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THROUGH THESE DOORS WALK ONLY THE FINEST PEOPLE – THE CITIZENS OF ESCAMBIA COUNTY. DECISIONS ARE MADE IN THIS ROOM AFFECTING THE DAILY LIVES OF OUR PEOPLE. DIGNIFIED CONDUCT IS APPRECIATED.  
CHAMBER RULES
1. IF YOU WISH TO SPEAK, YOU WILL BE HEARD.
2. YOU MUST SIGN UP TO SPEAK. SIGN-UP SHEETS ARE AVAILABLE AT THE BACK OF THE ROOM.
3. YOU ARE REQUESTED TO KEEP YOUR REMARKS BRIEF AND FACTUAL.
4. BOTH SIDES ON AN ISSUE WILL BE GRANTED UNIFORM/MAXIMUM TIME TO SPEAK.
5. DURING QUASI-JUDICIAL HEARINGS (I.E., REZONINGS), CONDUCT IS VERY FORMAL AND REGULATED BY SUPREME COURT DECISIONS.
PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – January 5, 2017 – 5:30 p.m.
Ernie Lee Magaha Government Building – First Floor
 
             
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 Barry.
 
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. 11523   Proclamations.

Recommendation: That the Board take the following action:

A. Adopt the Proclamation commending and congratulating Kevin Blanchard, Engineering Technician, Development Services Department, on his selection as "Employee of the Month" for January 2017; and

B. Adopt the Proclamation expressing appreciation to Thomas G. "Tom" Turner for his four years of faithful and dedicated service and congratulating him on his retirement, effective January 13, 2017.
 
7.   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.
 
8. 11530   Committee of the Whole Recommendation.

Recommendation: That the Board take the following action, as recommended by the Committee of the Whole (C/W), at the December 15, 2016, C/W Workshop:

A. Approve adding the 2016-2017 FAC Legislative Priorities as a secondary part of Escambia County's priorities that are submitted to the Legislature, and amending the 2016-2017 FAC Legislative Priorities, Policies & Guiding Principles, with regard to Triumph Gulf Coast funds, to maintain the existing law that 75% of the funds come to Northwest Florida, and to ensure that Northwest Floridians make the decisions at the committee level or through Triumph Gulf Coast, and ask that funds are allowed to be used for economic development, infrastructure, and workforce development projects (C/W #7); and

B. Approve providing an incentive of $1,200 per year to employees who opt out of the County's health insurance, beginning January 1, 2018, and direct staff to look for a way the County can begin the incentive program in 2017 (C/W #8).
 
9.   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 130
 
  I.  Consent Agenda
 
1. 11517   Recommendation Concerning Acceptance of TDT Collection Data for the October 2016 Returns Received in November 2016

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the October 2016 returns received in the month of November 2016, as prepared by the Finance Department of the Clerk and Comptroller's Office; this is the second month of collections for the Fiscal Year 2017; total collections for the month of October 2016 returns was $771,342.21.31; this is a 13.51% increase over the October 2015 returns; total collections year to date are 10.36% more than the comparable time frame in Fiscal Year 2016.
 
2. 11518   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 held December 8, 2016;

B. Approve the Minutes of the Attorney-Client Session held December 8, 2016, at 2:45 p.m.;

C. Approve the Minutes of the Attorney-Client Session held December 8, 2016, at 3:45 p.m.; and

D. Approve the Minutes of the Regular Board Meeting held December 8, 2016.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 11503   Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on December 6, 2016

