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AGENDA
Board of County Commissioners
Regular Meeting – August 17, 2017 – 5:30 p.m.
Ernie Lee Magaha Government Building – First Floor
 
             
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 Barry.
 
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. 12656   Proclamations.

Recommendation: That the Board ratify the Proclamation dated August 3, 2017, remembering Frank Gilbert Cherry for his endless efforts to create an environment that provides all Americans with the opportunity to live the American dream regardless of the physical obstacles that they may face.
 
7. 12658   Years of Service Award Recognition.

Recommendation: That the Board recognize with a pin and certificate Cynthia "Dianne" Simpson, Assistant to the County Attorney, for her dedication in 30 years of service to Escambia County.
 
8.   Written Communication
 
A. 12630   July 25, 2017, communication from Jacqueline R. Pinkard requesting that Escambia County provide relief of the Code Enforcement Lien attached to property located at 4311 Erress Boulevard.

Recommendation: That the Board review and consider the Lien relief request made by Jacqueline R. Pinkard against property located at 4311 Erress Boulevard.

On August 21, 2014, the Board amended the "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III. H2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board's behalf if set criteria are met.

After reviewing the request for forgiveness of Liens staff made the determination that the request did not fall within the criteria that would allow the County Administrator to act on the Board's behalf and grant relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

Ms. Pinkard made request to appear before the Board of County Commissioners to appeal the hard costs.
 
B. 12624   July 27, 2017, communication from Minnie Wade requesting that Escambia County provide relief of Code Enforcement Lien attached to 1220 West Maxwell Street.

Recommendation: That the Board review and consider Lien relief request made by Minnie Wade against property located at 1220 West Maxwell Street.

On August 21, 2014, the Board amended the "Guideline for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board's behalf if set criteria are met.

After reviewing the request for forgiveness of Liens, staff made the determination that the request did not fall within the criteria that would allow the County Administrator to act on the Board's behalf and grant relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, section III, H2.

Minnie Wade has made a request to appear before the Board to appeal the lien attached to her property.
 
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. 12577   5:31 p.m. Public Hearing for consideration of the vacation of a portion of unopened right-of-way on Anderson Street, as petitioned by Capstone Adaptive Learning and Therapy Centers, Inc.

Recommendation: That the Board take the following action concerning the vacation of a portion of unopened right-of-way on Anderson Street:

A. Approve or deny the vacation of a portion of unopened right-of-way (approximately .04 acres) on Anderson Street;

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.
 
11. 12687   Committee of the Whole Recommendation.

Recommendation: That the Board take the following action, as recommended by the Committee of the Whole (C/W), at the August 10, 2017, C/W Workshop:

A. Approve ranking the design-build firm for the Escambia County Correctional Facility using the "one sheet, one score" per Commissioner method (C/W Item #3);

B. Select Whitesell-Green/Caddell as the number one firm [for PD 16-17.044, Design-Build of the Escambia County Correctional Facility] and authorize staff to negotiate a final contract with this firm upon ratification of this action at the Board's next Regular Meeting (C/W Item #3);

C. Move forward with [authorizing staff and the design-build entity chosen for PD 16-17.004, Design-Build of the Escambia County Correctional Facility, to utilize] Owner Direct Purchases (ODP) [for the all purchases where utilization is to the cost-benefit of the County], and "do it in a way we will be purchasing, but we will not be hiring any additional staff at this time" (C/W Item #4);

D. Move forward with the Alternative Items [for the Escambia County Correctional Facility] that are within the budget and pursue any and all of the Alternatives, based on a staff recommendation for priority, which will be submitted to the Board for approval (C/W Item #5); and

E. Authorize the County Attorney to move forward with a solicitation for legal representation for a possible lawsuit to recover damages for the across-the-board impact opioid overdoses within the community.
 
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
Ernie Lee Magaha Government Building, Suite 110
 
  I.  Consent Agenda
 
1. 12682   Recommendation Concerning Disposition of Records

That the Board approve Records Disposition Document No. 638, for disposition of Board of County Commissioners' Records, Item 32, Minutes: Official Meetings (Transcripts: Microfilmed on Rolls 530 through 543), for the period January 1, 2016, through September 1, 2016, in accordance with State Retention Schedule GS1, since the permanent records have been scanned and/or microfilmed.
 
