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AGENDA
Board of County Commissioners
Regular Meeting – May 19, 2011 – 5:30 p.m.
Governmental Complex – First Floor
 
             
1.   Call to Order.

(PLEASE TURN YOUR CELL PHONE TO THE VIBRATE, SILENCE, OR OFF SETTING)
 
2.   Invocation – Father Luke Hunt, Pastor, St. Ann's Catholic Church.
 
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. 844   Proclamations.

Recommendation:
That the Board adopt the Proclamation proclaiming the week of May 15-21, 2011, as "Emergency Medical Services Week" in Escambia County.
 
7.   Written Communication - April 12, 2011, communication from Wanda Gibson requesting that the Board forgive the fines relative to a Code Enforcement Lien against property located at 7700 Gregg Road.
 
8.   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.
 
9. 799   5:32 p.m. Public Hearing for Consideration of Adopting an Ordinance Creating the Siguenza Cove Canal MSBU.

Recommendation: That the Board, at the 5:32 p.m. Public Hearing, adopt, and authorize the Chairman to sign, the Ordinance creating the Siguenza Cove Canal Maintenance Municipal Services Benefit Unit (MSBU), and all related documents, and make the following findings of fact:

A. Lots in the District are specially benefited since canal improvements increase the market value of an individual lot in the District;

B. A non-ad valorem special assessment levied would represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and would not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County. An assessment would occur only if there are future costs beyond the initial construction costs; and

C. Lots which do not receive a special benefit have been and shall be excluded from a non-ad valorem special assessment for canal improvements.
 
10. 846   Committee of the Whole Recommendation.

Recommendation: The Committee of the Whole (C/W), at the May 12, 2011, C/W Workshop, recommends that the Board take the following action:

A. Take the following action concerning a policy relating to canals (C/W Item 7):

(1) Approve establishing a Municipal Services Benefit Unit (MSBU) for maintenance dredging of Siguenza canal navigation channel;

(2) Approve establishing an MSBU for maintenance dredging, if desired by the property owners; alternatively, (the property) owners can maintain (Siguenza canal); and

(3) Approve not to maintain or improve other canals; i.e., Lafitte Cove and Bayou Grande Villa, without impacted properties forming an MSBU to defray costs;

B. Authorize staff to proceed with a plan for an initial Wayfinding Signs pilot program (for Highway 29) and a subsequent Wayfinding Signs Policy (C/W Item 8); and

C. Authorize staff to prepare a Request for Proposals for State Lobbyist Services (C/W Item 9).
 
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
Escambia County Governmental Complex, Suite 130
 
  I.  Consent
 
1. 804   Recommendation Concerning Acceptance of Reports Prepared by the Clerk of the Circuit Court & Comptroller's Finance Department

That the Board accept, for filing with the Board's Minutes, the following four reports prepared by the Clerk of the Circuit Court & Comptroller's Finance Department:

A. Payroll Expenditure for Pay Date May 13, 2011, in the amount of $2,252,340.80;

B. The following two Disbursements of Funds:

(1) April 28, 2011, to May 4, 2011, in the amount of $10,326,829.90; and

(2) May 5, 2011, to May 11, 2011, in the amount of $5,067,322.36; and

C. The Investment Report for month ended April 30, 2011.
 
2. 810   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 May 5, 2011; and

B. Approve the Minutes of the Regular Board Meeting held May 5, 2011.
 
  County Administrator's Report
 
  I.   Technical/Public Service Consent Agenda
 
1. 789   Recommendation Concerning a Request for Disposition of Surplus County Property for the Board of County Commissioners - District 1 - Charles R. "Randy" Oliver, County Administrator

That the Board approve the Request for Disposition of Property for the Board of County Commissioners, District 1 for a Dell Latitude D505 Laptop Computer, Property Identification Number 53986.
 
2. 816   Recommendation Concerning a Request for Dispostion of Surplus Property for the Solid Waste Management Department - Patrick T. Johnson, Solid Waste Management Department Director

That the Board approve the Request for Disposition of Property for the Solid Waste Management Department for property which is to be auctioned as surplus or properly disposed of, all of which is described and listed on the Disposition Form with the agency and reason stated.
 
3. 767   Recommendation Concerning Requests for Disposition of County Property for the Community Affairs Department - Marilyn D. Wesley, Department Director

That the Board approve the three Requests for Disposition of Property Forms for the Community Affairs Department for property which is described and listed on the forms, with reason for disposition stated. The items are to be auctioned as surplus or properly disposed of.
 
