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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. VERBAL REACTION OR APPLAUSE IS NOT
    APPROPRIATE.
 
PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – November 3, 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 White.
 
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.   Presentation by Pensacola Habitat for Humanity, on behalf of its homeowners, of a check for payment of property taxes.
 
7. 1688   Proclamations.

Recommendation: That the Board take the following action concerning adoption of the following three Proclamations:

A. Adopt the Proclamation proclaiming November 13-19, 2011, as "National Hunger and Homelessness Awareness Week" in Escambia County;

B. Adopt the Proclamation proclaiming November 2011, as "National Hospice Month" in Escambia County; and

C. Adopt the Proclamation proclaiming November 2011, as "Pancreatic Cancer Awareness Month" in Escambia County.
 
8.   Written Communication:
 
1659   October 6, 2011- Email communication from Whitney Vaughan Fike requesting the Board forgive the fines relative to a Code Enforcement Lien against property located at 3720 Barrancas Avenue.

Recommendation: That the Board review and consider lien relief request made by Mr. and Mrs. Adam T. and Whitney Fike against property located at 3720 Barrancas Avenue.

On June 18, 2009, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H 2. 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.
 
9.   Did the Clerk’s Office receive the proofs of publication for the Public Hearing(s) on the agenda and the Board’s Weekly Meeting Schedule?

Recommendation: That the Board waive the reading of the legal advertisement(s) and accept, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners – Escambia County, Florida, Meeting Schedule.
 
10. 1675   5:31 p.m. Public Hearing for consideration of adopting an Ordinance setting a referendum for renewal of the Economic Development Ad Valorem Tax Exemption (EDATE).

Recommendation:  That the Board, at the 5:31 p.m. Public Hearing, adopt an Ordinance setting a referendum for renewal of the Economic Development Ad Valorem Tax Exemption (EDATE).
 
11. 1624   5:32 p.m. Public Hearing for consideration of the Petition to Vacate various rights-of-way in Leonard Tracts Subdivision, as petitioned by Figure 8 Florida LLC.

Recommendation: That the Board, at the 5:32 p.m. Public Hearing, take the following action concerning the vacation of various rights-of-way (approximately 237,599 square feet, or 5.45 acres) in Leonard Tracts Subdivision, as petitioned by Figure 8 Florida LLC:

A. Approve the vacation of various rights-of-way (approximately 237,599 square feet, or 5.45 acres) in Leonard Tracts Subdivision, as petitioned by Figure 8 Florida LLC;

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.

Figure 8 Florida LLC owns several large parcels of property in the Leonard Tracts Subdivision as recorded in Plat Deed Book 100 at Page 171 of the public records of Escambia County, Florida. Leonard Tracts Subdivision is an undeveloped subdivision located at the northeast corner of the intersection of US 29 and Beck’s Lake Road in the Cantonment area. Petitioner has plans to develop their property, which is divided by several of the unimproved rights-of-way (30’ wide) as shown on the plat of Leonard Tracts Subdivision. To facilitate the company's development plans, petitioner is requesting the Board vacate any interest the County has in various platted rights-of-way, as shown on Exhibit “A” (approximately 237,599 square feet or 5.45 acres) lying within the boundaries of said Leonard Tracts Subdivision.
 
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. 1668   Recommendation Concerning Acceptance of Reports Prepared by the Clerk of the Circuit Court & Comprtoller's Finance Department

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

A. The following two Payroll Expenditures:

(1) Pay Date October 14, 2011, in the amount of $2,135,778.61; and

(2) Pay Date October 28, 2011, in the amount of $2,111,636.15; and

B. The following three Disbursement of Funds:

(1) October 6, 2011, to October 12, 2011, in the amount of $2,149,043.02;

(2) October 13, 2011, to October 19, 2011, in the amount of $9,290,239.31; and

(3) October 20, 2011, to October 26, 2011, in the amount of $2,346,139.06.
 
2. 1669   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.  The U.S. Department of Housing and Urban Development, Applicant/Recipient Disclosure/Update Report, based on the Board's January 7, 2010, action concerning the State of Florida Department of Community Affairs (DCA) Community Development Block Grant (CDBG) Disaster Recovery Grant (2008 Storms); and

B.  The 2011 Annual Investment Report, as provided by the Honorable David Morgan, Escambia County Sheriff, and received in the Clerk to the Board's Office on October 18, 2011. 
 