That the Board take the following action concerning the rezoning cases heard by the Planning Board on December 6, 2016:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendations for Rezoning Cases Z-2016-10, Z-2016-12, and Z-2016-13 or remand the cases back to the Planning Board; and
  2. Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning cases that were reviewed.
1. Case No.: Z-2016-10
Address: Beulah Road, 10035 Beulah Road, 10000 BLK Beulah Road, 10000 BLK Rebel Road
Property Reference No.: 06-1S-31-1101-006-001; 06-1S-31-1102-000-001; 06-1S-31-1102-000-000; 06-1S-31-1102-000-003
Property Size: 26.58 (+/-) acres
From: LDR, Low Density Residential district (four du/acre)
To: MDR, Medium Density Residential district (10 du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Joe Rector, Agent for John & Margarita Berry, Charles & Shirley Rettew, and John & Angela Russo, Owners
Planning Board Recommendation: Denial
Speakers: Dolly Gibbons, James LaClaire, Craig Gilmore, Wesley Jarman, Celena Jarman, Mary Mungall, Theresa Blackwell, Elizabeth Steck, Joe Rector
2. Case No.: Z-2016-12
Address: 599 Fairfield Drive
Property Reference: 12-2S-31-1403-000-004
Property Size: 1.15 (+/-) acres
From: HDR, High Density Residential district (18 du/acre)
To: Com, Commercial district (25 du/acre, lodging unit density not limited by zoning)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 1
Requested by: Wiley C. "Buddy" Page, Agent for Frederick and Dorothy Bousquest, Owners
Planning Board Recommendation: Approval
Speakers: Robert Heinicke, Susan Tan, Buddy Page
3. Case No.: Z-2016-13
Address: 6013 Hilburn Road
Property Reference: 29-1S-30-1504-000-000
Property Size: 1.52 (+/-) acres
From: HDR, High Density Residential district (18 du/acre)
To: Com, Commercial district (25 du/acre, lodging unit density not limited by zoning)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: Wiley C. "Buddy" Page, Agent for Shaun Romero, Owner
Planning Board Recommendation: Approval
Speakers: Buddy Page
 
2. 11504   5:45 p.m. A Public Hearing for Consideration for Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning cases heard by the Planning Board on December 6, 2016, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 11508   5:46 p.m. - Cancellation of a Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map, LSA-2016-03

That the Board of County Commissioners (BCC) cancel the 5:46 p.m. Public Hearing scheduled for transmittal to the Department of Economic Opportunity (DEO), an Ordinance amending the 2030 Future Land Use Map LSA-2016-03, 11975 Beulah Road, changing the Future Land Use category of a parcel within Section 34, Township 1N, Range 31W, Parcel Number 2101-000-001, totaling 93.01 (+/-) acres, located east of Isaacs Lane, from Industrial (I) to Mixed Use Suburban (MU-S).
 
4. 11509   5:47 p.m. - Cancellation of a Public Hearing Concerning the Review of an Ordinance Amending Chapter 6, Section 6-0.3 "Definitions", Subsection "I" and Subsection "S"

That the Board of County Commissioners (BCC) cancel the 5:47 p.m. Public Hearing scheduled for adoption, an Ordinance amending the Land Development Code (LDC) Chapter 6, Section 6-0.3 "Terms defined," subsection "I" by adding "Incompatible Development" and Subsection "S" by adding in "Spot Zoning" into the LDC.
 
5. 11507   5:48 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 8 of the Escambia County 2030 Comprehensive Plan - CPA-2016-02

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the 2030 Comprehensive Plan, Chapter 8, "Mobility Element", Policy MOB 4.2.6 "Encroachment Control Planning," to remove references to Navy Outlying Field Saufley Airport.

This hearing serves as the second of two public hearings.
 
6. 11510   5:49 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map, LSA-2016-02

That the Board of County Commissioners (BCC) review and adopt an Ordinance to the Escambia County Comprehensive Plan amending Chapter 7, "Future Land Use Element," Policy FLU 1.1.1, to provide for an amendment to the 2030 Future Land Use Map, changing the Future Land Use category of a parcel within Section 02, Township 2S, Range 31W, Parcel Number 3000-002-002 totaling 32 (+/-) acres, located between East Fence Road and Saufley Field Road, from Industrial (I) to Mixed-Use Suburban (MU-S).

This hearing serves as the second of two public hearings.
 
