Agenda

1.

Call to Order.

Please turn your cell phone to the vibrate, silence, or off setting.

The Board of County Commissioners allows any person to speak regarding an item on the Agenda. The speaker is limited to three (3) minutes, unless otherwise determined by the Chairman, to allow sufficient time for all speakers. Speakers shall refrain from abusive or profane remarks, disruptive outbursts, protests, or other conduct which interferes with the orderly conduct of the meeting. Upon completion of the Public comment period, discussion is limited to Board members and questions raised by the Board.

2.

Invocation – Commissioner Robinson.

3.

Pledge of Allegiance to the Flag.

4.

Are there any items to be added to the agenda?

Recommendation: That the Board adopt the agenda as prepared (or duly amended).

5.

Commissioners’ Forum.

6.

Presentation - Retirement Proclamation commending and congratulating Glenda S. Ruston, Corrections Officer, Corrections Department, on 32 years of service.

7.

11793

Proclamations.

Recommendation: That the Board take the following action concerning Proclamations:

A. Adopt the Proclamation commending and congratulating Tammy Wright on her selection as "Employee of the Month" for March 2017;

B. Ratify the Proclamation dated February 21, 2017, commending one of Escambia County, Florida's, former residents and product Ms. LaRuby May for her many accomplishments and elected leadership and for her dedication to the communities of our Nation;

C. Ratify the Proclamation dated February 21, 2017, proclaiming February 23, 2017, as "MILITARY APPRECIATION DAY IN ESCAMBIA COUNTY" and joining the Navy League and the citizens of Escambia County in expressing appreciation to these outstanding military men and women, not only for their contributions to our community during their tours of duty here, but also for their service to our great country;

D. Ratify the Proclamation dated February 21, 2017, commending Staff Sergeant Nathan L. Hess for his dedication to making a difference in the lives of others through his selfless volunteer work and congratulating him for being awarded the Navy League “Margaret Flowers Civic Award"; and

E. Ratify the Proclamation dated February 23, 2017, proclaiming March 2, 2017, as “Pensacola Suburban West Rotary (SubWest) Club’s 60th Anniversary Day” and urging all citizens to recognize the many achievements the Pensacola Suburban West Rotary Club has made to our community and commending the Club for a wonderful heritage and a bright future.

8.

Written Communication

11756

January 30, 2017, communication from David C. Luttrell, AIA, CSI, LEED AP, of DAG Architects, requesting that the Board approve the Section 179D Allocation for his firm.

Recommendation: That the Board take the following action concerning a Written Communication from DAG Architects:

A. Consider the request made by David C. Luttrell, AIA, CSI, LEED AP, of DAG Architects, in his letter dated January 30, 2017, asking the Board to approve for his firm the execution of a Section 179D Allocation Letter, as provided, which would allow for an income tax deduction for the work performed on the Molino School Renovation; and

B. Authorize the County Administrator to sign the § 179D Energy Tax Allocation Form.

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.

11709

5:31 p.m. Public Hearing for consideration of the Fiscal Year 2017 Grant Application for FTA 5307 Funding for Operating and Capital Assistance for Mass Transit Projects for ECAT.

Recommendation: That the Board take the following action concerning the Fiscal Year 2017 Federal Transit Administration (FTA) 5307 Grant Application by Escambia County Area Transit (ECAT) for Mass Transit project funding:

A. Conduct the 5:31 p.m. Public Hearing for the purpose of receiving comments from the general public on the Grant Application for $1,892,843 in Federal assistance on Mass Transit projects;

B. Approve, or amend and approve, the Grant Application after receiving comments at the Public Hearing;

C. Adopt the Resolution authorizing the Chairman or County Administrator to execute all appropriate documents for the processing and receipt of Federal funds from the Federal Transit Administration; and

D. Authorize the ECAT General Manager to file the Grant Application via the Federal Transportation Award Management System (TrAMS).