3. 1671   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 October 20, 2011; and

B.  Approve the Minutes of the Regular Board Meeting held October 20, 2011.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 1589   Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on October 10, 2011

That the Board take the following action concerning the rezoning cases heard by the Planning Board on October 10, 2011:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2011-16 and Z-2011-17 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-2011-16
Location: 7420 W Nine Mile Rd
Property Reference No.: 01-1S-32-4303-001-002
Property Size: .30 (+/-) acre
From: RR, Rural Residential District (cumulative) Low Density (2 du/acre)
To: R-6 Neighborhood Commercial and Residential District, (cumulative) High Density (10 du/acre)
FLU Category: MU-S, Mixed Use Suburban
Commissioner District: 1
Requested by: Tim Eagan, Agent for Paul Roberts, Owner
Planning Board Recommendation: Approval
Speakers: T. R. Eagan
Michael McNally
Paul Roberts
2 Case No.: Z-2011-17
Location: 9991 Guidy Lane
Property Reference No.: 07-1S-30-1018-000-000
Property Size: .35 (+/-) acre
From: R-2, Single Family District
(cumulative), Low-Medium Density
(7 du/acre)
To: R-6 Neighborhood Commercial and
Residential District, (cumulative)
High Density (25 du/acre)
FLU Category: MU-U, Mixed Use Urban
Commissioner District: 5
Requested by: Wiley C. Buddy Page, Agent for Charles and Linda Welk, Owners
Planning Board Recommendation: Denial
Speakers: Wiley C. Page (Buddy Page)
Charles Welk
Duffy Meligan
Steven White
 
2. 1590   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 October 10, 2011 and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 1537   5:46 p.m. A Public Hearing Concerning the review of Comprehensive Plan Amendment (CPA) 2011-02

That the Board of County Commissioners approve for transmittal to the Florida Department of Economic Opportunity and other appropriate State Agencies, the proposed Comprehensive Plan Amendment (CPA) 2011-02, amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan 2030, as amended; amending the Future Land Use Map designation.
 
  II. Consent Agenda
 
1. 1591   Recommendation Concerning the Scheduling of Public Hearing

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

Thursday December 8, 2011

5:45 p.m. A Public Hearing concerning the Escambia County Comprehensive Plan, Amending Chapter 15, “Capital Improvements Element”
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 1628   Recommendation Concerning Removal of Policies from BCC Policy Manual Pertaining to Development Services Department - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board approve removing the following five Policies from the Board of County Commissioners' (BCC) Policy Manual pertaining to the Development Services Department, as they are now part of the Escambia County Land Development Code:

A. Certificate of Zoning - Alcoholic Beverages, Section II, Part D. 2, date adopted - August 19,1976;

B. Assisted Housing Projects, Section II, Part D.1, date adopted - November 24, 1987;

C. Setback Permits, Section III, H.1, (no date adopted noted);

D. Setback Requirements for Mobile Homes, Section III, I-1, date adopted - January 28, 1986; and

E. Setback Waivers and Tree Ordinance Waivers, Section III, date adopted - February 23, 1982.
 
2. 1630   Recommendation Concerning Request for Disposition of Property for the Development Services Department - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board approve the Request for Disposition of Property Form for the Development Services Department, Building Inspections Division, for property which is described and listed on the form for the reason stated, with the item to be disposed of as indicated.
 
3. 1646   Recommendation Concerning the Conveyance of Two Utility Easements to Emerald Coast Utility Authority (ECUA) - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of two Utility Easements on County-owned property located in the Lakewood Subdivision area to Emerald Coast Utilities Authority (ECUA):

A. Approve granting two Utility Easements on County-owned property located in the Lakewood Subdivision area to ECUA; and

B. Authorize the Chairman or Vice Chairman to sign the necessary documents granting Utility Easements to ECUA.

ECUA has a project under construction to expand sanitary sewer service in the Lakewood Subdivision area. Design for this project indicates the need for two new lift stations, and ECUA is requesting that the County convey the Utility Easements to ECUA to accommodate this construction.
 