7. 11511   Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on October 4, 2016

That the Board take the following action concerning the rezoning case heard by the Planning Board on October 4, 2016:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendation for Rezoning Case Z-2016-08 or remand the case back to the Planning Board; and
  2. Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning case that were reviewed.
1. Case No.: Z-2016-08
Address: 5700 BLK Saufley Field Road
Property Reference No.: 02-2S-31-3000-002-002
Property Size: 32 (+/-) acres
From: HC/LI, Heavy Commercial and Light Industrial district (25 du/acre, lodging unit density not limited by zoning)
To: MDR, Medium Density Residential district (10 du/acre)
FLU Category: I, Industrial (MU-S, Mixed-Use Suburban if approved in previous agenda item)
Commissioner District: 1
Requested by: David Fitzpatrick, Agent for Todd Stafford, Owner
Planning Board Recommendation: Approval contingent upon FLU change approval
Speakers: Neil Zanthers, Glenna Bazinet, Richard Andres, James Dougherty, Roger Green, Sharon Erickson, Diane Wonderly, Steve Weston, Mary Harris, Virginia Barrett, Steven Barrett, Janet Weston, James Phillips, Todd Stafford, Charlene Dehart, David Fitzpatrick
 
8. 11512   5:50 p.m. - A Public Hearing for Consideration of Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning case heard by the Planning Board on October 4, 2016, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
9. 11513   5:51 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the LDC Chapter 3, Zoning Regulations and Chapter 6, Definitions

That the Board of County Commissioners (BCC) adopt an Ordinance amending the Land Development Code (LDC) Chapter 3, Zoning Regulations, Article 1, General Provisions, adding Section 3-1.4(J) "Compassionate Use of Low-THC Cannabis" as an Allowed Use; amending Article 2, Mainland Districts, and Article 4 Perdido Key Districts, adding "Low-THC Marijuana Dispensing Facilities" as a permitted use in specified districts; and amending Chapter 6, Definitions, to define necessary terms related to Low-THC Marijuana Dispensing Facilities.

This is the second of two required public hearings.
 
  II. Consent Agenda
 
1. 11515   Recommendation Concerning the Scheduling of Public Hearings

That the Board authorize the scheduling of the following Public Hearings:

A. January 19, 2017

1. 5:45 p.m. - A Public Hearing - Large Scale Map Amendment LSA-2016-04 - Escambia County Property (first of two public hearings)

B. February 2, 2017

1. 5:45 p.m. - A Public Hearing - Landscaping and Tree Protection Ordinance

2. 5:46 p.m. - A Public Hearing - 2500 Foot Public Notification Ordinance
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 11470   Recommendation Concerning the Request for Disposition of Property for the Public Safety Department - Michael D. Weaver, Public Safety Department Director

That the Board approve the three Request for Disposition of Property Forms for the Public Safety Department, for property which is described and listed on the Forms, with reasons 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.
 
2. 11458   Recommendation Concerning Speed Limit Modification on "W" Street - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the filing of a traffic restriction - speed limitation - per the requirements of Ordinance Number 2003-26, which authorizes the County Engineer to place restrictions on the movement of traffic on County roadways and streets:

A. Adopt the Resolution establishing the speed limit for the reduction in speed, from 45 miles per hour to 40 miles per hour on "W" Street from Massachusetts Avenue to West Fairfield Drive; and

B. Authorize the Chairman to sign the Resolution.

[Funding: Fund 175, Transportation Trust Fund, Cost Center 211201, Object Code 53401, for Sign Installations]
 
3. 11383   Recommendation Concerning the Conveyance of a Utility Easement and Deed to Emerald Coast Utilities Authority for Upgrades to Lift Station #56 - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of a utility easement and Deed to Emerald Coast Utilities Authority (ECUA):

A. Approve the 20-foot wide utility easement, which extends from Winding Lane to the lift station site at the northwest corner of Scenic Highway and Olive Road;

B. Adopt the Resolution authorizing the conveyance, by Deed, of the property that immediately surrounds the lift station area; and

C. Authorize the Chairman or Vice Chairman to sign the necessary documents granting the Utility Easement and Deed to ECUA.

[Funding source: All costs associated with accepting and recording of documents will be borne by ECUA]
 
4. 11489   Recommendation Concerning the CareerSource Escarosa Local Workforce Development Board Services Plan Addendum - Tonya Gant, Neighborhood & Human Services Department Director

That the Board approve and authorize the Chairman to sign the CareerSource Escarosa Local Workforce Development Board Services Plan Addendum. On November 4, 2016, the Department of Economic Opportunity (DEO) issued a memo requesting all Local Workforce Development Areas prepare and submit an addendum to their Local Workforce Development Area plans.
 