4. 729   Recommendation Concerning CRA Meeting Minutes April 21, 2011 - Keith Wilkins, REP, Community & Environment Department Director

That the Board accept, for filing with the Board’s Minutes, the April 21, 2011, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Vera Cardia-Lively, Senior Office Support Assistant, CRA.
 
5. 770   Recommendation Concerning Property Access Agreement to Conduct Environmental Site Assessment - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the Chairman’s signature on the Property Site Access Agreement for the property located in the 3000 Block of Palafox, also known as the Iron Triangle. The Agreement will allow Escambia County to conduct environmental site assessment under the County’s Brownfield Program.
 
6. 752   Recommendation Concerning ECTV Policies and Procedures Guide - Charles R. "Randy" Oliver, County Administrator

That the Board approve the Policies and Procedures Guide for the Escambia County Government Access Channel (ECTV), which will help ECTV meet its mission to serve the people of Escambia County, by providing quality television programming and services that are a conduit to distribute "the power of education and information", by making government more accessible and understandable to citizens and by encouraging more participation in government activities and programs, educating children and adults, and fostering citizen involvement in the community through time, talent or resources.
 
7. 788   Recommendation Concerning Office of Public Information and Communications Communications Policy - Charles R "Randy" Oliver, County Administrator

That the Board approve the Office of Public Information and Communications Communications Policy.
 
8. 806   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the Grand Finale Fireworks Display after the Live Broadcast of the Florida Lottery Drawing on July 2, 2011 - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board review and approve the “Special Event Permit Application” for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance, extending the time to include the grand finale fireworks display after the live broadcast of the Florida Lottery Drawing, sponsored by the Pensacola Beach Chamber of Commerce, at the Casino Beach Fishing Pier on Saturday, July 2, 2011, from 10:30 p.m., to 10:45 p.m.
 
9. 814   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the 2012 New Year's Eve Fireworks Display for Portofino Island Resort - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board review and approve the “Special Event Permit Application” for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance, extending the time to include the New Year’s Eve fireworks display sponsored by the Portofino Island Resort, which will be launched from the pier at the Portofino Island Resort from 11:59 p.m., December 31, 2011, to 12:10 a.m., January 1, 2012.
 
10. 809   Recommendation Concerning Amended Escambia County Code Enforcement/Nuisance Abatement Lien Collection Policy (Secion III; H.3) - Amy Lovoy, Management and Budget Services Department Director

That the Board approve amending its action taken on July 9, 2009, concerning the Escambia County Code Enforcement/Nuisance Abatement Lien Collection Policy (Section III; H.3), to include section “B.3” of the Policy, which was inadvertently omitted due to a scrivener’s error.
 
  II.  Budget/Finance Consent Agenda
 
1. 764   Recommendation Concerning Supplemental Budget Amendment #197 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #197, Other Grants and Projects Fund (110) in the amount of $56,437, to recognize Grant proceeds from the State of Florida Department of Financial Services, and to appropriate these funds for the Escambia City/County Library System.
 
2. 769   Recommendation Concerning Supplemental Budget Amendment #200 - Interfund Transfers for Saufley Landfill - Amy Lovoy, Management & Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #200, Solid Waste Fund (401) in the amount of $2,000,000, to transfer funds from the Local Option Sales Tax Fund (352), and to appropriate these funds for the Saufley Landfill project.
 
3. 795   Recommendation Concerning Supplemental Budget Amendment #202 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #202, Other Grants and Projects Fund (110) in the amount of $22,274, to recognize proceeds from the Florida Department of Health Grant ID Code Number C0017, and to appropriate these funds for improving and expanding pre-hospital emergency medical services.
 
4. 796   Recommendation Concerning Supplemental Budget Amendment #203 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #203, Transportation Trust Fund (175) in the amount of $33,349, to recognize insurance proceeds received for damages to County traffic signal equipment in seven separate accidents, and to appropriate these funds back to the Transportation and Traffic Division.
 
5. 776   Recommendation Concerning High Pointe-Beulah Road Group Resurfacing - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 10-11.036, “High Pointe-Beulah Road Group Resurfacing”, to Panhandle Grading & Paving, Inc., for a total amount of $894,376.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project No. 08EN0208]
 
6. 783   Recommendation Concerning Siguenza Cove Dredge Project - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 10-11.041, Siguenza Cove Dredge Project, to Redfish Marine Construction, LLC, for a total amount of $64,046.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project No. 11EN1132]
 
7. 683   Recommendation Concerning Replacement Trucks for Facilities Management, PD 10-11.038 - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the County to piggyback off the Florida Sheriff's Association Contract #10-18-0907, in accordance with the Escambia County, Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Applications; Exemptions; and Section 46-64, Board Approval, to purchase five Ford F-250 extended cab trucks with service body and ladder rack, one Ford F-150 extended cab with lift gate, one Ford F150 crew cab, one Ford F-150 extended cab, two Ford Escapes, and one Ford F-250 crew cab with specified options, from Hub City Ford, Inc., in the amount of $254,050.

