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AGENDA
Board of County Commissioners
Regular Meeting – October 4, 2012 – 5:30 p.m.
Governmental Complex – 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 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 Robertson.
 
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. 3298   Proclamations.

Recommendation: That the Board take the following action concerning the adoption/ratification of the following three Proclamations:

A. Adopt the Proclamation proclaiming the month of October 2012 as "Community Planning Month" in Escambia County, Florida, in conjunction with the Celebration of "National Community Planning Month";

B. Ratify the Proclamation dated September 17, 2012, joining the Englewood Neighborhood Improvement Group, Inc., in recognizing and commending Mrs. Ethel Curry Lindsey for her 45 years of service to the Englewood Neighborhood Improvement Group, Inc., and the citizens of Escambia County; and

C. Ratify the Proclamation dated September 26, 2012, proclaiming the month of October 2012 as "National Disabilities Awareness Month" in Escambia County and calling upon the citizens of Escambia County to observe this month with appropriate programs, activities, and ceremonies supporting this occasion.
 
7. 3275   Retirement Proclamations.

Recommendation: That the Board adopt the following three Retirement Proclamations:

A. The Proclamation commending and congratulating John Crumel, Corrections Officer, Corrections Department, on his retirement after 23 years of service;

B. The Proclamation commending and congratulating Abraham Logan, Maintenance Technician, Facilities Management Department, on his retirement after 33 years of service; and

C. The Proclamation commending and congratulating Anna R. Miller, Senior Building Code Enforcement Official, Development Services Department, on her retirement after 18 years of service.
 
8. 3255   Years of Service Recognition.

Recommendation: That the Board take the following action concerning years of service recognition:

A. Recognize, with a pin and certificate, Connie A. Oliver, Public Works Department, Administration Division, for her dedication in 35 years of service to Escambia County; and

B. Recognize, with a pin and certificate, Robin F. Lambert, Public Works Department, Administration Division, for her dedication in 35 years of service to Escambia County.
 
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. 3229   5:31 p.m. Public Hearing for consideration of the Petition to Vacate a portion of St. Benedict Avenue, as petitioned by Pensacola Christian College, Inc.

Recommendation: That the Board take the following action concerning the Petition to Vacate a portion of St. Benedict Avenue (approximately 0.51 acre), as petitioned by Pensacola Christian College, Inc.:

A. Approve the Petition to Vacate a portion of St. Benedict Avenue (approximately 0.51 acre), as petitioned by Pensacola Christian College, 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.

Pensacola Christian College Inc., (PCC) owns all of the property abutting both sides of the portion of St. Benedict Avenue lying south of Airport Boulevard (formerly Kilbee Lane) and west of Interstate 110 Ramp. The portion of St. Benedict Avenue requested to be vacated is a partially paved road, which did receive some County maintenance in the past. The County has no deeded or dedicated right-of-way on this portion of St. Benedict Avenue. PCC is requesting that the Board vacate any interest the County may have in that portion of St. Benedict Avenue (approximately 0.51 acre) which lies south of Airport Boulevard. Staff has made no representations to the Petitioner or the Petitioner's agent that Board approval of this request operates to confirm the vesting or return of title to the land to the Petitioner or to any other interested party.
 
11. 3234   5:32 p.m. Public Hearing concerning the ECAT Disadvantaged Business Enterprise Fiscal Year 2013 Goal.

Recommendation: That the Board take the following action concerning the Escambia County Area Transit (ECAT) Disadvantaged Business Enterprise (DBE) Fiscal Year 2013 Goal:

A. Conduct the Public Hearing;

B. Approve the DBE Fiscal Year 2013 Goal of five percent of procurements; and

C. Authorize ECAT to submit the Fiscal Year 2013 Goal to the U.S. Department of Transportation upon expiration of the 45-day comment period (November 8, 2012).

U.S. Code 49, Code of Federal Regulations (CFR) Parts 23 and 26, require the establishment of an ECAT DBE Program to remedy past and current discrimination against disadvantaged business enterprises, ensure a level playing field, and foster equal opportunity in U.S. Department of Transportation assisted contracts. Essential requirements of the DBE program include the establishment of an annual goal and public participation in the process. This goal applies only to federally-assisted ECAT procurements.