2. 12683   Recommendation Concerning Documents Provided for Filing with the Board's Minutes

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 FY 2017-2018 Tenative Budget for the Northwest Florida Water Management District (NFWMD), provided by April Murray, Budget Analyst, NFWMD;

B. Copies of the Triumph Gulf Coast Project solicitation letters to the Pensacola City Council, Century Town Council, Emerald Coast Utility Authority, Escambia County School Board, and Escambia County Soil and Water Conservation Board, based on the Board's discussion at the Committee of the Whole Workshop held June 15, 2017, wherein Commissioner Underhill advised by Commissioner Underhill that he will write a letter to the other elected bodies requesting their priorities and collaboration with regard to Triumph Projects; and

C. The Amendment to the Agreement for Professional Services (PD 02-03.079), with Professional Service Industries, Inc., approved by the Board on November 5, 2015.
 
3. 12561   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 Committee of the Whole Workshop/Economic Development Summit, Part II, held July 26, 2017;

B. Approve the Minutes of the Special Board Meeting held July 27, 2017;

C. Approve the Minutes of the Attorney-Client Session held August 3, 2017;

D. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held August 3, 2017;

E. Approve the Minutes of the Regular Board Meeting held August 3, 2017;

F. Approve the Minutes of the Attorney-Client Session held August 8, 2017; and

G. Approve the Minutes of the Special Board Meeting held August 8, 2017.
 
 
GROWTH MANAGEMENT REPORT
 
  I. Consent Agenda
 
1. 12648   Recommendation Concerning the Scheduling of Public Hearings

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

September 7, 2017

A. 5:46 p.m. - A Public Hearing - Opting Out of the Sector Plan and Assigning a Future Land Use Category - Highway 29 and Neal Road - OSP-2017-01 (second 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.

B. 5:47 p.m. - A Public Hearing - Sunbelt Crushing, LLC Permit Renewal

Summary: Review and approve, modify, or deny the renewal of a permit for an existing concrete recycling facility located at 2390 Longleaf Drive.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 12654   Recommendation Concerning the Request for Disposition of Property for the Tax Collector's Office - Scott Lunsford, CPM, CFC, Tax Collector

That the Board approve the Request for Disposition of Property Form for the Tax Collector's Office. The Request Form has been signed by all applicable authorities.
 
2. 12563   Recommendation Concerning Community Redevelopment Agency Meeting Minutes, July 18, 2017 - Tonya Gant, Neighborhood & Human Services Department Director

That the Board accept for filing with the Board's Minutes, the July 18, 2017, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Melanie Johnson, CRA Administrative Assistant.
 
3. 12627   Recommendation Concerning the Request for Disposition of Property for the Property Appraiser's Office - Chris Jones, Escambia County Property Appraiser

That the Board approve the three Request for Disposition of Property Forms for the Property Appraiser's Office for all the equipment that is described and listed on the Request Forms. The reason for disposition is stated on each Form. The items are to be auctioned as surplus or disposed of properly.
 
4. 12566   Recommendation Concerning the Request for Disposition of Property for Extension Services - Nick Simmons, County Extension Director

That the Board approve the Request for Disposition of Property Form for Extension Services, for property described and listed on the Disposition Form. 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 disposed of properly.
 
5. 12634   Recommendation Concerning the Scheduling of a Public Hearing for the Saverna Park Street Lighting Municipal Services Benefit Unit - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on September 7, 2017, at 5:32 p.m., to consider adoption of an Ordinance creating the Saverna Park Street Lighting Municipal Services Benefit Unit (MSBU).
 
6. 12633   Recommendation Concerning the Resolution Relating to the Deployment of Components of the Existing Pensacola Bay Bridge as Artificial Reef Material - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board adopt and authorize the Chairman to sign the Resolution relating to the deployment of components of the existing Pensacola Bay Bridge as artificial reef material.
 
7. 12635   Recommendation Concerning the Resolution Supporting an Application to the Florida Department of Environmental Protection for the 2018-2019 Florida Beach Erosion Control Program Budget for the Perdido Key Nourishment Project - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board adopt and authorize the Chairman to sign the Resolution supporting an Application to the Florida Department of Environmental Protection for State funds under Section 161.091, Florida Statutes, for the 2018-2019 Florida Beach Erosion Control Program Budget for the Perdido Key Nourishment Project to be allocated for beach and dune restoration.

[This Resolution ensures Escambia County is included in the Florida Beach Erosion Control Program Budget (2018-2019) and does not have an immediate budgetary impact. However, a local match will be required when the nourishment project is constructed with no current funding identified. In addition, additional funds will be necessary for continued maintenance of the project post-construction to maximize eligibility for Federal Emergency Management Agency (FEMA) funds in the event of a declared disaster.]
 
