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PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – November 17, 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 of County pins to the Russian delegation traveling in the United States as guests of the U.S. Congress through the Open World Program of the U.S. Library of Congress.
 
7. 1763   Retirement Proclamations.

Recommendation: That the Board adopt the following two Proclamations:

A. The Proclamation commending and congratulating George Hoffman, Equipment Operator III, Public Works Department, on his retirement after 16 years of service; and

B. The Proclamation commending and congratulating Sava Varazo, Water Quality Manager, Community and Environment Department, on his retirement after 4 years of service.
 
8. 1782   Proclamations.

Recommendation: That the Board ratify the following four Proclamations:

A. The Proclamation dated November 2, 2011, recognizing and commending the life and actions of the late Lieutenant John Watson, USN, for his dedication, leadership, and service to our community, our country and the Armed Forces;

B. The Proclamation dated November 7, 2011, extending congratulations to Bellview Middle School for 50 years of service to the School District of Escambia County;

C. The Proclamation dated November 7, 2011, joining the Florida Pediatric Society/Florida Chapter of the American Academy of Pediatrics and the Florida Children’s Medical Services in commending and congratulating Dr. Jimmy E. Jones for the distinct honor of receiving the Philip O. Lichtblau Award and for his dedication, leadership and service to our children and our community; and

D. The Proclamation dated November 9, 2011, joining the Gathering Awareness and Book Center in extending a warm welcome to Ms. Lecia Brooks on the occasion of her visit to Escambia County and wishing her continued success in future endeavors.
 
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. 1654   5:31 p.m. Public Hearing for consideration of adopting a Resolution amending the Barrancas Redevelopment Area Plan.

Recommendation: That the Board, at the 5:31 p.m. Public Hearing, take the following action concerning adopting a Resolution amending the Barrancas Redevelopment Area Plan:

A. Adopt the Resolution amending the Barrancas Area Redevelopment Plan; amending the Plan document originally adopted by the Board of County Commissioners on September 19, 2002; providing for severability; providing for an effective date; and

B. Authorize the Chairman to execute the Resolution.
 
11. 1722   5:32 p.m. Public Hearing for consideration of adopting an Ordinance creating the Roadway Safety Ordinance and amending the Panhandling Ordinance.

Recommendation: That the Board, at the 5:32 p.m. Public Hearing, take the following action:

A. Adopt Version "A," which would create a new Chapter 86, Article IV, Division 2, Sections 86-106 through 86-109, of the Escambia County Code of Ordinances, titled the Roadway Safety Ordinance. The Ordinance would establish regulations for stopping and standing on medians and provides for penalties. Version "A" also amends Chapter 86, Article VIII, Sections 86-250 through 86-253, the Panhandling Ordinance, to provide for additional legislative findings and update the Community Redevelopment Area information;

OR

B. Adopt Version "B," which would create a new Chapter 86, Article IV, Division 2, Sections 86-106 through 86-108, of the Escambia County Code of Ordinances, titled the Roadway Safety Ordinance. The Ordinance would establish regulations for stopping and standing on medians and provides for penalties. Version "A" also amends Chapter 86, Article VIII, Sections 86-250 through 86-253, the Panhandling Ordinance to provide for additional legislative findings and update the Community Redevelopment Area information. Version "B" does not include in the Roadway Safety Ordinance section concerning approaching motor vehicles on roadways or rights-of-way.
 
12. 1703   5:33 p.m. Public Hearing for consideration of adopting an Ordinance creating the Coventry Estates 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 Coventry Estates 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.
 
13. 1789   Committee of the Whole Recommendation.

Recommendation: The Committee of the Whole (C/W), at the C/W Workshop held November 10, 2011, recommends that the Board take the following action:

A. Allow the Florida Association of Convention and Visitors Bureaus (FACVB) to conduct a study (at no cost to the County) and come back to the Board within 30 days with all the options, with the advantages and disadvantages of each option, with all tourism stakeholders to be included, and the County Administrator's guidelines to be considered, relative to Tourist Development (Tax) Funding (C/W Item 4);

B. Authorize the County Administrator to meet with representatives of the Sheriff's Office to discuss possible options, for discussion at the December 15, 2011, C/W Workshop, relative to Code Enforcement Officer Safety Issues (Guns), (C/W Item 5); and

C. Support staff's recommendations in the report back to the Department of the Interior and the National Park Service, as outlined in the "Gulf Islands National Seashore Draft General Management Plan" PowerPoint Presentation (Commissioner White Add-on #1).
 