4. 1660   Recommendation Concerning Scheduling a Public Hearing for the Coventry Estates Subdivision Street Lighting MSBU - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing for the establishment of a street lighting Municipal Services Benefit Unit (MSBU) on November 17, 2011, at 5:33 p.m., to consider adoption of an Ordinance creating the Coventry Estates Subdivision Street Lighting MSBU.
 
5. 1680   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 Randall (Randy) Fleming, Circuit 1 Community Development Administrator, State of Florida Department of Children and Families (DCF), to the Workforce Escarosa, Inc., Board of Directors as the Public Assistance/DCF permanent representative, effective November 3, 2011, for an indefinite term.
 
6. 1681   Recommendation Concerning 2012 Board of County Commissioners' Meeting/Committee of the Whole Meeting Schedule - Charles R. "Randy" Oliver, County Administrator

That the Board approve the 2012 Board of County Commissioners’ Meeting/Committee of the Whole Meeting Schedule, as submitted.
 
7. 1682   Recommendation Concerning Appointment to Escambia County Canvassing Board for 2012 Elections - Charles R. "Randy" Oliver, County Administrator

That the Board take the following action concerning an appointment to the Escambia County Canvassing Board:

A. Appoint Commissioner Grover C. Robinson, IV, to serve on the Escambia County Canvassing Board for the 2012 elections. Commissioner Robinson would serve during the following elections: The Presidential Preference Primary January 31, 2012; the Primary Election, August 14, 2012; and the General Election, November 6, 2012; and

B. Authorize out-of-County travel and funding to a Canvassing Board Workshop scheduled in Orlando, Florida, on Friday, December 9, 2011.
 
  II.  Budget/Finance Consent Agenda
 
1. 1647   Recommendation Concerning Budget Amendment #010 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #010, General Fund (001) in the amount of $25,351, to appropriate additional personnel funds due to a leave payout caused from an employee resigning.
 
2. 1648   Recommendation Concerning Supplemental Budget Amendment #013 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #013, General Fund (001) and Community Redevelopment Fund (151) in the amount of $3,686, to recognize an adjustment to the Escambia County Tax Increment Financing (TIF) Districts. This moves $5,994 from reserves for operating and appropriates an additional $3,686 for the County TIF Areas and an additional $2,308 for the City TIF Areas based on the final certification of property values.
 
3. 1673   Recommendation Concerning Supplemental Budget Amendment #021 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #021, Local Option Sales Tax III Fund (352) in the amount of $1,000,000, to recognize Grant funds from the U.S. Department of Justice, and to appropriate these funds for the communications re-banding initiative at the Public Safety Department.
 
4. 1678   Recommendation Concerning Supplemental Budget Amendment #022 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #022, Other Grants & Projects Fund (110) in the amount of $19,434, to recognize Grant funds from the Florida Department of Health, and to appropriate these funds for the improvement and expansion of pre-hospital Emergency Management System (EMS) systems in Escambia County.
 
5. 1664   Recommendation Concerning Supplemental Budget Amendment #333 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #333, Civic Center Fund (409) in the amount of $357,121, to recognize additional concessions revenues over budget, and to appropriate these funds for the final associated September 2011 Civic Center expenses.
 
6. 1613   Recommendation Concerning Kupfrain Park Area Improvements - Avery Street from Pace Boulevard to “J” Street - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 10-11.077, Kupfrain Park Area Improvements - Avery Street from Pace Boulevard to “J” Street, to Gulf Atlantic Constructors, Inc., for a total amount of $826,000. The project features lane and drainage improvements.

[Funding: Fund 352 (LOST III), Cost Center 210107, Object Code 56301, Project Number 10EN0433]
 
7. 1665   Recommendation Concerning COPS Technology Grant #2010CKWX0486 - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the U.S. Department of Justice, Community Oriented Policing Services (COPS), Law Enforcement Technology Grant #2010CKWX0486 for replacement of a 300 foot microwave communications tower, equipment shelter and emergency generator:

A. Ratify the Chairman’s and the Interim County Administrator’s signatures on the electronic COPS Technology Program Grant Application, dated June 24, 2010;

B. Accept the Grant in the amount of $1,000,000, for the period December 16, 2009, through December 15, 2012;

C. Ratify the Chairman’s and County Administrator’s signatures on the award document; and

D. Authorize the Chairman and/or County Administrator to sign Amendments, requests for payment and other related documents as may be required.
 
