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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 – December 8, 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 Valentino.
 
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 a check from the Federal Emergency Management Agency (FEMA) for the Maplewood Drainage Project.
 
7. 1853   Proclamations.

Recommendation: That the Board adopt the Proclamation extending greetings and best wishes for the implementation of the chartering of the Drexel P. Caldwell Knight Mason Council No. 108, which is named after the former Chief of Police of the City of Pensacola, the Honorable Drexel P. Caldwell.
 
8.   Written Communication:
 
A. 1781   October 25, 2011- Communication from Rev. Jerry Hunter, Jr., requesting that the Board forgive the fines relative to a Code Enforcement Lien against property located at 3416 West Avery Street.

Recommendation: That the Board review and consider lien relief request made by Rev. Jerry Hunter against property located at 3416 W Avery Street.

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 requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the requests 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 owner has no other recourse but to appeal before the Board under Written Communication.
 
B. 1788   November 7, 2011- Email communication from Penny Feeser requesting that the Board forgive a Code Enforcement Lien against property located at 391 El Matador Trail.

Recommendation: That the Board review and consider lien relief request made by Penny Feeser against property located at391 El Matador Trail.

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 owner has no other recourse but to appeal before the Board under Written Communication.
 
C. 1851   November 23, 2011 - Communication from Fred Gunther, CCIM, Gunther Properties, LLC, on behalf of DR Horton, requesting that Escambia County release interest in any phosphate, minerals, metals, and petroleum on or under a 10-foot-wide strip of land located on Lot 5, Block C, Legacy Oaks, Gilmore Lake Subdivision.
 
D. 1787   Undated communication from David Bramblett requesting that the Board forgive the fines relative to a Code Enforcement Lien against property located at 1115 Rachel Circle.

Recommendation: That the Board review and consider a lien relief request made by David Bramblett against property located at 1115 Rachel Circle.

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 requests 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 owner has 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. 1830   5:31 p.m. Public Hearing for consideration of adopting a Resolution establishing the Board's intent to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments, as provided in Florida Statutes 197.3632.

Recommendation: That the Board, at the 5:31 p.m. Public Hearing, adopt the Resolution establishing the Board's intent to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments, as provided in Florida Statutes 197.3632.

(Proof of Publication to be distributed under separate cover)
 
11. 1802   5:32 p.m. Public Hearing for consideration of the Petition to Vacate a portion of Palafox Parkway, Brentwood Park Subdivision, as petitioned by Brentwood Assembly of God, Inc.

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

A. Approve 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.;

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.

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. The Petitioner is requesting that 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 attached Exhibit “A”.
 
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. 1835   Recommendation Concerning Acceptance of Reports Prepared by the Clerk of the Circuit Court & Comptroller's Finance Department

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

A. Payroll Expenditures for Pay Date November 23, 2011, in the amount of $2,132,127.50; and

B. The following three Disbursement of Funds:

(1) November 10, 2011, to November 16, 2011, in the amount of $3,596,675.57;

(2) November 17, 2011, to November 23, 2011, in the amount of $4,406,193.10; and

(3) November 24, 2011, to November 30, 2011, in the amount of $1,219.396.67.
 
2. 1836   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 two documents provided to the Clerk to the Board's Office:

A. Closing documents relating to the sale of surplus property, located at 1580 Lepley Road, to James C. Howard and Clydie M. Howard, as approved by the Board on June 7, 2007, executed by the chairman on November 18, 2011, and received in the Clerk to the Board's Office on November 21, 2011; and

B. Original DEP Agreement No. G0275, Amendment No. 2, as executed by the Chairman on November 3, 2011, based on the Board's November 5, 2009, approval of the agreement between the State of Florida Department of Environmental Protection (DEP) and the Escambia County Board of County Commissioners, DEP Agreement No. G0275, for the Bayou Chico/Jones Creek Stormwater Retrofit Project.
 
3. 1837   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 Regular Board Meeting held November 17, 2011;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held November 17, 2011; and

C. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held November 10, 2011.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearings
 
1. 1615   5:45 p.m. - A Public Hearing Concerning the Review of the Annual Update

That the Board review and approve the proposed Comprehensive Plan Amendment, Capital Improvements Plan herein, amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan 2030.
 
2. 1621   5:46 p.m. - A Public Hearing Concerning the Review of LDC Ordinance Article 7, “Certificate Of Zoning Compliance For The Sale Of Alcoholic Beverages”

That the Board review and adopt an Ordinance to the Land Development Code (LDC) amending Article 7, “Certificate Of Zoning Compliance For The Sale Of Alcoholic Beverages,” to change the method of measurement to the same method as for bottle clubs.
 
