Agenda

1.

Call to Order.

(PLEASE TURN YOUR CELL PHONE TO THE VIBRATE, SILENCE, OR OFF SETTING)

2.

Invocation – Commissioner Young.

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.

2286

Proclamations.

Recommendation: That the Board adopt the following four Proclamations:

A. The Proclamation commending and congratulating Election Day Officials for their outstanding service and dedication to the democratic process in our community;

B. The Proclamation proclaiming April 27, 2012, as "National Small Business Day" in Escambia County;

C. The Proclamation commending and congratulating Trent Richardson for being named the Pensacola Sports Association’s “Amateur Athlete of the Year”; and

D. The Proclamation commending and congratulating Mr. Derrick Brooks for his induction into the Pensacola Sports Association’s Hall of Fame.

7.

Written Communication:

A.

2219

February 10, 2012 - Email communication from Wayne Hughes, on behalf of Joseph P. and Joy Lovetto, requesting that the Board forgive a Code Enforcement Lien against property located at 7201 North Palafox Highway.

Recommendation: That the Board review and consider lien relief request made by Mr. Wayne Hughes on behalf of Joseph P. and Joy Lovetto against property located at7201 N. Palafox Highway.

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 following 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.

Mr. Wayne Hughes has no other recourse but to appeal before the Board under Written Communication.

B.

2308

February 21, 2012 - E-mail communication from Bruce Baker, MBA, RE/MAX Infinity, requesting a SHIP offer-in-compromise for property located at 7648 Stagecoach Road owned by Leonard H. Dougherty and Rose A. Dougherty.

8.

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.

9.

2255

5:31 p.m. Public Hearing for consideration of adopting an Ordinance granting a non-exclusive franchise to the City of Gulf Breeze for the provision of gas services to the portion of Santa Rosa Island located in the unincorporated area of Escambia County.

Recommendation: That the Board adopt an Ordinance granting a non-exclusive franchise to the City of Gulf Breeze for the provision of gas services to the portion of Santa Rosa Island located in the unincorporated area of Escambia County.

10.

2256

5:32 p.m. Public Hearing for the consideration of approving an agreement between the City of Pensacola and the City of Gulf Breeze for the provision of gas services to the portion of Santa Rosa Island located in the unincorporated area of Escambia County.

Recommendation: That the Board approve an agreement between the City of Pensacola and the City of Gulf Breeze for the provision of gas services to the portion of Santa Rosa Island located in the unincorporated area of Escambia County.

11.

2285

Committee of the Whole Recommendation.

Recommendation: The Committee of the Whole (C/W), at the C/W Workshop held March 8, 2012, recommends that the Board take the following action:

A. Direct staff and the Development Services Department to proceed with advertising the Request for Letters of Interest for the Perdido Key Master Plan and, during the same time frame, identify an alternate funding source, for adoption by the Board (C/W Item 4);

B. Approve proceeding into a final lease agreement with the Perdido Methodist Church for an Escambia County Skate Park, with the agreement to include a 30-day "out clause" that will allow the County to terminate the agreement if the County's costs increase (C/W Item 6);

C. Authorize the scheduling and advertising of a Public Hearing (for April 5, 2012, at 5:31 p.m.) for consideration of adopting an Ordinance designating the Seal (Logo approved by the Board on August 27, 1985), which depicts the Blue Angels flying over the Gulf of Mexico, as the Official Seal of Escambia County, Florida (C/W Item 8);

D. Authorize the scheduling and advertising of a Public Hearing (for April 5, 2012, at 5:32 p.m.) for consideration of adopting an Ordinance repealing Ordinance 90-22, relating to Fortune Tellers, Clairvoyants, etc. (C/W Item 9); and

E. Authorize the scheduling and advertising of a Public Hearing (for April 5, 2012, at 5:33 p.m.) for consideration of adopting an Ordinance amending the Santa Rosa Island Non Ad Valorem Special Assessment Ordinance (Part I, Chapter 46, Section 46-214, of the Escambia County Code of Ordinances), providing for the authority to waive penalties and interest accrued on delinquent annual assessments (C/W Item 10).

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.

2234

Recommendation Concerning Acceptance of Reports Prepared by the Clerk of the Circuit Court & Comptroller's Finance Department

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

A. Payroll Expenditure for Pay Date March 2, 2012, in the amount of $2,061,852.30;

B. The following two Disbursement of Funds:

(1) February 23, 2012, to February 29, 2012, in the amount of $2,303,597.12; and

(2) March 1, 2012, to March 7, 2012, in the amount of $13,021,672.17;

C. Tourist Development Tax Collections Data for the January 2012 returns received in the month of February 2012; this is the fifth month of collection in Fiscal Year 2012, and the total collected for the month of January 2012 was $267,790, which is a 4.46% increase over collections during January 2011; budgeted revenues for the first five months, or 41.67%, of the Fiscal Year, are $2,264,063, while actual Fiscal Year-to-Date collections are $1,741,424;

D. Investment Report for the month ended February 29, 2012; and
(BACKUP TO BE DISTRIBUTED UNDER SEPARATE COVER)

E. Two Budget Comparison Reports as of February 29, 2012.
(BACKUP TO BE DISTRIBUTED UNDER SEPARATE COVER)

2.