14.   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. 1726   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 seven reports prepared by the Clerk of the Circuit Court & Comptroller's Finance Department:

A. Payroll Expenditures for Pay Date November 10, 2011, in the amount of $2,076,192.44;

B. The following two Disbursement of Funds:

(1) October 27, 2011, to November 2, 2011, in the amount of $9,534,961.13; and

(2) November 3, 2011, to November 9, 2011, in the amount of $1,863,802.56;

C. The Investment Report for month ended October 31, 2011;

D. The Tourist Development Tax Collections Data for the September 2011 returns received in the month of October 2011; this is the first month of collection in Fiscal Year 2012, and the total collected for the month of September 2011 was $458,182, which is a 6.77% increase over collections during September 2010; and

E. Budget Comparison Reports for one month, or 8.29%, of Fiscal Year 2012, as follows:

(1) Summarized, by Fund, Budget to Actual Comparison as of October 31, 2011; and

(2) Actual Revenue and Expenditure Comparison to the prior Fiscal Year as of October 31, 2011.
BACKUP TO BE DISTRIBUTED UNDER SEPARATE COVER
 
2. 1707   Recommendation Concerning Disposition of Records

That the Board approve Records Disposition Document No. 465, for disposition of Board of County Commissioners' Records, Item 32a, Minutes: Official Meetings (Transcripts: Microfilmed on Rolls 473 and 474), for the period April 7, 2011, through June 2, 2011, in accordance with State Retention Schedule GS1, since the permanent records have been scanned and/or microfilmed.
 
3. 1785   Recommendation Concerning Removal of Fixed Assets from Inventory

That the Board approve the transfer of machinery and equipment from its Fixed Assets Inventory Records to the Escambia County Sheriff's Office as of September 30, 2011, in the amount of $2,668,961.95.
 
4. 1730   Recommendation Concerning Approval of County Investment Advisory Committee Meeting Minutes

That the Board approve the Minutes of the Quarterly Meeting of the County Investment Advisory Committee (CIAC) held July 29, 2011, as prepared by Doris Harris, Clerk to the Board's Office, and approved by the CIAC on October 28, 2011.
 
5. 1727   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 Northwest Florida Water Management District 2010 Annual Report, and the Governing Board Meeting Schedule for 2012, as provided by Robin K. Tucker, Executive Assistant, Northwest Florida Water Management District, and received in the Clerk to the Board's Office on November 4, 2011.
 
6. 1728   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 November 3, 2011;

B. Approve the Minutes of the Attorney-Client Session held November 3, 2011;

C. Approve the Minutes of the Regular Board Meeting held November 3, 2011; and

D. Approve the Minutes of the Attorney-Client Session held November 10, 2011.
 
 
GROWTH MANAGEMENT REPORT
 
  I. Consent Agenda
 
1. 1623   Recommendation Concerning the Scheduling of Public Hearings

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

Thursday, December 8, 2011

A. 5:46 p.m. LDC Ordinance - Article 7 “Certificate Of Zoning Compliance For The Sale Of Alcoholic Beverages”
B. 5:47 p.m. LDC Ordinance - Article 2 "BCC Review and Action of Rezonings"
C. 5:48 p.m. LDC Ordinance - Article 8 "Signage"
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 1655   Recommendation Concerning CRA Meeting Minutes October 20, 2011 - Keith Wilkins, REP, Community & Environment Department Director

That the Board accept, for filing with the Board’s Minutes, the October 20, 2011, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Vera Cardia-Lively, Senior Office Support Assistant, CRA.
 
2. 1694   Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate a Portion of Palafox Parkway, Brentwood Park Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board schedule a Public Hearing for December 9, 2011, at 5:32 p.m., to consider the Petition to Vacate a portion of Palafox Parkway (40 feet x 260 feet = 10,400 square feet or 0.23 acres) in Brentwood Park Subdivision, as petitioned by Brentwood Assembly of God, Inc.