3. 1640   5:47 p.m. - A Public Hearing Concerning the Review of an LDC Ordinance - Board of County Commissioners Review and Action of Rezonings

That the Board does not adopt an Ordinance amending Part III of the Escambia County Code of Ordinances (1999), the Escambia County Land Development Code (LDC), as amended, amending Article 2, Section 2.08.02.E, "Board of County Commissioners; review and action on rezonings."

The Planning Board reviewed the Ordinance at the November 7, 2011, meeting and declined recommending the Ordinance for approval to the BCC.
 
4. 1622   5:48 p.m.- A Public Hearing Concerning the Review of an LDC Ordinance Article 8, "Signage"

That the Board review and adopt an Ordinance amending Article 8, Section 8.02.00, to define “Community Redevelopment Area Gateway Sign”; amending Article 8, Section 8.04.01, to include Community Redevelopment Area Gateway Signs exempt from permitting; amending Article 8, Section 8.04.02.b, to allow Gateway Signs to be located within the County Right-Of-Way.
 
  II.  Action Item
 
1. 1772   Recommendation Concerning the Recording of the Final Plat of Fairfield Commerce Park

That the Board approve recording of the Final Plat of Fairfield Commerce Park (a 6-lot, commercial subdivision), located in the Pensacola Community on West Park Place and lying north of West Fairfield Drive (State Road 289-A) and south of West Herman Avenue, owned and developed by Fairfield Drive Properties L.L.C. Prior to recording, the County Engineer, County Surveyor, Development Services Director, and the Clerk of the Circuit Court must sign the Final Plat, as set forth in Section 4.02.07.E of the Escambia County Land Development Code. Also, prior to recording, the County Surveyor must sign the Final Plat, as set forth in Chapter 177.081 (1), Florida Statutes.
 
  III. Consent Agenda
 
1. 1806   Recommendation Concerning the Scheduling of Public Hearings

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

Thursday, January 5, 2012

A. 5:45 p.m. - A Public Hearing to amend the Official Zoning Map to include the following Rezoning Cases to be heard by the Planning Board on December 12, 2011:

1. Case No.: Z-2011-18
Location: 15 Becks Lake Rd
Property Reference No.: 14-1N-30-1001-000-002
Property Size: 9.39 (+/-) acres
From: ID-CP, Industrial Commerce Park (cumulative) and
GBD, Gateway Business District
To: ID-2, Industrial District (noncumulative)
FLU Category: MU-S, Mixed Use Suburban
Commissioner
District:		 5
Requested by: Thomas Hammond, Agent for Cody Rawson, Owner
2. Case No.: Z-2011-19
Location: 3910 W Navy Blvd
Property Reference No.: 38-2S-30-1000-170-006
Property Size: 2.8 (+/-) acres
From: C-1, Retail Commercial district (cumulative) (25 du/acre)
To: C-2, General Commercial and Light Manufacturing District, (cumulative) (25 du/acre)
FLU Category: C, Commercial
Commissioner
District:		 2
Requested by: Gregory Drake, Owner

B. 5:46 p.m. - A Public Hearing - Review of Small Scale Amendment SSA-2011-01.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 1817   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 Form noting the reason for disposal.
 
2. 1796   Recommendation Concerning Fiscal Year 2012 Federal Transit Administration Annual Certifications and Assurances for Escambia County Area Transit - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action concerning execution and filing of Fiscal Year 2012 Federal Transit Administration (FTA) Annual Certifications and Assurances for Escambia County Area Transit (ECAT):

A. Approve and authorize the Chairman to sign the Federal Fiscal Year 2012 Certifications and Assurances for Federal Transit Administration Assistance Programs;

B. Ratify the County Attorney's signature as the Affirmation of Applicant's Attorney on the Federal Fiscal Year 2012 Certifications and Assurances for Federal Transit Administration Assistance Programs; and

C. Authorize Escambia County Area Transit (ECAT) to file the Certifications and Assurances electronically, as required using the Federal Personal Passwords of the Chairman and County Attorney.
 
3. 1820   Recommendation Concerning a Reappointment to the Workforce Escarosa Board of Directors - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the reappointment of Annette D'Isa, Assistant Vice President of Call Center Operations, Navy Federal Credit Union, to the Workforce Escarosa Board of Directors as a private sector representative, per the end date of her previous appointment, with the term of appointment to be effective November 6, 2011, through May 31, 2012, with special dispensation requested for this additional and abbreviated term, due to her pending retirement.
 