2244

Recommendation Concerning Comprehensive Annual Financial Report Prepared by the Clerk of the Circuit Court & Comptroller's Finance Department

That the Board accept, for filing with the Board's Minutes, the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 2011, as prepared by the Finance Department of the Clerk of the Circuit Court and Comptroller's Office, and audited by Warren Averett O'Sullivan Creel Division, Certified Public Accountants and Consultants.

3.

2242

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 four documents provided to the Clerk to the Board's Office:

A. The recorded Escambia County Community Redevelopment Agency Commercial Facade, Landscape, and Infrastructure Grant Program Lien Agreement for Eugene S. Kerr, for property located at 1002 North Navy Boulevard, as approved by the Board on June 16, 2011, and recorded in Official Records Book 6822, Pages 1900 and 1901, on February 23, 2012;

B. The recorded Escambia County Community Redevelopment Agency Residential Rehab Grant Program Lien Agreement for Debra Russell, for property located at 2324 West Avery Street, as approved by the Board on July 21, 2011, and recorded in Official Records Book 6822, Pages 1902 and 1903, on February 23, 2012;

C. The replacement Lake Stone Campground Rules and Regulations - Section I, Part D.3.D, of the Board's Policy Manual, which was erroneously entitled Part D.3.C when the Policy was adopted by the Board on July 19, 2007, as provided to the Clerk to the Board's Office on February 21, 2012, via email; and

D. The Escambia County Health Facilities Authority, Pensacola, Florida, Financial Statements, September 30, 2011 and 2010, as provided by Paula G. Drummond, Executive Director/Counsel, Health Facilities Authority, and received in the Clerk to the Board's Office on March 2, 2012.

4.

2243

Recommendation Concerning Minutes and Reports Prepared by the Clerk to the Board's Office

That the Board take the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office:

A. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held March 1, 2012; and

B. Approve the Minutes of the Regular Board Meeting held March 1, 2012.

GROWTH MANAGEMENT REPORT

I. Action Item

1.

2178

Recommendation Concerning Final Plat Bridlewood Permit #06090161

That the Board take the following actions concerning the recording of the Final Plat of Bridlewood, (a 122 lot single family residential subdivision), located in the Beulah Community on Mobile Highway. Owned and developed by Mobile Highway Pensacola, LLC. and Advantage Homes, Inc. 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;

A. Approve the final plat for recording;

B. Approve the street names “Steeplechase Boulevard, Blackhorse Circle, Single Trace and Paddock Way”;

C. Accept all public easements, drainage improvements within public easements/public parcels, as depicted upon the final plat for permanent County maintenance subject to the transfer of the stormwater system to operation and maintenance phase through the water management district. The cost of maintenance for drainage improvements are to be funded through the establishment of a stormwater management MSBU (Municipal Services Benefit Unit); and

D. Authorize the Chairman or Vice-Chairman to execute a Two Year Warranty Agreement without Surety.

COUNTY ADMINISTRATOR'S REPORT

I. Technical/Public Service Consent Agenda

1.

2216

Recommendation Concerning the Policy for Disposition of County Surplus Property - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the revised Procedures for Disposition of County Property Policy, Section II, Part B.1, of the Board of County Commissioners Policy Manual, to allow for the centralization of the processes to maximize efficiency and to increase the return to the County.

2.

2227

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.

3.

2241

Recommendation Concerning the Request for Disposition of Property for the Development Services Department - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board approve the Request for Disposition of Property Form for the Development Services Department, Planning and Zoning Division, for property which is described and listed on the Form for the reason stated, with the item to be disposed of as indicated.

4.

2252

Recommendation Concerning Limited Waiver of the Escambia County Noise Abatement Ordinance for an Outdoor Wedding Reception to be Held at the Pensacola Country Club - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board review and approve the “Special Event Permit Application” for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance, extending the time from 7:00 p.m., to 11:00 p.m., for an outdoor wedding reception, to be held at the Pensacola Country Club on Saturday, May 12, 2012.

5.

2253

Recommendation Concerning Limited Waiver of the Escambia County Noise Abatement Ordinance for the SRIA Bonfire Jam Beach Concert to be held at the Casino Beach Boardwalk - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board review and approve the “Special Event Permit Application” for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance, extending the time to 11:30 p.m., for the outdoor Bonfire Jam Beach Concert, sponsored by the Santa Rosa Island Authority (SRIA) and the Joe Lewis Co., at the Casino Beach Boardwalk on Saturday, May 12, 2012, from 11:30 a.m., to 11:30 p.m.