Palafox Parkway (40' R/W) is a paved County-maintained road, dedicated and shown on the Plat of Brentwood Park Subdivision, as recorded in Plat Book 1, at Page 11, of the Public Records of Escambia County, Florida. Brentwood Assembly of God, Inc., owns most of the property on both sides of the portion of Palafox Parkway requested to be vacated. Petitioner is requesting the Board vacate any interest the County has in the portion of Palafox Parkway (40 feet x 260 feet = 10,400 square feet or 0.23 acres) lying between Virginia Way and Rosalyn Way (formerly known as Rosalyn Boulevard) according to said Plat and as shown on Exhibit "A".
 
3. 1696   Recommendation Concerning Appointments/Reappointments to the Escambia County Extension Council - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning appointments/reappointments to the Escambia County Extension Council:

A. Appoint the following four individuals to a two-year term effective December 1, 2011, through November 30, 2013:

ZONE NAME AND ADDRESS
1 Mark Casson, 10810 Highway 97, McDavid, Florida, 32568
3 Vernon Hiebert, 4890 Lemon Road, Walnut Hill, Florida, 32568
5 Charles Woodward, 5516 Molino Road, Molino, Florida, 32577
11 Carol B. Tanksley, 8012 Eastwood Lane, Pensacola, Florida, 32514-6551

B. Reappoint the following two individuals to a two-year term, effective December 1, 2011, through November 30, 2013:

ZONE NAME AND ADDRESS
7 Debbie Looney, 9491 Cove Avenue, Pensacola, Florida, 32534
9 Julie Sackman, 3451 Wellington Road, Pensacola, Florida, 32504

C. Request the County Administrator's Office provide letters of appointment to incoming members and letters to appreciation to out-going members.
 
4. 1715   Recommendation Concerning the Chairman’s 2011/2012 Annual Appointments to Boards and Committees - Charles R. "Randy" Oliver, County Administrator

That the Board confirm Chairman Wilson B. Robertson’s 2011/2012 annual appointments to Boards and Committees on which Commissioners serve, as submitted, effective November 17, 2011.
 
5. 1716   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the New Year's Eve Fireworks Display at Casino Beach Fishing Pier - 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 Pensacola Beach Chamber of Commerce, at the Casino Beach Fishing Pier, from 11:59 p.m., December 31, 2011, to 12:10 a.m., January 1, 2012.
 
6. 1679   Recommendation Concerning the Requests for Disposition of Property for the Solid Waste Management Department - Patrick T. Johnson, Solid Waste Management Department Director

That the Board approve the two Requests for Disposition of Property Forms for the Solid Waste Management Department for property which is described and listed on the Disposition Forms, with reasons for disposition stated. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or properly disposed.
 
7. 1758   Recommendation Concerning the Requests for Disposition of Property for the Corrections Department - Gordon C. Pike, Corrections Department Director

That the Board approve the two Requests for Disposition of Property Forms for the Corrections Department Environmental Enforcement and Animal Control Division, for property which is described and listed on the Disposition Forms, with reasons for disposition stated. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or properly disposed.
 
8. 1765   Recommendation Concerning Establishing a Resolution of Support for "Project Control" as a Qualified Target Industry Business - Charles R. "Randy" Oliver, County Administrator

That the Board take the following action concerning establishing a Resolution of Support for "Project Control," as a Qualified Target Industry Business and providing for local financial support not to exceed $9,000, in the form of an Economic Development Ad Valorem Tax Exemption (EDATE) and a Grant from the Economic Development Incentive Fund:

A. Adopt a Resolution expressing support for "Project Control" as a Qualified Target Industry Business and providing for local financial support not to exceed $9,000; and

B. Authorize the Chairman to sign the Resolution.
 
9. 1779   Recommendation Concerning the County Administrator Appointment to the Escambia County Animal Services Advisory Committee - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action concerning the County Administrator appointment to the Escambia County Animal Services Advisory Committee:

A. Confirm the appointment of Lindley Paxton Barden as an at-large representative to the Escambia County Animal Services Advisory Committee, with the term of appointment to be effective November 17, 2011, through November 16, 2014; and

B. Request the County Administrator's Office to provide a letter of appreciation to George I. Felt, Jr., for his dedicated service.
 
