Agenda

1.

Call to Order.

Please turn your cell phone to the vibrate, silence, or off setting.

The Board of County Commissioners allows any person to speak regarding an item on the Agenda. The speaker is limited to three (3) minutes, unless otherwise determined by the Chairman, to allow sufficient time for all speakers. Speakers shall refrain from abusive or profane remarks, disruptive outbursts, protests, or other conduct which interferes with the orderly conduct of the meeting. Upon completion of the Public comment period, discussion is limited to Board members and questions raised by the Board.

2.

Invocation – Commissioner Bergosh.

3.

Pledge of Allegiance to the Flag.

4.

Are there any items to be added to the agenda?

Recommendation: That the Board adopt the agenda as prepared (or duly amended).

5.

Commissioners’ Forum.

6.

16365

Proclamations.

Recommendation: That the Board take the following action:

A. Adopt the Proclamation recognizing and congratulating Mrs. Linda Warrick for receiving the 2019 Community Advocate Volunteer of the Year Award, from the State of Florida Office of Attorney General;

and

B. Adopt the Proclamation recognizing and commending the "Blue Angels" for their dedication, leadership, and service to our community, our country, and the Armed Forces.

7.

16252

Retirement Proclamations

Recommendation: That the Board adopt the following Retirement Proclamations:

A. The Proclamation commending and congratulating Anthony D. Ford, Equipment Operator III, Public Works Department, Roads Division, on 18 years of dedicated service;

B. The Proclamation commending and congratulating David "Glenn" Hunter, Systems Analyst, Information Technology Department, Application Division, on 17 years of dedicated service;

C. The Proclamation commending and congratulating Roger L. Lastinger II, Corrections Sergeant, Corrections Department, Detention Division, on 25 years of dedicated service; and

D. The Proclamation commending and congratulating Donald Vinyard, Field Supervisor, Public Works Department, Beach Division, on 35 years of dedicated service.

8.

Written Communication

A.

16274

May 29, 2019, communication from Kristopher E. Fernandez, P.A., Attorney at Law requesting lien relief for Bay to Gulf (owners) for property located at 20 E. Carver Drive.

Recommendation: That the Board review and consider the Lien relief request made by Kristopher E. Fernandez, attorney for owners, against 20 E. Carver Drive.

On August 21, 2014, the Board amended the "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board's behalf if set criteria are met.

After reviewing the request for forgiveness of liens, staff made the determination that the request does not fall within the criteria that would allow the County Administrator to act on the Board's behalf and grant relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

B.

16345

June 6, 2019, communication from Teri Nock concerning the Contractor Competency Board.

9.

Did the Clerk’s Office receive the proofs of publication for the Public Hearing(s) on the agenda and the Board’s Weekly Meeting Schedule?

Recommendation: That the Board waive the reading of the legal advertisement(s) and accept, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners – Escambia County, Florida, Meeting Schedule.

10.

16305

9:01 a.m. First of two Public Hearings to receive input on the designation of Atwood, Ensley, Oakfield, and Cantonment Community Redevelopment Areas as Brownfield Areas.

Recommendation: That the Board hold the first of two Public Hearings to receive input on the designation of Atwood, Ensley, Oakfield, and Cantonment Community Redevelopment Areas as Brownfield areas for the purposes of economic development and environmental rehabilitation.

11.

Reports:

CLERK & COMPTROLLER'S REPORT

Backup Not Included With The Clerk's Report Is Available For Review In
The Office Of The Clerk To The Board
Ernie Lee Magaha Government Building, Suite 110

I. Consent Agenda

1.

16348

Recommendation Concerning a Document Provided for Filing with the Board's Minutes

That the Board accept, for filing with the Board's Minutes, the 2019 Escambia County Health Facilities Authority Financial Statements, as provided to the Clerk to the Board's office by Virginia L. Yeagle, Administrator, Escambia County Health Facilities Authority.