6.

2249

Recommendation Concerning a Request for Disposition of Property for the Public Works Department - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the Request for Disposition of Property Form, indicating three items to be properly disposed of, which are described and listed on the Request Form, with reasons for disposition stated.

The surplus property listed on the Request for Disposition of Property Form has been checked and declared surplus, to be sold or disposed of as listed on the supporting documentation. The Request Form has been signed by all applicable authorities, including the Division Manager as designee for the Department Director, and the County Administrator.

II. Budget/Finance Consent Agenda

1.

2245

Recommendation Concerning Supplemental Budget Amendment #092 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #092, Local Option Sales Tax III Fund (352) in the amount of $499,915, to recognize proceeds from a Florida Department of Transportation (FDOT) Local Agency Program Agreement (LAP), and to appropriate these funds for the design of roadway improvements on State Road 10 (Nine Mile Road).

2.

2251

Recommendation Concerning Supplemental Budget Amendment #093 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #093, Other Grants and Projects Fund (110) in the amount of $5,850, to recognize proceeds from a State of Florida, Division of Emergency Management (FDEM) Grant Agreement, and to appropriate these funds for the Citizen Corps Project.

3.

2223

Recommendation Concerning Rescinding the Board's Action of January 19, 2012, and Conveying the Real Property Located at 205 East Hatton Street to Pensacola Habitat for Humanity, Inc. - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the surplus and sale of real property located at 205 East Hatton Street:

A. Rescind the Board’s action of January 19, 2012, taking the following action concerning the surplus and sale of real property located at 205 East Hatton Street that has escheated to the County:

1. Declaring surplus the Board’s real property, Account Number 13-4067-100, Reference Number 00-0S-00-9020-010-122;

2. Authorizing the sale of the property to the bidder with the highest offer received at or above the minimum bid of $3,979, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

3. Authorizing the Chairman to sign all documents related to the sale;

B. Declare surplus the Board’s real property located 205 East Hatton Street, Account Number 13-4067-100, Reference Number 00-0S-00-9020-010-122;

C. Adopt the Resolution authorizing the conveyance of real property to Pensacola Habitat for Humanity, Inc.;

D. Approve the sale price of $3,979 for the 205 East Hatton Street property;

E. Acknowledge that Pensacola Habitat for Humanity, Inc.’s, design/structure shall be subject to architectural review and approval by Escambia County;

F. Allow Pensacola Habitat for Humanity, Inc., up to a maximum of 120 days to close because of HUD (U.S. Department of Housing and Urban Development) approval requirements; and

G. Authorize the Chairman to execute the Resolution and all documents related to the sale.

4.

2182

Recommendation Concerning Railroad Reimbursement Agreements - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Railroad Reimbursement Agreements between the State of Florida Department of Transportation (FDOT), Alabama Gulf Coast Railway, LLC (AGCR), and Escambia County Board of County Commissioners:

A. Adopt the Resolutions authorizing execution of the Agreements;

B. Approve the Railroad Reimbursement Agreements for the installation and future maintenance of the following 20 AGCR automatic grade crossing signals; and

Road Name	Crossing #	FPN #	Annual Maintenance (County's Portion)

9 1/2 Mile Road	663243H	42931115701	$1,701
Andrews Street	663341Y	42931115701	$1,701
Archer Road	663233C	42931115701	$1,701
Bobe Street	663261F	42931115701	$1,701
County Road 97	663223W	42931125701	$1,701
County Road 99	663217T	42931115701	$1,701
Detroit Boulevard	663246D	42931125701	$1,701
Diamond Dairy Road	663252G	42931115701	$1,701
Hannah Street	663245W	42931115701	$1,701
Hope Drive	663248S	42931115701	$1,701
Jackson Street	663263U	42931125701	$1,701
Lewis Street	663227Y	42931125701	$1,701
Market Street	663340S	42931115701	$1,701
Meadows Road	663200P	42931115701	$1,701
North “S” Street	663342F	42931115701	$1,701
North “W” Street	663266P	42930915701	$1,701
Pinestead Road	663253N	42931115701	$1,701
Tate Road	663232V	42931115701	$1,701
Tate School Road	663234J	42931115701	$1,701
Ten Mile Road	663242B	42931125701	$1,701

C. Authorize the Chairman to sign/initial the Agreements and Resolutions as required.

[Funding: Fund 175, Transportation Trust Fund, Account 211201/54601]

The State of Florida Department of Transportation (FDOT) is responsible for railway safety at all public crossings throughout the state of Florida. FDOT will fund the improvements to be performed by AGCR as stated in the Agreement. The Agreements further state that Escambia County and AGCR will equally share the annual maintenance costs associated with the grade crossing signals. This is a standard Agreement FDOT uses for all railroad crossing controls on County roads to document the responsibilities for the railroad company, County, and FDOT.

