County Consolidation Study Commission needs your assistance on two matters:
1. Development of language for a preamble for the Charter . The ECCSC has a mission statement that I can provide to
you if you think it would be appropriate to include a succinct summary of these fundamental principles in a preamble.
2. We need your assistance in the drafting of substantive language that ensures that under consolidated government,
minorities will be given a fair and meaningful opportunity to compete with non-minority contractors for public contracts, as
well as some sort of general committment on the part of the consolidated government to actively promote equal
opportunty for its minority citizens.
Please call me at 850 475-7050 if you would like more input or if you want to discuss these matters further. I understand
that your services will be billed to the ECCSC at $90.00 per hour. I have been authorized by Justice Ken Bell, Chairman
of the ECCSC, to request your assistance.
Please furnish a copy of all work product to me with a copy to Justice Bell at kenbell@cphlaw.com.
I look forward to working with you.

Janet Lander
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
188
Ken Bell
Sent: Sunday, November 22, 2009 10:32 AM
To: bill ross
Subject: Meeting Notice.Dec 10th.docx
Attachments: Meeting Notice.Dec 10th.docx
Bill,
Please post the attached notice on the website.

Also, if you can, on Dec. 10th, please post a copy of the notice in the lobby.
Have a Happy Thanksgiving!
Janet
189
Ken Bell
Cc: bill ross
Subject: Re: 12/1 Draft Committee Meeting
Attachments: AGENDA FOR DRAFTING SUBCOMMITTEE MEETING OF November 20.docx
I will send Bill the notice next week. I have attached the agenda for tomorrow's Drafting Subcommittee Meeting.
Janet
From: Ken Bell
To: Ken Bell ; Janet Lander ; Ed Fleming
Cc: bill ross
Subject: RE: 12/1 Draft Committee Meeting
Oops. If we do this, we need to assure we notice the Drafting Committee meeting for 12/10. I would put the time at 1
hour after the Executive Committee meeting.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: 'Janet Lander'; Ed Fleming
Cc: bill ross

That sounds good to me. I do not anticipate the Executive Committee meeting taking very long at all. I just want to
assure we are in one accord and on track as we approach the finish line.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

190
Cc: bill ross

Unless we have compelling business to address during the week of Nov. 30th, I am of a mind to set our December
meeting after the Executive Committee meets on the 10th of December.
We are meeting tomorrow at 3:30 and we can iron out the dates of future subcommittee meetings at that time.
Meanwhile, Bill, if the December 1st Drafting Subcommitteee meeting was already noticed, please cancel it.
Thanks,
Janet
From: Ken Bell
Cc: bill ross
Subject: 12/1 Draft Committee Meeting
I just found out I will be in D.C. 12/1‐12/2.
I can meet in the afternoon on 11/30, 12/3 or 4. Or, you guys can meet without me on the 1st. Let me know so we can
properly re‐notice if necessary.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
191
Ken Bell
From: Ken Bell
To: Ken Bell; Janet Lander; Ed Fleming
Cc: bill ross
Oops. If we do this, we need to assure we notice the Drafting Committee meeting for 12/10. I would put the time at 1
hour after the Executive Committee meeting.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: 'Janet Lander'; Ed Fleming
Cc: bill ross


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Cc: bill ross

Thanks,
192
Janet
From: Ken Bell
Cc: bill ross

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
193
Ken Bell
From: Ken Bell
Cc: bill ross

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Cc: bill ross

Thanks,
Janet
From: Ken Bell
Cc: bill ross

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
194
195
Ken Bell
Cc: bill ross
Thanks,
Janet
From: Ken Bell
Cc: bill ross

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
196
Ken Bell
To: Ken Bell
Subject: Re: Jville Charter
Thanks so much. Now I can get to work on the Utilities Authority!

From: Ken Bell
To: Janet Lander
Subject: Jville Charter
Janet:

Here is the entire Jville Charter in Word format. If you cannot cut and paste Article 21 and need me to send it
separately, I can do so. The only thing you will have to do is delete the statutory reference.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
197
Ken Bell
Subject: Out of pocket
Unfortunately, I must close down my email site until Monday. If you have any critical issues, don't hesitate
to call me at home 850-455-6685. I will be avaiable by phone. Bill
198
Ken Bell
From: Ken Bell
To: Janet Lander
Subject: Jville Charter
Attachments: Jacksonville Charter (A0561383).DOC
Janet:

Here is the entire Jville Charter in Word format. If you cannot cut and paste Article 21 and need me to send it
separately, I can do so. The only thing you will have to do is delete the statutory reference.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

199
Ken Bell
From: Ken Bell
To: Janet Lander
Subject: RE: MuniCode: Administrative Matters
I think it is rmerriam@municode.com. If that does not work, call Municode and ask.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Subject: Re: MuniCode: Administrative Matters

May I have Roger's email address?
From: Ken Bell
To: Janet Lander
Subject: FW: MuniCode: Administrative Matters
Here is a copy of my 8/13 email to you. Does this suffice?

The access info: janetlanderesscc@live.org. password: landerlaw

The contact: Roger Merriam.

The cost: $90.00 per hour for Roger.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
Sent: Thursday, August 13, 2009 4:22 PM
200
To: 'Janet Lander, Esq.'
Cc: Bill Ross
Subject: MuniCode: Administrative Matters

Pursuant to the Commission’s vote on Tuesday, I have executed the contract with MuniCode. You have a copy of the
proposal in your meeting materials. Roger Merriam will be your contact person.

I have just spoken with Bill Sweeney and Lawton Langford of MuniCode to confirm three administrative matters:

1) As the contract defines, Roger will essentially be a research assistant for the Commission. But, to avoid
confusion, I have told MuniCode that you (as Chair of the Draft Committee) will be the sole if not exclusive
contact person with Roger for the MuniCode services. Roger’s social skill may not be the best, but he has
encyclopedic knowledge of city and county codes and should be a great resource.
2) Lawton Langford told me that for a $200 annual premium, we can obtain full user access to the MuniCode
search engine. This will be invaluable for the Draft Committee’s work. I did not have time to establish and pay
for this service today. It is done on line. If you wish, you may go ahead and establish this service. I will assure
that you are reimbursed upon your request. This is a legitimate, essential Commission expense. It will allow
you to do word searches in numerous codes and other necessary searches.
3) Once the password for this premium service is established, Lawton Langford (the MuniCode President)
authorized us to share the password with all Commission members (and our Executive Director) so that they
may search the site for Commission work. So, if you establish a password, please pass it on to the Exec.
Director so that he may pass it on to the other Commission members. I suggest we use “eccsc” as the pith of
the password (if it or some variation works).

I would have set up and paid for this service myself, but I am heading out of town tomorrow for vacation and will not
have time beforehand. I thought you and the other Commission members could utilize this service ASAP and did not
want to delay its availability.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
201
Ken Bell
To: Ken Bell
Subject: Re: MuniCode: Administrative Matters
May I have Roger's email address?

From: Ken Bell
To: Janet Lander




Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
Cc: Bill Ross



that you are reimbursed upon your request. This is a legitimate, essential Commission expense. It will allow
you to do word searches in numerous codes and other necessary searches.
202
may search the site for Commission work. So, if you establish a password, please pass it on to the Exec.
Director so that he may pass it on to the other Commission members. I suggest we use “eccsc” as the pith of
the password (if it or some variation works).


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
203
Ken Bell
From: Ken Bell
To: news@northescambia.com
Subject: FW: Escambia County Consolidation Study Commission - Status Report dated November,
2009
There was a minor typo in what I sent yesterday.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Linda Davis
To: Ken Bell; billrosseccsc@live.com
Subject: RE: Escambia County Consolidation Study Commission - Status Report dated November, 2009
Attached is the Status Report with substituted section and addendums.

Linda Davis
Scott A. Remington and Megan Fortson
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

From: Ken Bell
To: Linda Davis
Subject: FW: Escambia County Consolidation Study Commission - Status Report dated November, 2009
204
Please substitute this, add the addendums and send as a new pdf to Bill Ross and me.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: 'bill ross'; Timothy Parson
Here is the revised first part of the report (before the attachments). Sorry for the error. Bill, when you get well, please
see that the correct entire report I send you in pdf is distributed to the City, County, Town of Century, ECCSC, media and
put on the website.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Timothy Parson
Cc: Ken Bell
Tim, sorry to be so slow in responding but yesterday came down with a serious toothache, ended up in
two dentist offices and have a root canal scheduled for 11:30AM today.
By copy to Ken, I am asking him to correct the report and forward to you.
As to the Commission Minutes, you can obtain copies of all on our website at www.eccsc.org.
Sorry to bail out but I'm out of time.
Date: Tue, 17 Nov 2009 14:25:59 -0500
205
From: Timothy.Parson@myfloridahouse.gov
Bill,

Thank you for providing an advance copy of the status report. I did notice an error on the Conclusion on pg. 5 where it
states that:

The Commission looks forward to presenting its consolidation plan (or recommendation regarding unification of
administrative services) and its report on or before January 15, 2005.

If this can be corrected to reflect the accurate deadline (January 15, 2009), I can place the revision in the member’s
packets before the meeting.

Also, can you please re‐send the Commission’s minutes and other materials that you have forwarded to the four
interested public bodies, as our office has not received any of these materials.

Thanks for your help on this and I look forward to hearing from the Study Commission at the delegation meeting
tomorrow night.

Timothy L. Parson
Legislative Assistant
Representative Greg Evers
District 1
850-983-5550 (District)
850-488-8188 (Tallahassee)

Sent: Friday, November 13, 2009 3:49 PM
To: Shirley Gafford; Parson, Timothy
This is a copy of Ken Bell's report in case you want to distribute in advance to the Commissioners and
Legislative Delegation. Again we thank you both for your support and hope you have a great weekend, Bill
Date: Fri, 13 Nov 2009 14:55:22 -0600
From: Linda Davis

To: ACoby@ci.pensacola.fl.us
Cc: nross@escambia.k12.fl.us; Ken Bell
Subject: Escambia County Consolidation Study Commission - Status Report dated November, 2009
Pursuant to Ken Bell's instructions, attached is a revised Escambia County Consolidation Study
Commission Status Report dated November, 2009.
206
Linda Davis
Kenneth B. Bell, Scott A. Remington and Megan E. Fortson
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
207
Ken Bell
From: Ken Bell
To: Al Coby
2009
There was one typo.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Linda Davis

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

From: Ken Bell
To: Linda Davis
208

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
put on the website.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Timothy Parson
Cc: Ken Bell
Date: Tue, 17 Nov 2009 14:25:59 -0500
209
Bill,

states that:




tomorrow night.

Timothy L. Parson
District 1
850-983-5550 (District)

Date: Fri, 13 Nov 2009 14:55:22 -0600
From: Linda Davis

210
Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
211
Ken Bell
From: Ken Bell
To: Timothy Parson
Cc: bill ross
2009
Here is it all in pdf.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Linda Davis

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

From: Ken Bell
To: Linda Davis
212

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
put on the website.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Timothy Parson
Cc: Ken Bell
213
Date: Tue, 17 Nov 2009 14:25:59 -0500
Bill,

states that:




tomorrow night.

Timothy L. Parson
District 1
850-983-5550 (District)

Date: Fri, 13 Nov 2009 14:55:22 -0600
From: Linda Davis

214
Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
215
Ken Bell
From: Ken Bell
To: Janet Lander




Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
Cc: Bill Ross



that you are reimbursed upon your request. This is a legitimate, essential Commission expense. It will allow you
to do word searches in numerous codes and other necessary searches.
may search the site for Commission work. So, if you establish a password, please pass it on to the Exec. Director
so that he may pass it on to the other Commission members. I suggest we use “eccsc” as the pith of the
password (if it or some variation works).

216

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
217
Ken Bell
To: Ken Bell
Subject: Re: clerical assistance with the charter
It is all of Article 21, JEA, of the Jacksonville Charter. Since I have your copy, I will scan it to you as an e mail
attachment.
Thanks,
Janet
From: Ken Bell
To: Janet Lander
Cc: bill ross
Subject: RE: clerical assistance with the charter
Send me the language and I will see if one of our secretaries can get it done today.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: martylou@cox.net
Cc: Ken Bell; bill ross
Subject: clerical assistance with the charter
Mr. Silverwood,
Your name was given to me by Bill Ross, Executive Director for the Escambia County Consolidation Study
Commission. If you are still willingly to volunteer your services, the Drafting Subcommitteee is in need of assistance in
word processing. Please let me know if you would like to help out and I will send you the language that needs to be
made into a "Word" document..
Janet Lander, Chair/Sec'y ECCSC Drafting Subcommittee
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
218
Ken Bell
From: Ken Bell
To: Janet Lander
Cc: bill ross
Subject: RE: clerical assistance with the charter
Send me the language and I will see if one of our secretaries can get it done today.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Mr. Silverwood,
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
219
Ken Bell
Mr. Silverwood,
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
220
Ken Bell
To: Ken Bell
Subject: Fw: Municode contact info
Justice Bell,
If you have the response to the proposal, please email it to me.Actually, I'm just trying to locate my municode contact
info. I thought it would be there.
Thanks,
Janet
From: bill ross
To: Janet Lander
Subject: RE: Municode contact info
Janet, I found my copy of the 8/11/09 full commission meeting and there is no reference to municode. If
my memory is correct, the Proposal Ranking Committee met and selected
Municode as only bidder. I went back to the Commission Minutes for 8/11/09 and found no reference to
the award. I still believe that there was a letter proposal from municode and believe Ken must have it.
Subject: Re: Municode contact info
Date: Tue, 17 Nov 2009 12:57:45 -0600
Bill,
I think that the letter of Response to the RFP with all the municode contact info was part of the agenda back-up for the
ECCSC meeting of August 11th. I cannot find my copy. Can you check to see if you have it?
Thanks,
Janet
From: bill ross
To: Janet Lander
Subject: RE: Municode contact info
Janet, I have searched through all relative email files and don't find any municode info. I also look for the
minutes from the Proposal Ranking Committee and no minutes were ever posted. I suggest you contact
Ken Bell's secretary to see if she has the response to the RFP. If I ever had it, I would have given to Ken.
I maintain no correspondence files.
221
Subject: Municode contact info
Date: Mon, 16 Nov 2009 09:24:01 -0600
Good morning Bill,
I can't find my municode contact names and numbers. Can you send me the letterthe ECCSC received from the RFP for
legal/consulting work so that I can follow through on one of Judge Bell's requests?
Thanks,
Janet
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
222
Ken Bell
From: Linda Davis
Subject: RE: Escambia County Consolidation Study Commission - Status Report dated November,
2009

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

From: Ken Bell
To: Linda Davis

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
223
put on the website.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Timothy Parson
Cc: Ken Bell
Date: Tue, 17 Nov 2009 14:25:59 -0500
Bill,

states that:




224
tomorrow night.

Timothy L. Parson
District 1
850-983-5550 (District)

Date: Fri, 13 Nov 2009 14:55:22 -0600
From: Linda Davis

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
225
226
Ken Bell
Subject: FW: SALARY INFORMATION
Attachments: Salaries of Elected County Constitutional Officers Fiscal Year 2009-10.pdf
FYI
Subject: SALARY INFORMATION
Date: Wed, 18 Nov 2009 09:44:24 -0600
Bill. Please forward to the Commission. Thanks, CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617
227
Ken Bell
To: Raad Cawthon; CJ Lewis
Cc: Ken Bell; Rick Harper; Janet Lander; Keith Goldschmidt
Subject: Executive Committee mtg 12/10/2009
Attachments: ExecComm1.rtf
Please process, Bill
228
Ken Bell
From: NorthEscambia.com [news@northescambia.com]
To: Ken Bell
Subject: Re: NorthEscambia.com
>
> Here it is.

Thank you!

Thanks,
William Reynolds
NorthEscambia.com
news@northescambia.com
229
Ken Bell
From: Ken Bell
To: Janet Lander; bill ross
Subject: RE: Drafting the Charter
Bill and Janet:
If Judy cannot help, I had sent an email around a couple of weeks ago from a legal secretary offering to help.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: bill ross
Cc: Ken Bell
Subject: Drafting the Charter
Importance: High
Bill,
I am in the process of drafting a charter provsion creating the Utilities Authority. Would it be possible for you to assign
Judy Burnes to type Article 21 of the Jacsonsonville-Duval Charter, save it as a word document, and email it to me so that
I can edit it and include it in the draft charter? Please tell her that she does not have to include the statutory references at
the bottom of each section.
Thanks,
Janet
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
230
Ken Bell
From: Ken Bell
To: news@northescambia.com
Subject: RE: NorthEscambia.com
Attachments: StatusReportNovember.pdf
Bill:

Here it is.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

NOTICE: This e‐mail message and any attachments are private communication sent by the law
firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally
privileged information meant solely for the intended recipient. If you are not the intended
recipient, you are hereby notified that any use, dissemination, distribution, or copying of
this communication is strictly prohibited. Please notify the sender immediately by replying
to this message, and delete the e‐mail and any attachments from your system. Thank you.