  II.  Budget/Finance Consent Agenda
 
1. 1764   Recommendation Concerning Supplemental Budget Amendment #029 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #029, Local Option Sales Tax II (LOST), Fund (351), and Local Option Sales Tax III (LOST), Fund (352), in the amount of $4,765,306.20, to recognize a transfer of funds from LOST II to LOST III, and to appropriate these funds as part of the final close-out of the LOST II Fund for capital and infrastructure projects in Escambia County.
 
2. 1746   Recommendation Concerning Adjustments to the Escambia County Emergency Medical Services Ambulance Fee Schedule and EMS Billing/Collecting Procedures Policy – Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Escambia County Emergency Medical Services (EMS) Ambulance Fee Schedule and EMS Billing/Collecting Procedures Policy:

A. Adopt the Resolution providing for a revised schedule of fees specific to mileage, base rates, and other charges, revising the EMS Billing/Collecting Procedures Policy, authorizing submittal of certain outstanding debts to credit bureaus, and authorizing the Public Safety Director to write-off certain debts, effective upon adoption by the Board; and,

B. Authorize the Chairman to sign the Resolution.
 
3. 1721   Recommendation Concerning CR297-A (Pine Forest Road to Sandicrest) and Pine Cone Widening and Drainage Improvements – Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 10-11.078, CR297-A (Pine Forest Road to Sandicrest) and Pine Cone Widening and Drainage Improvements, to Panhandle Grading & Paving, Inc., for a total
amount of $2,234,240.50.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project No. 08EN0105]
 
4. 1717   Recommendation Concerning the Surplus and Sale of Real Property Located at Lepley Road North - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the surplus and sale of real property located at Lepley Road North:

A. Declare surplus the Board’s real property, Account Number 03-0504-050, Reference Number 23-1S-30-1201-002-083;

B. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid of $2,805, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

C. Authorize the Chairman to sign all documents related to the sale.
 
5. 1705   Recommendation Concerning Authorization to Foreclose Real Property Located at 413 Rue De Rocheblave - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize foreclosure on real property located at 413 Rue De Rocheblave, Account Number 08-1579-000, Reference Number 51-2S-30-6040-008-002, due to the following Liens: 2006 Code Enforcement Lien, in the amount of $158,022.24, recorded in Official Records Book 5887, at Page 1743; and 2010 Nuisance Abatement Lien, in the amount of $372.99, recorded in Official Records Book 6629, at Page 1813, of the Public Records of Escambia County, Florida. There is also a pending 2011 Nuisance Abatement Lien. The current assessed value is $16,720.
 
6. 1704   Recommendation Concerning a Resolution to Cancel Taxes on Property Owned by Escambia County - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning a Resolution to cancel taxes on property located at 540 Gulf Beach Highway, Account Number 08-1763-000, Reference Number 50-2S-30-6062-010-001, recently acquired by the County:

A. Adopt the Resolution to cancel taxes from 2005 thru 2011 on property; total tax amount for parcel located at 540 Gulf Beach Highway is $2,292 06. This property is scheduled to be used for Public Work’s Bayou Grande Master Drainage Plan [Improvement E2] as well as a major drainage way for a 150-acre basin including several County roads; and

B. Authorize the Chairman to execute the Resolution without further action of the Board.
 
7. 1725   Recommendation Concerning Design Services for Kingsfield Road Extension - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Lump Sum Contract to Hatch Mott MacDonald Florida, LLC, per PD 10-11.061, Design Services for Kingsfield Road Extension, in the amount of $292,853.65, equaling 30% of the Project cost and reserve the right to proceed with the remaining 70% of the Project, subject to an appropriation of funding and approval by the Board of County Commissioners.

[Funding: Fund 352, "LOST III", Cost Center 210107, Object Code 565301, Project Number 11EN1405]
 
8. 1709   Recommendation Concerning Purchase of Cisco Network Equipment for the Tax Collector's Office - David Musselwhite, Information Technology Department Director

That the Board authorize the purchase of Cisco Network Equipment, in the amount of $63,420.20, (Quote 7858), from WaveNet Technologies, a TIG Company, by piggybacking off the Florida State Contract 250-000-09-1, 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.

The Escambia County Tax Collector requested the purchase of Cisco network switch equipment to enhance and upgrade existing equipment at their Downtown, Marcus Pointe, Cantonment (Molino) and Warrington offices be made through the Board of County Commissioners, in order to take advantage of the substantial discounted pricing the County has obtained.