[Funding: The total Grant Application is for $1,892,843. The total expense for Operating Assistance is $2,839,264, which requires a local 50/50 match of $1,419,632. The Operating Assistance portion of the Grant will be reimbursed at 50% up to the allowed maximum of $1,419,632. The local match is included in the Fiscal Year 2017 Budget.

Preventive Maintenance ($264,998), ADA Paratransit Service ($189,284), and Safety and Security ($18,929), totaling $473,211, requires an 80/20 local match of $118,302.75, which is covered by Florida Toll Revenue Credits. Per FTA requirements, the calculation for the $118,302.75 is determined by dividing the local share (20) by the federal share (80) = 25%, then multiply by the total funds requested ($473,211).

Operating Assistance $1,419,632 + Operating Capital $473,211 = $1,892,843]

11.

11794

5:32 p.m. Public Hearing to consider adopting an Ordinance creating the Innerarity Island Development Corporation Sewage System Improvements Municipal Service Benefit Unit (MSBU).

Recommendation: That the Board take the following action concerning the Innerarity Island Development Corporation Sewage System Improvements Municipal Service Benefit Unit:

A. Adopt an Ordinance creating Volume I, Chapter 70, Article VIII, Division 3, Sections 70-824 through 70-831, of the Escambia County Code of Ordinances, establishing the Innerarity Island Development Corporation Sewage System Improvements Municipal Service Benefit Unit and all related documents; and

B. Make the following findings of fact:

1. Due to public safety concerns, the Board of County Commissioners waived the Application and Petition requirements specified in the Escambia County Municipal Services Benefits Units Guidelines and Procedures. The proposed Municipal Service Benefit Unit has otherwise met the criteria established by the Board of County Commissioners in the Escambia County Municipal Services Benefits Units Guidelines and Procedures for a municipal service benefit unit;

2. Lots in the District are specially benefited since sewage system improvements increase the market value of an individual Lot, and increase the ability of Lot owners to develop their land;

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

4. Through its creation of the District, the Board of County Commissioners has not accepted ownership of any roads, streets, easements, or lots located within the District other than those expressly accepted or acquired through vote of the Board of County Commissioners, and the Board of County Commissioners shall not maintain such properties during or subsequent to installation of any drainage improvements in the District.

12.

11798

5:33 p.m. TEFRA Public Hearing for consideration of authorizing the issuance by the Public Finance Authority of not-to-exceed $9,000,000 in Multifamily Housing Revenue Bonds, on behalf of JPC Charities, and/or one or more related and/or affiliated entities.

Recommendation: That the Board take the following action concerning the issuance, by the Public Finance Authority (the “Issuer”), of not-to-exceed $9,000,000 in Multifamily Housing Revenue Bonds (the “Bonds”), on behalf of JPC Charities, and/or one or more related and/or affiliated entities (collectively, the “Borrower”), for the purpose of (A) financing, refinancing or reimbursing the Borrower for the cost of certain capital improvements for or to the 218-unit residential rental housing facility known as Peachtree Commons Apartments, located at 4600 Twin Oaks Drive, Pensacola, Florida 32506 (the “Project”); (B) funding any necessary reserve; (C) funding capitalized interest on the Bonds; and (D) paying the costs associated with the issuance of the Bonds:

A. Conduct the Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing; and

B. Following the TEFRA Public Hearing, adopt, and authorize the Chairman to execute, the Resolution approving the issuance of the Bonds upon the terms established therein. The Bonds will not be issued by the County nor obligate the credit of the County or pose any obligation or liability for the County.

13.

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
Ernie Lee Magaha Government Building, Suite 130

I. Consent Agenda

1.