5. 11476   Recommendation Concerning the Scheduling of a Public Hearing to Consider Amending Provisions of the Escambia County Code of Ordinances Relating to Dangerous Dogs - Tim Tolbert, Building Official/Building Services Department Director

That the Board authorize the scheduling of a Public Hearing on Thursday, January 19, 2017, at 5:32 p.m., concerning the review of amendments to Code provisions relating to dangerous dogs: Chapter 10, Article I, Section 10-3. – Definitions; Chapter 10, Article I, Section 10-14. – Dangerous or Vicious Animals; and Chapter 10, Article I, Section 10-23. – Penalties.
 
6. 11492   Recommendation Concerning a Public Hearing Request for Fund Balance Carry-Forwards - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on January 19, 2017 at 5:31 p.m., to amend the Fiscal Year 2016/2017 Budget to include the fund balance carry-forwards.
 
7. 11526   Recommendation Concerning the Circuit One Juvenile Justice Circuit Advisory Board - Commissioner Lumon J. May, District 3

That the Board confirm the appointment of Tonya Gant, Neighborhood & Human Services Department Director, as Commissioner May's designee on the Circuit One Juvenile Justice Circuit Advisory Board, effective January 5, 2017, to run concurrently with Commissioner May's term of office or at his discretion.
 
  II.  Budget/Finance Consent Agenda
 
1. 11465   Recommendation Concerning a Change Order to the Purchase Order for Halcore Group, Inc., d/b/a Horton Emergency Vehicles - Michael D. Weaver, Public Safety Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order #2, to Halcore Group Inc., d/b/a Horton Emergency Vehicles, for the purchase for Emergency Medical Services:
Department: Public Safety Department
Division: EMS
Type: Addition
Amount: $27,298
Vendor: Halcore Group, Inc., d/b/a Horton Emergency Vehicles
Project Name: N/A
PO#: 151513
CO#: 2
Cost Center for CO: 330302
Original PO Amount: $719,992
Cumulative Amount of Change Orders through this CO: $62,037
New PO Total: $782,029

[Funding Source: Fund 408, Emergency Medical Services Fund, Cost Center 330302]
 
2. 11490   Recommendation Concerning Derelict Vessel Removal Grant Agreement with Florida Fish and Wildlife Conservation Commission - J. Taylor “Chips” Kirschenfeld, Director, Department of Natural Resources Management

That the Board approve and authorize the Chairman to sign the State of Florida, Florida Fish and Wildlife Conservation Commission (FWC) Agreement No. 16175 relating to the Derelict Vessel Removal Grant for Fiscal Year 2016-2017, which provides $7,650 Grant funding from FWC combined with Escambia County’s $2,550 cash match for a total cost of $10,200 to remove and dispose of the two eligible derelict vessels, based on price quotes that were obtained as required in the Grant Application.

Note: The County Attorney's Office has requested that the Board be made aware of the following language:

* Paragraph 30, SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE, (page 19 of 22), last sentence, "Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues."

* Paragraph 32, JURY TRIAL WAIVER, (page 19 of 22), "As part of the consideration of this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit."

[Funding Source: Fund 110, Other Grants and Projects, Cost Center to be determined at the time of Supplemental Budget Amendment. Match of in-kind services and cash match from Vessel Registration Fees]
 
3. 11491   Recommendation Concerning the Issuance of Purchase Orders in Excess of $50,000, for the Department of Natural Resources Management for Fiscal Year 2016/2017 - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board approve the issuance of cumulative Purchase Orders in excess of $50,000, based upon previously awarded Contracts, Contractual Agreements, or annual requirements, for the Department of Natural Resources Management for Fiscal Year 2016/2017, as follows:

Vendor Amount Contract Number
Blue Arbor, Inc $110,000 PD 14-15.041
Vendor Number: 023818
Temporary Employment Services
Funding: Multiple Funds/Cost Centers as Listed Below