[Funding: Federally assisted ECAT procurements covered by this policy are funded through Fund 104, Mass Transit Operating Fund and Fund 320, Federal Transit Administration (FTA) Capital Projects Fund. These projects are included in the proposed Fiscal Year 2013 Budget and the Program of Projects for Fiscal Year 2013 Federal Grant application. No penalties will occur if this goal is not met.]
 
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. 3290   Recommendation Concerning Acceptance of Reports Prepared by the Clerk of the Circuit Court and Comptroller's Finance Department

That the Board accept, for filing with the Board's Minutes, the following five Reports prepared by the Clerk of the Circuit Court and Comptroller's Finance Department:

A. The following two Payroll Expenditures:

(1) Pay Date September 14, 2012, in the amount of $2,086,814.79; and

(2) Pay Date September 28, 2012, in the amount of $2,190,900.10; and

B. The following three Disbursement of Funds:

(1) September 6, 2012, to September 12, 2012, in the amount of $4,594,454.69;

(2) September 13, 2012, to September 19, 2012, in the amount of $3,432,306.25; and

(3) September 20, 2012, to September 26, 2012, in the amount of $234,709.13.
 
2. 3292   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 Escambia/Pensacola SHIP Program Annual Report (July 1, 2011 - June 30, 2012), as executed by the County Administrator on August 29, 2012, based on the Board's April 8, 2010, adoption of the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan, and received in the Clerk to the Board's Office on September 11, 2012;

B. Amendment #2 Interlocal Agreement CDBG Disaster Recovery (2008 Storms) between the County and Emerald Coast Utilities Authority, as executed by the Chairman on September 17, 2012, based on the Board's action of September 1, 2011, approving Amendment #1 to the Interlocal Agreement for CDBG Disaster Recovery Enhancement Funds for the Lakewood Sanitary Sewer Improvements Project and authorizing the Chairman or Vice Chairman to execute the Amendment and all related documents as required to implement the Project, as received in the Clerk to the Board's Office on September 17, 2012; and

C. A copy of the Oath of Office for Escambia County Health Facilities Authority Member Michael S. Kohler, for a term commencing August 22, 2012, to August 21, 2016, which was filed with the Florida Department of State, Division of Elections, on September 14, 2012, as received in the Clerk to the Board's Office on September 17, 2012.
 
3. 3294   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 Second Public Hearing - Fiscal Year 2012-2013 County-wide Budget held September 25, 2012;

B. Approve the Minutes of the Regular Board Meeting held September 17, 2012;

C. Approve the Minutes of the Attorney-Client Session held September 17, 2012;

D. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held September 17, 2012; and

E. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held September 13, 2012.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearings
 
1. 3231   Recommendation Concerning the Review of the Rezoning Case(s) heard by the Planning Board on September 10, 2012

That the Board take the following action concerning the rezoning cases heard by the Planning Board on September 10, 2012:
  1. Review and either adopt, modify, overturn or remand the Planning Board’s recommendations for Rezoning Cases Z-2012-09, Z-2012-18, Z-2012-19, Z-2012-20, and Z-2012-21, or remand the cases back to the Planning Board; and
  2. 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-2012-09
Address: 2006 Border St
Property Reference No.: 16-2S-30-2300-001-023
Property Size: 2.23 (+/-) acres
From: R-5, Urban Residential/Limited Office District, (cumulative) High Density
ID-1, Light Industrial District (cumulative) ( no residential uses allowed)
To: ID-1, Light Industrial District (cumulative) ( no residential uses allowed)
FLU Category: MU-U, Mixed Use Urban
Commissioner District: 3
Requested by: Wiley C. "Buddy" Page, Agent for Rick Evans, Owner
Planning Board Recommendation: Denial
Speakers: Buddy Page, Bob Kerrigan, Earl Rhodes
2. Case No.: Z-2012-18
Address: 1011 Perdido Rd
Property Reference No.: 09-1N-31-1000-331-003
Property Size: 1 (+/-) acres
From: VR-1, Villages Rural Residential District (one unit per 4 acres)
To: VR-2, Villages Rural Residential District (one unit per .75 acres)
FLU Category: MU-S, Mixed Use Suburban
Commissioner District: 5
Requested by: David Crowder, Owner
Planning Board Recommendation: Approval
Speakers: David Crowder
3. Case No.: Z-2012-19
Address: 5603 N. W St
Property Reference No.: 44-1S-30-1105-000-001
Property Size: 1.1 (+/-) acres
From: R-6, Neighborhood Commercial and Residential District, (cumulative) High Density
ID-1, Light Industrial District (cumulative) (no residential uses allowed)
To: ID-1, Light Industrial District (cumulative) (no residential uses allowed)
FLU Category: C, Commercial
Commissioner District: 3
Requested by: Larry Richardson, Agent for Gerald W. Adcox, Owner
Planning Board Recommendation: Approval
Speakers: Larry Richardson
4. Case No.: Z-2012-20
Address: 120 Cummings Rd, 100 Oleander St.
107 Oleander St, 111 Oleander St, 115 Oleander St
Property Reference No.: 35-1S-30-9000-000-015, 35-1S-30-9002-003-005,
35-1S-30-9002-006-005, 35-1S-30-9002-009-005,
35-1S-30-9002-004-005
Property Size: 3.7 (+/-) acres
From: R-2, Single Family District (cumulative), Low-Medium Density (7 du/acre)
To: R-4, Multiple-Family District (cumulative), Medium-High Density (18 du/acre)
FLU Category: MU-U, Mixed Use Urban
Commissioner District: 3
Requested by: Jesse W. Rigby, Agent for Pensacola Christian College
Planning Board Recommendation: Approval
Speakers: Jesse Rigby, Ken Horne, Ms. Middleton
5. Case No.: Z-2012-21
Address: 4100 W Fairfield Dr
Property Reference No.: 15-2S-30-6200-090-005
Property Size: .33 (+/-) acres
From: R-2, Residential District (cumulative)
C-1, Retail Commercial District (cumulative)
To: C-1, Retail Commercial District (cumulative)
FLU Category: C, Commercial
Commissioner District: 2
Requested by: Oanh Tran, Agent for Raymond Ayers, Owner
Planning Board Recommendation: Approval
Speakers: Oanh Tran
 