4. 1801   Recommendation Concerning the Conveyance of a Utility Easement to Deerfield Estates Homeowners’ Association, Inc. - Joy D. Blackmon, P. E., Public Works Department Director

That the Board take the following action concerning the conveyance of a Utility Easement (approximately 25 feet x 29 feet = 725 square feet or 0.02 acres) on County-owned property located in Deerfield Estates Subdivision to Deerfield Estates Homeowners’ Association, Inc.:

A. Approve granting a Utility Easement (approximately 25 feet x 29 feet = 725 square feet or 0.02 acres) on County-owned property located in the Deerfield Estates Subdivision to Deerfield Estates Homeowners’ Association, Inc.; and

B. Authorize the Chairman or Vice Chairman to sign the necessary document granting a Utility Easement to Deerfield Estates Homeowners’ Association, Inc.

Escambia County owns a parcel of property located off Erika Court in Deerfield Estates Subdivision. The County parcel is being utilized as a retention pond as shown on the plat of Deerfield Estates as recorded in Plat Book 16, at Page 36, of the Public Records of Escambia County, Florida. The County retention pond parcel also has a sanitary sewer lift station located within the boundaries of the parcel. During the development of the subdivision, the lift station was constructed without having a dedicated or deeded easement. The lift station and sewer system in Deerfield Estates, privately owned and maintained by the Homeowners’ Association, was apparently not constructed to Emerald Coast Utilities Authority (ECUA) standards, nor accepted as an extension of ECUA’s system. The Homeowners' Association has contracted with an engineering firm to perform upgrades to the lift station and system, at which time the Association realized that there was no Easement or separate parcel for the lift station. To facilitate their planned upgrades, the Homeowners’ Association is requesting that the County convey a Utility Easement to them. Staff has reviewed this request and determined that the conveyance of this Easement will not adversely affect the County or the public’s use of the property.
 
5. 1846   Recommendation Concerning Extension to the Training and Education Requirements of the Escambia County Fire Services Unification Plan - Michael D. Weaver, Public Safety Department Director

That the Board approve the “Escambia County Fire Services Unification Plan Training and Education Requirements Extension” providing a one-year extension, effective October 1, 2011, to the deadline for firefighters, career and volunteer, to complete all training and education requirements established by the Escambia County Fire Services Unification Plan.
 
6. 1812   Recommendation Concerning a Resolution of the Board of County Commissioners Supporting Comments to the Gulf Islands National Seashore Draft General Management Plan - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning a Resolution of the Board of County Commissioners Supporting Comments to the Gulf Islands National Seashore General Draft Management Plan:

A. Adopt the Resolution; and

B. Authorize the Chairman to sign the Resolution.
 
7. 1795   Recommendation Concerning District Four Appointment to the Escambia County Mass Transit Advisory Committee - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action concerning the District Four appointment to the Escambia County Mass Transit Advisory Committee:

A. Confirm the appointment of David H. Powell as the District Four representative to the Escambia County Mass Transit Advisory Committee, replacing Megan F. Fry, who resigned, with the term of appointment to be effective December 8, 2011, and to run concurrent with the term of Commissioner Grover C. Robinson, IV, or at his discretion; and

B. Request the County Administrator's Office to provide a letter of appreciation to Megan F. Fry for her service.
 
8. 1797   Recommendation Concerning Authorizing the Conveyance of Real Property to the City of Pensacola - Keith Wilkins, REP, Community & Environment Department Director

That the Board authorize the conveyance to the City of Pensacola (City) parcels of County property located within and adjacent to the area known as Escambia Treating Company Superfund site located within the Palafox Redevelopment Area (CRA), in accordance with the terms of the Agreement for Sale and Purchase attached to the Resolution:

A. Adopt the Resolution authorizing the conveyance to the City of Pensacola parcels of County property located in the vicinity of the Escambia Wood Treating Company site, in accordance with the terms of the Agreement for Sale and Purchase, subject to the City's satisfactory completion and review of the environmental due diligence studies. Purchase price is $1; and

B. Authorize the Chairman to execute the Resolution, Agreement for Sale and Purchase, Deed, and all other documents necessary to complete the transaction.
 
9. 1840   Recommendation Concerning the City of Pensacola Annexation of the Escambia Treating Company Superfund Site Property - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the City of Pensacola (City) Annexation of the Escambia Treating Company Superfund Site Property:

A. Support the annexation of the property, collectively known as the Escambia Treating Company Superfund Site by the City of Pensacola; and

B. Authorize the County Administrator to draft a letter to the Environmental Protection Agency (EPA) supporting the City of Pensacola annexation, contingent upon the three following covenants:

1. The City of Pensacola shall not request any funds from the County for the development of the Property. The County will partner with the City on development opportunities for an end user of the property that generates jobs for the region; however, the City of Pensacola shall be responsible for all planning, development, infrastructure and funding for the property and the commerce park;