From: NorthEscambia.com [mailto:news@northescambia.com]
To: Ken Bell
Subject: NorthEscambia.com


Thanks,
William Reynolds
NorthEscambia.com
850.327.6699
231
Ken Bell
To: bill ross
Cc: Ken Bell
Subject: Drafting the Charter
Importance: High
Bill,
I am in the process of drafting a charter provsion creating the Utilities Authority. Would it be possible for you to assign
Judy Burnes to type Article 21 of the Jacsonsonville-Duval Charter, save it as a word document, and email it to me so that
I can edit it and include it in the draft charter? Please tell her that she does not have to include the statutory references at
the bottom of each section.
Thanks,
Janet
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
232
Ken Bell
From: Ken Bell
Tom:

Fantastic! I will have my executive director, Bill Ross, begin coordinating with Suzanne. We will await making a final
decision until after 12/10. As soon as you can, let me know you are coming and we will “ramp things up.”

I cannot tell you how pleased I am about your involvement. You can provide great insight to our community! I look
forward to seeing you in January.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

Justice Bell -
I would be honored and delighted to be there on January 5th. My only caveat is that I do a considerable amount
of work for the Orange and Seminole Property Appraisers, and this is the "season" for Value Adjustment Board
hearings. So far, I do not have any hearings scheduled for that week, but that could change. If it does not
change, I will gladly be there. Generally, the hearings are required procedurally to be set and noticed 25 days in
advance, so I should know with some certainty (altho not 100%) by about December 10 whether I will have a
hearing that week. If you can sign me up "tentatively", please do it.
I would think that arriving Monday afternoon, Jan. 4, might be preferable. As I recall, there is a morning flight
from Orlando to Pensacola, but if it got delayed things could be messy. My assistant is Suzanne Hedgecock,
and her email is above. If you will have your executive director contact her, she will coordinate.
I will also be pleased to meet with whomever would be helpful to your efforts, whether the Pensacola News
Journal ed board or consolidation supporters or otherwise. Please feel free to schedule whatever meetings
would suit your purposes, once we know the flight schedule.
233
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW

Tom:

Again, thanks so much for you offer to assist our efforts! I understand that Janet Lander has placed a call in to
you in response to our discussion last week. I am so excited about how much you can help us in drafting our
plan!

I want to throw something out to you. Would you be willing to come to Pensacola on January 5th primarily to
participate in the Commission’s afternoon session? The Commission’s calendar is attached. On 1/5, we will
have an afternoon session to cover the proposed consolidation plan (and probably the Commission’s report).
My thought is that you could use an hour or so to present your experience in Orlando and segway into you’re a
discussion on our proposed plan. By this time, the Commission will have voted on all of the major issues re
consolidation/unification; and, you and Janet (and the Draft Committee) will have ironed out the draft plan. You
would be a vital source to answer whatever final questions the Commissioners may have.

Equally important, this meeting will be videoed by UWF and posted to the Commission’s website. This will allow
the public to view our final, key discussion of the plan. Having you present and presenting will provide a much
needed discussion on what the Commission is proposing and what the anticipated impact would be on our
community’s future.

Additionally, we might consider scheduling a discussion with the media (especially the PNJ’s editorial board) so
that you could provide input on the impact the charter change had in Orange County and your thoughts on what
the Commission’s plan might have on Escambia/Pensacola. I have kept the Commission’s work free of such
media discussion so far, but this might be the right time to build up to the final presentation to the legislative
delegation on or before 1/15.

If you can come, we would pay both your expenses of travel and a reasonable per diem. We have money in the
budget for expert advice. Having you come would be invaluable and well‐worth the time. Though you may
charge more, I think if you asked for a $3,000‐$3,500 or so fee plus reimbursed travel expense, that this would
234
be money well spent. Whether you flew up and back the same day or stayed the night before or after would be
up to you. If you stayed a night, I could also arrange a non‐Commission dinner with key supporters that got the
special act passed (and have contributed to the Commission’s work). At this dinner, you could answer whatever
questions these supporters might have and invigorate them on the possibilities for change.

Just let me know! If you this works for you, I will have our volunteer executive director contact your assistant to
help make arrangements.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
235
Ken Bell
To: Ken Bell
Subject: RE: Status Update: esp. re Tom Wilkes
Nice catch. He went to a good school too (USNA). It might be useful if you ask him to send up a copy of the
2003-2004 Orange County CRC Final Report. It could provide a good model.

To: C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed Fleming; Enoch Leatherwood; Gary
Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown; Jimmy Cunningham; John Gormley; John Peacock; Judy
Burns; Michael Hardin; Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley;
Sharon Barnett; Stephen Moorehead; Tim Common
Cc: bill ross
Subject: Status Update: esp. re Tom Wilkes

Dear fellow ECCGSC members:

I hope you all had a great weekend! At least two of our committees will be having important meetings this week. Keep
up the great work.

As we rapidly approach completing our “seeing the picture” of a unified or consolidated government, I wanted to
encourage you all with some fantastic news! You all remember how much we benefitted from Dan Kleman’s
presentation based on his long‐term administrative experience. Well, we have similar great news on the legal/plan
drafting front.

Serendipitously (Providentially!), a partner of Thomas J. Wilkes and I crossed paths two weeks ago. As a result, Tom and
I had a wonderful telephone conversation last week. Tom loves Pensacola!!! He served here while in the Navy and says
he would have returned if not a native of Orange County. And, he agrees with many, that it is “a shame that Pensacola
has yet to recognize its potential.”

I have pasted Tom’s biographical information below. As you see, Tom is currently a senior partner with Gray Ronbinson,
a statewide firm. Tom is an well‐respected expert in local government, land use, public finance and transportation law.
In 1986 and 1988, Tom served on the Orange County Charter Review Commission. The changes that Commission
recommended were approved by the voters. Tom was on the transition team and then returned to serve as the re‐
invigorated county government’s attorney for twelve years. Most recently, Tom chaired the 2003‐2004 Orange County
Charter Review Commission. Tom’s expertise in all aspects of local government law will be indispensable in helping the
Commission succeed in drafting the best plan possible.

Bottom‐line: Tom loves Pensacola, is a recognized expert in local government law, has served on a Charter Review
Commission, and has agreed to help Janet Lander prepare the Charter pro bono.

While Janet will work with Tom on the charter drafting, I am sure that Tom would be more than willing to discuss any
questions the chairs of the other committees still laboring may have of Tom. So, those chairs should feel free to call him
if you need his input to do your work. The same is true of Dan Kleman. And, if the Commission so desire, I could try to
get him up here at our first meeting in January to discuss the draft. In fact, I think I will go ahead a work on trying to
arrange to have him come.

We are right on track to complete our work! It has been an honor to co‐labor with you all! I am excited about our work!
236

Have a great Thanksgiving! We have so much to be thankful for! See you all on Dec. 8th!

Ken Bell

Here is Tom’s bio (note: he served under Mayor Rich Crotty‐ the husband of the expert the City used):
EXPERIENCE:
Tom served on the 1986 and 1988 charter commissions that resulted in sweeping changes to the form of government
for Orange County, including the creation of the county office known as the Orange County Mayor. In 1990, the first
county mayor, Linda Chapin, asked Tom to serve as her county attorney. He accepted and stayed in the position for
twelve years, serving under three county mayors (Mayors Chapin, Mel Martinez and Rich Crotty) and gaining a
reputation statewide for his expertise in all areas of local government law. In 2001, his leadership resulted in the County
Attorney's Office being given the ABA's Jefferson Fordham Award for government law‐office accomplishment ‐ a
recognition that the office was perhaps the top government law office in the nation.
Upon leaving the county in 2002, Tom rejoined GrayRobinson as a Partner. He specializes in all aspects of state and local
government law, such as land use, taxation and finance, utility law, constitutional law, administrative law and litigation
law. He is General Counsel to the Orange County Property Appraiser and the Orange County District and serves as Town
Attorney for the Towns of Windermere and Howey‐in‐the‐Hills. In 2003 and 2004, Tom was once again appointed to
serve on the Orange County Charter Review Commission and was elected by its members to serve as the Commission
Chairman.
BACKGROUND:
Tom is a native Floridian and nearly a life‐long resident of Orlando. He graduated from the United States Naval Academy
and served six years as a Navy pilot and flight instructor. Upon resigning his commission, he received a masters degree in
public administration from the University of West Florida and his J.D. from the University of Florida. He then served as
the primary assistant to founding partner J. Charles Gray, from 1978 to 1985 when Gray was the Orange County
Attorney.
EDUCATION:
• United States Naval Academy, Bachelor of Science (1969)
• University of West Florida, Master of Public Administration (1976)
• University of Florida, J.D. (1978)
PROFESSIONAL:
• The Florida Bar
o Local Government Law Section, Environmental and Land Use Law Section
• Judicial Nominating Commission, Ninth Judicial Circuit, Member, 1989‐1991
• National Lawyers Association
• Selected as Florida's Legal Elite by Florida TrendMagazine, 2006‐2008
• Best of the Bar, Orlando Business Journal, 2006
CIVIC:
• Florida Association of County Attorneys, Officer and Director
o President, 1997‐1998; Chair, 1998‐1999
237
• Orange County Charter Review Commission, Chairman, 2004
• Orange County Charter Review Commission, Member, 1988, 2004
• Orange County Citizens Charter Committee, Chairman, 1986
• Coalition for the Homeless, Member, Board of Directors, 2002‐Current
• Mayor Buddy Dyer's Downtown Transition Strategic Task Force, Member, 2003
• Workforce Advantage Academy, Member, Board of Directors, 2003‐2004
• National Association of Christians and Jews, Director, 1993‐2000
• Central Florida Zoological Society, Inc., Director, 1986‐1987

238
Ken Bell
From: Al Coby [ACoby@ci.pensacola.fl.us]
To: Ken Bell
Subject: RE: ECCSC Status Report
Ken,
This is the last communication that I have. If you sent another draft of the Status Report, I did not receive.

Sent: Friday, November 13, 2009 11:58 AM
To: Al Coby

Yes the cover letter is fine. It is just the report that keeps getting adjusted due to us trying to get the 11/10 vote
accurately stated.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Al Coby [mailto:ACoby@ci.pensacola.fl.us]
To: Ken Bell

Same cover letter?

To: Al Coby
Cc: bill ross
Subject: ECCSC Status Report

Al:

Here is the report for you to distribute.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
239

240
Ken Bell
From: Ken Bell
To: 'bill ross'
Cc: C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed Fleming;
Subject: First Executive Committee Meeting
Bill:

I need you to coordinate and notice a meeting of the Executive Committee for sometime shortly after the 12/8
meeting. I prefer 12/10 from 3‐5, but we need to see what date works for everyone else.

The purpose of this meeting will be to:

(1) Meet with Mike and discuss the report writing. We need to assure we are all in agreement on the format, etc.
By this time, Mike should have at least a rough draft of where he intends to go and how it will look;
(2) Discuss what needs to be done to complete our tasks by Jan. 15; and,
(3) Any other matter that the committee and commission members deem important.

By 12/10, we should have voted on all major items related to the plan at the 12/8 meeting. The economic forecasting
committee may need more time, but its final reported items should not affect the structure of the plan itself.

Finally, our last extended ECCSC meeting is scheduled for January 5th, 2010 from 12‐5. I would like to invite Tom Wilkes
to appear and help walk us through the charter. This would be somewhat like what Dan Kleman did. It will provide all
Commission members the opportunity to ask Tom pertinent questions about the Charter and give Tom an opportunity
to share his experience with Orange County. He can also share his perspective on what impact our plan might have on
our community. I will email Tom today and give him a heads up that you will contact his assistant. If Tom can come, we
can use our donated funds to pay his travel expenses and a per diem for his time. Spending a few thousand dollars to fly
Tom up and present at our final long meeting should be a tremendous conclusion to the Commission’s labor. After this
meeting, we will be ready to put the final polishing touches on the plan and complete the report. At the last
Commission meeting, we will have a final vote on the plan and the report. Our work will essentially conclude with the
presentation to the Legislative Delegation on or before 1/15 (unless extended by the legislative delegation).

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

241
Ken Bell
From: Ken Bell
Cc: 'bill ross'
Subject: Status Update: esp. re Tom Wilkes
Dear fellow ECCGSC members:

I hope you all had a great weekend! At least two of our committees will be having important meetings this week. Keep
up the great work.

As we rapidly approach completing our “seeing the picture” of a unified or consolidated government, I wanted to
encourage you all with some fantastic news! You all remember how much we benefitted from Dan Kleman’s
presentation based on his long‐term administrative experience. Well, we have similar great news on the legal/plan
drafting front.

Serendipitously (Providentially!), a partner of Thomas J. Wilkes and I crossed paths two weeks ago. As a result, Tom and
I had a wonderful telephone conversation last week. Tom loves Pensacola!!! He served here while in the Navy and says
he would have returned if not a native of Orange County. And, he agrees with many, that it is “a shame that Pensacola
has yet to recognize its potential.”

I have pasted Tom’s biographical information below. As you see, Tom is currently a senior partner with Gray Ronbinson,
a statewide firm. Tom is an well‐respected expert in local government, land use, public finance and transportation law.
In 1986 and 1988, Tom served on the Orange County Charter Review Commission. The changes that Commission
recommended were approved by the voters. Tom was on the transition team and then returned to serve as the re‐
invigorated county government’s attorney for twelve years. Most recently, Tom chaired the 2003‐2004 Orange County
Charter Review Commission. Tom’s expertise in all aspects of local government law will be indispensable in helping the
Commission succeed in drafting the best plan possible.

Bottom‐line: Tom loves Pensacola, is a recognized expert in local government law, has served on a Charter Review
Commission, and has agreed to help Janet Lander prepare the Charter pro bono.

While Janet will work with Tom on the charter drafting, I am sure that Tom would be more than willing to discuss any
questions the chairs of the other committees still laboring may have of Tom. So, those chairs should feel free to call him
if you need his input to do your work. The same is true of Dan Kleman. And, if the Commission so desire, I could try to
get him up here at our first meeting in January to discuss the draft. In fact, I think I will go ahead a work on trying to
arrange to have him come.

We are right on track to complete our work! It has been an honor to co‐labor with you all! I am excited about our work!

Have a great Thanksgiving! We have so much to be thankful for! See you all on Dec. 8th!