2. 3232   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 September 10, 2012, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 3191   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Articles 2 Administration

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending part III of the Escambia County Code of Ordinances (1999), the Land Development Code, as amended; Amending Article 2, Section 2.02.04., and Article 2, Section 2.04.00. of the Land Development Code by divesting the Escambia County Board of Adjustment of jurisdiction over appeals of administrative decisions regarding building permits issued by the Escambia County building inspections department.
 
  II. Consent Agenda
 
1. 3269   Recommendation Concerning the Scheduling of Public Hearings

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

Thursday November 1, 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 October 8, 2012.


1. Case No.: Z-2012-22
Address: 1610 N "Q" St
Property Reference No.: 17-2S-30-1300-002-007
Property Size: 1.41(+/-) acres
From: R-2 Single-Family District (Cumulative), Low-Medium Density (7du/acre) & R-3 One-Family and Two-Family District, (Cumulative) Medium Density (10du/acre)
To: R-5 Urban Residential/Limited Office District, (Cumulative) High Density (20du/acre).
FLU Category: MU-U, Mixed-Use Urban
Commissioner District 3
Requested by: Jimmie Black, Agent for New Birth Baptist Church
2. Case No.: Z-2012-23
Address: 1926 Creighton Rd
Property Reference No.: 31-1S-30-1901-200-002
Property Size: 3.28(+/-) acres
From: R-2, Single Family District (cumulative) Low-Medium Density/C-1 Retail Commercial District (cumulative)
To: C-1, Retail Commercial District (cumulative)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 4
Requested by: Michael Russo, Agent for Edna Munro, Owner
3. Case No.: Z-2012-24
Address: 1100 Conference Rd
Property Reference No.: 10-1N-30-4001-000-000
Property Size: 46.10 (+/-) acres
From: VAG-2,Villages Agriculture District
To: V-2, Villages Single Family Residential - Gross Density (two units per acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 5
Requested by: Wiley C. "Buddy" Page, Agent for Warren & Kathleen Brown, Owner
4. Case No.: Z-2012-25
Address: 617 70th Ave and 7008 W. Jackson St
Property Reference No: 11-2S-31-5410-000-000; 11-2S-31-5410-001-001
Property Size: .53(+/-) acres
From: R-2, Single Family Residential
To: C2NA, General Commercial and Light Manufacturing District (cumulative); no sale of alcohol allowed
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 1
Requested by: Freddy Powell, Owner