This Agreement supersedes a similar agreement between FDOT, AGCR, and Escambia County. Both Agreements base the annual maintenance cost on a Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices that is reviewed every five years and is adjusted as appropriate by FDOT based on the Consumer Price Index.

5.

2202

Recommendation Concerning SR 10 (U.S. 90/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (U.S. 29) - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning SR (State Road) 10 (U.S. 90/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (US 29):

A. Approve the Local Agency Program Agreement (LAP) between the State of Florida Department of Transportation and Escambia County, Financial Project Number 218605-2-38-02, in the amount of $499,915, for the SR 10 (U.S. 90/Nine Mile Road) Roadway Improvement Project;

B. Adopt the Resolution authorizing the Chairman to sign the LAP between the State of Florida Department of Transportation and Escambia County;

C. Authorize the Chairman to sign the Agreement and the Resolution and any subsequent documents relating to the LAP; and

D. Approve and authorize the County Administrator to execute the following Change Order:

Department:	Public Works
Division:	Infrastructure Branch/Engineering Division
Type:	Addition
Amount:	$1,514,037.15
Vendor:	Dyer, Riddle, Mills & Precourt, Inc. (DRMP)
Project Name:	SR 10 (U.S. 90/Nine Mile Road) from SR 297 (Pine Forest Road) to SR 95 (U.S. 29)
Contract:	PD 08-09.100, "Project Development and Environmental (PD&E) Update and Re-evaluation for SR 10 (U.S. 90/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (U.S. 29)"
PO No.:	100744
CO No.:	2
Original Award Amount:	$ 650,000.00
Cumulative Amount of Change Orders through this CO:	$1,514,037.15
New Contract Total:	$2,164,037.15

The Local Agency Program Agreement (LAP) developed by the Florida Department of Transportation (FDOT) specifies that a Resolution be adopted authorizing the Chairman to sign the Agreement. FDOT and Escambia County have identified the need for roadway improvements on SR 10 (U.S. 90/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (U.S. 29). Escambia County agrees to provide a portion of the design cost and FDOT agrees to provide a portion of the design cost under the LAP and a TRIP Agreement, previously approved by the Board on March 19, 2009. The design cost for this project is $1,514,037.15; the County's portion is $364,122.15, and FDOT's portion is $1,149,915 ($650,000 for the TRIP funding and $499,915 for the LAP funding). The County will be required to provide design plans to FDOT for review and coordination. The LAP Agreement between the County and FDOT requires that the design be completed by June 30, 2014.

Meeting in regular session on November 5, 2009, the Board approved awarding a Contract to Dyer, Riddle, Mills & Precourt, Inc. (DRMP), on Contract PD 08-09.100, "SR 10 (U.S. 90/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (U.S. 29)". The PD&E Phase of this project required re-evaluation and engineering services necessary to determine if there was a need to modify the project and to evaluate changes in impact, including consideration of all social, economic, environmental effects, and mitigation required by the Federal Highway Administration (FHWA). At the conclusion of the PD&E Phase, the Contract stated that the Consultant shall prepare the scope of services for the Design Phase. This Change Order, Design Phase, will provide final design plans, including all necessary surveys, investigations, and coordination for the project design. The fees for the Design Phase were negotiated in accordance with the terms detailed in this Contract, Section 5, Method of Compensation, at compensation determined to be fair, competitive and reasonable, considering the scope and complexity of the project and consistent with TRIP and LAP funds. A complete Design Scope of Services, dated February 1, 2012, is attached.

Change Order 1 was for time only.

[Funding Source: Fund 352, "LOST III", Cost Center 210107, Object Code 56301, Project #08EN0165, $364,122.15; Fund 352 "LOST III", Cost Center to be determined, $499,915; and Fund 110 "Other Grants and Projects", Cost Center 210513, Object Code 56301, $650,000]

6.

2211

Recommendation Concerning Change Order to Hatch Mott MacDonald Florida, LLC, on Contract PD 02-03.79 "Continuing Bridge Engineering and Inspection Services for 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:

Department:	Public Works
Division:	Engineering/Infrastructure Division
Type:	Addition
Amount:	$40,000.00
Vendor:	Hatch Mott MacDonald Florida, LLC
Project Name:	Continuing Bridge Engineering and Inspection Services
Contract:	PD 02-03.79 "Continuing Bridge Engineering and Inspection Services for Escambia County"
PO No.:	111419
CO No.:	2
Original Award Amount:	$45,000.00
Cumulative Amount of Change Orders through this CO:	$40,000.00
New Contract Total:	$85,000.00