Ken Bell

Here is Tom’s bio (note: he served under Mayor Rich Crotty‐ the husband of the expert the City used):
242
EXPERIENCE:
Tom served on the 1986 and 1988 charter commissions that resulted in sweeping changes to the form of government
for Orange County, including the creation of the county office known as the Orange County Mayor. In 1990, the first
county mayor, Linda Chapin, asked Tom to serve as her county attorney. He accepted and stayed in the position for
twelve years, serving under three county mayors (Mayors Chapin, Mel Martinez and Rich Crotty) and gaining a
reputation statewide for his expertise in all areas of local government law. In 2001, his leadership resulted in the County
Attorney's Office being given the ABA's Jefferson Fordham Award for government law‐office accomplishment ‐ a
recognition that the office was perhaps the top government law office in the nation.
Upon leaving the county in 2002, Tom rejoined GrayRobinson as a Partner. He specializes in all aspects of state and local
government law, such as land use, taxation and finance, utility law, constitutional law, administrative law and litigation
law. He is General Counsel to the Orange County Property Appraiser and the Orange County District and serves as Town
Attorney for the Towns of Windermere and Howey‐in‐the‐Hills. In 2003 and 2004, Tom was once again appointed to
serve on the Orange County Charter Review Commission and was elected by its members to serve as the Commission
Chairman.
BACKGROUND:
Tom is a native Floridian and nearly a life‐long resident of Orlando. He graduated from the United States Naval Academy
and served six years as a Navy pilot and flight instructor. Upon resigning his commission, he received a masters degree in
public administration from the University of West Florida and his J.D. from the University of Florida. He then served as
the primary assistant to founding partner J. Charles Gray, from 1978 to 1985 when Gray was the Orange County
Attorney.
EDUCATION:
• United States Naval Academy, Bachelor of Science (1969)
• University of West Florida, Master of Public Administration (1976)
• University of Florida, J.D. (1978)
PROFESSIONAL:
• The Florida Bar
o Local Government Law Section, Environmental and Land Use Law Section
• Judicial Nominating Commission, Ninth Judicial Circuit, Member, 1989‐1991
• National Lawyers Association
• Selected as Florida's Legal Elite by Florida TrendMagazine, 2006‐2008
• Best of the Bar, Orlando Business Journal, 2006
CIVIC:
• Florida Association of County Attorneys, Officer and Director
o President, 1997‐1998; Chair, 1998‐1999
• Orange County Charter Review Commission, Chairman, 2004
• Orange County Charter Review Commission, Member, 1988, 2004
• Orange County Citizens Charter Committee, Chairman, 1986
• Coalition for the Homeless, Member, Board of Directors, 2002‐Current
• Mayor Buddy Dyer's Downtown Transition Strategic Task Force, Member, 2003
• Workforce Advantage Academy, Member, Board of Directors, 2003‐2004
• National Association of Christians and Jews, Director, 1993‐2000
• Central Florida Zoological Society, Inc., Director, 1986‐1987
243

244
Ken Bell
2009
FYI
Date: Fri, 13 Nov 2009 14:55:22 -0600
From: Linda Davis

Linda Davis
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070
245
246
Ken Bell
From: Ken Bell
To: 'nross@escambia.k12.fl.us'
Subject: RE: Escambia County Consolidation Study Commission - Status Report dated November,
2009
Norm:

She was to have sent this to Bill Ross, not Norm Ross. So ignore. Thanks.

From: Linda Davis
To: nross@escambia.k12.fl.us
Cc: Ken Bell

Pursuant to Ken Bell's instructions, I am sending the attached status report to you again so that you may forward it to all of the
commission members.

Linda Davis
Scott A. Remington
Bond & Stackhouse
Pensacola, FL 32502
850-208-7070

247
Ken Bell
From: Ken Bell
To: Al Coby
Yes the cover letter is fine. It is just the report that keeps getting adjusted due to us trying to get the 11/10 vote
accurately stated.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell

Same cover letter?

To: Al Coby
Cc: bill ross

Al:


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

248
Ken Bell
To: Ken Bell
Same cover letter?

To: Al Coby
Cc: bill ross

Al:


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

249
Ken Bell
From: Ken Bell
To: 'Al Coby'
Cc: 'bill ross'
This is getting embarrassing. That’s what I get for trying to get out by luchtime. Our secretary has just sent me another
revision to the voting summary. I will incorporate and not send again until final!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: Al Coby
Cc: bill ross

Al:


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

250
Ken Bell
From: Ken Bell
To: Al Coby
Cc: bill ross
Attachments: NovemberStatusReport.pdf
Al:


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

251
Ken Bell
From: Judy Burns [judyburns@me.com]
To: Ken Bell; Lewis, Christopher J.
Cc: Judy Burns
Subject: Here is the voting summary document in PDF format
Attachments: Vote_Nov_10_to_CJ_for_Ken.pdf; ATT15167.txt
Ken and CJ,
I've attached the document in PDF which preserves the formatting from my computer but doesn't
allow editing at your end. Let me know if you need any further changes.

Judy

252
Ken Bell
From: Ken Bell
To: Al Coby
Subject: RE: ECCSC
I will send the revision soon. As for the Dec. 14 meeting, I will leave that up to your recommendation. I will gladly
appear and answer any questions.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Subject: RE: ECCSC

Ken,
Thank you. We will send this to City Council and post it on the City's web site along with distribution to the media.
Would you desire to appear before Committee of the Whole on December 14th to answer any questions Council might
have?
Al

To: Al Coby
Subject: ECCSC

Al:

I hope all is well.

Attached is are a cover letter to the City Council and the ECCSC’s status report that I was to deliver at next week’s
meeting that has since been cancelled.

If you or the Council have any questions, let me know.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
253

254
Ken Bell
From: Ken Bell
To: Al Coby
Subject: RE: ECCSC
Al:
I have a correction. I will send soon. Thanks.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Subject: RE: ECCSC

Ken,
have?
Al

To: Al Coby
Subject: ECCSC

Al:

I hope all is well.



Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
255

256
Ken Bell
To: Ken Bell
Subject: RE: ECCSC
Ken,
have?
Al

To: Al Coby
Subject: ECCSC

Al:

I hope all is well.



Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

257
Ken Bell
From: Ken Bell
To: 'C.J. Lewis'; 'Charles L. Scott, Sr.'; 'Clarry Ellis'; 'Doris Harris'; 'Dr. Rick Harper'; 'Ed Fleming';
'Enoch Leatherwood'; 'Gary Montee'; 'Gerald McKenzie'; 'Janet Lander, Esq.'; 'Jeremy
Brown'; 'Jimmy Cunningham'; 'John Gormley'; 'John Peacock'; 'Judy Burns'; 'Michael Hardin';
'Norm Ross'; 'Rev. LuTimothy May'; 'Richard Stone'; 'Rick Finch'; 'Rusty Tanner'; 'SDr. John
Veasley'; 'Sharon Barnett'; 'Stephen Moorehead'; 'Tim Common'
Cc: 'bill ross'
Subject: RE: November Status Report
I have to make a correction. I will forward in a little while.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
Cc: bill ross
Subject: November Status Report

FYI. Here is a copy of the status report I have drafted to present to the legislative delegation, Escambia County
Commission, Pensacola City Council and Town of Century per section 4 of CS/HB 1431.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

258
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: November Status Report
Attachments: ECCSCStatusReport.pdf
FYI. Here is a copy of the status report I have drafted to present to the legislative delegation, Escambia County
Commission, Pensacola City Council and Town of Century per section 4 of CS/HB 1431.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

259
Ken Bell
From: Ken Bell
To: acoby@ci.pensacola.fl.us
Subject: ECCSC
Attachments: CityCouncilStatusReportLetter.pdf; ECCSCStatusReport.pdf
Al:

I hope all is well.



Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

260
Ken Bell
From: judyburns@mchsi.com
Sent: Thursday, November 12, 2009 8:00 PM
Cc: Ken Bell
Subject: Copy of Draft Summary
Attachments: ATT08478.htm; Vote Nov 10 to CJ for Ken.pages
CJ ‐ Here is the summary.

Judy
‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Original message from "Ken Bell" <kenbell@cphlaw.com>:
‐‐‐‐‐‐‐‐‐‐‐‐‐‐

So I can prepare my presentation to the legislative delegationand local governments I must
give next week (as well as prepare for our next Commissionmeeting), please send me a summary
of (1) the votes taken yesterday and (2) theissues tabled. Unfortunately, I could not keep
accurate notes and conduct themeeting at the same time.

I appreciate your invaluable role in this team effort!!! Itappears we are coming in for a
landing right on schedule thanks to yoursupport.

Thanks!

KennethB. Bell
ClarkPartington Hart Larry Bond & Stackhouse
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

NOTICE: This e‐mail messageand any attachments are private communication sent by the law firm
of ClarkPartington Hart Larry Bond & Stackhouse, and may contain confidential,legally
privileged information meant solely for the intended recipient. If youare not the intended
recipient, you are hereby notified that any use,dissemination, distribution, or copying of
this communication is strictlyprohibited. Please notify the sender immediately by replying to
this message,and delete the e‐mail and any attachments from your system. Thank you.

261
Ken Bell
From: Ken Bell
To: 'lbernau@clerk.co.escambia.fl.us'
Okay

From: Lisa Bernau <lbernau@clerk.co.escambia.fl.us>
To: Ken Bell
Sent: Thu Nov 12 18:01:43 2009

I've been out of pocket...I'll call you tomorrow.
Thanks.
Lisa Bernau
Chief Deputy
Ernie Lee Magaha
Clerk of the Circuit Court & Comptroller Escambia County, Florida
850‐595‐4312

From: Ken Bell <mailto:kenbell@cphlaw.com>
Subject: ECCSC work

Lisa:



Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com <mailto:kenbell@cphlaw.com>

NOTICE: This e‐mail message and any attachments are private communication sent by the
law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential,
legally privileged information meant solely for the intended recipient. If you are not the
262
intended recipient, you are hereby notified that any use, dissemination, distribution, or
copying of this communication is strictly prohibited. Please notify the sender immediately by
replying to this message, and delete the e‐mail and any attachments from your system. Thank
you.

263
Ken Bell
Subject: Draft minutes for Nov.4th drafting subcommittee meeting.docx
Attachments: Draft minutes for Nov.4th drafting subcommittee meeting.docx
Please review prior to the next subcommittee meeting. Changes may be discussed at that time.
Thanks,
Janet
264
Ken Bell
To: bill ross
Subject: MINUTES FOR THE OCTOBER 1.docx
Attachments: MINUTES FOR THE OCTOBER 1.docx
Bill,
These minutes were approved at the meeiting of Nov. 4th. They are ready for posting.
Thanks,
Janet
265
Ken Bell
Cc: bill ross
Subject: Meeting Notice.Nov20.docx
Attachments: Meeting Notice.Novt20.docx
Bill,
Please post this notice on the website and in the lobby on the 20th of November.
Thanks,
Janet
266
Ken Bell
From: Ken Bell
To: Edward P. Fleming; Janet Lander
Cc: bill ross
Subject: RE: next drafting subcommitteee meeting
I can do either.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Edward P. Fleming [mailto:epfleming@pensacolalaw.com]
To: Ken Bell; Janet Lander
Cc: bill ross
I am not. However, I could be available later that afternoon; after 3:30 p.m.

Ed Fleming

To: Janet Lander; Edward P. Fleming
Cc: bill ross
Yes.

Kenneth B. Bell
Pensacola, FL 32502
267
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Cc: bill ross
Subject: next drafting subcommitteee meeting
Are you available to meet on Friday the 20th of November from 1;30-3;00pm at City Hall?
Janet
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
268
Ken Bell
From: Shirley L. Gafford [slgaffor@co.escambia.fl.us]
To: bill ross
Cc: Ken Bell; Bob McLaughlin; Alison A. Perdue; Gene M. Valentino; Grover C. Robinson; Kevin
W. White; Marie K. Young; Wilson B. Robertson
Subject: RE: Escambia County Consolidation Study Commission(ECCSC)
Mr. Ross,
This is confirmation that Mr. Ken Bell is scheduled to appear before the Board during the 4:30 p.m., Public
Forum on November 19th, to give a status report of the ECCSC effort.
Thanks,
Shirley

To: Shirley L. Gafford
Cc: Ken Bell
Subject: FW: Escambia County Consolidation Study Commission(ECCSC)
Shirley, please reconfirm that Mr. Ken Bell is still scheduled to brief the BCC on Thursday, 11/19/09 at
4:30PM on the status of the ECCSC effort.
To: slgaffor@co.escambia.fl.us
Date: Tue, 6 Oct 2009 09:17:29 -0500
Shirley, thank you so much for your assistance. We do not require anything else but we will stay in touch,
Bill
From: slgaffor@co.escambia.fl.us
Date: Mon, 5 Oct 2009 10:27:13 -0500
Mr. Ross,
I spoke with the County Administrator and confirmed that Mr. Bell may address the Board at Public Forum,
at 4:30 p.m., on November 19, 2009. If you need anything else, please let me know.
269
Thanks,
Shirley
Shirley Gafford
Program Coordinator
County Administrator's Office
221 Palafox Place
Suite 420
P. O. Box 1591
Pensacola, FL 32591‐1591
Office: 850‐595‐4916
Fax: 850‐595‐3944
Email: slgaffor@co.escambia.fl.us

Sent: Tuesday, September 29, 2009 11:32 AM
Subject: Escambia County Consolidation Study Commission(ECCSC)
Ken Bell, Chairman ECCSC is required by the legislature to brief the BCC on the status and tentative
conclusion of the ECCSC no later than Nov 30, 2009. We request that Chairman Bell be scheduled for that
briefing on Thnursday November 19, 2009.
Please advise if that works and the approximate time.
Thank you for your assistance, Bill
Bing™ brings you maps, menus, and reviews organized in one place. Try it now.
270
Ken Bell
From: Sandra Davis [charliesandradavis@gmail.com]
To: Ken Bell
Cc: William Dunaway
Subject: Re: Ken Bell - speaker this Thursday
Judge Bell.
We are looking forward to having you as our guest tonight, and we are glad your wife, Vicky, will be joining
you. As you requested, we will have a white board available for your use. I'm sure Will informed you that we
gather around 6;P.M. and serve dinner at 6:30 P.M., and I will introduce you as close to 7:P.M. as the
conditions permit. Please feel free to take the amount of time you want for your presenation. I believe you can
expect a lot of questions. At last count we're expecting 40+ in attendance. Thank you very much, Judge, for
taking the time to spend this evening with us.
Charlie Davis
On Thu, Nov 12, 2009 at 9:17 AM, Ken Bell <kenbell@cphlaw.com> wrote:
I look forward to our time together. My wife, Vicky, will be joining us.
If you have a white board or chalk board available, that would be nice. It will make it much easier to explain myself in a
much shorter period of time and allow more time for questions.
Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain
distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments
From: William Dunaway

To: Ken Bell
Subject: FW: Ken Bell - speaker this Thursday
271
Fyi. I’ll be at the Wright Place (80 E Wright St) at 6pm tonight. I then have to make a
meeting across the street at 6:30; hopefully back by 7pm. Charlie Davis is the program
coordinator and will be our POC.
From: Sandra Davis [mailto:charliesandradavis@gmail.com]

To: William Dunaway
Subject: Re: Ken Bell - speaker this Thursday
Will, I was out most of the afternoon and didn't get to your e-mail until late. Sorry you won't be joining us for
the entire evening. As you know, we usually gather around 6:P.M. eat at 6:30 P.M. I should be able to
introduce Judge Bell by 7:P.M. or a few minutes afterwards. We will leave it up to him to end the program.
We are excited about having him as our guest speaker, and I anticipate that he will receive a lot of
questions Please inform Judge Bell that we will be delighted to have his wife join him, and that the dress is
casual.
Will, we appreciate your making arrangments to have Judge Bell as our guest tomorrow night. Perhaps you can
rejoin us in time for dessert. Kind regards, Charlie
On Wed, Nov 11, 2009 at 1:17 PM, William Dunaway <wdunaway@cphlaw.com> wrote:
Charlie,
It is my intention to be at Thursday’s dinner to introduce you to Ken Bell.
Ken’s bio is on our web site ( www.cphlaw.com ).
I will also be doing double duty Thursday night as I have an important meeting
across the street with the Scouts (6:30‐7:30pm).
What time should Ken plan on being at the Wright Place – 6pm? What time so you
expect he will speak? Thanks.
Will
272
Ken Bell
From: Ken Bell
To: LuTimothy May
Subject: RE: Thanks
Thank you, LuTimothy. God knows when we need encouragement and how to make sure it happens! When the
Commission’s work is over, I, too, look forward to getting to know you better.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: LuTimothy May [mailto:lmay2@uwf.edu]
To: Ken Bell
Subject: Thanks
Good Morning,
I wanted to thank you the other night for sharing with me. We were interrupted, therefore we never finished that
conversation. However, I look forward to a time, in the future, when we can further our acquaintance. I suppose
we never know when, how or who God will choose to speak to us. Nevertheless, what may have been small to
you, meant a lot to me. Thanks so much and have a great weekend..
Peace and Love,
LMay
LuTimothy May, M.Div.

Assistant Director, Student Support Services
University of West Florida
Pensacola, FL 32514
(850) 474-3487
lmay2@uwf.edu
273
Ken Bell
From: LuTimothy May [lmay2@uwf.edu]
To: Ken Bell
Subject: Thanks
Good Morning,
I wanted to thank you the other night for sharing with me. We were interrupted, therefore we never finished that
conversation. However, I look forward to a time, in the future, when we can further our acquaintance. I suppose
we never know when, how or who God will choose to speak to us. Nevertheless, what may have been small to
you, meant a lot to me. Thanks so much and have a great weekend..
Peace and Love,
LMay
LuTimothy May, M.Div.

Assistant Director, Student Support Services
University of West Florida
Pensacola, FL 32514
(850) 474-3487
lmay2@uwf.edu
274
Ken Bell
From: Ken Bell
To: Janet Lander, Esq.; Ed Fleming
Cc: 'bill ross'
Subject: Next Draft Committee Meeting
Please have the MuniCode contact help us find any aspirational (e.g in a preamble) or substantive charter language re
equal opportunity so that we might address Gerald McKenzie’s concerns addressed at the last meeting. I know we left
him the opportunity to suggest language, but it will more effective and proper if we show active concern by researching
and suggesting language.