2.

16292

Recommendation Concerning Minutes and Reports Prepared by the Clerk to the Board's Office

That the Board take the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office:

A. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session and the Report of the Gary Sansing Public Forum held June 6, 2019; and

B. Approve the Minutes of the Attorney-Client Session and the Regular Board Meeting held June 6, 2019.

GROWTH MANAGEMENT REPORT

I. Public Hearing

1.

16201

9:15 a.m. - A Public Hearing Concerning the Renewal of a Recycling Permit for an Asphalt/Concrete Crushing Recycling and Processing Facility located at 3300 Godwin Lane, Pensacola, FL, Bellview Site Contractors, Inc

That the Board of County Commissioners (BCC) review and approve, modify, or deny the renewal of a Recycling Permit for an existing asphalt/concrete crushing recycling and processing facility located at 3300 Godwin Lane, Pensacola, FL, owned by Bellview Site Contractors, Inc.

II. Action Item

1.

16186

Recommendation Concerning the Approval of the Comprehensive Plan Annual Report 2017/2018

That the Board review and recommend approval to the Board of County Commissioners (BCC) the 2017/2018 Comprehensive Plan Annual Report.

2.

16359

Recommendation Concerning Final Plat Los Suenos Permit # 19051563

That the Board take the following action concerning recording of Los Suenos (a 46 lot residential subdivision), located in the Weekley Bayou Community and lying east off Bauer Road, County Road 293 and north of Gulf Beach Highway, County Road 292A. Owner and Developer is Los Suenos Perdido, LLC. Prior to recording the County Surveyor and the Clerk of the Circuit Court must sign the Final Plat as set forth in Section 2-5.7, of the Escambia County Land Development Code; also, prior to recording the County Surveyor must sign the Final Plat as set forth in Chapter 177.081 (1) Florida Statute;

A. Approve the final plat for recording;

B. Approve the street names “Lulu Lane, Ryland Drive and Another Way”;

C. Accept all public easements, pond, drainage improvements within public easements as depicted on the final plat for permanent County maintenance; the cost of maintenance is to be funded through the establishment of a storm water management MSBU (Municipal Services Benefit Unit); and

D. Authorize the Chairman or Vice Chairman to execute a Two Year Warranty Agreement without Surety, for Streets and Drainage Improvements.

3.

16362

Recommendation Concerning Final Plat Rishwood Permit #1903704

That the Board take the following action concerning recording of Rishwood formerly known as Jackson Heights (a 34 lot private residential subdivision), situated in the Detailed Specific Area Plan (DSAP) Conservation Neighborhood and being located in the Cantonment/Farm Hill Community lying west off County Road 97 and north of W. Kingsfield Road also known as County Road 186. Owner and Developer is TH Rishwood (FL) 2018, LLC. Prior to recording the County Surveyor and the Clerk of the Circuit Court must sign the Final Plat as set forth in Section 2-5.7, of the Escambia Land Development Code; also, prior to recording the County Surveyor must sign the Final Plat as set forth in Chapter 177.081 (1) Florida Statute;

A. Approve the final plat for recording;

B. Approve the street name “Durant Lane”

ADDITIONAL BACKUP TO BE DISTRIBUTED UNDER SEPERATE COVER

COUNTY ADMINISTRATOR'S REPORT

I. Technical/Public Service Consent Agenda

1.

16269

Recommendation Concerning the Updated Escambia County Comprehensive Emergency Management Plan - John S. Dosh. Interim Public Safety Director

That the Board take the following action concerning the update to the Escambia County Comprehensive Emergency Management Plan (CEMP):

A. Approve and adopt by Resolution the CEMP as required by Florida Administrative Code R. 27P-6.006(11), and authorized by the Escambia County Code of Ordinances, Sec. 37-39;

B. Authorize the Chairman or Vice Chairman to sign the Resolution;

C. Approve the Promulgation Memorandum; and

D. Authorize the Chairman or Vice Chairman to initial the Promulgation Memorandum.

2.