11811

Recommendation Concerning Acceptance of Documents Provided to the Clerk to the Board's Office

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

A. The General Release and Hold Harmless Agreement executed by Faye Hall, based on the Board's action of June 5, 2008, approving a settlement, in the sum of $21,250, for personal injuries sustained by Faye Hall as a result of her slip and fall in an area of a sidewalk and manhole apron maintained and owned by County on “W” Street; and

B. The General Release and Hold Harmless Agreement, executed by Delcener Green-Hill, based on the Board's action of June 5, 2008, authorizing a settlement payment of $15,000, regarding Delcener Green-Hill v. Escambia County, Florida, Case No.: 2003 CA 797, in exchange for the execution of a General Release and Hold Harmless Agreement.

2.

11776

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 Attorney-Client Session held February 9, 2017;

B. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held February 9, 2017;

C. Accept, for filling with the Board's Minutes, the Report of the Agenda Work Session held February 16, 2017;

D. Approve the Minutes of the Attorney-Client Session held February 16, 2017, at 3:00 p.m.;

E. Approve the Minutes of the Attorney-Client Session held February 16, 2017, at 3:30 p.m.; and

F. Approve the Minutes of the Regular Board Meeting held February 16, 2017.

GROWTH MANAGEMENT REPORT

I. Public Hearing

1.

11763

Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on February 7, 2017

That the Board take the following action concerning the rezoning cases heard by the Planning Board on February 7, 2017:

Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2016-13, Z-2016-14, and Z-2016-16 or remand the cases back to the Planning Board; and
Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning cases that were reviewed.

1.	Case No.:	Z-2016-13
	Address:	6013 Hilburn Road
	Property Reference No.:	29-1S-30-1504-000-000
	Property Size:	1.52 (+/-) acres
	From:	HDR, High Density Residential district (18 du/acre)
	To:	Com, Commercial district (25 du/acre, lodging unity density not limited by zoning)
	FLU Category:	MU-U, Mixed-Use Urban
	Commissioner District:	3
	Requested by:	Wiley C. "Buddy" Page, Agent for Shaun Romero, Owner
	Planning Board Recommendation:	Approval
	Speakers:	Buddy Page, Toni Pettigrew, Rhonda Robinson, Dan Wendleton

2.	Case No.:	Z-2016-14
	Address:	6000 Blk Highway 4 West
	Property Reference:	08-5N-32-3201-000-000
	Property Size:	15.65 (+/-) acres
	From:	Agr, Agricultural district (one du/20 acres)
	To:	RR, Rural Residential district (one du/four acres)
	FLU Category:	RC, Rural Community
	Commissioner District:	5
	Requested by:	Billy Glen and Quida F. Wiggins, Owners
	Planning Board Recommendation:	Approval
	Speakers:	Glen Wiggins

3.	Case No.:	Z-2016-16
	Address:	8594 Highway 98 West
	Property Reference:	19-2S-31-3401-000-000
	Property Size:	26.11 (+/-) acres
	From:	HDR, High Density Residential district (18 du/acre)
	To:	Com, Commercial district (25 du/acre, lodging unit density no limited by zoning)
	FLU Category:	MU-U, Mixed-Use Urban
	Commissioner District:	1
	Requested by:	Michael Miragliotta, Agent for R & C Clark, LLC, Owner
	Planning Board Recommendation:	Approval
	Speakers:	Michael Miragliotta, Heather Reed, Audrie Denson, Tim Stewart, Darrak Scurles,

2.

11764

5:45 p.m. A Public Hearing for Consideration of Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning cases heard by the Planning Board on February 7, 2017, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.

3.

11765

5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending LDC, Chapter 2, Development and Compliance Review

That the Board of County Commissioners (BCC) review and adopt an Ordinance to the Land Development Code (LDC) Chapter 2, Development and Compliance Review, Article 1, General Provisions, amending Section 2-1.1 to add additional public notification requirements, Article 6, Special Conditions and Circumstances, amending Section 2-6.2 through Section 2-6.10 to require additional public notification for certain quasi-judicial hearings, appeals of administrative decisions, variances, conditional uses, substantial hardship variances, and other reviews; amending Chapter 2, Development and Compliance Review, Article 7, LDC and Comprehensive Plan Amendment, amending Section 2-7.1 through Section 2-7.3 to require additional public notification for zoning and future land use map amendments.