As the Legislative study C.J. sent suggested, we may want to add language addressing that we were aware and
considered voter dilution. This might be proper in a preamble or in a substantive equal protection clause.

On the aspiration issue, we need to discuss if we want to include a preamble that provides fundamental principles. Our
state constitution has a short preamble upon which we could build. The MuniCode contact could help with this as well.

As for the ECUA board composition, we may look at setting criteria for the suggested appointees that would include
racial mixture (I do not know how this will impact the voter dilution issue).

Do not reply. This email is sent only to help set part of the agenda for our next public meeting.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

275
Ken Bell
To: Ken Bell
Subject: Re: Pensacola-Escambia consolidation
He's gone for the day but I left him a voicemail.
From: "Ken Bell" <kenbell@cphlaw.com>
To: <janet@janetlanderlaw.com>
Subject: Re: Pensacola‐Escambia consolidation

> Yes. He is waiting to hear from you. Enjoy!
>
> ‐‐‐‐‐Original Message‐‐‐‐‐
> From: Janet Lander <janet@janetlanderlaw.com>
> To: Ken Bell
> Sent: Wed Nov 11 16:39:49 2009
> Subject: Re: Pensacola‐Escambia consolidation
>
> Yippee! Do you want me to speak to him?
>
> ‐‐‐‐‐ Original Message ‐‐‐‐‐
> From: Ken Bell <mailto:kenbell@cphlaw.com>
> To: Janet Lander, Esq. <mailto:janet@janetlanderlaw.com>
> Cc: Tom.Wilkes@gray‐robinson.com ; bill ross
> <mailto:billrosseccsc@live.com>
> Sent: Wednesday, November 11, 2009 3:32 PM
> Subject: FW: Pensacola‐Escambia consolidation
>
>
> Janet:
>
>
>
> I have some fantastic news! Tom Wilkes has agreed to help in the drafting
> of our charter on a pro bono basis (unless the work becomes too
> burdensome, then we can pay him). He has a deep love for both the subject
> and Pensacola. He should be of invaluable help. He will work directly
> with you.
>
>
>
> As you know, Tom has a tremendous background in municipal law. He served
> as the Orlando County Attorney and now works in the same field with a
> great statewide firm. And, years ago, Tom chaired the Orange County
> Charter Review Commission when they modified their form of government.
>
>
>
> I told Tom of the agreement with MuniCode that we have not yet used: (a)
> the internal expert at $90.00 per hour) and (b) full access to their
> system. Please provide both details to him.
276
>
>
>
> I also told Tom that Dan Kleman has offered to help review the charter
> drafts from the administrator’s perspective.
>
>
>
> This should provide you great team as the Draft Committee Chair. The
> Commission has worked hard to give the direction. The votes taken last
> night give us the direction needed. These new team members should help
> you in your drafting.
>
>
>
> It is now up to the Draft Committee, the Forecasting Committee and the
> Executive Committee to bring this in for a landing.
>
>
>
> Thanks for all of your great work! I am thrilled about this news!
>
>
>
>
>
> Kenneth B. Bell
>
> Clark Partington Hart Larry Bond & Stackhouse
> 125 West Romana Street, Suite 800
> T: 850.434.9200 F: 850.432.7340
> kenbell@cphlaw.com
>
>
>
> NOTICE: This e‐mail message and any attachments are private communication
> sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and
> may contain confidential, legally privileged information meant solely for
> the intended recipient. If you are not the intended recipient, you are
> hereby notified that any use, dissemination, distribution, or copying of
> this communication is strictly prohibited. Please notify the sender
> immediately by replying to this message, and delete the e‐mail and any
> attachments from your system. Thank you.
>
>
>
> From: Thomas J. Wilkes [mailto:Tom.Wilkes@gray‐robinson.com]
> Sent: Wednesday, November 11, 2009 2:28 PM
> To: Ken Bell
> Cc: Paul H. Chipok
> Subject: Pensacola‐Escambia consolidation
>
>
>
> Justice Bell ‐
>
277
>
>
> Good afternoon. My partner Paul Chipok, who said he spoke to you a few
> days ago in a meeting, asked me to call you regarding the work you are
> doing on the proposal to consolidate Pensacola and Escambia County ... or
> is the proposal instead to adopt a charter for Escambia County? I am not
> clear.
>
>
>
> I left you a voicemail. I would be pleased to discuss it. Having lived a
> number of years in Pensacola in the 1970's while in the Navy, and while
> getting a Masters Degree in Public Administration from UWF, I recall
> vigorous debates even then about whether to consolidate and whether to
> have a county charter. I had spoken recently to Marilyn Crotty at the UCF
> Institute for Government, who told me that she had been a facilitator for
> a task force or committee that was debating the issue, so I was aware that
> it was being discussed.
>
>
>
> Please call if we can help or you would like just to discuss the issue.
> My numbers are 407‐244‐5693 (office direct) and 321‐231‐8628 (cell).
>
>
>
> Thomas J. Wilkes
>
> GrayRobinson, P.A.
>
> 301 East Pine Street, Suite 1400
>
> P.O. Box 3068 (32802‐3068)
>
> Orlando, Florida 32801
>
> Main: 407‐843‐8880 | Fax: 407‐244‐5690
>
> Direct: 407‐244‐5693 | Cell: 321‐231‐8628
>
> GRAY | ROBINSON <http://gray‐robinson.com/>
>
> ATTORNEYS AT LAW <http://www.gray‐robinson.com/>
>
>
> This e‐mail is intended only for the individual(s) or entity(s) named
> within the message. This e‐mail might contain legally privileged and
> confidential information. If you properly received this e‐mail as a client
> or retained expert, please hold it in confidence to protect the
> attorney‐client or work product privileges. Should the intended recipient
> forward or disclose this message to another person or party, that action
> could constitute a waiver of the attorney‐client privilege. If the reader
> of this message is not the intended recipient, or the agent responsible to
> deliver it to the intended recipient, you are hereby notified that any
> review, dissemination, distribution or copying of this communication is
> prohibited by the sender and to do so might constitute a violation of the
> Electronic Communications Privacy Act, 18 U.S.C. section 2510‐2521. If
278
> this communication was received in error we apologize for the intrusion.
> Please notify us by reply e‐mail and delete the original message without
> reading same. Nothing in this e‐mail message shall, in and of itself,
> create an attorney‐client relationship with the sender.
>
> Disclaimer under Circular 230: Any statements regarding tax matters made
> herein, including any attachments, are not formal tax opinions by this
> firm, cannot be relied upon or used by any person to avoid tax penalties,
> and are not intended to be used or referred to in any marketing or
> promotional materials.
>
>

279
Ken Bell
From: Ken Bell
Yes. He is waiting to hear from you. Enjoy!

To: Ken Bell
Sent: Wed Nov 11 16:39:49 2009
Subject: Re: Pensacola‐Escambia consolidation

Yippee! Do you want me to speak to him?

From: Ken Bell <mailto:kenbell@cphlaw.com>
To: Janet Lander, Esq. <mailto:janet@janetlanderlaw.com>
Cc: Tom.Wilkes@gray‐robinson.com ; bill ross <mailto:billrosseccsc@live.com>
Subject: FW: Pensacola‐Escambia consolidation

Janet:

I have some fantastic news! Tom Wilkes has agreed to help in the drafting of our
charter on a pro bono basis (unless the work becomes too burdensome, then we can pay him).
He has a deep love for both the subject and Pensacola. He should be of invaluable help. He
will work directly with you.

As you know, Tom has a tremendous background in municipal law. He served as the
Orlando County Attorney and now works in the same field with a great statewide firm. And,
years ago, Tom chaired the Orange County Charter Review Commission when they modified their
form of government.

I told Tom of the agreement with MuniCode that we have not yet used: (a) the internal
expert at $90.00 per hour) and (b) full access to their system. Please provide both details
to him.

I also told Tom that Dan Kleman has offered to help review the charter drafts from the
administrator’s perspective.

280
This should provide you great team as the Draft Committee Chair. The Commission has
worked hard to give the direction. The votes taken last night give us the direction needed.
These new team members should help you in your drafting.

It is now up to the Draft Committee, the Forecasting Committee and the Executive
Committee to bring this in for a landing.

Thanks for all of your great work! I am thrilled about this news!

Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

NOTICE: This e‐mail message and any attachments are private communication sent by the
law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential,
legally privileged information meant solely for the intended recipient. If you are not the
intended recipient, you are hereby notified that any use, dissemination, distribution, or
copying of this communication is strictly prohibited. Please notify the sender immediately by
replying to this message, and delete the e‐mail and any attachments from your system. Thank
you.

From: Thomas J. Wilkes [mailto:Tom.Wilkes@gray‐robinson.com]
To: Ken Bell
Cc: Paul H. Chipok
Subject: Pensacola‐Escambia consolidation

Justice Bell ‐

Good afternoon. My partner Paul Chipok, who said he spoke to you a few days ago in a
meeting, asked me to call you regarding the work you are doing on the proposal to consolidate
Pensacola and Escambia County ... or is the proposal instead to adopt a charter for Escambia
County? I am not clear.

281
I left you a voicemail. I would be pleased to discuss it. Having lived a number of
years in Pensacola in the 1970's while in the Navy, and while getting a Masters Degree in
Public Administration from UWF, I recall vigorous debates even then about whether to
consolidate and whether to have a county charter. I had spoken recently to Marilyn Crotty at
the UCF Institute for Government, who told me that she had been a facilitator for a task
force or committee that was debating the issue, so I was aware that it was being discussed.

Please call if we can help or you would like just to discuss the issue. My numbers are
407‐244‐5693 (office direct) and 321‐231‐8628 (cell).

Thomas J. Wilkes

GrayRobinson, P.A.


P.O. Box 3068 (32802‐3068)


Main: 407‐843‐8880 | Fax: 407‐244‐5690

Direct: 407‐244‐5693 | Cell: 321‐231‐8628

GRAY | ROBINSON <http://gray‐robinson.com/>

ATTORNEYS AT LAW <http://www.gray‐robinson.com/>

This e‐mail is intended only for the individual(s) or entity(s) named within the
message. This e‐mail might contain legally privileged and confidential information. If you
properly received this e‐mail as a client or retained expert, please hold it in confidence to
protect the attorney‐client or work product privileges. Should the intended recipient forward
or disclose this message to another person or party, that action could constitute a waiver of
the attorney‐client privilege. If the reader of this message is not the intended recipient,
or the agent responsible to deliver it to the intended recipient, you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited
by the sender and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510‐2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e‐mail and delete the original message
without reading same. Nothing in this e‐mail message shall, in and of itself, create an
attorney‐client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein,
including any attachments, are not formal tax opinions by this firm, cannot be relied upon or
used by any person to avoid tax penalties, and are not intended to be used or referred to in
any marketing or promotional materials.

282
Ken Bell
To: Ken Bell
Yippee! Do you want me to speak to him?

From: Ken Bell
To: Janet Lander, Esq.
Cc: Tom.Wilkes@gray-robinson.com ; bill ross
Subject: FW: Pensacola-Escambia consolidation
Janet:

I have some fantastic news! Tom Wilkes has agreed to help in the drafting of our charter on a pro bono basis (unless
the work becomes too burdensome, then we can pay him). He has a deep love for both the subject and Pensacola. He
should be of invaluable help. He will work directly with you.

As you know, Tom has a tremendous background in municipal law. He served as the Orlando County Attorney and now
works in the same field with a great statewide firm. And, years ago, Tom chaired the Orange County Charter Review
Commission when they modified their form of government.

I told Tom of the agreement with MuniCode that we have not yet used: (a) the internal expert at $90.00 per hour) and
(b) full access to their system. Please provide both details to him.

I also told Tom that Dan Kleman has offered to help review the charter drafts from the administrator’s perspective.

This should provide you great team as the Draft Committee Chair. The Commission has worked hard to give the
direction. The votes taken last night give us the direction needed. These new team members should help you in your
drafting.

It is now up to the Draft Committee, the Forecasting Committee and the Executive Committee to bring this in for a
landing.


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

283
To: Ken Bell
Cc: Paul H. Chipok
Subject: Pensacola-Escambia consolidation
Justice Bell -
Good afternoon. My partner Paul Chipok, who said he spoke to you a few days ago in a meeting, asked me to
call you regarding the work you are doing on the proposal to consolidate Pensacola and Escambia County ... or
is the proposal instead to adopt a charter for Escambia County? I am not clear.
I left you a voicemail. I would be pleased to discuss it. Having lived a number of years in Pensacola in the
1970's while in the Navy, and while getting a Masters Degree in Public Administration from UWF, I
recall vigorous debates even then about whether to consolidate and whether to have a county charter. I had
spoken recently to Marilyn Crotty at the UCF Institute for Government, who told me that she had been a
facilitator for a task force or committee that was debating the issue, so I was aware that it was being discussed.
Please call if we can help or you would like just to discuss the issue. My numbers are 407-244-5693 (office
direct) and 321-231-8628 (cell).
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act,
18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original
284
Ken Bell
To: Ken Bell
Subject: RE: Pensacola-Escambia consolidation
Thanks for the opportunity. I hope I can help a little in an obviously great project for a great community.
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW

Subject: RE: Pensacola-Escambia consolidation
Tom:

Thanks!!! I could not be more excited (and blessed!) to know you will help! Again, thanks!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
285
Cc: Paul H. Chipok
Justice Bell -
Good afternoon. My partner Paul Chipok, who said he spoke to you a few days ago in a meeting, asked
me to call you regarding the work you are doing on the proposal to consolidate Pensacola and Escambia
County ... or is the proposal instead to adopt a charter for Escambia County? I am not clear.
I left you a voicemail. I would be pleased to discuss it. Having lived a number of years in Pensacola in
the 1970's while in the Navy, and while getting a Masters Degree in Public Administration from UWF, I
recall vigorous debates even then about whether to consolidate and whether to have a county charter. I
had spoken recently to Marilyn Crotty at the UCF Institute for Government, who told me that she had
been a facilitator for a task force or committee that was debating the issue, so I was aware that it was
being discussed.
Please call if we can help or you would like just to discuss the issue. My numbers are 407-244-5693
(office direct) and 321-231-8628 (cell).
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
materials .
286
Ken Bell
From: Ken Bell
To: Janet Lander, Esq.
Cc: Tom.Wilkes@gray-robinson.com; bill ross
Subject: FW: Pensacola-Escambia consolidation
Janet:

I have some fantastic news! Tom Wilkes has agreed to help in the drafting of our charter on a pro bono basis (unless the
work becomes too burdensome, then we can pay him). He has a deep love for both the subject and Pensacola. He
should be of invaluable help. He will work directly with you.

As you know, Tom has a tremendous background in municipal law. He served as the Orlando County Attorney and now
works in the same field with a great statewide firm. And, years ago, Tom chaired the Orange County Charter Review
Commission when they modified their form of government.

I told Tom of the agreement with MuniCode that we have not yet used: (a) the internal expert at $90.00 per hour) and
(b) full access to their system. Please provide both details to him.

I also told Tom that Dan Kleman has offered to help review the charter drafts from the administrator’s perspective.

This should provide you great team as the Draft Committee Chair. The Commission has worked hard to give the
direction. The votes taken last night give us the direction needed. These new team members should help you in your
drafting.

It is now up to the Draft Committee, the Forecasting Committee and the Executive Committee to bring this in for a
landing.