2. The City of Pensacola shall allow the County to maintain its current Palafox Community Redevelopment Area (CRA) and associated Tax Increment Financing (TIF), and shall take no action that will adversely impact either the Palafox CRA or TIF. The County shall retain full authority and responsibility for its Palafox CRA plan, budget, increment pledge, and all associated revenues and expenditures. The City of Pensacola shall not establish its own CRA or TIF or grant an ad valorem tax exemption for any subsequently annexed portion of the Palafox CRA without the express consent of the County. Additionally, the City of Pensacola shall not assert a claim to or request any portion of the County's TIF; and

3. The City of Pensacola shall take reasonable steps to ensure that its development of the Property and commerce park does not adversely affect the New Hope Missionary Baptist Church, Incorporated of Pensacola, Florida, including but not limited to providing property and infrastructure in the area, subject to the limitations of law, that may be necessary to permit the church to continue its mission.
 
  II.  Budget/Finance Consent Agenda
 
1. 1828   Recommendation Concerning Supplemental Budget Amendment #035 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #035, Other Grants and Projects Fund (110) in the amount of $2,531, to recognize various Grant funds, and to appropriate these funds for polling place accessibility for the Supervisor of Elections and gang prosecution activities for the State Attorney's Offices in Escambia County.
 
2. 1823   Recommendation Concerning Supplemental Budget Amendment #036 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #036, General Fund (001) in the amount of $1,316, to recognize a reimbursement from the Town of Century for the 2011 Primary Election, and to appropriate these funds for other election activities in Escambia County.
 
3. 1825   Recommendation Concerning Supplemental Budget Amendment #37- Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #37, Other Grants and Projects Fund (110) in the amount of $11,868, to recognize proceeds from a State of Florida, Division of Emergency Management (FDEM) Hazardous Materials Planning and Prevention Program Grant, and to appropriate these funds for updating the Hazardous Materials Facility Analysis Data.
 
4. 1841   Recommendation Concerning Supplemental Budget Amendment #039 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #039, Local Option Sales Tax III (LOST III) Fund (352) in the amount of $138,824, to recognize a Local Agency Program (LAP) Agreement Grant from the State of Florida, Department of Transportation, and to appropriate these funds for the design of paved road shoulders along Crabtree Church Road, from Sunshine Hill Road to State Road 97 in Escambia County.
 
5. 1839   Recommendation Concerning Supplemental Budget Amendment #038 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #038, Other Grants and Projects Fund (110) in the amount of $929, to recognize the remaining balance of funds for the Supplemental Nutrition Assistance Program, and to appropriate these funds to assist with the outreach efforts of this program.
 
6. 1798   Recommendation Concerning a Bad Debt Write-Off for the Pensacola Civic Center - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt and authorize the Chairman to sign the Resolution authorizing the Clerk of the Circuit Court to write off as bad debt certain accounts receivables totaling $32,142.40.

This Resolution will allow the Clerk's office to process the accounting entries necessary to expense these amounts as bad debt and remove them from the accounts receivable. It in no way hinders the County or the management company from pursuing other methods to collect these debts.
 
7. 1799   Recommendation Concerning Expenditure of Funds for the 2011 National Volleyball Tournament Produced by the Gulf Coast Indian Association, Inc. - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize reimbursement of expenses incurred prior to October 1, 2011, from the Fiscal Year 2012 Budget for the 2011 National Volleyball Tournament, produced by the Gulf Coast Indian Association, Inc., to be held in November of 2011.

On September 2, 2011, the Board approved an allocation in the Fiscal Year 2012 Budget to Gulf Coast Indian Association, Inc., to produce a three-day event to be held in November of 2011. Monies had to be expended to book performers prior to October 1, 2011, in order to meet the time line for the event. This Recommendation will authorize reimbursements from the Fiscal Year 2012 Budget for expenses incurred in a prior Fiscal Year only for this event.
 
8. 1778   Recommendation Concerning Professional Services as Governed by Florida Statute 287.055 - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning Professional Services as Governed by Florida Statute 287.055, PD 02-03.79 (A & E Services):

A. Award Task-Order-based continuing Contracts to Southern Site & Utility Design, Inc., per PD 02-03.79, Professional Services as Governed by Florida Statute 287.055 (A&E Services), on a “Maximum Ceiling” basis fee schedule, as follows:
  • Maximum Overhead – 168%
  • Maximum Profit – 12%
  • Maximum FCCM – 1.50%
  • Maximum Multiplier – 301.66% (providing no single item above is exceeded)
  • Existing Hourly Rates for each firm (based on an audited or auditable financial package);
B. Authorize the department(s) in conjunction with the Office of Purchasing to negotiate Task Orders, according to Florida Statute 287.055, “Consultants’ Competitive Negotiation Act” (A&E Services) on a project-by-project basis.