[Funding Source: Fund 001, General Fund, Cost Centers 220100, 220701, 221001; Fund 101, Restricted Fund, Cost Centers 220310, 220334, 221018; Fund 102, Economic Development Fund, Cost Center 360704; Fund 108, Tourist Development Fund, Cost Centers 220805; Fund 110, Other Grants and Projects, Cost Centers 221011, 221021, 221026; Fund 118, Gulf Coast Restoration Fund, Cost Centers 222003, 222030, 222040]
 
4. 11482   Recommendation Concerning a Change Order #1 to Merritt Veterinary Supplies, Inc., #170700 - Tim Tolbert, Building Official/Building Services Director

That the Board approve and authorize the County Administrator to execute the following Change Order #1, to Merritt Veterinary Supplies, Inc., Vendor ID #133193, for the continued purchase of necessary Veterinary supplies and equipment.

Department Building Services
Division Animal Services
Type Addition
Amount $51,000
Vendor Merritt Veterinary Supplies, Inc., #133193
Purchase Order (PO) # 170700
Change Order (CO) # 1
Cost Center for CO 250202
Original PO Amount $49,000
Cumulative Amount of Change Orders $51,000
New PO Total $100,000
 
5. 11468   Recommendation Concerning the First Amendment to Memorandum of Agreement between Escambia County and the Humane Society of Pensacola, Florida, Inc. - Tim Tolbert, Building Official/Building Services Department Director

That the Board take the following action concerning the First Amendment to Memorandum of Agreement between Escambia County and the Humane Society of Pensacola, Florida, Inc.:

A. Approve the Amendment; and

B. Authorize the Chairman to sign the Amendment.

[Funding: Fund 001, General Fund, Cost Center 250205, Account 58201]
 
6. 11467   Recommendation Concerning Agreement for Equine Services between Escambia County and Panhandle Equine Rescue, Inc. - Tim Tolbert, Building Official/Building Services Department Director.

That the Board take the following action concerning the Agreement for Equine Services between Escambia County and Panhandle Equine Rescue, Inc.:

A. Approve the Agreement; and

B. Authorize the Chairman to sign the Agreement.

[Funding: Fund 001, General Fund, Cost Center 250205, Account 58201]
 
7. 11460   Recommendation Concerning Supplemental Budget Amendment #035 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #035, CDBG HUD Entitlement Fund (129), in the amount of $55,732, to recognize the remaining balance of the Voluntary Cleanup Tax Credits (VCTC), and to appropriate these funds into the current Fiscal Year 2017 Budget.
 
8. 11469   Recommendation Concerning Supplemental Budget Amendment #038 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #038, Mass Transit Fund (104) and Federal Transit Administration (FTA) Capital Projects Fund (320), in the amount of $125,538, to recognize the difference between what was budgeted and the funds actually received from the Florida Department of Transportation (FDOT) and the Federal Transit Administration (FTA), and to appropriate these funds for ADA Paratransit service and operating expenses associated with the Escambia County Area Transit System (ECAT).
 
9. 11494   Recommendation Concerning Supplemental Budget Amendment #040 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #040, Escambia Restricted Fund (101) in the amount of $763,118, to recognize the proceeds of an interfund loan from the Internal Service Fund (501) (as a Due to /Due from) as authorized at the 12/8/2016 Board Meeting, and to appropriate these funds to be used for the payment of the legal settlement associated with the Innerarity Island Development Corporation (IIDC).
 
10. 11459   Recommendation Concerning the State Road 292 (Gulf Beach Highway) Intersection Improvements Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board adopt and authorize the Chairman to sign the Resolution Requesting and Supporting an Amendment to the Florida Department of Transportation's Fiscal Year 2018-2022 Five-Year Work Program Relating to the SR 292 (Gulf Beach Highway) Intersection Improvements Project (Project #4406581).