16309

Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the 4th of July Fireworks Display presented by the Flora-Bama - Tim Tolbert, Building Official/Department Director

That the Board approve the following individual "Special Event Permit Application" for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance regarding Perdido Key, allowing the number of sound decibels to exceed 70 dbA (sound level measured by taking four sound readings over a continuous 15 minute period, with the four readings taken at approximately equal intervals at or within the property boundary of the receiving land use) for the Flora-Bama 4th of July Fireworks Display, to be launched from a platform on the beach on the southside of the Flora-Bama on July 4, 2019, from 9:00 p.m., to 9:30 p.m.

3.

16333

Recommendation Concerning Approval of the Cooperative Agreement with the Escambia County School Board Relating to Educational Services for Juvenile Inmates at the Escambia County Jail - William R. Powell, Director of Corrections

That the Board take the following action concerning the Cooperative Agreement with the Escambia County School Board relating to educational services for juvenile inmates at the Escambia County Jail:

A. Approve the Cooperative Agreement with the Escambia County School Board; and

B. Authorize the Chairman to sign the Agreement.

4.

16308

Recommendation Concerning an Appointment by the Mayor of the City of Pensacola to the Escambia County Mass Transit Advisory Committee - Matt Coughlin, Interim County Administrator

That the Board acknowledge for the Official Record the Mayor of the City of Pensacola's appointment of Blair V. Castro to the Escambia County Mass Transit Advisory Committee, to serve a term to run concurrently with the Mayor's, effective May 24, 2019, through November 1, 2022.

5.

16289

Recommendation Concerning the Request for Disposition of Property for the Animal Services Department - John Robinson, Building Services Division Manager

That the Board approve the Request for Disposition of Property Form for the Animal Services Department, for property which is described and listed on the Form, within reason for disposition stated. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or disposed of properly.

6.

16184

Recommendation Concerning the Scheduling of a Public Hearing Regarding an Amendment of Ordinance 2001-6, Section 42-310 (a) (9) - Joy Jones, P.E., Engineering Department Director

That the Board authorize the scheduling of a Public Hearing on July 18, 2019, at 9:02 a.m., to consider an Amendment of Ordinance 2001-6, Section 42-310 (a) (9) to include “dechlorinated” pool “and spa” water.

7.

16331

Recommendation Concerning the Scheduling of a Public Hearing for the Fire MSBU Assessment Rate Resolution - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on July 18, 2019, at 9:03 a.m., to consider approval of a Rate Resolution increasing the assessment in the Fire Municipal Services Benefit Unit (MSBU) on all properties in the unincorporated areas of Escambia County, with the exception of Santa Rosa Island.

8.

16046

Recommendation Concerning the Scheduling of a Public Hearing to Consider the Vacation of Unopened Rights-of-Way Between Navarro Road, San Carlos Road, West Plaza Road, and Santa Rosa Road - Joy Jones, P.E., Engineering Department Director

That the Board take the following action regarding a Petition to Vacate a Portion of Unopened Rights-of-Way between Navarro Road, San Carlos Road, West Plaza Road, and Santa Rosa Road, as petitioned by Robert E. Pierce:

A. Authorize the scheduling of a Public Hearing for August 1, 2019, at 5:31 p.m., to consider the Petition to Vacate a 60-foot unopened right-of-way running east and west alongside of, and adjacent to Lots 27, 28, 35, and 36, Block “B,” Pensacola Highlands, and a 20-foot unopened right-of-way running north and south alongside of, and adjacent to Lots 27, 28, 36, 37, 35 and the north 30 feet of Lot 34, Block “B” Pensacola Highlands (1.58 acres more or less), as petitioned by Robert E. Pierce; and

B. Require the Petitioner to notify all property owners within a 1000-foot radius.

The real property mentioned in this Petition to Vacate is located in Commission District 5.