[Funding: Fund 001, General Fund, Cost Center 210602, Object Code 56401]
 
8. 812   Recommendation Concerning Transit Advertising for Escambia County Area Transit - Amy Lovoy, Management Budget Services Department Director

That the Board award the Contract PD 10-11.019, Transit Advertising for Escambia County Area Transit, to the sole proposer, Martin Mency of Escambia County, with revenues to the County as follows:

A. 50% of Gross Revenue from Internal and External Advertising;

B. 50% of Net Proceeds from Ride Guide Advertising; and

C. 50% of Net Proceeds from Fare Card Advertising.

[Funding: Fund 104, Mass Transit, Cost Center 270301, Object Code 344902]
 
9. 718   Recommendation Concerning Contract Award for PD 09-10.083, Public Works Computerized Work Order and Maintenance Management System - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action:

A. Award a Contract to GBA Master Series, Inc., for Public Works Computerized Work Order and Maintenance Management System, PD 09-10.083, in the amount of $268,803.50, with an annual Support and Maintenance Fee of $37,700, for a total of $306,503.50; and

B. Approve and authorize the County Administrator to sign the Software and Professional Services Agreement.

[Funding: Fund 175, Transportation Trust Fund, Cost Center 210401, Object Code 56801]
 
10. 737   Recommendation Concerning Contract Award for PD 10-11.021, Design Services – Mahogany Mill Boat Ramp and Mahogany Mill Road - Amy Lovoy, Managment and Budget Services Department Director

That the Board award a Lump Sum Contract with allowances to Hammond Engineering, Inc., per PD 10-11.021, Design Services – Mahogany Mill Boat Ramp and Mahogany Mill Road, for a lump sum amount of $89,220 and allowances of $27,470, for a total of $116,690 for design services.

[Funding: Fund 110, Other Grants & Projects, Cost Center 220811, Mahagony Mill Boat Ramp, $81,000; Fund 352, LOST III, Cost Center 220102, NESD Capital Projects, Project Number 08NE0018, $27,000; Fund 151, Community Redevelopment, Cost Center 220519, CRA Barrancas, $8,690]
 
11. 801   Recommendation Concerning Amendment #2 to PD 05-06.077, State Road 173 (Blue Angel Parkway) – Project Development and Environmental (PD&E) Studies - Amy Lovoy, Management and Budget Services Department Director

That the Board approve and authorize the County Administrator to sign Amendment #2 to the Design Agreement between Escambia County, Florida, and HDR Engineering, Inc., PD 05-06.077, PD&E Studies for State Road 173 (Blue Angel Parkway), from State Road 292 (Sorrento Road) to U.S. Highway 98 (Lillian Highway), as follows:

A. Section 2.1 is amended to read, as follows:

Under this Agreement, Escambia County will budget funds during Fiscal Years(s) 06-07, and 07-08 and 10-11 in the amount of Nine Hundred Fifty Thousand Dollars ($950,000.00) for the Project Development and Environmental (PD&E) Study and an additional sum of One Million Seven Hundred Thousand Dollars (1,700,000.00) Two Million Thirteen Thousand Four Hundred Ninety Seven Dollars ($2,013,497.00) for the Design Phase of this project for a new combined total of Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00) Two Million Nine Hundred Sixty Three Thousand Four Hundred Ninety Seven Dollars ($2,963,497.00).
B. Section 5.1 is amended to read, as follows:

COMPENSATION: The County agrees to pay the Consultant, as compensation for its services under Section 3.1 of this Agreement, an aggregate fee for certain project tasks pursuant to the fee schedule set forth in Exhibit “C,” attached hereto and made a part hereof. At the completion of each task, the Consultant will be compensated by a lump sum amount, which has been negotiated for that task, unless otherwise mutually agreed to by the parties hereto. The total fee for all such services, to be performed by the Consultant, including costs, direct expenses, and any other charges described in Section 5.3, is to be paid as follows: A lump sum amount of Nine Hundred Fifty Thousand Dollars ($950,000.00) for the Project Development and Environmental (PD&E) Study and an additional sum ofOne Million Seven Hundred Thousand Dollars (1,700,000.00) Two Million Thirteen Thousand Four Hundred Ninety Seven Dollars ($2,013,497.00) for the Design Phase of this project for a new combined total of Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00) Two Million Nine Hundred Sixty Three Thousand Four Hundred Ninety Seven Dollars ($2,963,497.00). Final payment will be subject to approval by the Board of County Commissioners.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #08EN0038 “Blue Angel Parkway”]
 