[Funding: Fund 001, General Fund, Cost Center 270102]
 
9. 1644   Recommendation Concerning Residential Rehab Grant Program 11 Cancellations of Liens - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following November 17, 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 Program:

A. Approving the following 11 Residential Rehab Grant Program Cancellations of Liens, since the Grant recipients have met their Grant requirements:

Property Owner’s Name Property Address Lien Amount
Brian Kupferschmidt 2 Greve Court $6,000
Edmund L. Brown 1000 Montclair Road $2,376
Shirley Hudgins 35 Patton Drive $1,850
Tilmer and Roberta Hammond 334 South 1st Street $650
David Smith 414 South 1st Street $825
Vincent Distefano 5 Northwest Syrcle Drive $3,288
Carol Fae Crona 518 South 1st Street $799
Susan Smith 429 Baublits Court $6,000
Linda Y. Kennedy 410 South 1st Street $937
Gregory B. Pack 225 Northwest Syrcle Drive $4,080
Shannon L. O'Brien 551 South 1st Street $750

B. Authorizing the Chairman to execute the Cancellation of Liens.
 
10. 1642   Recommendation Concerning Residential Rehab Grant Funding and Lien Agreements for 225 Southeast Payne Road - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following November 17, 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 225 Southeast Payne Road:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Cathy L. Cooksey, owner of residential property located at 225 Southeast Payne Road, Pensacola, Florida, in the Warrington Redevelopment Area, each in the amount of $2,784, representing an in-kind match through the Warrington Tax Increment Financing (TIF), Fund 151, Cost Center 220516, Object Code 58301, for the installation of new storm windows; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
11. 1643   Recommendation Concerning Commercial Facade Grant Program Three Cancellations of Liens - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following November 17, 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:

A. Approving the following three Commercial Facade, Landscape, and Infrastructure Grant Program Cancellations of Liens, since the Grant recipients have met their Grant requirements:

Property Owner’s Name Property Address Lien Amount
Kim's "Mini Blessings" Child
Development Center, Inc.		 1119 North Pace Boulevard $7,527
Henry L. Arnold 2401 North "L" Street $1,210
Fun Zone Pizza, Inc. 1000 North Navy Boulevard $10,000

B. Authorizing the Chairman to execute the Cancellation of Liens.
 
12. 1641   Recommendation Concerning Commercial Facade Grant Funding and Lien Agreements for 1720 West Fairfield Drive - Keith Wilkins, REP, Community & Environment Department Director

That the Board ratify the following November 17, 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 1720 West Fairfield Drive:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements between Escambia County CRA and Dwyke L. Rushing, owner of commercial property located at 1720 West Fairfield Drive, Pensacola, Florida, in the Palafox Redevelopment Area, each in the amount of $10,000, representing an in-kind match through the Palafox Tax Increment Financing (TIF), Fund 151, Cost Center 220517, 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 resurfacing and re-striping the parking lot; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
13. 1683   Recommendation Concerning Amendment #1 to the Agreement between Escambia County and E.B. Morris General Contractors, Inc., for the Sanchez Court Rental Project - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning Amendment #1 to the Agreement between Escambia County and E.B. Morris General Contractors, Inc., related to the Sanchez Court Rental Rehabilitation/Mitigation Project (Service Area #4):

A. Approve Amendment #1 to the Agreement between Escambia County and E.B. Morris General Contractors, Inc., related to the Sanchez Court Rental Rehabilitation/Mitigation Project (Service Area #4), to revise Contract retainage provisions to stipulate that at the County’s discretion, five percent of the sum retained for payments related to an individual building may be released to the contractor prior to final completion of the entire project, upon receiving a Certificate of Occupancy for the building and approval from the architect/engineer; and

B. Authorize the County Administrator to execute the Amendment and all related documents as required to implement the project.

