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AGENDA
Board of County Commissioners
Regular Meeting – October 20, 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 – Commissioner Robinson.
 
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. 1620   Proclamations.

Recommendation: That the Board adopt the Proclamation proclaiming October 2011 as "Scottish Rite of Freemasonry Month" in Escambia County.
 
7.   Written Communication:
 
1451   September 6, 2011 - Communication from Charles L. Hoffman, Jr., Shell, Fleming, Davis & Menge, representing Mr. and Mrs. Tyrone Vanderhall and Taaka L. Brown, requesting that the Board forgive a Code Enforcement Lien, recorded in Official Records Book 6091, at Page 479, against property located at 1810 West Bobe Street.

Recommendation: That the Board review and consider lien relief request made by Mr. and Mrs. Tyrone Vanderhall and Taaka L. Brown against property located at 1810 W Bobe Street.

On June 18, 2009, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2. Staff was instructed to review all request for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness, in accordance with the Board’s policy.

After reviewing the request for forgiveness of Liens, staff made the determination that the request does not fall within any of the criteria that would allow the County Administrator to deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.

The owners have no other recourse but to appeal before the Board under Written Communication.
 
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. 1538   5:31 p.m. Public Hearing for consideration of the Petition to Vacate alleyways in Blocks 65 and 66, Pinecrest Subdivision.

Recommendation: That the Board, at the 5:31 p.m. Public Hearing, take the following action concerning the vacation of alleyways measuring 20 feet by approximately 525 feet = 10,500 square feet, or 0.24 acres, in Blocks 65 and 66 of Pinecrest Subdivision, as petitioned by Blackwater River Tools, Inc.:

A. Approve the Petition to Vacate alleyways measuring 20 feet by approximately 525 feet = 10,500 square feet, or 0.24 acres, in Blocks 65 and 66 of Pinecrest Subdivision, as petitioned by Blackwater River Tools, Inc.;

B. Accept the Hold/Harmless Agreement;

C. Adopt the Resolution to Vacate; and

D. Authorize the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute them at that time.

Blackwater River Tools, Inc. owns property in Blocks 65 and 66, Pinecrest Subdivision as recorded in Plat Deed Book 55 at Page 261 of the public records of Escambia County, Florida. Blocks 65 and 66 of Pinecrest Subdivision are located at the northeast corner of the intersection of North “W” Street and West Scott Street. Blocks 65 and 66 have platted 20 foot wide alleyways extending east to west through said Blocks. The Petitioner is requesting that the Board vacate any interest the County has in those certain alleyways (20 feet by approximately 525 feet = 10,500 square feet or 0.24 acres) lying within the boundaries of said Blocks 65 and 66, Pinecrest Subdivision. Staff has made no representations to the Petitioner that Board approval of this request operates to confirm the vesting or return of title to the land to the Petitioner or to any other interested party.
 
10.   5:32 p.m. Public Hearing for consideration of adopting a Resolution concerning re-budgeting ongoing projects that were not completed by the end of Fiscal Year 2010-2011.

(RECOMMENDATION AND BACKUP TO BE DISTRIBUTED UNDER SEPARATE COVER)
 
11. 1598   5:33 p.m. Public Hearing for consideration of adopting an Ordinance creating the Robinson's Mill Subdivision Street Lighting MSBU.

Recommendation: That the Board, at the 5:33 p.m. Public Hearing, adopt, and authorize the Chairman to sign, the Ordinance creating the Robinson's Mill Subdivision Street Lighting 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 street lighting not only increases the market value of an individual lot, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark;

B. The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District;

C. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and

D. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment.
 
12.   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 Agenda
 
1. 1599   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 six reports prepared by the Clerk of the Circuit Court & Comptroller's Finance Department:

A. Payroll Expenditures for Pay Date September 30, 2011, in the amount of $1,880,457.45;

B. The following two Disbursement of Funds:

(1) September 22, 2011, to September 28, 2011, in the amount of $531,200.09; and

(2) September 29, 2011, to October 5, 2011, in the amount of $20,000,218.13;

C. The Tourist Development Tax Collections Data for the August 2011 returns received in the month of September 2011; this Report completes the collections for Fiscal Year 2011;

D. The Investment Report for the month ended September 30, 2011; and

E. Budget Comparison Reports for the 12 months, or 100%, of Fiscal Year 2011, as follows:

(1) Summarized, by Fund, Budget to Actual Comparison as of September 30, 2011; and

(2) Actual Revenue and Expenditure Comparison to the prior Fiscal Year as of September 30, 2011.
 