12. 802   Recommendation Concerning Amendment #3 to PD 05-06.078, Project Development and Environment (PD&E) Studies Pinestead Road – Longleaf Drive Corridor from Pine Forest Road To U.S. Highway 29 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve and authorize the County Administrator to sign Amendment #3 to the Design Agreement between Escambia County, Florida, and Baskerville-Donovan, Inc., PD 05-06.078, Project Development and Environment (PD&E) Studies Pinestead Road – Longleaf Drive Corridor, from Pine Forest Road To U.S. Highway 29, as follows [Funding: Fund 352, “LOST III, Cost Center 210107, Object Code 56301, Project #08EN0078; Pinestead/Longleaf]:

A. Section 2.1 is amended to read, as follows:

Under this Agreement, Escambia County will budget funds during Fiscal Years(s) 06-07, and 08-09 and 10-11in the amount of One Million, Seven Hundred Sixty Nine Thousand Seven Hundred Dollars ($1,769,700.00) for the Project Development and Environmental (PD&E) Study and an additional sum of One Million Five Hundred Seventy Five Thousand Four Hundred Ninety Eight Dollars and One Cent ($1,575,498.01) Three Million Sixty Four Thousand Two Hundred Sixty Six Dollars and Fifty Cents ($3,064,266.50) for the Design Phase of this project for a new combined total of Three Million Three Hundred Forty Five Thousand One Hundred Ninety Eight Dollars and One Cent ($3,345,198.01) Four Million Eight Hundred Thirty Three Thousand Nine Hundred Sixty Six Dollars and Fifty Cents ($4,833,966.50).

B. Section 5.1 is amended to read, as follows:

COMPENSATION: The County agrees to pay the Consultant, as compensation for its services under Section 3.1 of this Agreement, an aggregate fee for certain project tasks pursuant to the fee schedule set forth in Exhibit “C”, attached hereto and made a part hereof. At the completion of each task, the Consultant will be compensated by a lump sum amount, which has been negotiated for that task, unless otherwise mutually agreed to by the parties hereto. The total fee for all such services, to be performed by the Consultant, including costs, direct expenses, and any other charges described in Section 5.3, is to be paid as follows: A lump sum amount of One Million, Seven Hundred Sixty Nine Thousand Seven Hundred Dollars ($1,769,700.00) for the Project Development and Environmental (PD&E) Study and an additional sum of One Million Five Hundred Seventy Five Thousand Four Hundred Ninety Eight Dollars and One Cent ($1,575,498.01) Three Million Sixty Four Thousand Two Hundred Sixty Six Dollars and Fifty Cents ($3,064,266.50) for the Design Phase of this project for a new combined total of Three Million Three Hundred Forty Five Thousand One Hundred Ninety Eight Dollars and One Cent ($3,345,198.01) Four Million Eight Hundred Thirty Three Thousand Nine Hundred Sixty Six Dollars and Fifty Cents ($4,833,966.50). Final payment will be subject to approval by the Board of County Commissioners.
 
13. 815   Recommendation Concerning Lubrication Products, Anti-Freeze and Brake Fluids Specification Contract, PD 10-11.042 - Amy Lovoy, Management and Budget Services Department Director

That the Board award a three-year Contract for the Lubrication Products, Anti-Freeze and Brake Fluid Specification Contract, PD 10-11.042, to R.K. Allen Oil, Co., for the terms and conditions of the Contract, in the amount of $60,000.

[Funding: Fund 501, Internal Service Funds, Object Code 55201, Cost Center 210407]
 
14. 793   Recommendation Concerning Authorization to Foreclose Real Property Located at 2505 West Lakeview Avenue - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize foreclosure of the 2008 Code Enforcement Lien, in the amount of $21,932.50, recorded in Official Records Book 6306, at Page 585, of the Public Records of Escambia County, Florida, on real property located at 2505 West Lakeview Avenue, Account Number 06-1327-000, Reference Number 17-2S-30-1300-006-033; the current assessed value is $35,545. There is also an open Nuisance Abatement action pending on this property.
 