B. 5:46 p.m. - A Public Hearing - Small Scale Comprehensive Plan Amendment SSA-2012-03

C. 5:47 p.m. - A Public Hearing - Administrative Appeals
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 3268   Recommendation Concerning a Memorandum of Understanding with the Escambia County 4-H Foundation, Inc., for a Camp Caretaker (Maintenance Worker) Position for Fiscal Year 2012-2013 - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the Memorandum of Understanding (MOU) between the Escambia County Board of Commissioners and the Escambia County 4-H Foundation, Inc.:

A. Approve the MOU that will provide for the Escambia County 4-H Foundation, Inc., to fund a part-time Camp Caretaker (Maintenance Worker) position at the Langley Bell 4-H Center, as a Grant-funded position for Fiscal Year 2012-2013; and

B. Authorize the Chairman to sign the MOU.
 
2. 3230   Recommendation Concerning the Conveyance of Two Parcels of Property to the Florida Department of Transportation for the Interstate 10 Improvement Project – Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of two parcels of property (Parcel 1 consisting of approximately 0.684 acres and Parcel 2 consisting of approximately 1,600 square feet) to the State of Florida, Department of Transportation (FDOT) for their planned improvement project for the portion of Interstate 10 (I-10) between Davis Highway and Scenic Highway:

A. Adopt the Resolution authorizing the conveyance of two parcels of property (Parcel 1 consisting of approximately 0.684 acres and Parcel 2 consisting of approximately 1,600 square feet) to FDOT for their planned improvement project for the portion of I-10 between Davis Highway and Scenic Highway; and

B. Authorize the Chairman to execute the Deed, the Resolution, and all other documents related to the transfer without further action of the Board.

FDOT has designed a project to make improvements to the portion of I-10 between Davis Highway and Scenic Highway. The project includes adding lanes and upgrading the related stormwater drainage systems. Design indicates the need for additional properties along I-10 to facilitate these improvements. Therefore, FDOT is requesting that the County convey the two referenced parcels to FDOT. Staff has reviewed this request and has no objection to the conveyance of these parcels.
 
3. 3215   Recommendation Concerning the Community Center License and Management Agreement for the Molino Community Center & Historical Museum - Marilyn D. Wesley, Community Affairs Department Director

That the Board approve and authorize the Chairman to sign the Community Center License and Management Agreement between Escambia County and the Molino Mid-County Historical Society Inc., for the Molino Community Center & Historical Museum, with an effective date of October 5, 2012.
 
4. 3239   Recommendation Concerning the Scheduling of a Public Hearing for Re-budgeting Ongoing Grant and Project Funding - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing on October 18, 2012, at 5:31 p.m., concerning re-budgeting ongoing Grant and project funding that will amend the Fiscal Year 2012/2013 Budget and appropriate these funds for those related ongoing Grants and projects.
 
5. 3272   Recommendation Concerning the Request for Disposition of Surplus Property for the Office of Purchasing - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the request for disposition of property for the Office of Purchasing for two items of obsolete equipment, which are Property Number 54178, H.P. Business Ink Jet 2800 Color Printer, and Property Number 50939, Ricoh Imaging System. The items are to be disposed according to procedures for disposition of property.
 
6. 3296   Recommendation Concerning Out-of-County Travel - Charles R. "Randy" Oliver, County Administrator

That the Board authorize out-of-County travel for the following:

A. Any representative of the Commission, the County Administrator, and/or the County Attorney wishing to participate in the conference/events, as noted on the 2012/2013 Annual Travel/Conference Schedule;

B. Commissioners participating in the Florida Association of Counties' Certified County Commissioner and Advanced Certified County Commissioner Programs; and

C. Commissioner Gene M. Valentino and Commissioner Grover C. Robinson, IV, who are required to attend various meetings with the Florida Association of Counties' Board of Directors.
 
7. 3297   Recommendation Concerning Ratifying Out-of-County Travel - Charles R. "Randy" Oliver, County Administrator

That the Board ratify out-of-County travel for Commissioner Gene M. Valentino, who attended a meeting with Transportation Secretary Ray LaHood in Mobile, Alabama, on Tuesday, September 18, 2012.
 
8. 3256   Recommendation Concerning the Scheduling of a Public Hearing Regarding the Fiscal Year 2012/2013 Federal Transit Administration 5307 Grant Application by ECAT for Mass Transit Project Funding - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the scheduling of a Public Hearing for October 18, 2012, at 5:32 p.m., for the purpose of receiving public comments concerning the Fiscal Year 2012/2013 Federal Transit Administration 5307 Grant Application by Escambia County Area Transit (ECAT) for Mass Transit Project Funding.