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Cc: Paul H. Chipok
Justice Bell -
287
Good afternoon. My partner Paul Chipok, who said he spoke to you a few days ago in a meeting, asked me to
call you regarding the work you are doing on the proposal to consolidate Pensacola and Escambia County ... or
is the proposal instead to adopt a charter for Escambia County? I am not clear.
I left you a voicemail. I would be pleased to discuss it. Having lived a number of years in Pensacola in the
1970's while in the Navy, and while getting a Masters Degree in Public Administration from UWF, I
recall vigorous debates even then about whether to consolidate and whether to have a county charter. I had
spoken recently to Marilyn Crotty at the UCF Institute for Government, who told me that she had been a
facilitator for a task force or committee that was debating the issue, so I was aware that it was being discussed.
Please call if we can help or you would like just to discuss the issue. My numbers are 407-244-5693 (office
direct) and 321-231-8628 (cell).
Thomas J. Wilkes
GrayRobinson, P.A.
P.O. Box 3068 (32802-3068)
Main: 407-843-8880 | Fax: 407-244-5690
Direct: 407-244-5693 | Cell: 321-231-8628
GRAY | ROBINSON
ATTORNEYS AT LAW
288
Ken Bell
To: Ken Bell
Cc: 'bill ross'; 'Judy Burns'
Subject: RE: Tabled Votes
Ken,
Just got off the phone with Judy. NLT COB tomorrow she’ll send you a rundown of action taken on each item.
We have the vote counts, know which ones were amended, usually pretty “slightly,” and which were tabled.
We’ll do our best to get a quickest turnaround on the minutes.
I have been sending the FinalDraft minutes to the Board of County Commissioners, Pensacola City Council and
Mayor McCall. I did it as a back-up in case their appointed reps, to include myself, did not. I have also
selectively forwarded them certain handouts just for their background reference. They all should have a very
good feel for where we are in the consolidated government movie right up until last night.
Monday’s city council meeting is cancelled due to the badly scheduled trip to St. Louis involving five
members. They can’t achieve a quorum so the city manager seized the initiative and cancelled the meeting.
Thursday’s council meeting is now To Be Announced. It might be worth your while to call Al Coby and
encourage him to schedule that Thursday meeting. The agenda will likely be very light so the pace relaxed.
Thursday’s meetings are televised on Channel 4 and seen by many.
I know you’re not involved in the city charter fight but FYI three council members are in support of the charter
and five are against. The two at-large members are keeping silent. The Strong Mayor issue, the two “at large”
members a few council members persuaded the CRC to add back in after it recommended they be eliminated,
and the more restrictive referendum provisions that would prevent the citizenry from challenging certain council
decisions are the primary friction points within the council and I think the public too.
However, within the city our commission is held in very high regard, even by those adamantly opposed to the
idea of a consolidated government. I’ve been told repeatedly by a very diverse group that people believe we’re
being fair and objective and pursuing our work without agendas. They like that we’ve made an effort to have
our meetings all over the county to maximize public participation and that we seem eager to have the public
attend and participate, even if so few do. They also appreciate that we’re going to write a final report to explain
and justify whatever it is we recommend.
If you’re not aware, the CRC refused to submit its final report with Crystal Spencer saying Tom Bonfield told
her she could substitute the new 24 page charter document. Bonfield provided me a written statement I
provided to the council contradicting Spencer’s claim. The UWF consultant Dr. Haraway who quit in protest
after a year told me their study efforts lacked the rigor to justify the conclusions they wanted to reach. He quit
after 1000+ hours of pro bono labor so there must have been a serious disagreement. That will definitely not be
a problem for us. We’ve accomplished far more in far less time, making the best of the little we have.
I suspect one reason the city ballots have been coming in so slow is people are simply confused. I believe it
will be well received by all if you emphasize in your presentations that we will ensure every voter is fully
informed and knows what they will be voting for or against. If we do that we’ll have set the bar high for all
future commissions around here.
S/F, CJ
289
To: C.J. Lewis; Judy Burns
Cc: bill ross
Subject: Tabled Votes

So I can prepare my presentation to the legislative delegation and local governments I must give next week (as well as
prepare for our next Commission meeting), please send me a summary of (1) the votes taken yesterday and (2) the
issues tabled. Unfortunately, I could not keep accurate notes and conduct the meeting at the same time.

I appreciate your invaluable role in this team effort!!! It appears we are coming in for a landing right on schedule thanks
to your support.

Thanks!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

290
Ken Bell
From: Ken Bell
To: C.J. Lewis; Judy Burns
Cc: bill ross
Subject: Tabled Votes
So I can prepare my presentation to the legislative delegation and local governments I must give next week (as well as
prepare for our next Commission meeting), please send me a summary of (1) the votes taken yesterday and (2) the
issues tabled. Unfortunately, I could not keep accurate notes and conduct the meeting at the same time.

I appreciate your invaluable role in this team effort!!! It appears we are coming in for a landing right on schedule thanks
to your support.

Thanks!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

291
Ken Bell
From: Farichild CPA [FairchildCPA@cox.net]
jeremy@williamsbrowninc.com; jveasley99@cox.net; johnpeacock@cox.net;
billrosseccsc@live.com
Subject: Novewmber 10 agenda item Discussion of form of government
To all members of the Escambia County consolidation review committee.
As you are aware, the City is presently undergoing a charter referendum to determine the type of
government the city wants.
I respectfully request that you table your discussion of this agenda item until the city vote is completed.
If the item can not be tabled, then I would like to see any committee vote delayed until after November
24th.
.Any decision you make regarding the form of government that a consolidated Escambia County
government should have will be interpreted as combining the County consolidation issue with the
Charter issue. While there has been plenty of references to consolidation in the Charter Review
Committee meetings, I do not believe the County Consolidation Review committee should decide the
issue at this time.
The issue of county consolidation is going to be a very difficult one to sell to county residents. The
people in the county already have a deep distrust of the City in general and the downtown power
brokers in particular. Anything that the consolidation committee does that might be interpreted as
reinforcing the role of the City and the power brokers will be a difficult hurtle for the consolidation
supporters to overcome.
Thank you for your consideration of the delay.
Charles Fairchild
292
Ken Bell
Cc: Keith Goldschmidt; Judy Burns
Subject: Full Commission Meeting 11/10/09
The full Commission will meet, as scheduled, at 5:30 PM, Sanders Beach CC, today, November 10, 2009.
We look forward to your attendance and remember the Chairman's guidance "Come prepared to vote".
293
Ken Bell
From: John Peacock [johnpeacock@cox.net]
To: Ken Bell
Cc: Bill Ross; Bill Ross
Subject: Re: Tomorrow's Meeting Still On- NEED CONTACT INFORMATION
I just arrived in NYC. Flights may be affected I have discusses my positions with bill Ross and if possible
assuming I don't make it I would like to give him my proxy. I can be reached on my cell 712-7466
Sent from my iPhone!
On Nov 9, 2009, at 11:18 AM, "Ken Bell" <kenbell@cphlaw.com> wrote:
I will stay on top of this. I well have Bill Ross call everyone tomorrow by 1:00 pm. I do not
anticipate a power outage, but we will see. SO, EMAIL TO BILL ROSS YOUR CELL PHONE
CONTACT INFORMATION ASAP SO HE CAN STAY IN TOUCH!
Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse,
and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby
notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying
to this message, and delete the e-mail and any attachments from your system. Thank you.
From: Ken Bell

To: bill ross; 'C.J. Lewis'; 'Charles L. Scott, Sr.'; 'Clarry Ellis'; 'Doris Harris'; 'Dr. Rick Harper'; 'Ed Fleming';
'Enoch Leatherwood'; 'Gary Montee'; 'Gerald McKenzie'; 'Janet Lander, Esq.'; 'Jeremy Brown'; 'Jimmy
Cunningham'; 'John Gormley'; 'John Peacock'; 'Judy Burns'; 'Michael Hardin'; 'Norm Ross'; 'Rev.
LuTimothy May'; 'Richard Stone'; 'Rick Finch'; 'Rusty Tanner'; 'SDr. John Veasley'; 'Sharon Barnett';
'Stephen Moorehead'; 'Tim Common'
Subject: Tomorrow's Meeting Still On
Tomorrow’s ECCGSC meeting is still on. By 5:30 tomorrow, the storm should be pretty well
gone. And, we have so much we have to get done! According to the Weather Channel, there is
a 30% chance of at 5 p.m. tomorrow (50% at 4 p.m.) and the winds will be 16-18 mph from the
Northeast. We can handle this!
294
Kenneth B. Bell

Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse,
and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby
notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. Please notify the sender immediately by replying
to this message, and delete the e-mail and any attachments from your system. Thank you.
295
Ken Bell
To: Bill Ross; C. J. Lewis ; Charles Scott, Sr. ; Clarry Ellis; Doris Harris; Ed Fleming; Enoch
Leatherwood; Gary Montee; Gerald McKenzie; Janet Lander; Jeremy Brown; Jimmy
Burns ; Ken Bell; LuTimothy May; Michael Hardin; Norm Ross; Richard Stone ; Rick Finch;
Rick Harper; Rusty Tanner; Sharon Barnett; Steve Moorhead; Tim Common
Cc: Mark O'Brien; William Reynolds; Jamie Page; Derek Cosson; Rick Outzen
Subject: FW: Air Dates for WUWF-TV
Corrected dates and times for airing of our 10/27 consolidation commission meeting.
From: Jonathon Heide [mailto:jheide@uwf.edu]

To: cjlewis0202@bellsouth.net
Subject: Air Dates for WUWF-TV
I'm sorry, but the times I gave you for airing your meeting were incorrect. It will air Tuesday and Thursday at
9:30 a.m.
Thanks,
Jonathon
--
Jonathon Heide
Director of Video Services
WUWF Public Media
11000 University Pkwy. #88
Pensacola, FL 32514
850-474-2514
296
Ken Bell
From: Deborah L. Nelson [h06190@bellsouth.net]
Cc: Ken Bell; sharon_barnett@cox.net
Subject: FW: RE: Tomorrow's Meeting Still On- NEED CONTACT INFORMATION
Dear Mr. Ross,

Due to a conflicting appointment, Sharon Barnett will unfortunately be unable to attend
tomorrow's meeting. I'll represent the League of Women Voters of the Pensacola Bay Area in
her place & just wanted to email my cell phone info: 449‐1746.

Regards,

Deborah Nelson
President
League of Women Voters of the Pensacola Bay Area

> Subject: RE: Tomorrow's Meeting Still On‐ NEED CONTACT INFORMATION
> Date: Mon, 9 Nov 2009 10:18:18 ‐0600
> From: "Ken Bell" <kenbell@cphlaw.com>
> To: "bill ross" <billrosseccsc@live.com>,
"C.J. Lewis" <cjlewis0202@bellsouth.net>,
"Charles L. Scott, Sr." <clscottsr@bellsouth.net>,
"Clarry Ellis" <clarry.ellis@stifel.com>,
"Doris Harris" <dharris@escambiaclerk.com>,
"Dr. Rick Harper" <rharper@uwf.edu>,
"Ed Fleming" <epfleming@pensacolalaw.com>,
"Enoch Leatherwood" <eleatherwood1@cox.net>,
"Gary Montee" <gmmontee@escambiaso.com>,
"Gerald McKenzie" <gemckenzie@yahoo.com>,
"Janet Lander, Esq." <janet@janetlanderlaw.com>,
"Jeremy Brown" <jeremy@williamsbrowninc.com>,
"Jimmy Cunningham" <jdc38@aol.com>,
"John Gormley" <john.gormley@suntrust.com>,
"John Peacock" <johnpeacock@cox.net>,
"Judy Burns" <judyburns@mchsi.com>,
"Michael Hardin" <michael_hardin@co.escambia.fl.us>,
"Norm Ross" <nross@escambia.k12.fl.us>,
"Rev. LuTimothy May" <lmay2@uwf.edu>,
"Richard Stone" <richard_stone@co.escambia.fl.us>,
"Rick Finch" <rick.finch@theactigraph.com>,
"Rusty Tanner" <rtplh@aol.com>,
"SDr. John Veasley" <jveasley99@cox.net>,
"Sharon Barnett" <sharon_barnett@cox.net>,
"Stephen Moorehead" <srmoorhead@pensacolalaw.com>,
"Tim Common" <tim_common@cox.net>
>
> I will stay on top of this. I well have Bill Ross call everyone
> tomorrow by 1:00 pm. I do not anticipate a power outage, but we will
297
> see. SO, EMAIL TO BILL ROSS YOUR CELL PHONE CONTACT INFORMATION ASAP
> SO HE CAN STAY IN TOUCH!
>
>
>
> Kenneth B. Bell
>
> T: 850.434.9200 F: 850.432.7340
>
>
>
> NOTICE: This e‐mail message and any attachments are private
> communication sent by the law firm of Clark Partington Hart Larry Bond
> & Stackhouse, and may contain confidential, legally privileged
> information meant solely for the intended recipient. If you are not
> the intended recipient, you are hereby notified that any use,
> dissemination, distribution, or copying of this communication is strictly prohibited.
> Please notify the sender immediately by replying to this message, and
> delete the e‐mail and any attachments from your system. Thank you.
>
>
>
> From: Ken Bell
> Sent: Monday, November 09, 2009 10:13 AM
> To: bill ross; 'C.J. Lewis'; 'Charles L. Scott, Sr.'; 'Clarry Ellis';
> 'Doris Harris'; 'Dr. Rick Harper'; 'Ed Fleming'; 'Enoch Leatherwood';
> 'Gary Montee'; 'Gerald McKenzie'; 'Janet Lander, Esq.'; 'Jeremy
> Brown'; 'Jimmy Cunningham'; 'John Gormley'; 'John Peacock'; 'Judy
> Burns'; 'Michael Hardin'; 'Norm Ross'; 'Rev. LuTimothy May'; 'Richard
> Stone'; 'Rick Finch'; 'Rusty Tanner'; 'SDr. John Veasley'; 'Sharon
> Barnett'; 'Stephen Moorehead'; 'Tim Common'
> Subject: Tomorrow's Meeting Still On
>
>
>
> Tomorrow's ECCGSC meeting is still on. By 5:30 tomorrow, the storm
> should be pretty well gone. And, we have so much we have to get done!
> According to the Weather Channel, there is a 30% chance of at 5 p.m.
> tomorrow (50% at 4 p.m.) and the winds will be 16‐18 mph from the
> Northeast. We can handle this!
>
>
>
> Kenneth B. Bell
>
> T: 850.434.9200 F: 850.432.7340
>
>
>
298
> NOTICE: This e‐mail message and any attachments are private
> communication sent by the law firm of Clark Partington Hart Larry Bond
> & Stackhouse, and may contain confidential, legally privileged
> information meant solely for the intended recipient. If you are not
> the intended recipient, you are hereby notified that any use,
> dissemination, distribution, or copying of this communication is strictly prohibited.
> Please notify the sender immediately by replying to this message, and
> delete the e‐mail and any attachments from your system. Thank you.
>
>
>

299
Ken Bell
To: Ken Bell
Subject: RE: Tomorrow's Meeting Still On- NEED CONTACT INFORMATION
I just spoke with Vicki Lawley, Community Center Director, for a second time this morning. The city has
decided to close the center early at 6 pm this evening. However, unless the storm does something different they
expect to be open tomorrow.
I’ve spoken several times this morning with Jonathan Heide of WUWF. UWF is shutting down today at 1 pm
and will be closed all day tomorrow. They will not be filming our meeting.
Vicki says they have a rearview projection capability. It’s a Blake Jochum special so good. I think it’s as
simple as loading a file into their computer, etc. We can all sort it out when we get there or Bill might want to
call Vicki (436-5198) to clarify exactly what is needed so there’s zero disconnect.
WUWF starts broadcasting our last meeting tomorrow and I’ll send that info out separately.