15. 794   Recommendation Concerning Authorization to Foreclose Real Property Located at 3414 West Jackson Street - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize foreclosure based on the following Liens recorded in the Public Records of Escambia County, Florida, on real property located at 3414 West Jackson Street, Account Number 06-3986-000, Reference Number 33-2S-30-3300-009-262; the current assessed value is $7,481:

A. Code Enforcement Lien recorded in Official Records Book 5807, at Page 1258, in the amount of $17,376.75; and

B. Nuisance Abatement Lien recorded in Official Records Book 6629, at Page 1783, in the amount of $347.59.
 
16. 807   Recommendation Concerning Reduction of Minimum Sales Price of Real Property Located at 10 Besma Drive, Due to the Property Appraiser’s Re-assessed Value - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the reduction of the minimum bid required for the sale of real property located at 10 Besma Drive, due to the Property Appraiser’s re-assessed value:

A. Authorize the sale of real property, Account Number 07-1829-000, Reference Number 34-2S-30-1151-040-007, to the bidder with the highest offer received at or above the re-assessed minimum bid of $17,561, in accordance with Section 46.134 of the Escambia County Code of Ordinances, without further action of the Board; and

B. Authorize the Chairman to sign all documents related to the sale.
 
17. 679   Recommendation Concerning Purchase of Ford Vehicles for the Divisions of Environmental Enforcement and Animal Control - Gordon C. Pike, Corrections Department Director

That the Board authorize the County to piggyback off of the Florida Sheriff’s Association Contract, in accordance with the Escambia County Code of Ordinances, Chapter 46, Finance, Article II, Division 3, Section 44-64, Purchases and Contracts, Board Approval, and award a Purchase Order to Hub City Ford, LLC, for two 2011 F-150 Pickup Trucks (Extended Cab, 4x4), four 2011 F-250 Pickup Trucks (Extended Cab, 2x4), two 2011 F-250 Pickup Trucks (Extended Cab, 4x4), and two Explorers, for a total amount of $262,000, for the Divisions of Environmental Enforcement and Animal Control. These trucks are to replace a portion of the inventory for the Environmental Enforcement and the Animal Control Divisions, assigned to enforce the Escambia County Code of Ordinances.

[Funding Source: Fund 103, Environmental Code Enforcement, Cost Center 29010, Object Code 56401]
 
18. 818   Recommendation Concerning Communication Antenna Mounting Space Lease Between City of Gulf Breeze and Escambia County - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Communication Antenna Mounting Space Lease Between City of Gulf Breeze and Escambia County:

A. Approve the Lease to enable installation of two communication antennas, including the right to install, maintain, operate, repair, and remove antennas, together with sufficient area at the base of the water tank structure, located at 311 Fairpoint Drive, Gulf Breeze, Florida, for a 12 foot x 11 foot equipment shelter, in the amount of $1 per year, for a period of one year beginning May 19, 2011, with automatic renewal of additional one year terms; and,

B. Authorize the Chairman to sign the Lease.

[Funding: Fund 001/General Fund, Cost Center 330403/Communications, Object Code 54401/Rentals and Leases]
 
19. 797  
Recommendation Concerning a Change Order to Purchase Order 110690 to Sacred Heart Medical Group OHS for Firefighter Physicals - Michael D. Weaver, Public Safety Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order, which will increase the Purchase Order amount to cover firefighter physicals:

Department: Public Safety
Division: Fire Services
Type: Addition
Amount: $5,000
Vendor: Sacred Heart Medical Group
Project Name: N/A
Contract: N/A
PO# 110690
Original Award Amount: $45,000
Cumulative Amount of Change Orders thru CO #2 $ 9,000
New P.O. Amount $54,000

[Funding: Fund 143, Fire Protection Fund, Cost Center 330206, Object Code 53101]
 
20. 748   Recommendation Concerning Award of Neighborhood Stabilization Program 3 Funds - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the Award of Neighborhood Stabilization Program 3 Funds:

A. Acknowledge for the Official Record U.S. Department of Housing and Urban Development (HUD) approval of the Neighborhood Stabilization Program 3 (NSP3) Substantial Amendment to the 2010 Escambia County Annual Plan and accept the award of HUD NSP3 funds, in the amount of $1,210,487, as provided through Grant #B-11-UN-12-0005; and

B. Ratify the County Administrator’s execution of the NSP3 Funding Agreement as required by HUD; and

C. Authorize the Chairman, Vice Chairman, or County Administrator, as appropriate, to execute all Grant-related documents as required to receive and implement all aspects of the NSP3.