Federal Transit Administration (FTA) guidelines require that all applications for financial assistance from FTA be submitted after a Public Hearing is held for the purpose of receiving comments from the public concerning the Grant Program of Projects. Also, effective January 1, 1998, Grant applications, execution, and Grant administration progress reports must be submitted electronically via the Transportation Electronic Award Management (TEAM) System.
 
9. 3263   Recommendation Concerning Escambia County's Representative for the Greater Pensacola Chamber of Commerce's Joint Steering Committee - Commissioner Wilson B. Robertson, District 1

That the Board approve Commissioner Gene M. Valentino as the County's representative on the Greater Pensacola Chamber of Commerce's Joint Steering Committee, as requested by Robert L. Larkin, Jr., Chairman of the Joint Steering Committee. The Joint Steering Committee is asking for a representative from Escambia County to serve in order to assist the Committee to formulate and unveil a plan with the sole purpose to drive business development for the two-county Metropolitan Statistical Area.
 
  II.  Budget/Finance Consent Agenda
 
1. 3133   Recommendation Concerning Speed Reductions - 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. Rockwood Road, from North Davis Highway to Birdwhistle Boulevard;
2. Coriander Court, from Rockwood Road to end of roadway;
3. Birdwhistle Boulevard, from Rockwood Road to Blithewood Drive;
4. Crabapple Lane, from Birdwhistle Boulevard to Sugarberry Road;
5. Blithewood Drive, from Scenic Highway to Sugarberry Road;
6. Sweetwater Drive, from Blithewood Drive to Sugarberry Road;
7. Sugarberry Road, from Sweetwater Drive to Denton Road;
8. Applegate Street, from Sugarberry Road to end of roadway;
9. River Garden Circle, from Sugarberry Road to Sugarberry Road;
10. Bayswater Drive, from River Garden Circle to end of roadway;
11. Yarrow Circle, from Sugarberry Road to end of roadway;
12. Lucida Lane, from Sugarberry Road to Yarrow Circle;
13. Moore Avenue, from Patricia Drive to Ben Sasser Drive;
14. Ben Sasser Drive, from Patricia Drive to end of roadway;
15. Bell Ridge Drive, from West Nine Mile Road to end of roadway;
16. Bell Ridge Circle, from Bell Ridge Drive to end of roadway;
17. Forest Ridge Drive, from Bell Ridge Drive to Bell Ridge Drive;
18. Forest Ridge Circle, from Forest Ridge Drive to end of roadway; and
19. Bell Ridge Trail, from Forest Ridge Drive 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, Object Code 53401 for Sign Installations]
 
2. 3233   Recommendation Concerning Approval to Issue Fiscal Year 2012-2013 Purchase Orders in Excess of $50,000 for the Public Works Department - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the issuance of blanket and/or individual Purchase Orders in excess of $50,000, for the Fiscal Year 2012-2013, based upon previously awarded Contracts, Contractual Agreements, or annual requirements, as provided, for the Public Works Department.

The issuance of these Purchase Orders during the first week of October 2012 is necessary to ensure continuity of services traditionally provided by the Board of County Commissioners to the citizens of Escambia County.
 
3. 3223   Recommendation Concerning the First Amendment to the Agreement between Escambia County and Hewes and Company, LLC, for the Wedgewood Community Center, PD 10-11.035 - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning the first Amendment to the Agreement between Escambia County and Hewes and Company, LLC (Hewes), for the Wedgewood Community Center, PD 10-11.035:

A. Approve the first Amendment to the Agreement between Escambia County and Hewes and Company, LLC, for the Wedgewood Community Center, PD 10-11.035, to revise Contract retainage provisions to stipulate that, at the County’s discretion, a portion of the sum retained from payments may be released to the Contractor prior to final completion of the Project; and

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

[Funding: Fund 351, "LOST II", Cost Center 110224, Object Code 56201, Project #09PF0023 and Fund 352, "LOST III", Cost Center 110267, Object Code 56201, Project #09PF0023]

Hewes achieved substantial completion of the Marie K. Young Wedgewood Community Center on July 24, 2012. They are completing the punch list items and anticipate reaching what would otherwise be considered final completion in September 2012. However, Hewes cannot complete the Project because of design issues recently discovered with the storm water retention pond. Some redesign of the pond and some additional construction will be required. The amount of the delay due to the pond issue is thought to be approximately 90 days.