2. 1610   Recommendation Concerning Write-off of Accounts Receivable

That the Board adopt the Resolution authorizing the write-off of $1,309,506.35 in receivables that have been recorded in the Emergency Medical Services (EMS) Fund of the County and have been determined to be uncollectible bad debts.
 
3. 1605   Recommendation Concerning Acceptance of Documents Provided to the Clerk to the Board's Office

That the Board accept, for filing with the Board's Minutes, the following documents provided to the Clerk to the Board's Office:

A. A copy of Resolution No. 757, Adoption of Fiscal Year 2011-2012 Budget, as provided by N. Jean Whitten, Director, Division of Administration, Northwest Florida Water Management District, and received in the Clerk to the Board's Office on September 28, 2011;

B. The letter, dated August 1, 2011, from Jean Whitten, Director, Division of Administration, Northwest Florida Water Management District, advising that the Northwest Florida Water Management District's Standard Format Tentative Budget Submission, including information for the preceding Fiscal Year, the current Fiscal Year, and proposed amounts for upcoming Fiscal Year is available and can be viewed on the District's website at http://nwfwmd.state.fl.us/bifinance.html, received in the Clerk to the Board's Office on September 30, 2011;

C. Copies of the Oaths of Office for Escambia County Health Facilities Authority Members Arthur J. Hall, Jr., who was appointed to a four-year term, effective August 22, 2011, to August 21, 2015, and Janice P. Gilley, who was appointed to a four-year term, effective September 28, 2011, to August 21, 2015, as provided by Paula G. Drummond, Executive Director, Escambia County Health Facilities Authority, and received in the Clerk to the Board's Office on September 28, 2011;

D. The following two documents received in the Clerk to the Board's Office on September 27, 2011:

(1) The Escambia/Pensacola SHIP Program Annual Report (July 1, 2010 - June 30, 2011), based on the Board's April 19, 2007, action regarding the Escambia/Pensacola 2008-2010 State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan; and

(2) The Escambia/Pensacola HHR Program Annual Report (July 1, 2010 - June 30, 2011), based on the Board's July 7, 2005, action regarding the Escambia/Pensacola Hurricane Housing Recovery Assistance Plan/Hurricane Housing Recovery (HHR) Funds; and

E. The two certified affidavits establishing proof of publication for the County Commission District Boundaries, in accordance with Section 124.02, Florida Statutes, advertised in the Pensacola News Journal on September 10 and 17, 2011, and received in the Clerk to the Board's on September 15, 2011, and September 28, 2011.
 
4. 1638   Recommendation Concerning Ratification of Changes to Supplemental Budget Amendment #2

That the Board ratify the Management and Budget Services Department's changes to the Resolution approving Supplemental Budget Amendment #2, adopted by the Board on October 6, 2011, to reflect the actual Grant amount of $2,391,358.
 
5. 1606   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. Approve the Minutes of the Second Budget Public Hearing held September 27, 2011;

B. Approve the Minutes of the Attorney-Client Session held October 4, 2011;

C. Approve the Minutes of the Special Joint Meeting of the Board of County Commissioners and the Santa Rosa Island Authority Board held October 4, 2011;

D. Approve the Minutes of the Regular Board Meeting held October 6, 2011; and

E. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held October 6, 2011.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 995   5:45 p.m. A Public Hearing Concerning the Review of the proposed Comprehensive Plan Amendment,Chapter 7, "Future Land Use Element"

That the Board review and adopt the proposed Comprehensive Plan Amendment, Future Land Use Element herein, amending Part II of the Escambia County Code of Ordinances, the Escambia County Comprehensive Plan: 2030; amending Chapter 7, "The Future Land Use Element,” to add Policy 5.4.6, establishing a process for protection and management of regionally significant natural resources within the Optional Sector Plan; amending Policy 5.6.1 to delete certain requirements regarding conservation areas from the detailed specific area plans boundary determination analysis.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 1543   Recommendation Concerning Request for Disposition of Property - Chris Jones, Escambia County Property Appraiser

That the Board approve the Request for Disposition of Property Form for the Escambia County Property Appraiser's Office, for property to be auctioned as surplus or properly disposed of, which is described and listed on the Disposition Form with agency and reason stated.
 