8. 12642   Recommendation Concerning the Resolution Supporting an Application to the Florida Department of Environmental Protection for the 2018-2019 Florida Beach Erosion Control Program Budget for Pensacola Pass Inlet Management Study and Inlet Management Plan Development - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board adopt and authorize the Chairman to sign the Resolution supporting an application to the Florida Department of Environmental Protection for State funds under Section 161.091, Florida Statutes, for the 2018-2019 Florida Beach Erosion Control Program Budget for an Inlet Management Study of Pensacola Pass, the development of an Inlet Management Plan, and implementation of a funding application.

[This Resolution ensures Escambia County is included in the Florida Beach Erosion Control Program Budget (2018-2019) and does not have an immediate budgetary impact. However, a local match ($103,750) will be required if the project is selected for funding by the State. The local funding source has not yet been identified.]
 
9. 12575   Recommendation Concerning the Conveyance of an Anchor and Guy Easement to Gulf Power for County Property - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of an Anchor and Guy Easement to Gulf Power for County property located south of the intersection of Chief's Way and Prieto Drive:

A. Approve granting an Anchor and Guy Easement to Gulf Power; and

B. Authorize the Chairman or Vice Chairman to sign the Anchor and Guy Easement.

[Funding Source: Costs of incidental expenditures associated with the recording of documents will be borne by Gulf Power]
 
10. 12667   Recommendation Concerning a Reappointment to the Escambia County Health Facilities Authority, as Requested by Paula G. Drummond, Executive Director and General Counsel - Jack R. Brown, County Administrator

That the Board reappoint Linda T. Miragliotta to the Escambia County Health Facilities Authority (Authority), effective August 22, 2017, through August 21, 2021, as requested on behalf of the Authority by Paula G. Drummond, Executive Director and General Counsel.

A General Alert was posted on the County's website, from June 30, 2017, to July 14, 2017, to seek volunteers to be considered for an appointment to the Escambia County Health Facilities Authority. The letter from Paula Drummond with Ms. Miragliotta's Resume attached is the only response received.
 
11. 12665   Recommendation Concerning the Memorandum of Agreement with Florida Department of Environmental Protection Regarding the Operations and Maintenance of the Escambia Treating Company Superfund Site - Amy Lovoy, Assistant County Administrator

That the Board approve and authorize the Chairman to sign the Memorandum of Agreement (MOA) between Escambia Country and the Florida Department of Environmental Protection (FDEP) regarding the operations and maintenance of the Escambia Treating Company Superfund Site (ETC) located at or near 3910 North Palafox Street.

The County Attorney warns that the acquisition of this site comes with the potential for both regulatory and tort liability. The Florida Department of Environmental Protection has refused to limit the amount the County may have to spend to comply with environmental laws and regulations. Additionally, federal and state agencies cannot prevent third party claims against the County if it is the owner of the property. Thus, the County could be subject to claims for personal injury, death or property damage if brought by third parties.
[Acceptance of these properties will require the County to perform regular operations and maintenance in an estimated amount of about $50,000 annually but could require additional funds to remain in compliance with the operations and maintenance plan.]
 
12. 12666   Recommendation Concerning the Memorandum of Understanding with the City of Pensacola Regarding the Escambia Treating Company Superfund Site - Amy Lovoy, Assistant County Administrator

That the Board approve and authorize the Chairman to sign the Memorandum of Understanding (MOU) between Escambia County and the City of Pensacola regarding the Escambia Treating Company (ETC) Superfund Site, in which the City agrees to convey their 15-acre parcel to the County and contract its jurisdictional boundaries to exclude all parcels of the ETC Superfund Site, upon the County acquiring ownership of the remaining parcels currently owned by the Environmental Protection Agency (EPA) and under the jurisdiction of the Florida Department of Environmental Protection (FDEP).
 
  II.  Budget/Finance Consent Agenda
 
1. 12564   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements - Tonya Gant, Neighborhood & Human Services Department Director

That the Board ratify the following August 17, 2017, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the four Residential Rehab Grant Program Funding and Lien Agreements:

A. Approving the following four Residential Rehab Grant Program Funding and Lien Agreements:

1. The Agreements between Escambia County CRA and Christine L. Yerkes, owner of residential property located at 634 Lakewood Road, Barrancas Redevelopment District, each in the amount of $6,000, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 370116, to install a new roof;

2. The Agreements between Escambia County CRA and Marjory Tandy, owner of residential property located at 308 Ruberia Avenue, Barrancas Redevelopment District, each in the amount of $2,750, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 370116, to install a new roof;

3. The Agreements between Escambia County CRA and Travelstar Properties, LLC, owner of residential property located at 513 Lakewood Road, Barrancas Redevelopment District, each in the amount of $2,900, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 370116, to install a new roof; and

4. The Agreements between Escambia County CRA and Stephen E. and Brenda J. Ward, owners of residential property located at 110 Vaughn Avenue, Cantonment Redevelopment District, each in the amount of $2,875, representing an in-kind match through the Cantonment Tax Increment Financing (TIF), Fund 151, Cost Center 370118, to install a new roof; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement the Grant awards.
 