[Funding: Funds to be budgeted for on an annual basis]
 
9. 1786   Recommendation Concerning Escambia County Road Evaluations - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Lump Sum Contract to Transmap Corporation, per PD 10-11.062, Escambia County Road Evaluations, in the amount of $228,498. The purpose of this project is to evaluate pavement conditions for all of Escambia County’s paved maintained roadways. The firm will upload the collected data into the County’s pavement management database, allowing the County to rank each roadway by condition so that paving priority may be determined.

[Funding: Fund 333, New Road Construction, Cost Center 210204, Object Code 56301]
 
10. 1804   Recommendation Concerning "W" Street Sedimentation Basin Weir Replacement – Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 11-12.001, "W" Street Sedimentation Basin Weir Replacement, to Hayes Construction, Inc., for a total amount of $106,749.12.

[Funding: Fund 110, Other Grants and Projects, Bayou Chico/Jones Creek Stormwater Project, Cost Center 221013, Object Code 56301]
 
11. 1808   Recommendation Concerning Drug, Alcohol and Nicotine Testing Services PD 11-12.002 - Amy Lovoy, Management and Budget Services Department Director

That the Board award a 3-year Contract, PD 11-12.002, for Drug, Alcohol and Nicotine Testing Services, to Drug Free Workplaces, Inc., for an annual total of approximately $19,000, in accordance with the terms and conditions of the solicitation, with an effective date of January 1, 2012, and authorize the Chairman to execute the Contract.

[Funding: Fund 001, (General Fund), Cost Center 150101, and Fund 501, (Internal Service Fund), Cost Center 140838]
 
12. 1816   Recommendation Concerning Purchase Order for Accela Land Records Management Software Maintenance - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board approve and authorize a Purchase Order, in the amount of $121,251, to Accela, Inc., for proprietary annual software maintenance for Escambia County.

[Funding: Fund 001, General Fund, Cost Center 270102, Information Systems - $60,625.50 and Fund 406, Building Inspections Fund, Cost Center 250101, Permitting - $60,625.50]
 
13. 1663   Recommendation Concerning the Florida Department of Corrections Lease at 3050 North "L" Street - Joy D. Blackmon, P.E., Public Works Department Director

That the Board adopt a Resolution to approve and authorize the Chairman to sign a Lease Agreement between Escambia County and the Florida Department of Corrections (FDOC) for the property located at 3050 North "L" Street, for the term of 30 years, commencing on January 12, 2012.

Rent shall be paid to the County in the amount of $1 per year.

In January 1972 the Board approved leasing the property located at 3050 North "L" Street to the Florida Department of Health and Rehabilitative Services, which is now the Florida Department of Corrections, to be solely used for the erection of the Community Correctional Center. The Community Correctional Center, now known as the State Work Release Center, was constructed and has been used as agreed upon for the term of the Lease. The current Lease was for 40 years and will expire on January 11, 2012. This action will renew FDOC's Lease for another 30 years, with the sole purpose of the property being used as a State Work Release Center.
 
14. 1803   Recommendation Concerning the Approval of Contract for Sale and Purchase and Execution of Documents for Parker Custom Built Homes, Inc., Located in Brookhollow Subdivision - Joy D. Blackmon P. E., Public Works Department Director

That the Board take the following action regarding the acquisition of three contiguous parcels of real property (totaling approximately 1.05 acres), located in Brookhollow Subdivision, from Parker Custom Built Homes, Inc., as approved by the Board at a regular scheduled meeting on September 15, 2011:

A. Approve the Contract for Sale and Purchase for the acquisition of three contiguous parcels of real property located in Brookhollow Subdivision, totaling approximately 1.05 acres; and

B. Authorize the Chairman or Vice Chairman to execute the Contract for Sale and Purchase and any documents necessary to complete the acquisition of this property without further action of the Board.

[Funding Source: Fund 352, "LOST III", Account 210107/56101/56301, Project No.10EN0455 and Project No. 10EN0275]
 
15. 1805   Recommendation Concerning Speed Reduction on Multiple Roadways - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning traffic restrictions – speed reductions:

A. Adopt the Resolution for the reduction in speed from 30 miles per hour to 25 miles per hour, for the following roadway segments:

1. Rambler Drive, from Marcus Pointe Boulevard to Ladner Drive;
2. Ladner Drive, from Rambler Drive to Rambler Drive;
3. Rambler Terrace, from Rambler Drive to west end of roadway;
4. Tam O Shanter Road, from Greenbrier Boulevard to north end of roadway;
5. Spalding Circle, from Tam O Shanter to MacGregor Avenue;
6. MacGregor Avenue, from Tam O Shanter Road to end of roadway;
7. Worth Court, from Tam O Shanter to end of roadway;
8. Adirondack Avenue, from Tam O Shanter to end of roadway;
9. Barranca Lora, from Scenic Highway to end of roadway; and
10. Punta Lora, from Barranca Lora to end of roadway; and