[Funding: Construction Phase funds are available in two funds - Fund 352 "LOST III," ($312,929) and Fund 152 - Southwest Sector Community Redevelopment Agency (CRA) ($578,000); the County will be reimbursed the awarded State of Florida County Incentive Grant Program (CIGP) funds from FDOT, totaling $312,000, in Fiscal Year 2020]
 
11. 11475   Recommendation Concerning the SR 292 (Perdido Key Drive) Multi-Use Path Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board adopt and authorize the Chairman to sign the Resolution Requesting and Supporting an Amendment to the Florida Department of Transportation's Fiscal Year 2018-2022 Five-Year Work Program Relating to the SR 292 (Perdido Key Drive) Multi-Use Path Project (Project #4389082).

[Funding: The funding source for the Construction Phase advancement will be LOST IV; the County will be reimbursed the funds, totaling $2,246,000, from FDOT in Fiscal Year 2021]
 
12. 11484   Recommendation Concerning the Issuance of a Purchase Order to Emerald Coast Utilities Authority (ECUA) for the Innerarity Island Water System Improvement Project on Innerarity Island - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the issuance of a Purchase Order to Emerald Coast Utilities Authority (ECUA), in an amount not to exceed $580,000, for the Innerarity Island Water System Improvement Project on Innerarity Island.

[Funding Source: Fund 352 "LOST III," Cost Center 110211, Object Code 56301, Project No. 16PF3502]
 
13. 11483   Recommendation Concerning the Issuance of a Purchase Order on Contract PD 14-15.064, General Paving and Drainage Agreement - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the issuance of a Purchase Order on Contract PD 14-15.064, General Paving and Drainage Agreement to Roads, Inc. of NWF, in the amount of $231,407.49, for the Valkyry Way Drainage Improvement Project - Municipal Services Benefits Unit (MSBU).

[Funding Source: Fund 177, MSBU Assessment Program, Cost Center 142003 "Valkyry Way Drainage Improvement Project," Object Code 56301]
 
14. 11481   Recommendation Concerning Acceptance of a Special Warranty Deed and a Drainage Easement from Pine Brook Northwest Unplatted Subdivision- Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of a Special Warranty Deed and a Drainage Easement from Pine Brook Northwest Unplatted Subdivision:

A. Accept a Special Warranty Deed and a Drainage Easement from Pine Brook Northwest Unplatted Subdivision;

B. Authorize the payment of documentary stamps because the property is being donated for governmental use for drainage improvements and the county benefits from the acceptance of this property, which enhances the safety and well-being of the citizens of Escambia County;

C. Authorize the payment of incidental expenditures associated with the recording of documents; and

D. Authorize the Chairman or Vice Chairman to accept the Warranty Deed and Easement as of the day of delivery of the Easements to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

[Funding: Funds for incidental expenses associated with recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
15. 11480   Recommendation Concerning the Acceptance of an Encroachment Agreement from Gulf South Pipeline, LP, for the Dirt Road Paving and Drainage Improvements for Killam Road - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of an Encroachment Agreement from Gulf South Pipeline, LP, for the dirt road paving and drainage Improvements for Killam Road:

A. Accept the Encroachment Agreement from Gulf South Pipeline, LP, for dirt road paving and drainage Improvements for Killam Road;

B. Authorize the payment of incidental expenditures associated with the recording of documents; and

C. Authorize the Chairman or Vice Chairman to sign the Encroachment Agreement.

[Funding: Fund 352, "LOST III," Cost Center 210107, Object Code 56301, Project #08EN0068]
 
16. 11479   Recommendation Concerning the Acceptance of a Temporary Easement from International Paper Company for Muscogee Road (from CR 297A to US 29) Widening and Drainage Improvements - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of a Temporary Easement from International Paper Company for Muscogee Road (from CR 297A to US 29) Widening and Drainage Improvements:

A. Accept the donation of a Temporary Easement from International Paper Company for Muscogee Road (from CR 297A to US 29) Widening and Drainage Improvements;

B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for drainage improvements, and the County benefits from the acceptance of this property, which enhances the safety and well-being of the citizens of Escambia County;

C. Authorize the payment of incidental expenditures associated with the recording of documents; and

D. Authorize the Chairman or Vice Chairman to accept the Easement as of the day of delivery of the Easement to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