To: bill ross; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed Fleming; Enoch Leatherwood;
Gary Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown; Jimmy Cunningham; John Gormley; John Peacock;
Judy Burns; Michael Hardin; Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John
Veasley; Sharon Barnett; Stephen Moorehead; Tim Common
Subject: RE: Tomorrow's Meeting Still On- NEED CONTACT INFORMATION

I will stay on top of this. I well have Bill Ross call everyone tomorrow by 1:00 pm. I do not anticipate a power outage,
but we will see. SO, EMAIL TO BILL ROSS YOUR CELL PHONE CONTACT INFORMATION ASAP SO HE CAN STAY IN TOUCH!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Ken Bell
To: bill ross; 'C.J. Lewis'; 'Charles L. Scott, Sr.'; 'Clarry Ellis'; 'Doris Harris'; 'Dr. Rick Harper'; 'Ed Fleming'; 'Enoch
Leatherwood'; 'Gary Montee'; 'Gerald McKenzie'; 'Janet Lander, Esq.'; 'Jeremy Brown'; 'Jimmy Cunningham'; 'John
Gormley'; 'John Peacock'; 'Judy Burns'; 'Michael Hardin'; 'Norm Ross'; 'Rev. LuTimothy May'; 'Richard Stone'; 'Rick Finch';
'Rusty Tanner'; 'SDr. John Veasley'; 'Sharon Barnett'; 'Stephen Moorehead'; 'Tim Common'

Tomorrow’s ECCGSC meeting is still on. By 5:30 tomorrow, the storm should be pretty well gone. And, we have so
much we have to get done! According to the Weather Channel, there is a 30% chance of at 5 p.m. tomorrow (50% at 4
p.m.) and the winds will be 16‐18 mph from the Northeast. We can handle this!
300

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

301
Ken Bell
Subject: WUWF BROADCAST OF LAST MEETING
Fellow Commissioners. WUWF (Cox Channel 4) will broadcast our last meeting Tuesday through Friday of
this week starting at 9 am. It goes about 4.5 hours. S/F, CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

302
Ken Bell
From: Ken Bell
To: bill ross; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed
Fleming; Enoch Leatherwood; Gary Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy
Brown; Jimmy Cunningham; John Gormley; John Peacock; Judy Burns; Michael Hardin;
Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John
Tomorrow’s ECCGSC meeting is still on. By 5:30 tomorrow, the storm should be pretty well gone. And, we have so
much we have to get done! According to the Weather Channel, there is a 30% chance of at 5 p.m. tomorrow (50% at 4
p.m.) and the winds will be 16‐18 mph from the Northeast. We can handle this!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

303
Ken Bell
From: Ellis, Clarry Bolden (Pensacola) [clarry.ellis@stifel.com]
To: Ken Bell
Subject: RE: 11.10 MEETING AGENDA.doc
Has there been any discussion re reschedule due to weather, power concerns?
Clarry Bolden Ellis

Financial Advisor
Stifel Nicolaus & Company, Incorporated
25 West Cedar Street
Suite 600
Pensacola, FL 32502

Direct: 850.435.3704
Fax: 850.432.8227
Toll Free: 800.437.4878
Mobile: 850.292.2051


Sent: Sunday, November 08, 2009 6:07 PM
To: C.J. Lewis; Charles L. Scott, Sr.; Ellis, Clarry Bolden (Pensacola); Doris Harris; Dr. Rick Harper; Ed Fleming; Enoch
Leatherwood; Gary Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown; Jimmy Cunningham; John Gormley;
John Peacock; Judy Burns; Michael Hardin; Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner;
SDr. John Veasley; Sharon Barnett; Stephen Moorehead; Tim Common
Cc: bill ross
Subject: 11.10 MEETING AGENDA.doc

Here is the Agenda.
********************************************************************************
All electronic messages sent and received by Stifel Nicolaus
Associates are subject to review by Stifel Nicolaus. Stifel Nicolaus
may retain and reproduce electronic messages for state, federal, or
other regulatory agencies as required by applicable law.
IMPORTANT: Please do not use e-mail to request or authorize the
purchase or sale of any security or commodity, send fund transfer
instructions, or otherwise conduct any securities transactions. Any
requests, orders, instructions, or time-sensitive messages sent by
e-mail cannot be accepted or processed by Stifel Nicolaus. The
accuracy of any information sent by Stifel Nicolaus through e-mail
cannot be warranted or guaranteed by Stifel Nicolaus or its affiliates.
304
Stifel, Nicolaus & Company, Incorporated
Member NYSE & SIPC
Headquarters: 501 N. Broadway, St. Louis, MO 63102
314-342-2000
********************************************************************************
305
Ken Bell
To: Ken Bell; Janet Lander
Subject: FW: Meeting Notice for Composition Committee
FYI
To: billrosseccsc@live.com; jveasley99@cox.net; gwmontee@escambiaso.com; clscottsr@bellsouth.net
CC: Raad@ewbullock.com
Date: Mon, 9 Nov 2009 07:08:54 -0600
Subject: RE: Meeting Notice for Composition Committee
Due to the potential impacts of Hurricane Ida, I am cancelling the Composition Committee meeting scheduled for today,
November 9th.

To: John Veasley; Gary Montee; Michael Hardin; Charles Scott
Just a friendly reminder that your committee is scheduled to meet next Monday 11/9/09 at 3:00 PM at
6575 N. W st room 512 to discuss Composition of Consolidated Council. You attendance and participation
is very important.
To: raad@ewbullock.com; cjlewis0202@bellsouth.net
CC: janet@janetlanderlaw.com; michael_hardin@co.escambia.fl.us
Date: Fri, 30 Oct 2009 08:07:20 -0500
Please process. By Copy to Janet Lander, you are invited to attend and participate, Bill
Date: Wed, 28 Oct 2009 14:24:20 -0500
Subject: Meeting Notice for Composition Committee
Please advise other committee members – also pass along to Janet Lander (if she is able to attend)
m
306
Windows 7: I wanted more reliable, now it's more reliable. Wow!
307
Ken Bell
To: Ken Bell
Subject: FW: 11.10 MEETING AGENDA.doc
Attachments: 11.10 MEETING AGENDA.doc
Ken. I’ve corrected the name of our next meeting location and filled in the name of the location after that. S/F,
CJ

Cc: bill ross

Here is the Agenda.
308
Ken Bell
From: Ken Bell
Cc: bill ross
Attachments: 11.10 MEETING AGENDA.doc
Here is the Agenda.
309
Ken Bell
From: Ken Bell
Cc: bill ross; Michael Hauversburk
Subject: 11 10 Commission vote after committee reports (2).doc
Attachments: 11 10 Commission vote after committee reports (2).doc
I have revised the last two pages of what I sent earlier. Please rely on this. Bill Ross will have a copy in your materials on
Tuesday.
310
Ken Bell
Cc: dkleman@coj.net; Keith Goldschmidt
Subject: FW: SACRAMENTO CRC FINAL REPORT
Attachments: Sacramento CRC_Final_Report.pdf
FYI
Subject: SACRAMENTO CRC FINAL REPORT
Date: Sun, 8 Nov 2009 12:45:50 -0600
Bill. Please forward to the other commissioners for their info. Also, please forward to Mr. Kleman. Thanks,
CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617
311
Ken Bell
Sent: Sunday, November 08, 2009 11:42 AM
Subject: REVIEW OF FINAL DRAFT MINUTES FOR OCT 27 2009 ECCSC MEETING
Attachments: Minutes_ECCSC_Oct 27_09_FINALDRAFT.doc
Importance: High
DO NOT RESPOND
Fellow Commissioners,
Forwarded for your review. Please review very carefully. Please write out any recommended changes, raise the
issue during the next meeting, and then hand your changes to me after the meeting. In advance, I apologize
(again) for the length of the minutes. However, Judy Burns did a pretty good job digesting the action down to a
format only barely longer than the last time, impressive considering how much more we did over a meeting two
hours longer than the last.
S/F,
CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

312
Ken Bell
From: Ken Bell
Sent: Saturday, November 07, 2009 2:20 PM
Cc: bill ross
Subject: PURPOSE, VISION AND GOALS OF THE ECCSC.doc
Attachments: PURPOSE, VISION AND GOALS OF THE ECCSC.doc
To remind us all, here is the “Purpose, Vision and Goals of the ESSCS” we adopted at the beginning of our work. Let’s
stay on task! As one country comedian says, “Let’s git ‘er done!”
313
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: 11 10 Commission vote after committee reports.doc
Attachments: 11 10 Commission vote after committee reports.doc
Dear Commission Members:

Attached is a list of 27 items that the Commission will need to vote on during our 11/10 meeting. I have reworded some
of the recommendations to make it seamless. If any committee chair believes I need to change what I have written,
please send me an email addressed only to the wording of an item related to your committee’s work. Everyone, please
review these items carefully and be ready to vote.

COME PREPARED TO VOTE!!! To make it through these items on Tuesday, we all must come to the meeting already
having read the attachment, reviewed the final reports of the committees and special advisory committees received to
date, and reflected upon our numerous discussions and presentations to date.

COME WITH ONE PURPOSE!!! Remember, our one purpose. As stated in our enabling legislation (section 2, CS/HB
1431) and in the “Purpose, Vision and Goals” we adopted in July, our sole purpose is:

a. To "study and develop a proposed consolidation plan for local governments or unification of
administrative services in the City of Pensacola, the Town of Century, and Escambia County, in whole or part."

b. To "specify how such a consolidated government or unification of services might operate."

It is our task to study and develop a plan. REMEMBER, IT IS NOT OUR JOB TO SELL OR DEFEAT A PLAN!!! That will be left
for the future when the politics starts! Our sole purpose is to devise the best plan we can and to specify how that plan
will work.

COME WITH THE RIGHT ATTITUDE!!! We must not allow ourselves to get distracted by the current issues surrounding
the City of Pensacola’s Charter battle or whatever our personal feelings and affiliations may be outside the Commission.
And, we must avoid ad hominem attacks or aspersions!!! We have an awesome responsibility and a short time to get
the job done. Let’s stay focused on our task at hand and come up with the best plan we can!!!

It is an honor to work with you all!!!

Ken

314
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: Consolidated Charter November 5th Draft docx.pdf - Adobe Reader
Attachments: Consolidated Charter November 5th Draft docx.pdf
Here is the first draft of the Plan per my last email. Again, this is a rough draft based on the committee
recommendations received to date and the straw vote from this summer. We will do a lot of voting on Tuesday. The
plan will be reworked to reflect the outcome of this voting.
315
Ken Bell
From: Ken Bell
Cc: bill ross
Subject: Draft Oommittee's 11.10 Report onMajor Consolidation Questions.docx
Attachments: Draft Oommittee's 11.10 Report onMajor Consolidation Questions.docx
Attached is Janet Lander’s memorandum to the Commission in her role as Chair of the Commission’s Draft Committee.
It is a good summary of some of the major issues we will discuss on Tuesday.

And, now that the Commission has agreed to draft a consolidation plan, I will next send the Draft Committee’s first draft
of a consolidation plan. We have a lot to do over the next 60 days. This plan is drafted based on the committee reports
we have received to date and the straw poll vote we took this summer. Of course, the plan will be modified to reflect
the votes we will take on Tuesday and thereafter.
316
Ken Bell
From: Ken Bell
To: 'cjlewis0202@bellsouth.net'; 'billrosseccsc@live.com'
Subject: Re: ISSUES
I will take care of what I asked you and Judy to do.

From: Christopher J. Lewis <cjlewis0202@bellsouth.net>
To: Ken Bell; Bill Ross <billrosseccsc@live.com>
Sent: Fri Nov 06 19:05:49 2009
Subject: ISSUES

Gentlemen,

Sorry for the late response. Just back from walking the District 1 streets campaigning
against the proposed city charter.

I’ll be very candid. I have absolutely no capacity to take on additional work so close to
the meeting date. In addition to all of my other obligations, I’m way behind on finishing
the minutes. There were major glitches with Judy’s computer (Mac) and also a program on her
PC. I’m going to meet her downtown tonight to give her a clean copy of the format on a USB
device. I hope to have the minutes out Sunday assuming she’s able to address my concerns.

I don’t know Judy’s ability to take on additional work but if you’d like her to do something
other than serve as Recording Secretary, such as make briefing graphics, just ask her if she
will do it. She doesn’t work for me. I have no involvement in anything she does other than
take the minutes and present me with a perfect enough final draft. I don’t need another
ounce of responsibility on my shoulders.

I made no provision for audiovisual support on Tuesday. However, there is a screen on the
stage that can be pulled down. You can visualize it in the above picture. The set‐up was
done by All‐Pro Sound. I left a message for the Community Center Director Vicki Lawley (436‐
5198). I don’t imagine she’ll actually be back at work until Tuesday morning like all the
other city employees. I’m at a conference that day and have no time to deal with her. Bill,
please give her a call first thing Tuesday morning to see if what’s doable. I suspect it is
and they have a projector but someone should get there early to pre‐flight the setup.

I’m not comfortable stepping into the Sub‐Committee Chairmen’s shoes to frame the specific
questions that they each need to ask. This is their job alone. I don’t have their
expertise, or the time and energy, and in truth I am unimpressed with some of the reports.
Some of their recommendations appear illogical given what we’re supposed to be studying.
Others need a lot of work to be massaged into specific questions you can vote for or against.
I suspect we could spend the entire meeting just talking about the decision‐making process.
317

It remains my ongoing recommendation that the sub‐committee chairs meet separately to
synchronize a very coherent decision‐making process. If we need to have more meetings we
should do so. This next meeting might also be a good time to finally have a straw poll vote
on the general topic of consolidation, realizing we have no idea what might be IN or OUT. I
also think it’s better to work top down from the major to minor issues vice the other way
around. As example, if we don’t think a consolidated utilities authority should include
elected officials some subordinate issues will fall by the wayside.

S/F,

CJ


5941 Greenwood Lane

Pensacola, FL 32504

(850) 476‐0617

318
Ken Bell
To: Ken Bell; Bill Ross
Subject: ISSUES
Attachments: 003.JPG
Gentlemen,
Sorry for the late response. Just back from walking the District 1 streets campaigning against the proposed city
charter.
I’ll be very candid. I have absolutely no capacity to take on additional work so close to the meeting date. In
addition to all of my other obligations, I’m way behind on finishing the minutes. There were major glitches
with Judy’s computer (Mac) and also a program on her PC. I’m going to meet her downtown tonight to give
her a clean copy of the format on a USB device. I hope to have the minutes out Sunday assuming she’s able to
address my concerns.
I don’t know Judy’s ability to take on additional work but if you’d like her to do something other than serve as
Recording Secretary, such as make briefing graphics, just ask her if she will do it. She doesn’t work for me. I
have no involvement in anything she does other than take the minutes and present me with a perfect enough
final draft. I don’t need another ounce of responsibility on my shoulders.
I made no provision for audiovisual support on Tuesday. However, there is a screen on the stage that can be
pulled down. You can visualize it in the above picture. The set-up was done by All-Pro Sound. I left a
message for the Community Center Director Vicki Lawley (436-5198). I don’t imagine she’ll actually be back
at work until Tuesday morning like all the other city employees. I’m at a conference that day and have no time
to deal with her. Bill, please give her a call first thing Tuesday morning to see if what’s doable. I suspect it is
and they have a projector but someone should get there early to pre-flight the setup.
I’m not comfortable stepping into the Sub-Committee Chairmen’s shoes to frame the specific questions that
they each need to ask. This is their job alone. I don’t have their expertise, or the time and energy, and in truth I
am unimpressed with some of the reports. Some of their recommendations appear illogical given what we’re
supposed to be studying. Others need a lot of work to be massaged into specific questions you can vote for or
against. I suspect we could spend the entire meeting just talking about the decision-making process.
It remains my ongoing recommendation that the sub-committee chairs meet separately to synchronize a very
coherent decision-making process. If we need to have more meetings we should do so. This next meeting
might also be a good time to finally have a straw poll vote on the general topic of consolidation, realizing we
have no idea what might be IN or OUT. I also think it’s better to work top down from the major to minor issues
vice the other way around. As example, if we don’t think a consolidated utilities authority should include
elected officials some subordinate issues will fall by the wayside.
S/F,
CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617
319

320
Ken Bell
From: Ken Bell
To: Christopher J. Lewis; Judy Burns
Cc: bill ross
Subject: 11.10 Commission vote after committee reports.doc
Attachments: 11.10 Commission vote after committee reports.doc
I cut and pasted these three committee recommendations. Please make the presentation uniform. And, we want to
take each committee and S.A.C separately.

As for the S.A.C. on Economic Development, C.J. can pull the recommendations that need a vote out of the report and at
it to the end. Rick Harper was not at the last meeting and John Peacock is out of the country, so they are not able to get
this done in time.

If this is a problem, let me know.
321
Ken Bell
From: Ken Bell
To: Christopher J. Lewis; Judy Burns
Cc: bill ross
Subject: FW: Voting Recommendations
Attachments: Voting Recommendations of Roads Recreation, Utilities, Special Districts and Authorities.doc
C.J. and Judy:

We need to have the Commission vote on the committee and S.A.C. recommendations. I have asked the chairs to
provide me a list of the recommendations that need voting. I have a list from everyone except the S.A.C. on Public
Health ( I suspect they will have their answer to us soon, but it is not going to be a big issue). Janet Lander should have
the Draft Committee’s items to me today. I will forward them to you tomorrow. Your task is to come up with a
systematic way to present and tabulate the Commission’s vote.

My preference is to have the list of recommendation sent by email to the Commission members on Sunday or Monday
so they can review them before the meeting. At the meeting on Tuesday, we will have the recommendations presented
by Power Point (or on paper) for voting. We will take the committees and S.A.C.s recommendations in the order they
are listed on the Committee Structure page online.

I will leave it up to you to decide the format. I prefer Power Point so we are all looking up at the same recommendation
and not looking down at our papers. If you want to use Power Point, my firm has a projector we can use. But, I don’t
have a portable screen. And, I don’t know what the setup at the Corrine Jones Center is like. Your choice.