B. Authorize the Chairman to sign the Resolution.

[Funds are budgeted in Fund 175, Transportation Trust Fund, Cost Center 211201 and Account Code 53401 for sign installations]
 
16. 1826   Recommendation Concerning the Local Agency Program Agreement for the Design of Paved Shoulders Along Crabtree Church Road - Joy D. Blackmon P.E., Public Works Department Director

That the Board take the following action concerning a Local Agency Program Agreement with the State of Florida Department of Transportation, for funding (not to exceed $138,824), for the design of paved shoulders along Crabtree Church Road, from State Road 97 (Atmore Highway) to Sunshine Hill Road in Escambia County:

A. Approve the Local Agency Program (LAP) Agreement between the State of Florida Department of Transportation (FDOT) and Escambia County for a design for paved shoulders along Crabtree Church Road, between State Road 97 (Atmore Highway) and Sunshine Hill Road;

B. Adopt a Resolution authorizing the execution of the LAP Agreement; and

C. Authorize the Chairman to sign the LAP Agreement and the Resolution for this project.

In March 2007, the Office of Transportation & Traffic Operations applied for Transportation Enhancement Program funds through the Florida Department of Transportation. The amount identified for the design portion of the Grant was $138,824. Escambia County was approved for the Grant in November 2009.
 
17. 1844   Recommendation Concerning Approval of Amendment #001 to the Florida Department of Children and Families Contract #AH102 - Gordon C. Pike, Corrections Department Director

That the Board take the following action concerning the Florida Department of Children and Families Contract #AH102 Amendment #001:

A. Approve the Documentation of Negotiation and Amendment #001 to the Florida Department of Children and Families Contract #AH102, revising Exhibit "G" Services, to be provided for Fiscal Years 2011-2012, 2012-2013, and 2013-2014. This Agreement provided funding for the establishment of a Forensic Mental Health Specialist position within Community Corrections, in the Pre-Trial Release Program, to provide services to the justice system.

B. Authorize the Chairman to sign the Documentation of Negotiation and Amendment #001 to Contract #AH102.

This Contract is a fixed-rate Contract for a total amount of $142,920, based on a monthly rate of $3,970, for a three-year period. This funding is provided by the State 100%.
 
18. 1833   Recommendation Concerning Escambia County Hosting the National Association of Environmental Professionals Winter Board Meeting - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning Escambia County hosting the National Association of Environmental Professionals (NAEP) Winter Board Meeting:

A. Approve hosting the NAEP Winter Board Meeting on January 21, 2012; and

B. Approve the use of County facilities, Escambia County Central Office Complex building, use of the Host Ordinance Fund, in the amount of $150, for refreshments, and use of a trolley to transport attendees from their hotel to the Escambia County Central Office Complex building.
 
19. 1792   Recommendation Concerning the State Highway Lighting, Maintenance, and Compensation Agreement - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State Highway Lighting, Maintenance, and Compensation Agreement:

A. Rescind the Board’s action of June 16, 2011, taking the following action concerning the State Highway Lighting, Maintenance, and Compensation Agreement:

1. Approving the State Highway Lighting, Maintenance, and Compensation Agreement with the State of Florida Department of Transportation (FDOT), that specifies a lump sum payment from FDOT to Escambia County, in the amount of $58,831, for FDOT’s 2011/2012 Fiscal Year (July 1, 2011, through June 30, 2012), to compensate the County for maintenance of street lighting on State highways;

2. Adopting a Resolution (R2011 89) (supporting the State Highway System Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation and) authorizing Charles R. “Randy” Oliver, County Administrator, to execute the Agreement;

3. Authorizing the Chairman to sign the Resolution; and

B. Approve the State Highway Lighting, Maintenance, and Compensation Agreement with the State of Florida Department of Transportation (FDOT), that specifies a lump sum payment from FDOT to Escambia County in the amount of $60,063.40 for FDOT’s 2011/2012 Fiscal Year (July 1, 2011, through June 30, 2012) to compensate the County for maintenance of street lighting on State highways;

C. Adopt a Resolution supporting the revised State Highway Lighting, Maintenance, and Compensation Agreement and authorizing Charles R. “Randy” Oliver, County Administrator, to execute the Agreement; and

D. Authorize the Chairman to sign the Resolution.

The “State Highway Lighting, Maintenance, and Compensation Agreement” with FDOT was approved by the Board on June 16, 2011. This agreement specified a lump sum payment from FDOT to Escambia County in the amount of $58,831 for FDOT’s 2011/2012 Fiscal Year (July 1, 2011, through June 30, 2012) to compensate the County for maintenance of street lighting on state highways.