2. 12628   Recommendation Concerning the Cancellation of Commercial Facade, Landscape, and Infrastructure Grant Program Lien - Tonya Gant, Neighborhood & Human Services Department Director

That the Board ratify the following August 17, 2017, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Cancellation of the Commercial Facade, Landscape, and Infrastructure Grant Program Lien:

A. Approving the following Cancellation of the Commercial Façade, Landscape, and Infrastructure Grant Program Lien, as the Grant recipient has met the one-year of compliance with the Commercial Façade, Landscape, and Infrastructure Grant Program:
Property Owner Address Amount
RJ Properties of NW Florida, LLC 2901 North "E" Street $8,702

B. Authorizing the Chairman to execute the Cancellation of Lien document.
 
3. 12565   Recommendation Concerning the Cancellation of Residential Rehab Grant Program Liens - Tonya Gant, Neighborhood & Human Services Department Director

That the Board ratify the following August 17, 2017, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the cancellation of seven Residential Rehab Grant Program Liens:

A. Approving the following cancellations of seven Residential Rehab Grant Program Liens, as the Grant recipients have met their one-year of compliance with the Residential Grant Program:
Property Owners Address Amount
Evan L., and Sheila J. Feltner 6 Audusson Avenue $5,957
David W. Fichter 9 Brandywine Road $3,299
David Frentzel 210 West Sunset Avenue $4,231
Donna K. Gilmore 636 Lakewood Road $3,650
Willie F. and Ulander Palmer 1608 Gary Avenue $4,075
Dell A. Reynolds 807 Montclair Road $375
Lorraine Walker 870 Limoges Way $2,650

B. Authorizing the Chairman to execute the Cancellation of Lien documents.
 
4. 12657   Recommendation Concerning Amendment #1 to the Title Clearance Services Program Agreement with Legal Services of North Florida, Inc. - Tonya Gant, Neighborhood & Human Services Department Director

That the Board take the following action concerning Amendment #1 to the Title Clearance Services Program Agreement with Legal Services of North Florida, Inc.:

A. Approve Amendment #1 to the Title Clearance Services Program Agreement between Escambia County and Legal Services of North Florida, Inc., providing an additional $7,500 to the original Agreement, for a total contract amount of $52,500; and

B. Authorize the Chairman or Vice Chairman to execute the Amendment and related documents required to implement the program.

[Funding: Fund 120/2016 SHIP, Cost Center 370202]
 
5. 12554   Recommendation Concerning Contract Award for Design Services for Chalker Road Dirt Road Paving and Drainage - Paul Nobles, Office of Purchasing, Purchasing Manager

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County and Rebol-Battle & Associates, LLC, per the terms and conditions of PD 16-17.045, Design Services for Chalker Road Dirt Road Paving and Drainage in the amount of Basic Services $78,913.99, Optional Services in the amount of $11,026.86 for a Total of $89,940.84.

[Funding: Fund 352, LOST III HMPG, Cost Center 210107, Object Code 56301, Project Number 08EN0068]
 
6. 12555   Recommendation Concerning Contract Award for Board Chambers and Central Office Complex Audio Visual Digital Upgrade - Paul Nobles, Office of Purchasing, Purchasing Manager

That the Board approve and authorize the Chairman to sign the Agreement between Escambia County and Pro Sound, Inc., per the terms and conditions of PD 16-17.043, Board Chambers and Central Office Complex (COC) Audio Visual Digital Upgrade, for an aggregate fee of $164,756.05.

[Funding: Fund 001, General Fund, Cost Center 110201, Object Code 56401]
 
7. 12576   Recommendation Concerning the State-Funded Subgrant Agreement to Update the Hazardous Materials Facility Analysis Data-Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the State-Funded Subgrant Agreement, Contract Number 18-CP-XX-XX-XX-XX-XX-XXX:

A. Approve the State-Funded Subgrant Agreement between the State of Florida, Division of Emergency Management and Escambia County, providing performance-based funding to the Escambia County Division of Emergency Management, in the amount up to $11,937, to update the Hazardous Materials Facility Analysis Data, for the period ending June 30, 2018; and

B. Authorize the Chairman or Vice Chairman to execute the Subgrant Agreement and all related documents as required to implement this Subgrant.