2. 1571   Recommendation Concerning Amendment to the Request for Disposition of Surplus Property for the Office of the Supervisor of Elections - David H. Stafford, Supervisor of Elections

That the Board amend its action of September 1, 2011, approving the Request for Disposition of Property Form for the Supervisor of Elections Office, for property to be auctioned as surplus or properly disposed of, which is listed on the Disposition Form with agency and reason stated, to correct the Property Number from 48188 to 46188 and to correct the year from 1999 to 1998.
 
3. 1437   Recommendation Concerning Community Redevelopment Agency Chair and Vice Chair Appointment - Keith Wilkins, REP, Community Environment Department Director

That the Board ratify the October 20, 2011, action of the Community Redevelopment Agency (CRA) reappointing Commissioner Marie Young to serve as Chair and Commissioner Gene M. Valentino to serve as Vice Chair of the CRA. The terms will begin and coincide with the appointment of the Chair and Vice Chair of the Board of County Commissioners.
 
4. 1447   Recommendation Concerning CRA Meeting Minutes September 15, 2011 - Keith Wilkins, REP, Community & Environment Department Director

That the Board accept, for filing with the Board’s Minutes, the September 15, 2011, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Vera Cardia-Lively, Senior Office Support Assistant, CRA.
 
5. 1449   Recommendation Concerning Enterprise Zone Development Agency Third Quarter Report - Keith Wilkins, REP, Community & Environment Department Director

That the Board accept, for filing with the October 20, 2011, Board’s Minutes, the Information Report concerning the Enterprise Zone Development Agency (EZDA) Third Quarter Report.
 
6. 1528   Recommendation Concerning Scheduling and Advertising a Public Hearing for the Barrancas Redevelopment Area Plan Update - Keith Wilkins, REP, Community & Environment Department Director

That the Board approve the scheduling and advertising of a Public Hearing at 5:31 p.m., on Thursday, November 17, 2011, to consider adoption of a Resolution of Escambia County, Florida, amending the Barrancas Area Redevelopment Plan; amending the plan document originally adopted by the County Commissioners on September 19, 2002; providing for severability; providing for an effective date.
 
7. 1556   Recommendation Concerning Deleting Certain Board Policies Concerning the Public Safety Department – Michael D. Weaver, Public Safety Department Director

That the Board approve deleting from the Board of County Commissioners' Policy Manual the following policies concerning the Public Safety Department, which are no longer relevant:

A.  Section II, Part D.5, Dispatch of Standby Ambulance for Community Events, effective August 30, 1979, which is not necessary as the rate for this service is dictated by the current Ambulance Fee Schedule and authorization for provision of such service is within the purview of the Public Safety Department Director;

B.  Section IV, A.1, Sale and Purchase of Equipment Among Volunteer Fire Departments, effective January 26, 1988, which is not necessary as these functions are within the purview of the County Fire Chief; and 

C.  Section IV, A.2, Assisting Volunteer Fire Departments in Routine Road Maintenance, effective June 24, 1986, which is not necessary as such maintenance is within the purview of the County Fire Chief.
 
8. 1585   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 Request for Disposition of Property Form for the Public Safety Department, for property which is no longer in service, has been damaged beyond repair and/or is obsolete, and is to be auctioned as surplus or properly disposed of, all of which is described and listed on the disposition forms noting the reason for disposal.
 