Attached is the RRUSD&A committee items that need voting. I will forward this other committee items.

My plan at this time is to do these committee votes first because most of them are not very controversial. The Drafting
Committee will have some of the more challenging questions and will go last.

If you have any administrative questions, C.J., please let me know. If possible, I would like to see a copy of what you
have by Sunday night or Monday. Thanks.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Rick Finch [mailto:rick.finch@actitrainer.com]
To: bill ross; Ken Bell
Subject: Voting Recommendations

Gentlemen:

322
I have been traveling from east coast to west coast since last week’s meeting and just returned about 8:30 last night. I
apologize for the delay.

Attached are my recommendations as Chair. I attempted to make the voting options as simple as possible as to not
complicate the plan with minor details. My intentions are that the ancillary part of my committee’s report will serve as
supporting documentation for recommendations we have made/voted upon, which will then be included in
accompanying market plan that is being developed for a later date. Please let me know if you have any questions.

Regards‐

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

323
Ken Bell
To: Ken Bell
Subject: Consolidated Charter, November 5th Draft. docx
Attachments: Consolidated Charter, November 5th Draft. docx.pdf
Voila!
324
Ken Bell
To: Ken Bell
Subject: Straw Poll on Major Consolidation Questions.docx
Attachments: Straw Poll on Major Consolidation Questions.docx
Here is the memo. I'm sending it to you as a Word document. If there is anything that you would like to add or change,
please do so. If you do make changes please don't send them to me. I will catch up with them in the agenda back-up
material you distribute for next Tuesday. Also, I will send separately the draft proposed charter referred to throughout the
memo, in PDF form so that it is "read only"( I hope). You or Bill can include the attachments in the agenda back-up and e
mail it to everyone on the commission. It will become part of the official record and it represents our actual work product
to date..
Janet
325
Ken Bell
From: Ken Bell
To: Rick Finch; bill ross
Subject: RE: Voting Recommendations
As usual, Rick, this is outstanding work. You have done a great job chairing this committee. Thanks!

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Rick Finch [mailto:rick.finch@actitrainer.com]

Gentlemen:



Regards‐

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

326
Ken Bell
From: Ken Bell
To: Kleman, Dan
Subject: RE: Emailing: Arguments%20for%20forms.pdf
Thanks so much Dan! This is very helpful.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

From: Kleman, Dan [mailto:DKleman@coj.net]
To: Ken Bell; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed Fleming; Enoch Leatherwood;
Gary Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown; Jimmy Cunningham; John Gormley; John Peacock;
Michael Hardin; Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon
Cc: bill ross

Ken-
The following is provided in response to your request for any additional thoughts on the form of government question
facing the Escambia County Consolidation Study Commission (ECCSC). For easier review of the issue, I've attached this
email to the one you sent out that includes the pro and con discussion of form of government from Sacramento.
1. Relationship of the Executive to a single member district City Council
A council composed only of members having been elected from single member districts presents the challenge of how to
bring a community wide perspective to the consideration of city issues. The question will be who provides that broader
perspective.
In a Mayor-Council (Strong Mayor) form of government the Mayor will be the only official able to do that. However,
because the form is a separation of powers government, he will have to do it from the perspective of an outsider to
Council. I believe that will result in some level of conflict as council will insist on establishing its own view of what is best
for the community. To be effective the Mayor will then have to find something to offer enough individual members of
council to secure a majority vote on the issues of his agenda. The trading that will take place will be done in private and
often times the public will only find out much later what constituted the components of "the deal".
In a Council-Manager (City Manager) form the Mayor would be a member of and essentially serve also as Chairman of
the Council as well as being the elected policy leader of the government. Assuming the Mayor is the only member of
council elected at large, he is the only member who will tend to start the discussion of an issue from the broader
perspective of the entire community. As in the other form he will still have to secure the support of a majority of Council to
advance his agenda and is still likely to support issues of importance to council members from single member districts to
accomplish that. The difference will be that under Florida's "sunshine laws " the Mayor will have to do that in the view of
the public, not in private. The other difference is that the City Manager will also bring a community wide view to the
discussion because he serves at the pleasure of all members of council.
327
2. What do we want a Mayor to be "strong" about?
I would argue that no city wants a weak mayor. Everyone wants a strong leader. The question then is what talents do you
want the Mayor to have and in what areas do you want him/her to use those talents. I continue to believe that what is
lacking in many local governments is strong political leadership willing to take on the tough issues facing a community. I
find that particularly to be the case in county governments in Florida.
Structure matters. No structure guarantees success, but I continue to believe that having a mayor who serves as both
the leader of city council and as the community's leader coupled with a professionally trained manager appointed by the
council who is responsible for the management of the government represents the best change for successful city and
county government in the 21st century.
3. How to make the Mayor a leader in a Council Manager government?
To be a successful leader the Mayor needs to have the power necessary to have his agenda seriously considered by
Council. Remember that in both forms of government the Mayor must have council support on his issues. Some
mistakenly believe that in a Mayor-Council (Strong Mayor) form of government the Mayor can ignore Council and simply
implement his/her agenda. Not so.
I suggest consideration of several provisions in the Charter of a Council-Manager government that will increase the
Mayor's chances for success:
-Set the salary of Mayor high enough to attract some of the best. The job is significantly more that a full time job. I
suggest setting it at 5 or 10% higher than the Sheriff to make it clear that the Mayor is the most important elected official in
the government.
-Give the mayor appointment powers over assignments given to Council members. Typically, a member of council serves
as a member of other organizations such as a regional planning council, port authority, etc. Give the Mayor complete
authority to appoint and remove the council member who serves in those assignments
-Give the Mayor appointment authority over council committee membership and chairmanships. Even if the Pensacola
City Council and the Escambia County Commission today do not operate with committees, it is likely that the size and
complexity of the consolidated government will require the use of committees.
4. Remember that the primary issue is consolidation
While my comments above have focused on form of government, as I said while in Pensacola, the primary issue is to end
up with one government that has a single legislative body and a single chief executive. In my judgment all of the other
issues pale by comparison. I encourage you to find ways to limit the number of changes you have to make from the
status quo in order to increase your chances for a successful "consolidation".
I wish all the members of the ECCSC much success in completing your work.
Dan Kleman

Sent: Monday, October 26, 2009 5:26 PM
Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown; Jimmy Cunningham; John Gormley; John Peacock; Michael
Hardin; Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon Barnett;
Stephen Moorehead; Tim Common
Cc: bill ross; Kleman, Dan
Subject: Emailing: Arguments%20for%20forms.pdf
Sacramento is debating the mayor/council versus council/manager issue. The attached info from the city’s website
should be helpful in our discussions tomorrow.
328
Ken Bell
From: Kleman, Dan [DKleman@coj.net]
To: Ken Bell; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed
Brown; Jimmy Cunningham; John Gormley; John Peacock; Michael Hardin; Norm Ross; Rev.
LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon
Cc: bill ross
Ken-
The following is provided in response to your request for any additional thoughts on the form of government question
facing the Escambia County Consolidation Study Commission (ECCSC). For easier review of the issue, I've attached this
email to the one you sent out that includes the pro and con discussion of form of government from Sacramento.
1. Relationship of the Executive to a single member district City Council
A council composed only of members having been elected from single member districts presents the challenge of how to
bring a community wide perspective to the consideration of city issues. The question will be who provides that broader
perspective.
In a Mayor-Council (Strong Mayor) form of government the Mayor will be the only official able to do that. However,
because the form is a separation of powers government, he will have to do it from the perspective of an outsider to
Council. I believe that will result in some level of conflict as council will insist on establishing its own view of what is best
for the community. To be effective the Mayor will then have to find something to offer enough individual members of
council to secure a majority vote on the issues of his agenda. The trading that will take place will be done in private and
often times the public will only find out much later what constituted the components of "the deal".
In a Council-Manager (City Manager) form the Mayor would be a member of and essentially serve also as Chairman of
the Council as well as being the elected policy leader of the government. Assuming the Mayor is the only member of
council elected at large, he is the only member who will tend to start the discussion of an issue from the broader
perspective of the entire community. As in the other form he will still have to secure the support of a majority of Council to
advance his agenda and is still likely to support issues of importance to council members from single member districts to
accomplish that. The difference will be that under Florida's "sunshine laws " the Mayor will have to do that in the view of
the public, not in private. The other difference is that the City Manager will also bring a community wide view to the
discussion because he serves at the pleasure of all members of council.
2. What do we want a Mayor to be "strong" about?
I would argue that no city wants a weak mayor. Everyone wants a strong leader. The question then is what talents do you
want the Mayor to have and in what areas do you want him/her to use those talents. I continue to believe that what is
lacking in many local governments is strong political leadership willing to take on the tough issues facing a community. I
find that particularly to be the case in county governments in Florida.
Structure matters. No structure guarantees success, but I continue to believe that having a mayor who serves as both
the leader of city council and as the community's leader coupled with a professionally trained manager appointed by the
council who is responsible for the management of the government represents the best change for successful city and
county government in the 21st century.
3. How to make the Mayor a leader in a Council Manager government?
To be a successful leader the Mayor needs to have the power necessary to have his agenda seriously considered by
Council. Remember that in both forms of government the Mayor must have council support on his issues. Some
329
mistakenly believe that in a Mayor-Council (Strong Mayor) form of government the Mayor can ignore Council and simply
implement his/her agenda. Not so.
I suggest consideration of several provisions in the Charter of a Council-Manager government that will increase the
Mayor's chances for success:
-Set the salary of Mayor high enough to attract some of the best. The job is significantly more that a full time job. I
suggest setting it at 5 or 10% higher than the Sheriff to make it clear that the Mayor is the most important elected official in
the government.
-Give the mayor appointment powers over assignments given to Council members. Typically, a member of council serves
as a member of other organizations such as a regional planning council, port authority, etc. Give the Mayor complete
authority to appoint and remove the council member who serves in those assignments
-Give the Mayor appointment authority over council committee membership and chairmanships. Even if the Pensacola
City Council and the Escambia County Commission today do not operate with committees, it is likely that the size and
complexity of the consolidated government will require the use of committees.
4. Remember that the primary issue is consolidation
While my comments above have focused on form of government, as I said while in Pensacola, the primary issue is to end
up with one government that has a single legislative body and a single chief executive. In my judgment all of the other
issues pale by comparison. I encourage you to find ways to limit the number of changes you have to make from the
status quo in order to increase your chances for a successful "consolidation".
I wish all the members of the ECCSC much success in completing your work.
Dan Kleman

Sent: Monday, October 26, 2009 5:26 PM
Montee; Gerald McKenzie; Janet Lander, Esq.; Jeremy Brown; Jimmy Cunningham; John Gormley; John Peacock; Michael
Hardin; Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John Veasley; Sharon Barnett;
Stephen Moorehead; Tim Common
Cc: bill ross; Kleman, Dan
Subject: Emailing: Arguments%20for%20forms.pdf
Sacramento is debating the mayor/council versus council/manager issue. The attached info from the city’s website
should be helpful in our discussions tomorrow.
330
Ken Bell
To: Timothy Parson
Cc: Ken Bell
We are requesting that the delegation maintain the deadline of Jan 15, 2010 or move the deadline to the
first date after Jan. 15, 2010 that meets their availability. The commission cannot complete their work any
faster than their current calander. I will send you a copy of the ECCSC calender by separate email.

Date: Thu, 5 Nov 2009 15:12:40 -0500
Bill,

Are you requesting that the delegation schedule the meeting to a date closer to the deadline of the 15th? Or are you
requesting that the legislature extend the deadline of the 15th one week further?

Timothy L. Parson
District 1
850-983-5550 (District)

To: Parson, Timothy
Cc: Ken Bell
Tim, sorry to be so long in responding, I've been out of town. The Commission is on a very tight schedule
and any move to shorten the schedule will severly impact their ability to complete their work. Can the
legislature extend the deadline one week.

Date: Fri, 30 Oct 2009 14:56:06 -0400
Hey Bill,

331
I am trying to go ahead and book a time that the delegation can reconvene for the purpose of hearing the final
consolidation plan prior to the January 15th deadline. Due to scheduled committee meetings in Tallahassee the week of
the 15th, I have requested dates the week prior. PJC says that the Amos performance studio that could televise the
meeting is available January 5th. Do you think that this date is good for the study group?

Timothy L. Parson
District 1
850-983-5550 (District)

Sent: Thursday, October 08, 2009 10:23 AM
To: Parson, Timothy
Cc: Ken Bell
Tim, thanks for your help and for the update. Remember Ken Bell expect his prepared remarks to be 15-
20 minutes in duration plus any time for questions from the legislative delegation. so two hours sounds
long unless delegation will have other items on the agenda.

Date: Thu, 8 Oct 2009 11:10:47 -0400
Bill,

I have just received confirmation that the Escambia County Legislative Delegation meeting will be held Wednesday,
November 18, 2009 from 6 p.m.‐8 p.m. at the Jean and Paul Amos Studio located on the campus of PJC. The meeting will
be televised and aired at a later date.

I am now working on arranging the meeting in January and will let you know when that date is scheduled.

Timothy L. Parson
District 1
850-983-5550 (District)

Sent: Tuesday, October 06, 2009 9:20 AM
To: Parson, Timothy
Tim, all we need now is to firm up the legislative session. Let me know if I can help in anyway, Bill
332
Date: Mon, 5 Oct 2009 10:27:13 -0500
Mr. Ross,
Thanks,
Shirley
Shirley Gafford
Program Coordinator
221 Palafox Place
Suite 420
P. O. Box 1591
Office: 850‐595‐4916
Fax: 850‐595‐3944

Hotmail: Powerful Free email with security by Microsoft. Get it now.
333
334
Ken Bell
From: Rick Finch [rick.finch@actitrainer.com]
Attachments: Voting Recommendations of Roads Recreation, Utilities, Special Districts and Authorities.doc
Gentlemen:



Regards‐

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796

www.actitrainer.com

335
Ken Bell
From: Kleman, Dan [DKleman@coj.net]
To: Enoch Leatherwood; bill ross
Cc: Ken Bell
Subject: RE: ECCSC
Thanks.
Dan Kleman
From: Enoch Leatherwood [mailto:eleatherwood1@cox.net]

To: bill ross
Cc: Kleman, Dan; kenbell@cphlaw.com
Subject: Re: ECCSC
Bill,
The documentation is OK and the check is being mailed today, 11/5/09.
Enoch
From: bill ross
To: Enoch Leatherwood
Subject: FW: ECCSC
Enoch, do you need any other documentation?
Subject: FW: ECCSC

Date: Wed, 4 Nov 2009 17:12:13 -0600
To: eleatherwood1@cox.net; billrosseccsc@live.com
CC: dkleman@coj.net
Enoch and Bill:
Please see that Dan is reimbursed his expenses ASAP! Thanks.
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond &
Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended
recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. Please
notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.
336
To: Ken Bell
Subject: RE: ECCSC
Ken-
Thx again for dinner and getting a chance to know you and Vickey.
I have been giving the form of government issue some more thought.
I will put my thoughts in writing no later than early Friday AM and ship them to you in an email.
In the meantime, I have prepared a statement of my expenses which is attached.

Please send reimbursement to my home address:
Dan Kleman
10109 Vineyard Lake Rd E
Jacksonville, FL 32256
Good luck with the Commission!
Dan

To: Kleman, Dan
Subject: ECCSC
Dan:
I hope you and your bride enjoyed you time at the Cape!
As a reminder, if you have the time, please give me your thoughts on the mayor-council/council-manager
issue given Escambia County’s unique single-member districts mandated by the federal voting rights
litigation. In other words, knowing that the council members will be elected from distinct districts (versus
at large), does this impact your viewpoint on the form of government question?
I appreciate all your help and insight. It was great getting to know you.
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
337
Ken Bell
From: Enoch Leatherwood [eleatherwood1@cox.net]
To: bill ross
Cc: dkleman@coj.net; Ken Bell
Subject: Re: ECCSC
Bill,
The documentation is OK and the check is being mailed today, 11/5/09.
Enoch
From: bill ross
To: Enoch Leatherwood
Subject: FW: ECCSC
Enoch, do you need any other documentation?
Subject: FW: ECCSC

Date: Wed, 4 Nov 2009 17:12:13 -0600
To: eleatherwood1@cox.net; billrosseccsc@live.com
CC: dkleman@coj.net
Enoch and Bill:
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond &
Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended
recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. Please
notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.