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

Section (21) Mandated Conditions, subsection (b), that "This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County."

[Funding: Fund 110, Other Grants and Projects, Cost Center 330323]
 
8. 12616   Recommendation Concerning Approval of Month-to-Month Lease Agreements with McDonald Shopping Center Tenants - Stephan Hall, Budget Manager, Management and Budget Services

A. That the Board approve the month-to-month Lease Agreements between Escambia County and the following McDonald Shopping Center Tenants:

1. Blue Angel Ice Company, LLC;
2. Hien Tran (D/B/A Pro Nails);
3. Raymond Lindsey (D/B/A The G Spot A Gentleman's Barber Shop); and
4. Soyoung Hyun and Chan Hyun (D/B/A Queen Bee Beauty Supply); and

B. Authorize the Chairman to sign the month-to-month Lease Agreements between Escambia County and the above-referenced McDonald Shopping Center Tenants.
 
9. 12641   Recommendation Concerning Supplemental Budget Amendment #186 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #186, Other Grants and Projects Fund (110), in the amount of $11,937, to recognize proceeds from the State-Funded Subgrant Agreement Contract Number 18-CP-XX-XX-XX-XX-XXX between the State of Florida, Division of Emergency Management and Escambia County, and to appropriate these funds for updating the Hazardous Materials Facility Analysis Data.
 
10. 12646   Recommendation Concerning Supplemental Budget Amendment #187 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #187, Other Grants and Projects Fund (110), in the amount of $89,931, to recognize proceeds from a State of Florida Division of Emergency Management (FDEM) Federally-Funded Subaward and Grant Agreement, and to appropriate these funds for enhancement of Escambia County's Division of Emergency Management daily and emergency operations and to assist in local disaster planning and community outreach efforts.
 
11. 12655   Recommendation Concerning Supplemental Budget Amendment #189 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #189, Gulf Coast Restoration Fund (118), in the amount of $2,066,706, to recognize prior year funds from the Florida Fish and Wildlife Conservation Commission (FWC) for the NRDA FWC 15153 Artificial Reefs Grant that was not rolled into the Fiscal Year 2016/2017 Budget and appropriate funds for three solicitations for Phase 2 Artificial Reef Construction, transport and deployment of Small Tetrahedron, Large Tetrahedron, and Large Dome Reefs in the Escambia South-East Reef Site located nine nautical miles southeast of Pensacola Pass in Gulf of Mexico water of approximately 80-100 ft depths.
 
12. 12580   Recommendation Concerning a Change Order to Auto, Truck, and Industrial Parts for the Public Works Department - Road Operations Division - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order to Auto, Truck, and Industrial Parts for the Public Works Department - Road Operations Division:

Department: Public Works
Division: Road Operations
Type: Addition
Amount: $10,000
Vendor: Auto, Truck, and Industrial Parts
PO#: 170022
CO#: 4
Original Purchase Order Amount: $40,000
Cumulative Amount of Change Orders Through this CO: $19,000
New Purchase Order Total: $59,000

[Funding Source: Fund 175, "Transportation Trust Fund," Cost Center 210405, Object Code 54601]
 
13. 12579   Recommendation Concerning the Authorization for the Acquisition of Real Property for the Jackson Creek Restoration Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action to give further direction regarding the acquisition of two real properties located in Wesleyan Terrace 1st Addition Subdivision for the Jackson Creek Restoration Project:

A. Authorize staff to make an offer to the following property owners. Market Value amounts and verbal counter offers are indicated below:

Parcel ID and
Description		 Property Owner Address Parcel Size Market Value Verbal
Counter Offer
37-2S-30-3400-029-002
Platted, wedge-shaped lot,
potential flood hazard		 William C. Schrader 5 Danbury Circle
0.27 acre
+/- 11,761 sf		 $4,234 $10,000
37-2S-30-3400-017-002
(COMP PARCEL)
Platted, wedge-shaped lot,
potential flood hazard
= $0.36/sf / 40% adjustment		 Pepper Trust 7 Beth
Circle

0.25 acre
+/- 11,086 sf
 $4,000 N/A
37-2S-30-3400-016-002
Platted, rectangle-shaped lot, no potential flood hazard
 Alabama Baptist Children's
Home and Family Ministries		 8 Beth
Circle		 0.24 acre
+/- 10,000 sf		 $6,000 N/A
37-2S-30-3400-028-002
(COMP PARCEL)
Platted, rectangle-shaped lot, no potential flood hazard
=$0.60/sf / no adjustment		 Pepper Trust Danbury
Circle (Blk)		 0.24 acre
+/- 10,000 sf		 $6,000 N/A


B. Authorize staff to draft the Contract for Sale and Purchase for the acquisition of real property located in Wesleyan Terrace 1st Addition Subdivision, and bring the executed Contract back before the Board; and

C. Authorize the County Attorney's Office to prepare, and the Chairman or Vice Chairman to execute, subject to Legal review and sign-off, any documents necessary to complete the acquisition of these properties without further action of the Board (if the purchase is approved).