On October 6, 2011, FDOT indicated that an audit had been performed of the lights maintained by Escambia County and found that there were 341 lights that were eligible for reimbursements under this program. This audit increased the amount Escambia County is eligible to receive from $58,831 to $60,063.40.
 
20. 1860   Recommendation Concerning Refinancing the 2002 Capital Improvement Revenue 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.
 
21. 1868   Recommendation Concerning Allocation for Roadway Extension and Special Assessment Districts - Amy Lovoy, Management & Budget Services Department Director

That the Board take the following action:

A. Allocate $4,000,000 to the Kingsfield Road extension and $2,000,000 to the Well Line Road extension which is agreeable with the Development Group as memorialized in the attached agreement (Agreement to be provided under separate cover prior to the meeting). The Developers also agree to convey all of the right-of-way necessary owned by them within the road alignment at no cost;

B. Require the Developers to petition the County through the normal and customary process to create a special assessment district for Kingsfield and a special assessment for Well Line Road. Any County funds allocated in section “A” above shall be used first for expenses not expressly eligible from any special assessment. Any funds remaining shall be used to reduce the cost of each roadway;

C. The County shall provide cost estimates including cost of issuance, carrying costs, construction, design and right-of-way by January 15, 2012;

D. The Developer(s) shall follow standard County policy regarding the formation of a special assessment district (i.e. signed petitions from two-thirds of the property owners representing two-thirds of the specially benefited properties in the affected areas to sign petitions authorizing the creation of the district). The petition for each roadway must be filed with the County’s Office of Management and Budget by March 15, 2012. Failure to file the petition(s) on or before that date shall result in the Local Option Sales Tax (LOST) being automatically re-appropriated for one or both roads to County Bridge repair;

E. Upon filing of the appropriate petitions for each roadway the County shall notice a separate Public Hearing to consider the creation of a special assessment district during the month of April; and

F. If the Board of County Commissioners for whatever reason does not create the necessary district for any reason for one or both projects the associated funds from LOST funds shall be used by the County for bridge replacement.
 
  III. For Discussion
 
1. 1790   Recommendation Concerning Request for Qualification for ECAT Management Contract, PD 10-11.060 - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action in regard to the Request for Qualifications for the Escambia County Area Transit (ECAT) Management Contract, PD 10-11.060, as follows:

A. Approve the proposal review committee's ranking as follows:
  1. Veolia Transportation Services, Inc. (Veolia Transportation Service, Inc., is the North American business unit of Veolia Transportation - one of the subsidiaries of Paris-based Veolia Environmental.)
  2. First Transit, Inc. (First Transit, Inc., is a business unit of First Group America, the United States-based North American operating unit of First Group plc (First Group) a United Kingdom-based passenger transportation company.)
  3. MV Transportation, Inc. (MV Transportation, Inc., is a United States firm based in Fairfield, California. This firm is smaller than the other two firms.); and
B. Authorize the proposal review committee to negotiate a Management Agreement with the first-ranked firm, Veolia Transportation Services, Inc., for the fixed annual amount of $420,641, from year one through year five.

The success of any firm in running any transit system are the people who directly serve our citizens. Consequently, attached are the Resumes of the proposed General Managers for each firm. Please note, a Contract with any firm will include performance standards and a "Key Person" provision for the General Manager, i.e. County approval of the General Manager is required.

[Funding: Fund 104, Mass Transit, Cost Centers 320401, 320402 and 320403]
 
2. 1850   Recommendation Concerning Saufley Field Landfill Closure and Stormwater Improvement Project - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Unit Price Contract, PD 10-11.082, Saufley Field Landfill Closure and Stormwater Improvement Project, to Panhandle Grading & Paving, Inc., for the amount not to exceed $5,996,026, for the base bid and alternate "D" and authorize the County Administrator to sign all documents.

[Funding: Fund 401 Solid Waste, Cost Center 230316 Object Code 56301]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 1827   Recommendation Concerning the Scheduling of an Attorney-Client Session RegardingThe Free Will Baptist Church, et al. v. Escambia County, Florida

That the Board take the following action:

A. Schedule a private meeting with the Board's attorneys to discuss pending litigation, in accordance with Section 286.011(8), Florida Statutes, for January 19, 2012, at 4:00 p.m.; and

B. Approve the Public Notice printed below to be published in the Pensacola News Journal on Saturday, January 7, 2012:

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 case of The Free Will Baptist Church; and Nancy H. Aguillard, Diane H. Norton, and Charles A. Hudson, as the Trustees of the Richard A. Hudson Trust Dated May 24, 1999 v. Escambia County, Florida in accordance with Section 286.011(8), Florida Statutes. Such Attorney-Client Session will be held at 4:00 p.m. C.S.T on Thursday, January 19, 2012, 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 Stephen G. West, Assistant County Attorney, and a certified court reporter will attend the Attorney-Client Session.
 