9. 1596   Recommendation Concerning Issuance of Certificates of Public Convenience and Necessity for the Provision of Advanced Life Support and/or Basic Life Support Services in Escambia County, Florida - Michael D. Weaver, Public Safety Director

That the Board take the following action concerning Certificates of Public Convenience and Necessity:

A.  Approve the issuance of a Certificate of Public Convenience and Necessity for provision of Advance Life Support and/or Basic Life Support services in Escambia County, Florida, with noted limitations, to Atmore Ambulance, Inc., Baptist Hospital’s LifeFlight, Escambia County Public Safety Department, Lifeguard Ambulance Service of Florida, LLC, and Sacred Heart Children’s Hospital, effective January 1, 2012, through December 31, 2012; and

B.  Authorize the Chairman to execute the Certificate of Public Convenience and Necessity for each Agency.
 
10. 1548   Recommendation Concerning Adoption of a Maintenance Map for a Portion of Eastman Lane in the Cottage Hill Area - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning adoption of a Maintenance Map for a portion of Eastman Lane – approximately 200 feet in length, lying north of McKenzie Road – in the Cottage Hill area:

A. Adopt a Maintenance Map, Map Number L-4890-M, for a portion of Eastman Lane – approximately 200 feet in length, lying north of McKenzie Road – in the Cottage Hill area.  The Map delineates the extent of County Maintenance to define County property in areas where the County maintains roads without having deeded right-of-way, specifically that parcel of land as described in Official Record Book 6013, at Page 1966;

B. Approve said areas shown on the Map for continued maintenance, pursuant to Florida Statutes, Chapter 95.361; and

C. Authorize the Chairman or Vice Chairman to accept the Map as of the day of delivery of the Map to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute the Map for recording at that time.

The County has maintained a portion of Eastman Lane – approximately 200 feet in length, lying north of McKenzie Road – in the Cottage Hill area, as depicted on the Map, Number L-4890-M, specifically that portion of Eastman Lane that lies within that parcel of land described in Official Record Book 6013, at Page 1966.
 
11. 1601   Recommendation Concerning an Appointment to the Workforce Escarosa, Inc. Board of Directors - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the appointment of Joyce Yon, Employee Specialist, The National Caucus and Center for Black Aged, Inc., (NCBA), to the Workforce Escarosa Inc., Board of Directors as the NCBA permanent representative, effective October 20, 2011, for an indefinite term.
 
12. 1586   Recommendation Concerning Scheduling a Public Hearing for Uniform Method of Collection for Non-Ad Valorem Special Assessments - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing on December 8, 2011, at 5:31 p.m., to consider adopting a Resolution establishing its intent to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments, as provided in Florida Statutes 197.3632.
 
13. 1594   Recommendation Concerning Proposed Changes to S.R. 1300 - The RESTORE Gulf Coast Act of 2011 - Grover C. Robinson, IV, County Commissioner, District 4

That the Board approve the proposed amendments to S.R. 1300 - The Resources and Ecosystems Sustainability, Tourism Opportunities and Revived Economy (RESTORE) of the Gulf Coast Act of 2011. This bill proposes that 35 percent of the Clean Water Act penalties charged to BP be distributed equally to the five impacted states, from Florida to Texas.
 
14. 1617   Recommendation Concerning Out-of-County Travel - Charles R. "Randy" Oliver, County Administrator

That the Board authorize out-of-County travel for the following:

A.  Any representative of the Commission, the County Administrator, and/or the County Attorney wishing to participate in the conference/events, as noted on the 2011/2012 Annual Travel/Conference Schedule; and

B. Commissioners participating in the Florida Association of Counties' Advanced Commissioner Certification Program.
 
15. 1536   Recommendation Concerning License Agreement for Access Authorization to Escambia County Tax Parcel GEO Number 052S30-1001-002-017 - Keith Wilkins, REP, Community & Environment Department Director

That the Board approve and authorize the County Administrator to execute the License Agreement for Access Authorization to Escambia County Tax Parcel GEO Number 052S30-1001-002-017. This parcel is part of the EPA (Environmental Protection Agency) Escambia Wood Treating Superfund Project and is contiguous with properties which are currently being remediated by the EPA.
 