[Funding: Fund 129/2010, CDBG, Cost Center to be assigned]
 
21. 744   Recommendation Concerning Commercial Facade Grant Funding and Lien Agreements for 3111 West Fairfield Drive - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following May 19, 2011, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade Grant Funding and Lien Agreements for the property located at 3111 West Fairfield Drive:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements between Escambia County CRA and Michael Mahn, owner of residential property located at 3111 West Fairfield Drive, Pensacola, Florida, in the Englewood Redevelopment Area, each in the amount of $10,000, representing an in-kind match through the Englewood Tax Increment Financing (TIF), Fund 151, Cost Center 220520, Object Code 58301, for the following improvements: install a new privacy fence, gravel parking lot, and landscape improvements to include planting trees and shrubs; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
22. 743   Recommendation Concerning Commercial Facade Grant Funding and Lien Agreements 2323 North "E" Street - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following May 19, 2011, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade Grant Funding and Lien Agreements for the property located at 2323 North "E" Street:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements between Escambia County CRA and Terry Hale, owner of residential property located at 2323 North "E" Street, Pensacola, Florida, in the Englewood Redevelopment Area, each in the amount of $10,000, representing an in-kind match through the Englewood Tax Increment Financing (TIF), Fund 151, Cost Center 220520, Object Code 58301, for the following improvements: install a new masonry fence and landscape improvements to include palm trees; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
23. 745   Recommendation Concerning Commercial Facade Grant Program Cancellation of Lien for 1717 North Pace Boulevard - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following May 19, 2011, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade Grant Program Cancellation of Lien for the property located at 1717 North Pace Boulevard:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Cancellation of Lien between Escambia County CRA and TRC Pace, LLC, owner of the commercial property located at 1717 North Pace Boulevard, in the amount of $10,000, since the aforementioned property owner has met the Grant requirements; and

B. Authorizing the Chairman to execute the Cancellation of Lien.
 
24. 742   Recommendation Concerning Residential Rehab Grant Funding and Lien Agreements for 3218 North Tarragona Street - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following May 19, 2011, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Funding and Lien Agreements for the property located at 3218 North Tarragona Street:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Theyuka T. Thomas, owner of residential property located at 3218 North Tarragona Street, Pensacola, Florida, in the Palafox Redevelopment Area, each in the amount of $3,140, representing an in-kind match through the Palafox Tax Increment Financing (TIF), Fund 151, Cost Center 220517, Object Code 58301, for the following improvement: sanitary sewer connection; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
25. 800  
Recommendation Concerning a Change Order to Purchase Order #110547 to Little Tire Hauling, Inc., for Recycling Operations and Disposal of Waste Tires - Patrick T. Johnson, Solid Waste Management, Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order, which will increase the Purchase Order amount to cover recycling and disposal of waste tires [Funding: Fund 401, Solid Waste Fund, Cost Center 220604, Object Code 53401]:

Department: Solid Waste Management
Division: Waste Services/Recycling
Type: Addition
Amount: $50,000
Vendor: Little Tire Hauling, Inc.
Project Name: Recycling/Disposal of Waste Tires
Contract: N/A
PO# 110547
Original Award Amount: $ 25,000
Cumulative Amount of Change Orders thru CO #3 $120,000
New P.O. Amount $145,000
 
26. 766   Recommendation Concerning the Acquisition of Property Located at 2420 West Delano Street from C & L Distributing Co., Inc. - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the acquisition of two adjacent parcels of real property, located at 2420 West Delano Street, from C & L Distributing Co., Inc.:

A. Authorize staff to make an offer to D & L Distributing Co., Inc., to purchase two adjacent parcels of real property located at 2420 West Delano Street (approximately 0.62 acres) with a commercial structure located on site (small warehouse and office), for the appraised amount of $67,000; and

B. Authorize the County Attorney to prepare and the Chairman or Vice Chairman to execute any documents necessary to complete the acquisition of this property.

Meeting in regular session on February 3, 2011, the Board approved the recommendation presented to the Committee of the Whole on January 13, 2011, authorizing staff to initiate the process to purchase properties in the Delano Street Drainage Area. Staff has identified two adjacent parcels of real property owned by D & L Distributing Co. Inc., located at 2420 West Delano Street, as suitable for stormwater drainage attenuation.