[Funding: Fund 110/CDBG Disaster Recovery Grant, Cost Center 220436 and Fund 124/Affordable Housing, Cost Center 220442]
 
14. 1729   Recommendation Concerning the Agreement Between Neighborhood Enterprise Foundation, Inc., and Escambia County, Florida - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the Agreement Between Neighborhood Enterprise Foundation, Inc., and Escambia County:

A. Approve the Agreement Between Neighborhood Enterprise Foundation, Inc. (NEFI), and Escambia County, Florida, for housing and community development program management for an initial five-year term, beginning on December 1, 2011, and extending through November 30, 2016, with an optional extension for an additional five-year term upon mutual approval by NEFI and Escambia County, as provided for in Section VII (3) of the Agreement;

B. Authorize the County Administrator and County Attorney to take the action necessary to affect the Agreement between Escambia County and NEFI to provide for continuing management and implementation of housing and community development activities in Escambia County; and

C. Authorize the Chairman or Vice Chairman to execute the Agreement and related documents as required.

[Funding: Funding for the services to be provided through the Agreement will be solely provided through the allocation of administrative and operational costs to the various Grants managed by NEFI in the future. No County General Fund resources are required.]
 
15. 1773   Recommendation Concerning the Acquisition of Property, Totaling Approximately 14.81 Acres, Located Along Camp Road and Pine Barren Road, Escambia County, Florida, Owned by RMS Timberlands, LLC - 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, owned by RMS Timberlands, LLC:

A. Authorize the purchase of the property from RMS Timberlands, LLC, for $52,879, under the terms and conditions described in the Real Estate Sales Contract; and

B. 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]

CONTRACT TO BE DISTRIBUTED UNDER SEPARATE COVER
 
16. 1762   Recommendation Concerning Public Transportation Joint Participation Agreement, Providing Fiscal Year 2011-2012 Davis Highway Urban Corridor Project Funding to Escambia County Area Transit (ECAT) - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action concerning Public Transportation Joint Participation Agreement (JPA) Number 42226018401, providing Fiscal Year 2011-2012 Transit Block Grant Funding to Escambia County Area Transit (ECAT):

A. Approve the Public Transportation JPA Number 42226018401, providing for Florida Department of Transportation (FDOT) participation, in the amount of $350,000 of Fiscal Year 2012 funding, to Escambia County Area Transit (ECAT) for the Davis Highway Urban Corridor Project; and

B. Adopt the Resolution authorizing the application and acceptance of these funds; and

C. Authorize the Chairman to execute the Resolution, Public Transportation JPA, and all other required documents pertaining to this JPA, including notifications of funding, without further action of the Board.

[Funding Source: Fund 104, Mass Transit - no additional cost to the County]
 
17. 1684   Recommendation Concerning Change Order to Bayside Consulting Group of Northwest Florida, LLC, on Contract PD 09-10.044, "Design Consulting Engineering Services for Jernigan and Cody Road" - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order:

Department: Public Works
Division: Engineering/Infrastructure Division
Type: Addition
Amount: $157,010.00
Vendor: Bayside Consulting Group of Northwest Florida, LLC
Project Name: Jernigan and Cody
Contract: PD 09-10.044 "Design Consulting Engineering Services for Jernigan and Cody Road Safety Upgrades and Sunnehanna Blvd. Realignment"
PO No.: 101410
CO No.: 5
Original Award Amount: $228,790.00
Cumulative Amount of Change Orders through this CO: $157,010.00
New Contract Total $385,800.00

Meeting in Regular Session on May 20, 2010, the Board approved awarding a Task Order to Bayside Consulting Group of Northwest Florida, LLC, on Contract PD 09-10.044, for "Design Consulting Engineering Services for Jernigan and Cody Road Safety Upgrades and Sunnehanna Boulevard Realignment". This Change Order will allow the engineer to provide consulting services for Jernigan and Cody Road upgrades and Sunnehanna Boulevard Realignment, and to coordinate with the State of Florida Department of Transportation (FDOT) and FDOT’s consultant as needed. Change Orders #1-4 were Change Orders for time only.

[Funding Source: Fund 352 "LOST III", Cost Center 210107, Object Code 56301, Project #08EN0045]
 
18. 1672   Recommendation Concerning Maplewoods Subdivision Ditch Piping and Ashland Avenue Bridge Enhancements Project Engineering-Design – Joy D. Blackmon, P.E., Director, Public Works Department

That the Board approve issuance of a Task Order to Kenneth Horne & Associates, Inc., in the amount of $119,957.41, on Contract PD 02-03.79, “Professional Services” (as Governed by Florida Statute 287.055), which includes a lump sum engineering fee of $99,126.14, with allowances for surveying, geotechnical, permit fees, and environmental consultant fees totaling $20,831.27, to design and provide limited construction inspections for the Maplewoods Subdivision Ditch Piping and Ashland Avenue Bridge Enhancements Project.