16. 1546   Recommendation Concerning Amended Partial Release of Liens Associated with Property Located at 3005 West Gonzalez Street - Amy Lovoy, Management and Budget Services Department Director

That the Board approve amending its action taken on the September 15, 2011, concerning partial release of Liens associated with property that will be conveyed to Habitat for Humanity, Inc., a not-for-profit corporation, using Escambia County’s Surplus Property Disposition for Affordable Housing Development Program, relating to Liens against property located at 1009 Alexandria Drive to correct Official Records Book 6653, Page 64, to Official Records Book 6553, Page 64, due to a scrivener’s error.
 
  II.  Budget/Finance Consent Agenda
 
1. 1609   Recommendation Concerning the Contract with the Escambia County Health Department - Dr. John Lanza, MD, PhD, MPH, FAAP, Escambia County Health Department

That the Board take the following action concerning the Contract between the Escambia County Board of County Commissioners and the State of Florida, Department of Health, for the Operation of the Escambia County Health Department:

A. Adopt, as allowed by Florida Statutes, Chapter 154, the Resolution entitled "A Resolution Authorizing a Contract Between the Escambia County Board of County Commissioners and the State of Florida, Department of Health for the Operation of the Escambia County Health Department for FY 2011-2012"; Providing for an Effective Date, for the Contract year of October 1, 2011, through September 30, 2012; and

B. Authorize the Chairman to sign the Resolution and the Contract.
 
2. 1608   Recommendation Concerning the Escambia County Health Department's Revised Fee Schedule - Dr. John Lanza, MD, PhD, MPH, FAAP, Escambia County Health Department

That the Board adopt the Resolution authorizing a revised Fee Schedule for the services provided by the State of Florida, Department of Health, Escambia County Health Department; periodically the Escambia County Health Department revises its schedule of fees for services, and the new fees will go into effect upon the Board's adoption of this Resolution.
 
3. 1595   Recommendation Concerning Budget Amendment #005 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #005, General Fund (001) in the amount of $106,245, to recognize an increase in the Property Appraiser's Fiscal Year 2011-2012 Budget approved by the Florida Department of Revenue (DOR), and to appropriate the increased allocation for the Property Appraiser's operational activities.
 
4. 1597   Recommendation Concerning Olive Road East Corridor (Davis to Scenic) Project Engineering-Design with Limited CEI - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Lump Sum Contract to DRMP, Inc., for multi-lane reconstruction, per PD 10-11.071, Olive Road East Corridor (Davis to Scenic) Project Engineering-Design with Limited CEI (Construction, Engineering and Inspection), in the amount of $1,482,372.47.

[Funding: Fund 352, LOST III, Cost Center 210109, Object Code 56301, Project #10EN0363 Olive Road]
 
5. 1592   Recommendation Concerning Olive Road West Corridor (Palafox to Davis) Resurfacing & Drainage Project Engineering-Design with Limited CEI - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Lump Sum Contract to Atkins North America, Inc. (formerly known as PBS&J), per PD 10-11.070, Olive Road West Corridor (Palafox to Davis) Resurfacing & Drainage Project Engineering-Design with Limited CEI (Construction, Engineering and Inspection) in the amount of $195,719.

[Funding: Fund 352, LOST III, Cost Center 210109, Object Code 56301, Project #10EN0363 Olive Road]
 
6. 1587   Recommendation Concerning Installation, Refurbish and Removal of Pavement Markings and Associated Items - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery, Unit Price Contract, PD 10-11.067, Installation, Refurbish and Removal of Pavement Markings and Associated Items, for a period of up to 36 months, effective October 1, 2011, to Coastline Striping, Inc., for an annual amount of up to $1,000,000.

[Funding: Fund 175, Transportation, Cost Center 211201, Object Code 54601, $400,000, and Fund 352, LOST III, Cost Center210107, Object Code 56301, $600,000]
 
7. 1540   Recommendation Concerning Coral Creek Subdivision South Area Drainage Improvements - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 10-11.076, Coral Creek Subdivision South Area Drainage Improvements, to Aero Training & Rental, Inc., for a total amount of $475,473.