8. 1626   Recommendation Concerning Approval of the 2011-2012 Home Investments Partnerships Act (HOME) Program Interlocal Agreements with the City of Pensacola and Santa Rosa County - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning implementation of the 2011 Home Investments Partnership Act (HOME) Program Grant (#M-11-DC-12-0225):

A. Approve the HOME Program Interlocal Agreement with the City of Pensacola, providing for the utilization of $316,852 in 2011 HOME funds, to support approved Substantial Housing Rehabilitation/Reconstruction assistance and related project management activities within the City of Pensacola, with an effective date of November 1, 2011;

B. Approve the HOME Program Interlocal Agreement with Santa Rosa County, providing for the utilization of $232,232 in 2011 HOME funds, to support approved homebuyer assistance and related project management activities within Santa Rosa County, with an effective date of November 1, 2011; and

C. Authorize the Chairman or Vice Chairman to execute the Interlocal Agreements and all documents required to implement HOME project activities.

[Funding: Fund 147/HOME, Cost Center 220401]
 
9. 1645   Recommendation Concerning the Conveyance of an Underground Distribution Easement to Gulf Power Company for Electric Service on County-owned Property - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of an Underground Distribution Easement to Gulf Power Company for electric service on County-owned property, located on North Highway 95-A for improvements on the Old Molino School property:

A. Approve granting an Underground Distribution Easement to Gulf Power Company for electric service on County-owned property, located on North 95-A for improvements on the Old Molino School property; and

B. Authorize the Chairman to sign the Easement document and any other documents, subject to Legal review and sign-off, associated with the granting of the Underground Distribution Easement to Gulf Power Company.

[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]
 
  III.  Discussion
 
1. 1691   Recommendation Concerning the Sale of Real Property Located at 7251 North Century Boulevard - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the sale of real property located at 7251 North Century Boulevard, Account Number 11-1678-000, Reference Number 07-5N-30-1205-000-000:

A. Authorize the sale of the property in accordance with Section 46-131 of the Escambia County Code of Ordinances. The real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property, and the size, shape, location and value of the property would make it of use only to one or more adjacent property owners; and

B. Authorize the Chairman to sign all documents related to the sale.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 1666   Recommendation Concerning Demolition of a Residential Structure Located at 4635 Whisper Way

That the Board authorize the Environmental Code Enforcement Department to pursue the demolition of a residential structure located at 4635 Whisper Way in Escambia County pursuant to an order of the environmental code enforcement special magistrate.
 
2. 1657   Recommendation concerning scheduling an Attorney-Client Session regarding Jacenta Walker v. Escambia County Office of Environmental Enforcement, et al. - Case No.: 2010 CA 001107

That the Board take the following action:

A. Schedule a private meeting with its attorneys to discuss pending litigation, in accordance with Section 286.011 (8), Florida Statutes, for Thursday, November 10, 2011 at 8:30 a.m.; and,

B. Ratify the public notice printed below that was published in the Pensacola News Journal on Saturday, October 29, 2011.

PUBLIC NOTICE

IT IS THE INTENTION of the Board of County Commissioners of Escambia County, Florida, to hold a private meeting with its attorney to discuss pending litigation in the case of Jacenta Walker v. Escambia County Office of Environmental Enforcement, et al., in accordance with Section 286.011 (8), Florida Statutes. Such attorney-client session will be held at 8:30 a.m., C.T. on Thursday, November 10, 2011, in the Board Meeting Room, First Floor, Escambia County Governmental Complex, 221 Palafox Place, prior to the meeting of the Board of County Commissioners. Commissioners Wilson B. Robertson, Gene M. Valentino, Marie K. Young, Grover C. Robinson, IV, and Kevin W. White, County Administrator Charles R. "Randy" Oliver, County Attorney Alison Rogers, Attorney representing Escambia County Ryan E. Ross, Assistant County Attorney, and a certified court reporter will attend the attorney-client session.
 
3. 1667   Recommendation Concerning Approval of a Workers' Compensation Settlement to Former Employee Ginger Lee

That the Board approve a Workers' Compensation settlement to former employee Ginger Lee, in the amount of $57,500.00, and a separate attorney's fee, in the amount of $2,500.00. In return for the settlement amount, Ms. Lee will execute a general release of liability and waiver of future employment.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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