[Funding: Fund 352 "LOST III," Cost Center 210107, Project #09EN0115 "Muscogee Road"]
 
17. 11466   Recommendation Concerning the Acceptance of a Drainage Easement at 2061 Staff Drive - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of a drainage easement (1,091.66 square feet) located at 2061 Staff Drive from Jerry L. Alexander, Jr., and Christine Alexander:

A. Accept the donation of a drainage easement located at 2061 Staff Drive from Jerry L. Alexander, Jr., and Christine Alexander for drainage improvements;

B. Authorize the payment of documentary stamps considering the property is being donated for governmental use, for drainage improvements, and the County benefits from the acceptance of this property which enhances the safety and well-being of the citizens of Escambia County;

C. Authorize the payment of incidental expenditures associated with the recording of documents; and

D. Authorize staff to prepare, and the Chairman or Vice Chairman to accept the Easement, subject to Legal review and sign-off, as of the day of delivery of the Easement to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

[Funding: Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by Escambia County Clerk's Office]
 
18. 11464   Recommendation Concerning the Florida Department of Transportation Section 5311 Program Grant Application - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation (FDOT) Grant Application for U.S.C. Section 5311 funding (Federal Transit Administration [FTA] non-urbanized funding), to be used by Escambia County Area Transit (ECAT) and Escambia Community Transportation Coordinator (CTC) for non-urbanized areas of Escambia County, including operation of the fixed route to the Town of Century.

A. Adopt the Resolution authorizing Escambia County to apply for and accept certain Grant awards made by FDOT and by the FTA Act of 1964; and

B. Authorize the Chairman to execute the Resolution and all other required documents pertaining to acceptance and expenditure of grant funds, including notification of funding and electronic document filing, pending Legal approval, without further action of the Board.

[Funding: Section 5311 funding requires a 50% match for operating costs for rural areas. These funds will be included in the ECAT Fiscal Year 2017/2018 Budget. (Currently, ECAT operates the Town of Century Route (Route 60) with no Grant reimbursement. If the funds are awarded, the ECAT budget for the operations of this route would be reduced by 50%.)]
 
19. 11462   Recommendation Concerning the Florida Department of Transportation Section 5310 Program Grant Application - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation (FDOT) Grant Application for Section 5310 funding and Federal Transit Administration (FTA) urbanized area funding to be used by Escambia County for the purchase of three Americans with Disabilities Act of 1990 (ADA) buses:

A. Adopt the Resolution authorizing Escambia County to apply for and accept certain grant awards made by the Florida Department of Transportation (FDOT) and by the Federal Transit Administration (FTA) Act of 1964; and

B. Authorize the Chairman or Vice Chairman to execute the Resolution and all other required documents pertaining to acceptance and expenditure of grant funds, including notification of funding and electronic document filing, pending Legal approval, without further action of the Board.

[Funding: Escambia County is required to provide a 10% match for Section 5310 Capital Awards ($22,500). These funds will be included in the Escambia County Area Transit (ECAT) Fiscal Year 2017/2018 Budget]
 
20. 11393   Recommendation Concerning Killam Road Dirt Road Paving and Drainage Improvements - Claudia Simmons, Manager, Office of Purchasing

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Site and Utility, LLC, per the terms and conditions of PD 16-17.002, Killam Road Dirt Road Paving and Drainage Improvements, in the amount of 1,015,163.25.

[Funding: Fund 352, LOST III, Cost Center, 210107, Object Code 56301, Project Number 08EN0068]
 
21. 11392   Recommendation Concerning McNeal and Thompson Dirt Road Paving - Claudia Simmons, Manager, Office of Purchasing

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Roberson Excavation, Inc., per the terms and conditions of PD 16-17.001, McNeal and Thompson Dirt Road Paving, in the amount of $2,143,727.12.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project Number 08EN0068]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 11500   Recommendation Concerning the Memorandum of Agreement among the Department of the Navy, Escambia County, Florida, the Florida Department of State, Division of Historical Resources, and the Advisory Council on Historic Preservation Regarding Transfer of Naval Outlying Field Site 8

That the Board authorize the Chairman to execute the Memorandum of Agreement among the Department of the Navy, Escambia County, Florida, the Florida Department of State, Division of Historical Resources, and the Advisory Council on Historic Preservation regarding the transfer of Naval Outlying Field Site 8.
 