[Funding:  Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project Number 08EN0301]
 
8. 1547   Recommendation Concerning Surplus and Sale of County-Owned Landlocked Property - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the surplus and sale of real landlocked property, which does not have an address, located in a parcel between West Fairfield Drive and Mission Road:

A. Declare surplus the Board’s real property, Account Number 06-0010-000, Reference Number 16-2S-30-1001-070-002;

B. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid of $3,392, in accordance with Section 46.134 of the Escambia County Code of Ordinances or make a factual determination, in accordance with Section 46-131, Escambia County Code of Ordinances, that the value of the real property is $15,000 or less, as determined by the records of the Escambia County Property Appraiser, and the size, shape, location, and value of the property would make it of use only to one adjacent property owner; and

C. Authorize the Chairman to sign all documents related to the sale.
 
9. 1578   Recommendation Concerning 2011/2012 Emergency Shelter Grant Agreement with Loaves and Fishes Soup Kitchen, Inc. - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the 2011/2012 Emergency Shelter Grant (ESG) Agreement with Loaves and Fishes Soup Kitchen, Inc.:

A. Approve an Agreement with Loaves and Fishes Soup Kitchen, Inc., detailing the utilization of a maximum of $87,020, to support salary and/or operational costs of the Loaves and Fishes Homeless Center located at 257 East Lee Street; and

B. Authorize the Chairman or Vice Chairman to execute the subject Agreement and all related documents required to complete the project.

[Funding: Fund 110, Other Grants and Projects/ESG, Cost Center 220561]
 
10. 1572   Recommendation Concerning 2011/2012 Rural Elderly Assistance Program Agreement with Council on Aging of West Florida, Inc. - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the 2011/2012 Rural Elderly Assistance Program (REAP) Agreement with the Council on Aging of West Florida, Inc. (COA):

A. Approve the Agreement with the Council on Aging of West Florida, Inc., in the amount of $47,000, for continuation of the Rural Elderly Assistance Program for the 2011/2012 Fiscal Year; and

B. Authorize the Chairman or Vice Chairman to execute the Agreement and related documents necessary to implement the project.

[Funding: Fund 129/CDBG, Cost Center 220439]
 
11. 1576   Recommendation Concerning Approval of 2011/2012 Fair Housing Services Agreement with Escambia-Pensacola Human Relations Commission - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the 2011/2012 Fair Housing Services Agreement with Escambia-Pensacola Human Relations Commission:

A. Approve the 2011/2012 Community Development Block Grant (CDBG) funded Fair Housing Services Agreement with Escambia Pensacola-Human Relations Commission (HRC), providing a total of $18,500 for the 2011/2012 Fiscal Year; and

B. Authorize the Chairman or Vice Chairman to execute the Agreement and all documents required to implement the Agreement.

[Funding: Fund 129/CDBG, Cost Center 220437]
 
12. 1450   Recommendation Concerning Sign Grant Funding for 3725 Mobile Highway - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following October 20, 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 Sign Grant Funding Agreement for the property located at 3725 Mobile Highway:

A. Approving the Sign Grant Program Funding Agreement between Escambia County CRA and Relax Inn Motel Corporation, owner of commercial property located at 3725 Mobile Highway, Pensacola, Florida, in the Brownsville Redevelopment Area, in the amount of $2,000, representing an in-kind match through the Brownsville Tax Increment Financing (TIF), Fund 151, Cost Center 220515, Object Code 58301, and/or Neighborhood Enterprise Foundation, Inc. (NEFI), 2008 Community Development Block Grant (CDBG), Fund 129, Cost Center 220563, Object Code 58301, for the installation of a new sign; and

B. Authorizing the Chairman to sign the Funding Agreement and any related documents necessary to implement this Grant award.
 
13. 1600   Recommendation Concerning Agreement with Pensacola Bay Transportation Company to Provide Paratransit Transportation Services - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action concerning an Agreement with Pensacola Bay Transportation Company, LLC, to Provide Paratransit Transportation Services:

A. Approve the Agreement to Provide Paratransit Transportation Services between the County and Pensacola Bay Transportation Company, LLC, in the estimated amount of $1,104,985 (payable in monthly installments), effective October 1, 2011, through September 30, 2012, to provide transportation services to disabled persons as required by the Americans with Disabilities Act (ADA) and State service plans; and

B. Authorize the Chairman to execute the Agreement and any supporting documents, pending Legal review and approval, without further action of the Board.