9.

16033

Recommendation Concerning the Escambia County, Florida, Americans with Disabilities Act Title II Transition Plan - Joy Jones, P.E., Engineering Department Director

That the Board accept the provided Escambia County, Florida, Americans with Disabilities Act (ADA) Title II Transition Plan.

10.

16354

Recommendation Concerning Appointments by the Pensacola City Council to the Escambia-Pensacola Human Relations Commission - Matt Coughlin, Interim County Administrator

That the Board acknowledge for the Official Record the Pensacola City Council's appointments of Patrick Boudreaux, Ron Helms, and Joyce Hopson to the Escambia-Pensacola Human Relations Commission, and the appointment of the City Council's ex officio, Jewel Cannada-Wynn, all to serve a two-year term, expiring June 1, 2021.

II. Budget/Finance Consent Agenda

1.

16225

Recommendation Concerning the Agreement for the Funding of Court Personnel Between the First Judicial Circuit of Florida and Escambia County, Florida - Catherine A. White, Director of Case Management

That the Board take the following action concerning the Agreement for the Funding of Court Personnel Between the First Judicial Circuit of Florida and Escambia County, Florida:

A. Approve the Agreement for the Funding of Court Personnel Between the First Judicial Circuit of Florida and Escambia County, Florida; and

B. Authorize Chairman to sign the Agreement and any Amendments, requests for payment, or other related documents as may be required.

[The County agrees to provide funding for the existing Veterans Court Coordinator position through Court Innovation Article V, Local Option portion of the $65 Court Fee according to Florida Statute 939.185(1)(a); whereas the Court agrees to reimburse the County for salary and benefits not to exceed the amounts as outlined in Exhibit "A" of the Agreement.]

2.

16319

Recommendation Concerning the Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant Program – JAG Countywide Solicitation - Catherine A. White, Director of Case Management

That the Board take the following action concerning the Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant Program – JAG Countywide Solicitation:

A. Approve and authorize the Chairman to sign the Certificate of Participation;

B. Approve and authorize the Chairman to sign the 51% letter of support for the distribution of grant funding; and

C. Approve and authorize the Escambia County Attorney, Alison Rogers, to sign the Certification of Compliance with 8 U.S.C . §1373 and 1644 by Prospective Subrecipient: Recipient State subaward to a Local Government.

[The funds are made available through the Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant Program - JAG Countywide Solicitation for the period beginning October 1, 2019, and terminating September 20, 2020. There is no cost to the County.]

3.

16270

Recommendation Concerning the Fiscal Year 2019-2020 Detailed Work Plan Budget - Arthropod Control for the Mosquito Control Division - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board approve and authorize the Chairman to sign the Fiscal Year 2019-2020 Detailed Work Plan Budget - Arthropod Control for the Mosquito Control Division, in the amount of $34,480, to supplement Mosquito Control's budget to cover expenses such as overtime, training and chemicals, as a Grant from the Florida Department of Agriculture and Consumer Services.

[Funding: Fund 106, Mosquito and Arthropod Control, Cost Center 220703]

4.

16311

Recommendation Concerning the Standard Grant Agreement with the Florida Department of Environmental Protection for the Southwest Greenway Trail 5th Extension - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board take the following action concerning the Standard Grant Agreement (T1835) with the Florida Department of Environmental Protection (FDEP) relating to the Southwest Greenway Trail 5th Extension:

A. Approve the Grant Agreement between Escambia County and FDEP in the amount of $175,000, with a County match of $175,000, for the development of the Southwest Greenway Trail 5th Extension under FDEP's Recreational Trails Program; and

B. Authorize the Chairman to sign the Grant Agreement and subsequent Grant-related documents, such as no-cost time extensions, pending Legal review and sign-off.

NOTE: The County Attorney's Office has requested that the Board be made aware of the following language in
Paragraph 23., Compliance with Federal, State and Local Laws, item d. "Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement."