2. 1842   Recommendation Concerning the Reaffirmation Agreement Between Escambia County and Sharon Tatum

That the Board take the following action concerning the Reaffirmation Agreement between Escambia County and Sharon Tatum:

A. Approve the Reaffirmation Agreement; and

B. Authorize the County Administrator to sign the Agreement and any related documents.
 
3. 1856   Recommendation Concerning Scheduling of an Attorney-Client Session Regarding Escambia County v. Zachary Company of NW FL, LLC

That the Board take the following action:

A. Schedule a private meeting with the Board's attorneys to discuss pending litigation, in accordance with Section 286.011(8), Florida Statutes, for December 15, 2011, at 8:30 a.m.; and

B. Ratify the Public Notice printed below that was published in the Pensacola News Journal on Saturday, December 3, 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 Escambia County v. Zachary Company of NW FL, LLC in accordance with Section 286.011(8), Florida Statutes. Such attorney-client session will be held at 8:30 a.m., C.S.T. on Thursday, December 15, 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.
 
4. 1862   Recommendation Concerning Retaining the Law Firm of Lewis, Longman & Walker at an Hourly Rate Not to Exceed $255 with a $10,000 Cap

That the Board authorize retaining the law firm of Lewis, Longman & Walker, P.A. to represent the County in matters related to CERCLA and other environmental enforcement issues at the County Transfer Station (Palafox Street and Texar Drive Ammonia Site) at an hourly rate not to exceed $255 with a $10,000 cap. Any amount over $10,000 would require additional Board action.
 
  II.  For Discussion
 
1. 1832   Recommendation Concerning the Selection of Outside Counsel for Oil Spill Related Issues

That the Board take the following action:

A. Retain outside counsel from the list of two finalists resulting from the County’s RFP selection process to provide continuing efforts to recoup County losses related to the Deepwater Horizon Oil Spill:

(1) Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. and McDonald, Fleming, Moorhead, Ferguson, Green, Smith & DeKozan;

OR

(2) Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Weitz & Luxenberg, P.C., Baron & Budd, P.C., Beggs & Lane, RLLP, Morgan & Morgan, P.A., and Hinkle and Foran, P.A;

AND

B. Authorize the Chairman to execute the attached contract for those services with the selected firms.
 
  III. For Information
 
1. 1810   Recommendation Concerning the Attorney General’s Formal Comment on the Municipal Service Benefit Units - Authority of Board of County Commissioners to Forgive Penalties and Interest on Arrears When Special Assessments not Collected by the Uniform Method

That the Board accept, for filing with the Board's minutes, the above-referenced letter from the Attorney General's Office dated November 16, 2011.
 
2. 1848   Recommendation Concerning the Mohamed A. Mohamed Re-zoning Opinion

That the Board accept, for filing with the Board's minutes, the attached Opinion filed by Judge Terrell on November 22, 2011.
 
3. 1784   Recommendation Concerning FTA Charter Service Complaint

That the Board accept, for filing with the Board's minutes, the attached Charter Service Complaint filed with the Federal Transit Administration (FTA) by Beach Bum Trolley, LLC, and Answer filed in response on behalf of Escambia County.
 
4. 1858   Recommendation Concerning Town of Repton, et al. v. Conecuh Woods, LLC, et al. (Case No. CV-2011-900033.00)

That the Board accept the following information:

Escambia County, Florida's motion to intervene as a party plaintiff was granted by Honorable Burt Smithart, Circuit Court of Conecuh County. The County's complaint in intervention was filed on November 21, 2011. The defendants, Conecuh Woods, LLC, Conecuh County and the Alabama-Tombigbee Regional Commission have filed a Writ of Mandamus in the Alabama Supreme Court contesting the denial of their motions to dismiss. On November 22, 2011 the Alabama Supreme Court granted a stay of all trial court proceedings. On the same day that the Supreme Court granted the stay, this office on behalf of the Town of Century and the Escambia Soil and Water Conservation District filed a motion to intervene with a proposed complaint in intervention. The disposition of this motion will now be on hold until the stay is lifted by the Alabama Supreme Court.

The Alabama Supreme Court will require briefing on the issues presented by the defendants. This office will adopt the briefs filed on behalf of the Town of Repton and Mayor Carter who are the lead plaintiffs in this litigation. It is unknown whether the Alabama Supreme Court will schedule oral argument or decide the matter strictly on the basis of written briefs. If oral argument is scheduled, this office will make plans to attend and will apprise the Board of the Supreme Court's questions and voiced concerns, if any, to the arguments raised by the parties.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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