[Funding Source: Fund 352, LOST III, Account 210107/56101, Project #08EN0053 “Delano Road and Drainage Improvements” and Fund 181, "Master Drainage Basin VII", Account 210725/56101]
 
27. 775   Recommendation Concerning the Purchase of Real Property Located at 1490 West Moreno Street from Baptist Health Care Corporation - Joy D. Blackmon, P. E., Public Works Department Director

That the Board take the following action concerning the purchase of two contiguous parcels of real property, located at 1490 West Moreno Street (totaling approximately 0.52 acres), from Baptist Health Care Corporation:

A. Authorize the purchase of two contiguous parcels of real property (totaling approximately 0.52 acres) from Baptist Health Care Corporation, for the appraised value of $50,000, in accordance with the terms and conditions contained in the Contract for Sale and Purchase; and

B. Authorize the County Attorney to prepare and the Chairman or Vice Chairman to execute any documents necessary to complete the purchase without further action of the Board, subject to Legal review and sign-off.

Meeting in regular session on February 19, 2009, the Board approved the recommendation to authorize staff to initiate the purchase process for properties in the Kupfrian Park Drainage area for stormwater attenuation purposes. Staff has identified two contiguous parcels of property located at 1490 West Moreno Street as suitable for stormwater attenuation. These vacant parcels total approximately 0.52 acres, and are owned by Baptist Health Care Corporation. Staff had an appraisal performed by Brantley & Associates, dated May 28, 2009, which placed a value of $25,000 on each parcel, for a total of $50,000. Baptist Health Care Corporation has indicated to staff that they are amendable to selling the land for this appraised value. The property owners have agreed to this offer and the terms and conditions contained in the Contract for Sale and Purchase, so staff is now requesting Board authorization to proceed with the acquisition. Any offer approved by the Board shall include that the property owners will be responsible for the payment of closing costs of documentary stamps and that the property owners respond within 30 days from the date of the offer.

[Funds for this project are available in Fund 351, LOST II, Account 210105/56101, Project #05EN2313, and Fund 352, LOST III, Account 210107/56101, Project #10EN0433]
 
28. 761   Recommendation Concerning the Conveyance of an Easement for Electric Service to Gulf Power Company - Joy D. Blackmon P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of an Easement for Electric Service to Gulf Power Company, on County-owned property located on Bauer Road for the Southwest Escambia Sports Complex:

A. Approve granting an Easement for Electric Service to Gulf Power Company, as shown on Exhibit “A”, on County-owned property located on Bauer Road for the Southwest Escambia Sports Complex.; and

B. Authorize the Chairman to sign the Easement document and any other documents associated with the granting of the Easement for Electric Service.

Escambia County owns property located on Bauer Road, south of Lillian Highway, identified as the site for the Southwest Escambia Sports Complex. To facilitate their plans to provide electrical service from Bauer Road into the sports complex, Gulf Power is requesting the conveyance of an Easement for Electric Service, as shown on Exhibit “A”. Engineering staff has reviewed this request and the construction plans for the sports complex and supports Gulf Power’s request for said easement.

[Funding Source: Funds for incidental expenditures associated with the recording of documents are available in the Engineering Escrow account accessed by the Escambia County Clerk’s Office]
 
29. 828   Recommendation Concerning Escambia County's Natural Resource Damage Assessment (NRDA) Projects - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning Escambia County's Natural Resource Damage Assessment (NRDA) projects which represent local priorities to restore the public's natural resources as a result of the April 20, 2010, Deepwater Horizon Oil Spill:

A. Approve the following 11 Natural Resource Damage Assessment (NRDA) projects at a projected cost of $72,710,000:

Project Description Projected Costs
Perdido Key Beach Nourishment Cost to construct updated April 26, 2011 $16,600,000
Pensacola Beach Renourishment Cost to construct updated April 26, 2011 $23,100,000
Oyster Reef/Emergent Marsh Restoration Project Greenshores, Phase 3 $2,000,000
Oyster Reef/Emergent Marsh Restoration Bayou Grande oyster reef/marsh restoration $2,000,000
Artificial Reef projects Up to 22 separate reefs; may include reefing of a large ship $10,000,000
Shorebird Habitat Restoration Santa Rosa Island preserve area $600,000
Dune Restoration Amenity beaches at Perdido Key and Pensacola Beach $500,000
Land Acquisition - Perdido Key Land acquisition costs ($14 M); site development 100 parking spaces plus bathhouse ($3 M) $17,000,000
Marine Turtle Monitoring and Population Restoration Education, light retrofit program, enhanced monitoring and enforcement $500,000
Dune Walkovers at Perdido Key Public Access Points $210,000
Water Quality, Benthic Invertebrate, Fish Monitoring $200,000; and

B. Authorize the Chairman to submit the list of projects to the State of Florida Trustees for potential funding.
 
30. 842   Recommendation Concerning the Allocation of Funding to WSRE on Behalf of the Pensacola Archaeological Society – Charles R. “Randy” Oliver, County Administrator

That the Board take the following action concerning the allocation of funding to WSRE on behalf of the Pensacola Archaeological Society, as recommended from the Tourist Development Council and requested by Commissioner Grover C. Robinson, IV:

A. Allocate $25,000 to WSRE on behalf of the Pensacola Archaeological Society for the purpose of filming A Visit with Bernando de Galvez.