[Funding: Fund 110, Other Grants and Projects, Cost Center 221017, Recreational Trail SW Greenway. Matching Funds from Fund 353, LOST IV, Cost Center 220104, NRM Capital Projects, Project 19NR0859, Southwest Greenway, ADA Accessible Trails/Boardwalks – Matching Funds.]

5.

16172

Recommendation Concerning Grant Applications for the Florida Fish and Wildlife Conservation Commission Derelict Vessel Final Removal Funding Opportunity Program - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board approve and authorize the Director for the Department of Natural Resources Management to sign Grant Applications relating to the Florida Fish and Wildlife Conservation Commission (FWC) Derelict Vessel Final Removal Funding Opportunity Program, with local matching funds from Vessel Registration Fees, up to $10,000.

[Funding: Escambia County's cash match will be provided from Fund 110, Other Grants and Projects; Cost Center 220807, Vessel Registration Fees]

6.

16323

Recommendation Concerning an Agreement between First Judicial Circuit Court Administration and the Escambia County Board of County Commissioners for the Housing of Adult Post-Adjudicatory Drug Court Participants at the Community Corrections Work Release Facility in Escambia County, Florida - William R. Powell, Director of Corrections

That the Board take the following action concerning the Professional Services Agreement between First Judicial Circuit Court Administration and the Escambia County Board of County Commissioners, regarding the housing of adult post-adjudicatory drug court participants at the Community Corrections Work Release Facility:

A. Approve the Agreement between First Judicial Circuit Court Administration and the Escambia County Board of County Commissioners for the housing of adult post-adjudicatory drug court participants at the Community Corrections Work Release Facility; and

B. Authorize the Chairman to execute the Agreement.

[Funding: This Agreement is a Revenue Agreement related to Fund 114, Misdemeanor Probation, Revenue Account 349003]

7.

16304

Recommendation Concerning an Amended 51% Letter Regarding the Federal Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant Program-State Solicitation - William R. Powell, Director of Corrections

That the Board take the following action concerning an amended 51% letter regarding the Federal Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant Program-State Solicitation:

A. Approve the amended 51% letter of support regarding grant fund distribution; and

B. Authorize the Chairman to execute the amended 51% letter of support.

[The funds are made available through the Federal FY 2017 Edward Byrne Memorial Justice Assistance Grant Program-State Solicitation for the period beginning October 1, 2017 and terminating September 30, 2018. There is no cost to the County.]

8.

16299

Recommendation Concerning Authorization to Take Action Regarding Defaulted Contracts for Reimbursement of Training Expenses - William R. Powell, Director of Corrections

That the Board take the following action concerning authorization for legal action related to defaulted contracts for reimbursement of training expenses:

A. Authorize the County Attorney's Office to file a small claims case against Tanner Oliver, Lance McGinnis, and Mikeasha McNeil related to the default of their respective contracts for reimbursement of training expenses; and

B. Authorize the County Attorney's Office to prepare, and the Chairman to sign, all documents related to the aforementioned action.

9.

16268

Recommendation Concerning Amendments #015 and #016 to Agreement #A0150 Between Escambia County and Big Bend Community Based Care, Inc. - William R. Powell, Director of Corrections

That the Board take the following action concerning Amendments #015 and #016 to Agreement #A0150 with Big Bend Community Based Care, Inc:

A. Approve Amendment #015 to Contract #A0150. This Amendment changes the time frame for a written notice of contract termination from thirty (30) days to ninety (90) days;

B. Authorize the Chairman to sign Amendment #015 to Contract #A0150;

C. Approve Amendment #016 to Contract #A0150. This Amendment updates Exhibit B of the Agreement (Method of Payment) with additional invoice requirements; and

D. Authorize the Chairman to sign Amendment #016 to Contract #A0150.

[Funding: This Contract is a fixed rate Contract for a total of $43,971, for Fiscal Year 2018/2019]

10.