[Funding Source: Fund 352, “LOST III”, Account 210107/56301, Project #09EN0093 “Maplewoods”]
 
19. 1735   Recommendation Concerning Change Order to Kenneth Horne & Associates, Inc., for Professional Engineering, Design and Survey Services for Bartow Area Drainage Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order:
Department: Public Works
Division: Engineering/Infrastructure Division
Type: Addition
Amount: $4,663.02
Vendor: Kenneth Horne & Associates, Inc.
Project Name: Bartow Area Drainage
Contract: PD 02-03.79.23.5.ENG
PO No.: 100823
Change Order No.: 2
Original Award Amount: $49,908.37
Cumulative Amount of Change Orders Through CO#2: $ 4,663.02
New Contract Total: $54,571.39



















On December 4, 2009, a Task Order was issued to Kenneth Horne & Associates, Inc., to provide professional engineering, design and survey services for the Bartow Area Drainage Project. This includes analyzing historical drainage and flooding issues from Eliasberg Street, north on Bartow Avenue to the road's termination point at Jones Swamp Creek. In addition, the engineer is developing a scope of work to eliminate current flooding conditions without the use of open swales, which will incorporate a Vortech or similar water cleaning structure at or near the outfall of Jones Swamp. The re-design of the cul-de-sac by Kenneth Horne & Associates, Inc., is necessary due to a manufacturing error with the sediment control box. Change Order #1 was for time only.

The Purchasing Ordinance specifies that cumulative amounts to an award that have reached or exceeded $50,000 require Board approval.

[Funding Source: Fund 352, "LOST III", Account 210107/56301, Project #10EN0078 "Bartow Avenue Drainage"]
 
20. 1710   Recommendation Concerning a Memorandum of Agreement (MOA) Between the Florida Fish and Wildlife Conservation Commission (FWC) and Escambia County - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning a Memorandum of Agreement (MOA) between the Florida Fish and Wildlife Conservation Commission (FWC) and Escambia County for the establishment of an Archery Park:

A. Approve the MOA between the FWC and the County acknowledging their responsibility to provide mutually beneficial support in their respective efforts to complete the project known as the Escambia County Archery Park; and

B. Authorize the Chairman to execute the MOA without further action of the Board.

[Funding: Federal Aid Assistance from the Wildlife Restoration Program; donations to either the County, FWC, Archery Park, or Wildlife Foundation of Florida that are earmarked for the Archery Park; Grants obtained for the Archery Park; contributions from other nonprofit organizations; local, State and Federal funding for the Archery Park, and those funds available within any party's budget designated for the Archery Park to support the Archery Park in carrying out the purposes for which the Archery Park was established; Fund 401, Solid Waste, Cost Center 230309]
 
21. 1791   Recommendation Concerning the Award of Contract PD 10-11.079, Perdido Key Fire Station and Community Center - Charles R. "Randy" Oliver, County Administrator

That the Board award a Contract to Rod Cooke Construction, Inc., in the base bid amount of $3,200,000, plus add alternate #1, in the amount of $175,000, and add alternate #2, in the amount of $1,245,000, for a total Contract award of $4,620,000, for the Perdido Key Fire Station and Community Center, PD 10-11.079, and authorize the County Administrator to execute all documents.

[Funding: Fund 352, LOST III, Cost Center 110267, Object Code 56201, Project #08PF0012]
 
22. 1733   Recommendation Concerning a Lease Agreement between Escambia County and SETCO Florida Partners for Temporary Space to House the Perdido Key Visitor's Information Center During the Construction of the Perdido Key Fire Station and Community/Visitor's Information Center - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a Lease Agreement with SETCO Florida Partners for property located at 14620 Perdido Key Drive, Suite 200, Perdido Key, Florida, 32507:

A. Approve and authorize the Chairman to sign a Lease Agreement for the property located at 14620 Perdido Key Drive, Suite 200, Perdido Key, Florida, 32507. This Lease shall be for $1,200/month for a period of 18 months, commencing on December 1, 2011, and expiring on June 1, 2013. In the event an extension is necessary, this Agreement may be renewed on a month-to-month basis for not more than six months under the same covenants and conditions; and

B. Approve the allocation of $21,600 from the General Fund's Reserves for Operating to pay the Lease cost for the space provided to the Perdido Key Visitor's Information Center during the renovation of the fire station.