2. 11529   Recommendation Concerning the Infrastructure Maintenance Real Estate Disclosure Ordinance

That the Board take the following action:

A. Direct staff to take to the Planning Board on February 7, 2017, an amendment to the Land Development Code (LDC) ordinance amending Chapter 2, Article 5 "Subdivision," Section 2-5.7 "Final Plats," establishing a requirement for an infrastructure maintenance real estate disclosure; and

B. Authorize the scheduling of a Public Hearing on the Code of Ordinances for February 16, 2017 at 5:32 p.m. for consideration of adopting an ordinance amending Chapter 86, Article V, "Disclosure Regarding Abutting Roadways," Sections 86-161 through 86-170, adding a requirement that all infrastructure maintenance responsibilities in new subdivisions be disclosed by sellers prior to closing; and

C. Authorize the scheduling of a Public Hearing on the Land Development Code for February 16, 2017 at 5:33 p.m. for consideration of adopting an ordinance amending Chapter 2, Article 5 "Subdivision," Section 2-5.7 "Final Plats," establishing a requirement for an infrastructure maintenance real estate disclosure.
 
3. 11521   Recommendation Concerning HESI/Transocean Punitive Damages & Assigned Claims Settlements Form

That the Board take the following action:

A. Approve the HESI/Transocean Punitive Damages & Assigned Claims Settlements Form; and

B. Ratify the execution of the form by the County Administrator.
 
  II. For Information
 
1. 11519   Recommendation Concerning Technical Assistance Advisement (TAA) 16A-020 relating to sales and use tax liability for fees paid by the library café concessionaire

That the Board accept the following information concerning TAA 16A-020 from the Florida Department of Revenue (DOR) relating to sales and use tax liability for fees paid by the library café concessionaire:

On July 19, 2016, the County entered into an agreement with Solo Caffe for the provision of food and drink concessionaire services within the Downtown Main Library Facility. Per the terms of the agreement, the concessionaire will pay the County a monthly fee equal to a percentage of the net sales, which is defined as gross sales less applicable sales taxes.

On October 12, 2016, the County Attorney’s Office requested a TAA from the Florida DOR's Technical Assistance and Dispute Resolution Division to determine whether the DOR would consider the monthly fee paid pursuant to the agreement taxable as payment for a license to use space. The County asserted that the agreement was not taxable where the fees would be paid as consideration for an exclusive license to provide a service, and if construed as a monthly lease payment, the fees would be exempt from sales tax where the food and drink concessionaire services are provided within the premises of a publicly owned recreational facility pursuant to §212.031(1)(a)(10), Florida Statutes.

In response, on December 12, 2016, the DOR issued a TAA concluding that the monthly fee paid to the County is exempt from sales and use tax where the County’s public library facility qualifies as a publicly owned recreational facility as defined by statute.
 
2. 11520   Recommendation Concerning Wells Fargo Bank, N.A. v. Fred Martin, et al.; Case No. 2015 CA 000288

That the Board accept the following information in the matter of Wells Fargo Bank, N.A. v. Fred Martin, et al.:

Escambia County was previously joined as a Defendant in the above referenced foreclosure action involving certain real property owned by Fred Martin. The County retained an interest in the property by virtue of a Neighborhood Stabilization Program (NSP) Mortgage and Security Agreement in the sum of $30,252.00 and a State Housing Initiatives Partnership (SHIP) Lien Agreement in the total undepreciated amount of $15,000.00. Both interests were subordinate to the Plaintiff’s mortgage interest. Following the entry of final judgment and the sale of the subject property, a surplus was retained by the Clerk. Upon the County’s Motion for Disbursement of Surplus Funds, the County recovered the surplus funds held in the court’s registry totaling $6,132.35 as partial satisfaction of the County’s interest.
 
10.   Items added to the agenda.
 
11.   Announcements.
 
12.   Adjournment.
 

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