[Funding Source: Fund 352, "LOST III," Cost Center 210107, Object Code 56101, Project #13EN2382]
 
14. 12423   Recommendation Concerning Issuance of a Purchase Order to Ingram Signalization, Inc., on Contract PD 15-16.090, "Traffic Signal Construction" - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve issuing a Purchase Order, for a not-to-exceed amount of $241,325, to Ingram Signalization, Inc., on Contract PD 15-16.090, "Traffic Signal Construction," to perform signal upgrades as per the ITS/ATMS (Intelligent Traffic System/Automated Traffic Management System). The list of intersections (14 total), description of proposed upgrades, and costs are provided.

[Funding Source: Fund 352, "LOST III," Cost Center 201017, Object Code 56301, Project #11EN1028 - totaling $241,325.00]
 
15. 12621  
Recommendation Concerning the Reallocation of Capital Improvement Program Funds - Joy D. Blackmon, P.E., Public Works Department Director

Approve reallocating funds from Fund 352, Local Option Sales Tax (LOST) III, Cost Center 210107, "Transportation and Drainage (T&D)," in the amount of $60,000, to the following projects:

FROM:
Type Description District Amount Description
Drainage Rebel Road 1 $60,000 It is anticipated that construction for the Rebel Road Project will cost approximately $900K. This project began with drainage complaints of roadway flooding on Rebel Road. It has been determined that positive drainage can be achieved through a ditch/piping system to the existing ditch located along Frank Reeder Road. The bid package is complete. The Solicitation Process is expected to be from August 2017 - October 2017 pending BCC property acquisition approval on 8/17/2017. Construction is expected from November 2017 – May 2018. Balance in project is $1M. Requesting to transfer $60K to other D1 priority projects.

TO:
Type Description District Amount Description
Drainage 8142 Imperial Drive 1 $50,000 This project involves the installation of approximately 190 linear feet of cured-in-place pipe liner for a damaged stormwater pipe that runs between two homes. Lining the pipe will be less intrusive to the two properties than removal and replacement of the pipe. Construction is expected to begin and be completed in September 2017.
Drainage 8510 Beulah Road 1 $10,000 This project is currently under construction and is 90% complete. During heavy rain events, stormwater runs off Beulah Road and drains from the surrounding neighborhood to a ditch alongside a private pond. Over time, the capacity of flow has overwhelmed the ditch, causing erosion. To reduce future erosion to the drainage ditch, an improved ditch, with flex-a-mat system connecting to an existing holding pond, has been installed. The County has obtained a permanent maintenance easement on the property that includes a 654 linear foot gravel access road from Beulah Road. These funds are needed for the removal of unsuitable material encountered during construction and to add additional 6-foot chain link fencing, rip rap, and sod to re-establish the area where these unsuitables were found. Construction is expected to be completed August 2017.

[Funding Source: Fund 352, "Local Option Sales Tax III," Account 210107]
 
16. 12623   Recommendation Concerning a Change Order to J. Miller Construction, Inc., on Contract PD 14-15.064, Wilde Lake Boulevard Site II - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order to J. Miller Construction, Inc., on Contract PD 14-15.064, General Paving and Drainage Agreement, for the Wilde Lake Boulevard Site II Project [Federal Emergency Management Agency (FEMA)]:
Department: Public Works
Division: Engineering/Infrastructure
Type: Addition
Amount: $88,257.96
Vendor: J. Miller Construction, Inc.
Project Name: Wilde Lake Boulevard Site II
Contract: PD 14-15.064, General Paving and Drainage Agreement
PO No.: 171270
CO No.: 2
Original Award Amount: $326,947.74
Cumulative Amount of Change Orders through this CO: $88,257.96
New Contract Total: $415,205.70

[Funding Source: Fund 112, Disaster Recovery Fund, Cost Center 330492, Object Code 54612, Project #ESCPW54]
 
17. 12626   Recommendation Concerning a Change Order to Ingram Signalization, Inc., on Contract PD 15-16.088, Maintenance of Traffic Signal Devices Throughout Escambia County - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order to Ingram Signalization, Inc., for Contract PD 15-16.088, Maintenance of Traffic Signal Devices Throughout Escambia County:
Department: Public Works
Division: Transportation and Traffic Operations
Type: Addition
Amount: $105,000
Vendor: Ingram Signalization, Inc.
Project Name: Maintenance of Traffic Signal Devices throughout Escambia County
Contract: PD 15-16.088
PO No.: 170759
CO No.: 1
Original Award Amount: $300,000
Cumulative Amount of Change Orders through this CO: $105,000
New Contract Total: $405,000.