[Funding: This action will increase the total project budget for the Perdido Key Fire Station by $21,600, which amount will be transferred from Fund 001, General Fund, Cost Center 110201, Administration, Object Code 59805, Reserves for Operating to Fund 001 General Fund, Cost Center 210601, Facilities Management Administration, Object Code 54401, Rentals and Leases]

The purpose of this Lease is to provide temporary accommodations for the continued operations of the Perdido Key Visitor's Information Center during the construction of the new Perdido Key Fire Station and Community/Visitor's Information Center buildings.

At the November 17, 2011, Board of County Commissioners' meeting the Board will be asked to approve and award a Contract to a general contractor for the demolition of the existing Fire Station/Visitor's Information Center building and construction of a new Fire Station building and a new Community/Visitor's Information Center building. This will require the occupants of the existing building to temporarily relocate during the entire construction phase. Fire Fighters will relocate to the Innerarity Fire Station, located at 14250 Innerarity Point Road, and the Visitor's Information Center will relocate to this leased facility.
 
  III. For Discussion
 
1. 1766   Recommendation Concerning Refinancing the Outstanding 2002 Capital Improvement Bonds - Amy Lovoy, Management & Budget Services Department Director

That the Board of County Commissioners adopt a Resolution (the “2011 Resolution”) authorizing the issuance and sale of a not exceeding $20,000,000 Escambia County, Florida, Capital Improvement Revenue Bond, Series 2011 (the “2011 Bond”), which 2011 Resolution approves the bank loan and issuance of the 2011 Bond, approves by reference a form of Escrow Deposit Agreement between the County and an Escrow Holder to be designated by the Chairman or his designee prior to issuance of the 2011 Bond and approves the execution and delivery of a Forward Rate Lock, if required.

(THE RESOLUTION WILL BE DISTRIBUTED UNDER SEPARATE COVER)
 
2. 1775   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.
 
3. 1776   Recommendation Concerning Precinct Updates - Honorable David Stafford, Supervisor of Elections

(PLACEHOLDER - RECOMMENDATION AND BACKUP TO BE DISTRIBUTED UNDER SEPARATE COVER)
 
4. 1767   Recommendation Concerning Reallocation of Local Option Sales Tax Funding for Tennis Courts at Armstrong Park Located in the City Limits of Pensacola - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the reallocation of $50,000 from the Palafox Streetscaping Project to provide funding for tennis courts to be located at Armstrong Park.

[Funding Source: LOST III (352), Cost Center 220102]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 1774   Recommendation Concerning Settlement of a Workers' Compensation Claim Involving Barney Cash

That the Board approve a Workers’ Compensation settlement to former employee Barney Cash, in the amount of $500,000, inclusive of attorney’s fees and costs. An excess insurance carrier shall reimburse Escambia County for 100.0% of this settlement amount.
 
2. 1769   Recommendation Concerning Scheduling of an Attorney-Client Session on December 8, 2011 at 3:30 p.m.

That the Board:

A. Schedule a private meeting with its attorneys to discuss pending litigation, in accordance with Section 286.011(8), Florida Statutes, for December 8, 2011 at 3:30 p.m.; and

B. Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, November 26, 2011.


PUBLIC NOTICE

IT IS THE INTENTION of the Board of County Commissioners of Escambia County, Florida, to hold a private meeting with its attorneys to discuss pending litigation in the cases of Theresa Lynn Urbaniak v. Escambia County Emergency Medical Services; Roy M. Stallworth v. Escambia County Emergency Medical Services; and Robert Mark Herrmann v. David Morgan, et al. in accordance with Section 286.011(8), Florida Statutes. Such attorney-client session will be held at 3:30 p.m., C.S.T. on Thursday, December 8, 2011, in Escambia County Governmental Complex, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Wilson Robertson, Gene Valentino, Marie Young, Grover Robinson, IV, and Kevin White, County Administrator Charles "Randy" Oliver, County Attorney Alison Rogers, Attorney representing Escambia County Charles V. Peppler, Deputy County Attorney, and a certified court reporter will attend the attorney-client session.
 
15.   Items added to the agenda.
 
16.   Announcements.
 
17.   Adjournment.
 

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