16061

Recommendation Concerning Supplemental Budget Amendment #147 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #147, Local Option Sales Tax Ill (LOST) Fund (352), in the amount of $17,625, to recognize the proceeds from the sale/auction of older, high-mileage vehicles that were purchased with LOST and to appropriate these funds back into LOST Project 08SH0018, for future vehicle/equipment purchases.

11.

16162

Recommendation Concerning Supplemental Budget Amendment #155 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #155, General Fund (001) and Local Option Sales Tax Ill (LOST) Fund (352), in the amount of $38,952, to recognize the Sheriffs off-duty officer, investigative costs, auto repairs, and miscellaneous reimbursements/fees ($32,197), and the proceeds from the sale/auction of older, high-mileage vehicle that were purchased with LOST ($6,755), and to appropriate these funds back into the Sheriffs Administrative Budget, to offset operational expenses and the LOST portion back into LOST Project 08SH0018, for future vehicle/equipment purchases.

12.

16287

Recommendation Concerning the Interfund Loan for the Creekwood and Creekwood Oaks Lift Station Improvements MSBU - Stephan Hall, Budget Manager, Management and Budget Services

That the Board take the following action concerning the interfund loan for the Creekwood and Creekwood Oaks Lift Station Improvements Municipal Services Benefit Unit (MSBU):

A. Approve an increase to the interfund loan from the Local Option Sales Tax (LOST) III Fund (352), to the MSBU Assessment Program Fund (177), in the amount of $62,488, to pay costs associated with improving the Creekwood and Creekwood Oaks Lift Station. The interfund loan will have a maximum repayment schedule of 20 years and be repaid from MSBU assessments; and

B. Adopt the Resolution approving Supplemental Budget Amendment #179, MSBU Assessment Program Fund (177), in the amount of $62,488, to recognize the proceeds of the interfund loan, and to appropriate these funds for the Creekwood and Creekwood Oaks Lift Station Improvements.

13.

16303

Recommendation Concerning the Change Order to Baskerville Donovan, Inc., for South Old Corry Field Road Bridge and Drainage Project - Joy Jones, P.E., Engineering Department Director

That the Board approve and authorize the Interim County Administrator to execute the following Change Order to Baskerville-Donovan, Inc., on Contract PD 02-03.79, Design Services for South Old Corry Field Road Bridge and Drainage Project:

Department:	Engineering
Division:	Construction Management
Type:	Addition
Amount:	$16,426.39
Vendor:	Baskerville Donovan, Inc.
Project Name:	South Old Corry Field Road Bridge and Drainage Project
Contract:	PD 02-03.79
PO#:	141356
CO#:	9
Original Award Amount:	$82,818.34
Cumulative Amount of Change Orders Through This CO:	$152,826.05
New Contract Total:	$235,644.39

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #13EN2382 - $8,000.14 and Fund 151, Community Redevelopment, Cost Center 370114 CRA Warrington, Object Code 56301 - $8,426.25]

This project is located in Commission District 2.

14.

16278

Recommendation Concerning a Change Order to Jehle-Halstead, Inc., for the South Old Corry Field Road Sidewalk and Drainage Improvement Project - Joy Jones, P.E., Engineering Department Director

That the Board approve and authorize the Interim County Administrator to execute the following Change Order to Jehle-Halstead, Inc., for the South Old Corry Field Road Sidewalk and Drainage Improvement Project:

Department:	Engineering
Division:	Construction Management
Type:	Addition
Amount:	$4,470.86
Vendor:	Jehle-Halstead, Inc.
Project Name:	South Old Corry Field Road Sidewalk and Drainage Improvement Project
Contract:	PD 02-03.79
PO#:	170720
CO#:	3
Original Contract Award:	$44,270.93
Cumulative Amount of Change Orders Through this CO:	$40,474.22
New Contract Amount:	$84,745.15