To: Ken Bell
Subject: RE: ECCSC
Ken-
338

Dan Kleman
Dan

To: Kleman, Dan
Subject: ECCSC
Dan:
As a reminder, if you have the time, please give me your thoughts on the mayor-council/council-manager
issue given Escambia County’s unique single-member districts mandated by the federal voting rights
litigation. In other words, knowing that the council members will be elected from distinct districts (versus
at large), does this impact your viewpoint on the form of government question?
Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com
339
Ken Bell
Subject: FW: ANOTHER DOCUMENT TO READ
Attachments: Home Rule in Florida.pdf
FYI
CC: jwhitfield@uwf.edu; judyburns@mchsi.com
Subject: ANOTHER DOCUMENT TO READ
Date: Mon, 2 Nov 2009 12:38:30 -0600
Bill. Please forward to the other commissioners.
Jennifer. Please post to the website.
Thanks,
CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617
340
Ken Bell
To: Timothy Parson
Cc: Ken Bell
Tim, sorry to be so long in responding, I've been out of town. The Commission is on a very tight schedule
and any move to shorten the schedule will severly impact their ability to complete their work. Can the
legislature extend the deadline one week.

Date: Fri, 30 Oct 2009 14:56:06 -0400
Hey Bill,

I am trying to go ahead and book a time that the delegation can reconvene for the purpose of hearing the final
consolidation plan prior to the January 15th deadline. Due to scheduled committee meetings in Tallahassee the week of
the 15th, I have requested dates the week prior. PJC says that the Amos performance studio that could televise the
meeting is available January 5th. Do you think that this date is good for the study group?

Timothy L. Parson
District 1
850-983-5550 (District)

Sent: Thursday, October 08, 2009 10:23 AM
To: Parson, Timothy
Cc: Ken Bell
Tim, thanks for your help and for the update. Remember Ken Bell expect his prepared remarks to be 15-
20 minutes in duration plus any time for questions from the legislative delegation. so two hours sounds
long unless delegation will have other items on the agenda.

Date: Thu, 8 Oct 2009 11:10:47 -0400
341
Bill,

I have just received confirmation that the Escambia County Legislative Delegation meeting will be held Wednesday,
November 18, 2009 from 6 p.m.‐8 p.m. at the Jean and Paul Amos Studio located on the campus of PJC. The meeting will
be televised and aired at a later date.

I am now working on arranging the meeting in January and will let you know when that date is scheduled.

Timothy L. Parson
District 1
850-983-5550 (District)

Sent: Tuesday, October 06, 2009 9:20 AM
To: Parson, Timothy
Tim, all we need now is to firm up the legislative session. Let me know if I can help in anyway, Bill
Date: Mon, 5 Oct 2009 10:27:13 -0500
Mr. Ross,
Thanks,
Shirley
Shirley Gafford
Program Coordinator
221 Palafox Place
Suite 420
P. O. Box 1591
Office: 850‐595‐4916
Fax: 850‐595‐3944

342
343
Ken Bell
From: Ken Bell
To: Enoch Leatherwood; bill ross
Cc: dkleman@coj.net
Subject: FW: ECCSC
Attachments: ECCSC Travel Expenses.doc
Enoch and Bill:


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

To: Ken Bell
Subject: RE: ECCSC

Ken-

Dan Kleman
Dan

To: Kleman, Dan
Subject: ECCSC

Dan:

344

As a reminder, if you have the time, please give me your thoughts on the mayor‐council/council‐manager issue given
Escambia County’s unique single‐member districts mandated by the federal voting rights litigation. In other words,
knowing that the council members will be elected from distinct districts (versus at large), does this impact your
viewpoint on the form of government question?


Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

345
Ken Bell
From: Ken Bell
Subject: Re: `Consolidated Charter, November 4th Draft. docx
I may be 30 minutes late. Don't give up on me but proceed if Ed shows.

To: Ken Bell; edfleming@pensacolalaw.com <edfleming@pensacolalaw.com>
CC: bill ross <billrosseccsc@live.com>
Sent: Tue Nov 03 17:15:37 2009
Subject: `Consolidated Charter, November 4th Draft. docx

This is what we have so far. Nothing has actually been voted on by the ECCSC. We can talk
about this at tomorrow's meeting .
346
Ken Bell
Cc: bill ross
Subject: `Consolidated Charter, November 4th Draft. docx
Attachments: Consolidated Charter, November 4th Draft. docx.pdf
This is what we have so far. Nothing has actually been voted on by the ECCSC. We can talk about this at tomorrow's
meeting .
347
Ken Bell
Cc: bill ross
Subject: agenda for 11 4 drafting subcommittee meeting
Attachments: agenda for 11 4 drafting subcommittee meeting.pdf
This is for tomorrow's meeting.
348
Ken Bell
From: Ken Bell
To: Rick Finch
Cc: bill ross
Subject: Committee Recommendations needing a vote
Rick:

I may have missed it, but I cannot find your list of your committee’s recommendations that we need to vote on as a
commission next week. Please send this ASAP or re‐send it to me if you have sent it but I missed it.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

349
Ken Bell
From: Ken Bell
Cc: bill ross
Attachments: 11.10 Commission vote after committee reports.doc
Here is a very rough, cut‐n‐paste version of the committee recommendations we will need to vote on. I will polish this
up before th Commission meeting. I send this only to assist in our drafting a plan. I look forward to our meeting
tomorrow at 2.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

350
Ken Bell
To: John Peacock; Jeremy Brown; Richard Stone; Doris Harris
Cc: billrosseccsc@live.com; Ken Bell; Jen Whitfield
Subject: scheduled FED meeting cancelled for tonight
I have to go to Tallahassee this afternoon for legislative testimony early tomorrow and need to cancel tonight’s FED
subcommittee meeting.

I apologize for the inconvenience. Jen – will you please adjust the website message to reflect this cancellation?

Thanks,

Rick

Rick Harper, Ph.D.
Director

Bldg 53, Rm 230
Pensacola, FL 32514

850.474.2657 (office)
850.341.8908 (cell)
850.474.3174 (fax)

351
Ken Bell
From: Ken Bell
To: 'Christopher J. Lewis'
Cc: 'bill ross'
Subject: RE: FUTURE MEETING LOCATIONS
C.J.
You are doing a great job on this! Since UWF is recording, do we want to think about doing the 1/5 hearing at UWF?
They would not have to travel so much. You are free to decide. I approve either your original approach or my
modification. Again, thanks!
Ken

From: Christopher J. Lewis [mailto:cjlewis0202@bellsouth.net]
To: Ken Bell
Cc: Enoch Leatherwood; Bill Ross
Subject: FUTURE MEETING LOCATIONS

Ken,
I’m thinking of nicely asking Norm if we can again use his school board facility for the December meeting.
I’ve spoken with New World Landing for the 1/5 (12-5) and 1/12 (5:30-9) meetings. Both dates are open. The
cost would be $150 for each date. With your approval I’d like to lock down those New World Landing dates.
Aside from the plentiful parking this site will make it easy for city and county leaders to show up.
As soon as you say “OK” I’ll do the deed with New World Landing and also “reach out” to Norm for his help
with the 12/8 meeting.
S/F, CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

352
Ken Bell
To: Ken Bell
Subject: Fw: Questions about Consolidated City-County Government
FYI. Please compare the questions I asked to the answers I received. More about this at the drafting subcommittee mtg.
From: Mullaney, Rick
To: Janet Lander
Sent: Thursday, October 29, 2009 4:03 PM
Subject: RE: Questions about Consolidated City-County Government
Janet, I hope I can be of help. Two of the defining characteristics of consolidated government are centralized
financial authority and centralized legal services. It is my recommendation that you have a public law office (it
is the general counsel’s office in Jacksonville) that provides legal services to all entities of your new
consolidated government, including all constitutional officers. Also, all entities of the new consolidated
government should submit their budgets to the city council, including the constitutional officers. This is
fundamental to consolidated government.
I predict the constitutional officers will not like it. For over 40 years, most constitutional officers have not liked
it in Jacksonville either. In fact, in the earlier years, we had litigation with the Clerk and challenges with others
in subsequent years. But it is an important part of making this work.
This (central financial authority and legal services) also applies to what you may call special districts, which we
call independent authorities, such as public airports, seaports, utilities, housing authorities, etc. Again, I
recommend centralized financial authority and centralized legal services.
For a current discussion of these issues and other issues relating to consolidated government on line, see
metrojacksonville.com.
I hope this helps and feel free to call anytime. Rick Mullaney.

Sent: Wednesday, October 28, 2009 12:48 PM
To: Mullaney, Rick
Subject: Questions about Consolidated City-County Government
Dear Mr. Mullaney,
I am currently serving as a member of the Escambia County Consolidation Study Commission. Until 2008, I was the
County Attorney for Escambia County. Former Florida Supreme Court Justice Bell and I serve on the Drafting
Subcommittee Your name has been given to me by former Justice Bell as a resource for legal matters relating to
consolidation so I hope that you don't mind my contacting you.
I have been trying to work through the following questions:
What would be the relationship of the Council to the Constitutional Officers if they all remain independent of charter
government.
353
The Clerk of the Court would of course continue his court functions but the current role he plays as clerk to the Board,
auditor and comptroller pursuant to the Florida Constitution and Florida Statutes seems to be problematic. Can the Clerk
of the Court continue in this role if the voters approve a consolidated city county government assuming both parties are
willing to have the Clerk continue in this role.
Next, if the Sheriff remains an independent constitutional officer, will the Council have the option of expanding what used
to be the municipal police department to provide law enforcement services to the entire consolidated area with or without
the Sheriff's consent? Alternatively, must the Council contract with the Sheriff for provision law enforcement services or
does the Sheriff provide them automatically in the absence of a "municipal " police department?
Next, as to the Sheriff and the Supervisor of Elections, would the Council play any role in the approval of their annual
budgets? Would the Council still fund the Sheriff for operating the jail and providing court security and perhaps for the
provision of law enforcement services for the citizens of the consolidated government? What about the Supervisor of
Elections?
Finally, would the Tax Collector and the Property Appraiser continue to submit their budgets to the Council or just to the
Department of Revenue? And, would they still return excess revenues to the Council's General Fund?
Any thoughts that you are willing to share would be appreciated.
Sincerely,
Janet Lander
Janet Lander, PA
6706 North 9th Ave.
Bldg. C Suite 7
Pensacola, FL 32504
354
Ken Bell
To: Ken Bell
Cc: Enoch Leatherwood; Bill Ross
Subject: FUTURE MEETING LOCATIONS
Ken,
I’m thinking of nicely asking Norm if we can again use his school board facility for the December meeting.
I’ve spoken with New World Landing for the 1/5 (12-5) and 1/12 (5:30-9) meetings. Both dates are open. The
cost would be $150 for each date. With your approval I’d like to lock down those New World Landing dates.
Aside from the plentiful parking this site will make it easy for city and county leaders to show up.
As soon as you say “OK” I’ll do the deed with New World Landing and also “reach out” to Norm for his help
with the 12/8 meeting.
S/F, CJ

5941 Greenwood Lane
Pensacola, FL 32504
(850) 476-0617

355
Ken Bell
From: Ken Bell
To: bill ross; C.J. Lewis; Charles L. Scott, Sr.; Clarry Ellis; Doris Harris; Dr. Rick Harper; Ed
Brown; Jimmy Cunningham; John Gormley; John Peacock; Judy Burns; Michael Hardin;
Norm Ross; Rev. LuTimothy May; Richard Stone; Rick Finch; Rusty Tanner; SDr. John
Subject: Reminder re Recommendations from Committees and SAC needing vote
This is a reminder to all committee chairs that I need you to get to me a list of the recommendations you and your SACs
have made that the Commission will need to vote on at our next meeting on Nov. 10. I have received about half of the
responses I need. If you have sent yours to Bill Ross already, please send it to me again. If you have not sent this yet,
please do so ASAP. Thanks.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

356
Ken Bell
From: Ken Bell
To: bill ross
Subject: RE: Airport & Port Authorities
This does not have to be an emergency matter, but it is certainly something that should be addressed by the
Commission and I do not know what other committee would handle. I would at least give them until the December
meeting to report on this. And, apologize for any part I may have played in not making it clear that “special authorities”
included the airport and the port.

Kenneth B. Bell
Pensacola, FL 32502
T: 850.434.9200 F: 850.432.7340
kenbell@cphlaw.com

Sent: Friday, October 30, 2009 11:43 AM
To: Ken Bell
Subject: FW: Airport & Port Authorities
Should I ask him to have a special meeting?

Subject: RE: Airport & Port Authorities

Date: Fri, 30 Oct 2009 10:08:31 -0500
From: rick.finch@actitrainer.com
The Airport and Port authorities were not listed in our recommendations and were not a part of our discussions. If I
need to call an emergency meeting of my committee to discuss these issues prior to our November Commission
meeting, then I will certainly attempt to make it happen. Just check with the Chairman and let me know‐

Thanks‐

Rick W. Finch
15 W. Main Street
Pensacola, FL 32502
Ph: 850.332.7900 ext.101
Fax: 850.332.7904
Cell: 850.512.9796
357

www.actitrainer.com

Sent: Friday, October 30, 2009 9:35 AM
To: Rick Finch
Cc: Ken Bell
Subject: Airport & Port Authorities
Rick, did your committee take a position on these two major functions? Should the Commission authorize
a "Transportation Authority" to oversee and manage both? Others?
Please include your answer with your input to Ken on other recommendations. Thanks, Bill
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ECCSC Bell Lander Fleming Emails, Nov1-Dec16

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Ken Bell

From: Ken Bell

Will do, and thank you very much.

From: Ken Bell [mailto:kenbell@cphlaw.com]

Good morning Justice Bell,

For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800

Good Morning Mr. Ross,

--- On Tue, 12/15/09, bill ross <billrosseccsc@live.com> wrote:

From: bill ross <billrosseccsc@live.com>

Bill Ross billrosseccsc@live.com Office 850-436-5607 Home 850-455-6685

Hotmail: Free, trusted and rich email service. Get it now.

For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800

Good Morning Mr. Ross,

--- On Tue, 12/15/09, bill ross <billrosseccsc@live.com> wrote:

Bill Ross billrosseccsc@live.com Office 850-436-5607 Home 850-455-6685

Hotmail: Free, trusted and rich email service. Get it now.

For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800

Good Morning Mr. Ross,

--- On Tue, 12/15/09, bill ross <billrosseccsc@live.com> wrote:

From: bill ross <billrosseccsc@live.com>

Hotmail: Free, trusted and rich email service. Get it now.

For your review.

Date: Wed, 16 Dec 2009 05:42:10 -0800

Good Morning Mr. Ross,

--- On Tue, 12/15/09, bill ross <billrosseccsc@live.com> wrote:

From: bill ross <billrosseccsc@live.com>

Bill Ross billrosseccsc@live.com Office 850-436-5607 Home 850-455-6685

Hotmail: Free, trusted and rich email service. Get it now.

Judge Bell and Ed,

Judge Bell and Ed,

The provisions Fla. Const. art. VIII, § 1(d) provide as follows:

I hope you find the above useful.

From: Janet Lander [mailto:janet@janetlanderlaw.com]

Your assistance as soon as possible would be most appreciated.

The provisions Fla. Const. art. VIII, § 1(d) provide as follows:

I hope you find the above useful.

From: Janet Lander [mailto:janet@janetlanderlaw.com]

Your assistance as soon as possible would be most appreciated.

The provisions Fla. Const. art. VIII, § 1(d) provide as follows:

I hope you find the above useful.

From: Janet Lander [mailto:janet@janetlanderlaw.com]

Your assistance as soon as possible would be most appreciated.

Anyway, take a look at it and see what you think.

Two other points:

The provisions Fla. Const. art. VIII, § 1(d) provide as follows:

I hope you find the above useful.

From: Janet Lander [mailto:janet@janetlanderlaw.com]

Your assistance as soon as possible would be most appreciated.

Anyway, take a look at it and see what you think.

Two other points:

The provisions Fla. Const. art. VIII, § 1(d) provide as follows:

I hope you find the above useful.

From: Janet Lander [mailto:janet@janetlanderlaw.com]

Your assistance as soon as possible would be most appreciated.

Your assistance as soon as possible would be most appreciated.

Christopher J. "CJ" Lewis

From: Ken Bell [mailto:kenbell@cphlaw.com]

Thank you for the invitation. I look forward to it!

From: Ken Bell [mailto:kenbell@cphlaw.com]