[Funding Source: Fund 104, Mass Transit - approximately $1,104,985 (included in Escambia County Area Transit's Fiscal Year 2012 Budget for ADA, non-sponsored transportation, and non-urbanized area services, much of which shows as revenue from Federal fund sources)]
 
14. 1552   Recommendation Concerning the Acquisition of Real Property Located on Saufley Field Road from the Johnson Family - Joy D. Blackmon, P. E., Pubic Works Department Director

That the Board authorize the Chairman to execute the Contract for Sale and Purchase from Michael and Sandra Johnson, David Johnson, Genevieve Hollis and Martha Morgan for the acquisition of property located at 5650 Saufley Field Road.

[Funding Source: Fund 401, "Solid Waste Fund", Cost Center 230316, "Saufley Landfill", Object Code 56101]

Meeting in regular session on June 16, 2011, the Board approved the purchase of three parcels of property located on Saufley Field Road from Michael and Sandra Johnson, David Johnson, Genevieve Hollis and Martha Morgan. Two of the parcels have been acquired, but in preparation for closing it was noted that the legal description was inadvertently omitted on the Contract for Sale and Purchase for this parcel as presented to the Board. In all other aspects, the Contract for Sale and Purchase remains unchanged. Staff is requesting Board approval to amend the Contract for Sale and Purchase to include the legal description and to proceed with this acquisition.
 
15. 1560   Recommendation Concerning the Acceptance of Property for Road Right-of-Way on Mason Lane - Joy D. Blackmon, P. E., Public Works Department Director

That the Board take the following action concerning the acceptance of property for road right-of-way on Mason Lane, from Racetrac Petroleum, Inc.:

A. Authorize Staff to negotiate and resolve any matters related to, or associated with the acceptance of property, by donation, for road right-of-way on Mason Lane from Racetrac Petroleum, Inc., to gather information and conduct inspections, as needed, to allow the Board’s acceptance of the real property;

B. Authorize payment of documentary stamps because the property is being acquired for governmental use, which is for road right-of-way, and the County benefits from the acquisition of this property because it will facilitate the construction of a new commercial business, which will increase the County’s tax roll;

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

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

Racetrac Petroleum, Inc., owns property located at the southeast corner of Mason Lane and North Palafox Street and is in the process of constructing a store at this location. The County has limited right-of-way on Mason Lane. Through the Development Review Process (DRC), Racetrac Petroleum Inc., was requested to donate property (6098.40 square feet or approximately 0.14 acres) to the County for additional right-of-way along Mason Lane. Board approval is required to allow Staff to proceed with this acquisition by donation and for the Board’s acceptance of the property for road right-of-way.
 
16. 1564   Recommendation Concerning the Acceptance of a Public Right-of-Way Easement from The Board of Public Instruction of Escambia County, Florida - Joy D. Blackmon, P. E., Public Works Director

That the Board take the following action concerning the acceptance of a Public Right-of-Way Easement on St. Joseph Avenue, from the Board of Public Instruction of Escambia County, Florida; a/k/a The School Board of Escambia County, Florida:

A. Authorize Staff to negotiate and resolve any matters related to, or associated with the acceptance of the Public Right-of-Way Easement on St. Joseph, Avenue from The Board of Public Instruction of Escambia County, Florida, a/k/a The School Board of Escambia County, Florida, and to gather information and conduct inspections as needed to allow the Board’s acceptance of the Easement;

B. Authorize payment of documentary stamps because the property is being acquired for governmental use, which is for road right-of-way, and the County benefits from the acquisition of this property because it will facilitate the construction of sidewalks for the safety 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 Public Right-of-Way Easement as of the day of delivery of the Public Right-of-Way Easement to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board’s acceptance at that time.

The Board of Public Instruction of Escambia County, Florida, a/k/a The School Board of Escambia County, owns property on St. Joseph Avenue (Goulding School). Escambia County has plans to construct sidewalks along St. Joseph Avenue, between North "L" Street and North "I" Street. The School Board is willing to grant a Public Right-of-Way Easement to the County to facilitate the sidewalk construction project.
 