[Funding Source: Fund 175, Transportation Trust Fund, Cost Center 211201, Object Code 54601]
 
18. 12668   Recommendation Concerning Group Medical Insurance - Eric Kleinert , Human Resources Department Director

That the Board take the following action concerning the County’s Group Medical Insurance (PD 08-09.042, Group Medical):

A. Approve the employee and retiree health insurance premiums; Attachment 1 shows proposed premiums reflecting a $50 discount for employees who do not use tobacco; Attachment 2 shows the proposed health insurance premiums for the County’s retirees; Medicare Advantage, Pharmacy and Medicare Plan "F" premiums will be determined later. Retirees will be responsible for paying their full premium, whether they are Medicare-eligible or not; and

B. Authorize staff to deposit $600 into the Health Saving Account (HSA) account of each employee who elects the HSA Plan; this will assist the employee in paying the higher deductible ($2,100 or $4,200); the deposit will be reviewed each year at renewal time, along with monthly administrative fees of $2.50 per member and a one-time start-up fee of $22 for each new employee who enrolls; the cost is included in the total cost estimate.

[Funding Source: Fund 501, Internal Service Fund, Cost Center 150108, Object Code 54501]
 
  III. For Discussion
 
1. 12532   Recommendation Concerning Contract Award for Re-Solicit Operator for Paratransit Services - Paul Nobles, Office of Purchasing, Purchasing Manager

That the Board approve one of the following options:

A. Approve and authorize the Chairman to execute an Agreement, subject to Legal review and sign-off, between Escambia County, Florida, and Innovative Transport & Logistics Solutions, LLC, per the terms and conditions of PD 16-17.068, Re-Solicit Operator for Paratransit Services as follows:

Year 1
Per Trip rate including Living Wage of $11.23 for all employees, Ambulatory $28.85, Wheelchair $40.72
Per Mile rate including Living Wage of $11.23 for all employees, Ambulatory $2.31, Wheelchair $3.26
In the amount of $2,711,265.63, based on 75% Ambulatory and 25% Wheelchair (2016 Data of 85,213 Trips);

Year 2
Per Trip rate including Living Wage of $11.23 for all employees, Ambulatory $29.07, Wheelchair $41.03
Per Mile rate including Living Wage of $11.23 for all employees, Ambulatory $2.32, Wheelchair $3.27
In the amount of $2,731,928.78, based on 75% Ambulatory and 25% Wheelchair (2016 Data of 85,213 Trips);

Year 3
Per Trip rate including Living Wage of $11.23 for all employees, Ambulatory $30.07, Wheelchair $42.46
Per Mile rate including Living Wage of $11.23 for all employees, Ambulatory $2.41, Wheelchair $3.40
In the amount of $2,826,302.18, based on 75% Ambulatory and 25% Wheelchair (2016 Data of 85,213 Trips);

Year 4
Per Trip rate including Living Wage of $11.23 for all employees, Ambulatory $31.04, Wheelchair $43.82
Per Mile rate including Living Wage of $11.23 for all employees, Ambulatory $2.49, Wheelchair $3.51
In the amount of $2,917,267.06, based on 75% Ambulatory and 25% Wheelchair (2016 Data of 85,213 Trips);

Year 5
Per Trip rate including Living Wage of $11.23 for all employees, Ambulatory $32.20, Wheelchair $45.46
Per Mile rate including Living Wage of $11.23 for all employees, Ambulatory $2.58, Wheelchair $3.64
In the amount of $3,026,339.70, based on 75% Ambulatory and 25% Wheelchair (2016 Data of 85,213 Trips);

OR

B. Approve and authorize the Chairman to execute an Agreement, subject to Legal review and sign-off, between Escambia County, Florida, and First Transit, Inc., per the terms and conditions of PD 16-17.068, Re-Solicit Operator for Paratransit Services, as follows:

Year 1
Per Trip rate including Living Wage of $11.23 for all employees $32.67
Per Mile rate including Living Wage of $11.23 for all employees $3.29
In the amount of $2,783,908.71, based on 2016 Data of 85,213 Trips;

Year 2
Per Trip rate including Living Wage of $11.23 for all employees $33.97
Per Mile rate including Living Wage of $11.23 for all employees $3.42
In the amount of $2,894,685.61, based on 2016 Data of 85,213 Trips;