B. Approve the Miscellaneous Appropriations Agreement subject to legal sign-off.
 
  III. For Discussion
 
1. 837   Discussion Concerning Fire Municipal Services Benefit Unit Fee - Charles R. "Randy" Oliver, County Administrator

(BACKUP TO BE DISTRIBUTED UNDER SEPARTE COVER)
 
2. 798   Recommendation Concerning Supplemental Budget Amendment #196 - BP Oil Grant, Amy Lovoy, Management & Budget Services Department Director

That the Board take the following action:

A. Adopt the Resolution approving Supplemental Budget Amendment #196, Tourist Promotion Fund (108) in the amount of $4,384,830, recognizing proceeds from a BP Grant and appropriating these funds for tourism activities; and

B. Approve the following allocations as recommended by the Tourist Development Council:

DeLuna Fest - $546,342.50
MWP Pensacola Events (Memorial Day Events)- $36,000
City of Pensacola Community Redevelopment Agency (Pelican Drop)- $25,000
Pensacola Mardi Gras - $120,000
Pensacola Big Game Fishing Club - $6,000
Fiesta of Five Flags (Seafood Festival)- $16,000
Pensacola Beach Chamber of Commerce (Taste of the Beach)- $26,000
Pensacola Songwriters' Festival - $25,000
Pensacola Area Chamber of Commerce - $2,463,699
Perdido Key Chamber of Commerce - $940,084.75
Pensacola Sports Association - $180,703.75

C. Approve the necessary Miscellaneous Appropriations Agreements, Interlocal Agreements and Purchase Orders subject to Legal sign-off.
 
3. 850   Recommendation Concerning Approval of a Purchase Order to Reimburse Perdido Key Chamber of Commerce, Inc., for the Purchase of Re-Entry Decals - Gene M. Valentino, Commissioner, District 2

That the Board approve a Purchase Order, in the amount of $1,326.96, to cover the cost of re-entry decals for Perdido Key residents, to be paid from the General Fund (001), Cost Center 110201, Account #58201.
 
  County Attorney's Report
 
  I.    For Action
 
1. 819   Recommendation Concerning Cancellation of the Judgment Lien Against Juanita Tomblin for Code Enforcement Civil Penalty

That the Board:

A. Authorize the cancellation of the judgment lien against Juanita Tomblin for a code enforcement civil penalty, recorded in Official Record Book 6707 at pages 1096 and 1097 of the public records of Escambia County.

B. Authorize payment of the incidental expenses associated with recording the cancellation of the judgment lien in the public records.
 
  II. For Information
 
1. 780   Recommendation Concerning Escambia County, Florida v. Local Union 1395, Amalgamated Transit Union, AFL-CIO (Case No. 2011 CA 000077)

That the Board accept the attached information concerning Escambia County, Florida v. Local Union 1395, Amalgamated Transit Union, AFL-CIO (Case No. 2011 CA 000077).

A hearing was held on April 18, 2011 before the Honorable Paul Rasmussen, Circuit Judge of the Escambia County Circuit Court, on the County's Petition for Enforcement of the Public Employees Relations Commission Order awarding the County $29,759.05 in attorney's fees and costs against Local Union 1395, Amalgamated Transit Union, AFL-CIO. Local 1395 did not file a response to the Petition and a default was entered against it. The default means that Local 1395 has admitted all the allegations of the Petition for Enforcement and waived any defenses it may have had.

Judge Rasmussen entered the attached Order finding that the County was entitled to pre-judgment interest since September 29, 2009 when the administrative law judge made the finding that the unfair labor practices charges being pursued by Local 1395 were frivolous and unjustified, which gave the County the right to obtain reimbursement of its attorneys fees. Judge Rasmussen entered the Order on April 26, 2011 and gave Local 1395, forty-five days from that date, which is June 10, to pay the award of attorney's fees together with pre-judgment interest and any interest accruing since April 26. Should Local 1395 not make payment by June 10th, then the County can pursue contempt proceedings against it.
 
12.   Items added to the agenda.
 
13.   Announcements.
 
14.   Adjournment.
 

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