4.

11766

5:47 p.m. - Cancellation of a Public Hearing Concerning the Review of an Ordinance Amending Chapter 2, Article 5, Final Plats

That the Board of County Commissioners (BCC) cancel the 5:47 p.m., Public Hearing scheduled to review and adopt an Ordinance to the Land Development Code (LDC) Chapter 2, Article 5 “Subdivision”, Section 2-5.7 “Final plats”; establishing a requirement for an infrastructure maintenance disclosure.

5.

11767

5:48 p.m. - Cancellation of a Public Hearing Concerning the Review of an Ordinance Amending Chapter 3, Article 3, Section 3-3.7, Scenic Highway Overlay

That the Board of County Commissioners (BCC) cancel the 5:48 p.m., Public Hearing scheduled to review and adopt an Ordinance to the Land Development Code (LDC) Chapter 3, Article 3 Overlay Districts, Section 3-3.7, "Scenic Highway Overlay," to refine the list of structures that must meet the minimum 50' setback from the Scenic Highway right-of-way.

6.

11768

5:49 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map, LSA-2016-03

That the Board of County Commissioners (BCC) review and transmit to the Department of Economic Opportunity (DEO), an Ordinance amending the 2030 Future Land Use Map, changing the Future Land Use category of a parcel within Section 34, Township 1N, Range 31W, Parcel Number 2101-000-001 totaling 56.80 (+/-) acres, located east of Isaacs Lane, from Industrial (I) to Mixed-Use Suburban (MU-S).

This hearing serves as the first of two required public hearings before the BCC.

II. Consent Agenda

1.

11769

Recommendation Concerning the Scheduling of Public Hearings

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

A. Thursday, March 16, 2017

1. 5:45 p.m. - A Public Hearing - CIP

Summary: An ordinance to fulfill the requirements of Section 163.3177(3)(b), Florida Statutes and Objective CIE 1.2, Five-Year Schedule, Escambia County Comprehensive Plan: 2030 by adopting the 2016-2020 update to the Five-Year Schedule of Capital Improvements for incorporation into the 2030 Comprehensive Plan, as amended.

2. 5:46 p.m. - A Public Hearing - LDR Lot Width Ordinance

Summary: To amend LDR Zoning Lot width. A minimum lot width of 20 feet at the street right-of-way for cul-de-sac lots and 60 feet at the street right-of-way for all other lots.

3. 5:47 p.m. - A Public Hearing - OSP-2016-01 - 1400 Hwy 29 North - Opting Out of the Sector Plan (first of two public hearings)

Summary: The applicant is requesting to remove a parcel from the adopted Escambia County Mid-West Sector Plan, Jacks Branch Detailed Specific Area Plan; the applicant is also requesting that a Future Land Use category of Mixed-Suburban be assigned to the parcel.

4. 5:48 p.m. - A Public Hearing - Ordinance Establishing Criteria for Opting Out Applications

Summary: An ordinance to establish criteria for review and procedures for processing applications to address requests to Opt-Out of the Sector Plan.

B. Thursday, April 6, 2017

1. 5:45 p.m. - A Public Hearing to amend the official Zoning map to include the following Rezoning Case to be heard by the Planning Board on March 7, 2017.

Case No.:	Z-2017-01
Address:	8600 Blk Lillian Highway
Property Reference No.:	12-2S-31-3110-000-000
From:	HDMU, High Density Mixed-use district (25 du/acre)
To:	HC/LI, Heavy Commercial and Light Industrial district (25 du/acre, lodging unit density not limited by zoning)
FLU Category:	MU-U, Mixed-Use Urban
Commissioner District:	1
Requested by:	Tom Hammond, Agent for Sterling Tree Service, Inc., Owner