Year 3
Per Trip rate including Living Wage of $11.23 for all employees $35.10
Per Mile rate including Living Wage of $11.23 for all employees $3.53
In the amount of $2,990,976.30, based on 2016 Data of 85,213 Trips;

Year 4
Per Trip rate including Living Wage of $11.23 for all employees $36.87
Per Mile rate including Living Wage of $11.23 for all employees $3.71
In the amount of $2,917,267.06, based on 2016 Data of 85,213 Trips;

Year 5
Per Trip rate including Living Wage of $11.23 for all employees $38.01
Per Mile rate including Living Wage of $11.23 for all employees $3.83
In the amount of $3,238,946.13, based on 2016 Data of 85,213 Trips;

OR

C. Reject all proposals associated with PD 16-17.068, Re-Solicit Operator for Paratransit Services, and advise staff to re-solicit based on revised scope and selection criteria for a 90 to 120-day extension for the solicitation process;

OR

D. Reject all proposals associated with PD 16-17.068, Re-Solicit Operator for Paratransit Services, authorize termination of the Memorandum of Agreement with the Commission for the Transportation Disadvantaged designating Escambia County as the Community Transportation Coordinator, advise staff to proceed with transferring responsibility for transportation disadvantaged services to the State of Florida, while assuming paratransit (ADA) services as part of the mass transit fixed route service currently provided by Escambia County Area Transit (ECAT), and direct staff to negotiate with First Transit, Inc., for a 90 to 120-day extension for the transference process.

[Funding: Fund 104, Mass Transit, Cost Center 320401, Object Code 53401/53404]
 
2. 12684   Recommendation Concerning the Acquisition of Property Located at 3201 West Navy Boulevard - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action:

A. Authorize staff to make an offer to purchase the property located at 3201 West Navy Boulevard for the offer amount of $980,000, which is the average of two appraisals. This property will be utilized by the Supervisor of Elections Office as warehouse and training space. Any counter-offer will be brought back before the Board; and

B. Authorize staff to draft the Contract for Sale and Purchase for the acquisition of real property located at 3201 West Navy Boulevard, and bring the executed Contract to the Board for final approval.

[Funding Source: Fund 352, Local Option Sales Tax III, Cost Center 110267, Project 17PF3753]
 
3. 12689   Recommendation Concerning a Settlement for Earnest Stanberry, Jr., & Linda F. Stanberry for All Claims for Property Damage in the Area of 8719 Orange Avenue - Robert Dye, Manager, Risk Management Office

That the Board consider whether to approve the General Release and Settlement Agreement for Earnest Stanberry, Jr., and Linda F. Stanberry to settle a claim, in the amount of $13,346.82, for flooding at the property owned by Earnest Stanberry in the area of 8719 Orange Avenue, with any action conditioned upon receipt of a properly executed release from the property owner.

[Funding: Fund 501, Balance Sheet Account 239898]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 12663   Recommendation Concerning Authorizing Settlement of the Administrative Claims for Tort Damages Brought by Daniel Cain and Peggy Diane Cain in the sum of $90,000.00

That the Board take the following action:

A. Authorize settlement of the administrative claims for tort damages brought by Daniel Cain and his wife, Peggy Diane Cain, in the sum of $90,000.00; and

B. Authorize the County Attorney’s Office to draft a general release and hold harmless agreements to be executed by Mr. and Mrs. Cain in exchange for the payment of $90,000.00.

[Payment from 501, Internal Service Fund]
 
2. 12685   Recommendation Concerning Ratifying and Approving the Joint Stipulation for Dismissal with Prejudice in the Estate of Sara Daw vs. Escambia County, Case No.: 2014 CA 001903

That the Board ratify and approve the execution of a Joint Stipulation for Dismissal with Prejudice in the matter of the Estate of Sara Daw vs. Escambia County.
 
  II.  For Discussion
 
1. 12691   Recommendation Concerning Legal Representation of Commissioner D. B. Underhill

That the Board discuss whether the County will retain the Clark, Partington, Hart, Larry, Bond & Stackhouse law firm to represent Commissioner D. B. Underhill relating to the attached defamation claim filed against him by Gene Valentino.
 
2. 12692   Recommendation Concerning Adopting a Resolution Encouraging Citizens to Exercise Their First Amendment Rights at any Public Forum, Including at the Rosa Parks Transit Complex

That the Board consider whether to adopt a resolution encouraging citizens to exercise their First Amendment Rights at any public forum, including at the Rosa Parks Transit Complex.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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