17. 772   Recommendation Concerning the Aquisition of Property, Totaling Approximately 14.81 Acres, Located Along Camp Road and Pine Barren Road, Escambia County, Florida - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning the acquisition of property, totaling approximately 14.81 acres, located along Camp Road and Pine Barren Road, in Escambia County, Florida:

A. Authorize staff to make an offer to RMS Timberlands, LLC, up to $52,879, to purchase the 14.81 acre parcel, located along Camp Road and Pine Barren Road, in Escambia County, Florida;

B. Authorize the payment of incidental expenses associated with the acquisition of the property; and

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

[Fund 401, Solid Waste, Cost Center 230315, Object Code 56101]
 
18. 1611   Recommendation Concerning Approval of Agreement with Swagit Productions, LLC, for Video Streaming Services - David Musselwhite, Information Technology Department Director

That the Board approve and authorize the County Administrator to sign the Agreement for Video Streaming Services with Swagit Productions, LLC, of Plano, Texas, for an upfront amount of $4,885 and a monthly service fee of $1,825, which will replace the existing in-house video streaming services with a hosted solution that will provide 24 hours a day, 7 days a week continuous streaming of the Escambia County Television Programing and on-demand video streaming of the Board of County Commissioners' Meetings that are indexed to the published meeting Agendas.

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

Section 8 General Provisions -
Sub-section 8.3 Attorney's Fees. If suit of action is initiated in connection with any controversy arising our of this Agreement, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees, or in event of appeal as allowed by appellate court.

[Funds are available in the Fiscal Year 2011/2012 Budget]
 
  III. For Discussion
 
1. 1612   Recommendation Concerning the 2012 Legislative Requests - Charles R. "Randy" Oliver, County Administrator

That the Board authorize the County Administrator to submit the 2012 Legislative Requests to the Northwest Florida Legislative Delegates with the intent and hope that the items will be reviewed in the approaching session. (Please note, this is a final Draft. The final Legislative Agenda will be distributed under separate cover before the meeting.)
 
2.   Discussion Concerning Nine Mile Road Resurfacing - Commissioner Kevin W. White, Chairman

(NO BACKUP PROVIDED)
 
3. 1632   Recommendation Concerning a Lease Agreement between Pensacola Ice, LLC, and the Escambia County Board of County Commissioners - Amy Lovoy, Management & Budget Services Department Director

That the Board approve the Lease between Pensacola Ice, LLC, and the Escambia County Board of County Commissioners, providing for an exclusive right to present ice hockey in the Pensacola Civic Center, commencing on April 15, 2012, until the end of the 2012/2013 hockey season with a two-year extension available upon mutual agreement of the parties.
 
4. 1619   Discussion Concerning County Administrator's Annual Evaluation - Charles R "Randy" Oliver, County Administrator
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 1607   Recommendation Concerning Scheduling a Public Hearing to Approve Setting a Referendum for Renewal of the Economic Development Ad Valorem Tax Exemption (EDATE) Ordinance

That the Board authorize the scheduling and advertising of a Public Hearing for November 3, 2011, at 5:31 p.m., to consider approving a referendum for renewal of the Economic Development Ad Valorem Tax Exemption (EDATE) Ordinance.
 
  II.  For Discussion
 
1. 1604   Recommendation Concerning Creating the Roadway Safety Ordinance and Amending the Panhandling Ordinance

That the Board take the following action:

A. Determine whether to reconsider the proposed Ordinance creating the Roadway Safety Ordinance and amending the Panhandling Ordinance, previously discussed and voted on by the Board at its Regular Meeting on September 15, 2011;

and, if so:

B. Schedule a Public Hearing to consider the proposed Ordinance creating the Roadway Safety Ordinance and amending the Panhandling Ordinance for November 17, 2011, at 5:32 p.m., and authorize the advertising of the Public Hearing;

and if so:

C. Select which of the two versions of the proposed Ordinance the Board desires to consider, Version A or Version B.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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