This delay is beyond the control of the Contractor. As a result, staff believes that a portion of the retainage should be released to the Contractor. The Agreement between the County and Hewes does not allow releasing any retainage prior to final completion. This Amendment enables the County to release a portion of the retainage prior to final completion when there are issues beyond the Contractor’s control.
 
4. 3227   Recommendation Concerning Approval to Issue Fiscal Year 2012-2013 Purchase Orders in Excess of $50,000, for the Facilities Management Department - David W. Wheeler, CFM, Facilities Management Department Director

That the Board, for the Fiscal Year 2012-2013, approve the issuance of blanket and/or individual Purchase Orders in excess of $50,000, based upon previously awarded Contracts, Contractual Agreements, or annual requirements, for the Facilities Management Department, as follows:

Vendor/Contractor Amount Contract Number
A. TESI Staffing and Employee Screening Services, Inc.
Vendor Number: 200955
Temporary Labor Services
Fund: 001
Cost Center: 310202		 $90,000 PD 11-12.035
B. Engineered Cooling Services, Inc.
Vendor Number: 051168
Central Energy Plant Maintenance
Fund: 001
Cost Center: 310203		 $133,025 PD 08-09.044
C. Titan Waste Services, Inc.
Vendor Number: 201924
Solid Waste Container Services
Fund: 001
Cost Center: 310203		 $129,000 PD 07-08.040
D. American Facility Services, Inc.
Vendor Number: 012106
Contract Custodial Services for County Building
Fund: 001
Cost Center: 310202		 $652,000 PD 10-11.049
E. Bagby Elevator Company, Inc.
Vendor Number: 020380
Elevator Maintenance
Fund: 001
Cost Center: 310203		 $78,000 PD 07-08.131
 
5. 3228   Recommendation Concerning Amendment #1 to the Agreement between Escambia County and Birkshire Johnstone, LLC, for the Molino School Renovations and Restoration, Tax Collector/Property Appraiser Offices, PD 10-11.072 - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning Amendment #1 to the Agreement between Escambia County and Birkshire Johnstone, LLC, (Contractor) for the Molino School Renovations and Restoration, Tax Collector/Property Appraiser Offices, PD 10-11.072:

A. Approve Amendment #1 to the Agreement between Escambia County and Birkshire Johnstone, LLC, for the Molino School Renovations and Restoration, Tax Collector/Property Appraisers Offices, PD 10-11.072, to revise the Contract retainage provisions to stipulate that, at the County’s discretion, a portion of the sum retained from payments may be released to the Contractor prior to final completion of the Project; and

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

[Funding: Fund 352, "LOST III", Cost Center 110267, Object Code 56201, Project #08PF0045]

Birkshire Johnstone, LLC, is the general contractor awarded the Contract to convert the Old Molino Elementary School into a library, community center, and a museum, and to construct the new building adjacent to the school to house the offices of the Tax Collector and the Property Appraiser. The Tax Collector/Property Appraiser (TC/PA) building was deemed to be at substantial completion on June 19, 2012. Birkshire Johnstone, LLC, is completing the punch list items and anticipates reaching final completion of the TC/PA building in September 2012.

Work continues on the school building conversion with substantial completion scheduled for October 2, 2012, and final completion scheduled for November 1, 2012. The Agreement between the County and the Contractor did not provide for two buildings being completed separately. As a result, by Contract, retainage cannot be released for the TC/PA building until the conversion reaches final completion.

The Contractor is requesting a portion of the retainage related to only the TC/PA building be released. Staff considers this to be a reasonable request, in that the Contractor will have met his obligations at final completion and considers it to be a situation beyond the Contractor’s control.
 
6. 3241   Recommendation Concerning the 2012/2013 Fiscal Year Rural Elderly Assistance Program Agreement with the Council on Aging of West Florida, Inc. - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the 2012/2013 Fiscal Year Rural Elderly Assistance Program (REAP) Agreement with the Council on Aging of West Florida, Inc. (COA):

A. Approve the Agreement with the Council on Aging of West Florida, Inc., in the amount of $47,000, for continuation of the Rural Elderly Assistance Program for the 2012/2013 Fiscal Year; and

B. Authorize the Chairman or Vice Chairman to execute the Agreement and related documents necessary to implement the project.

[Funding: Fund 129/CDBG, Cost Center to be assigned]
 
7. 3242   Recommendation Concerning Approval of the 2012/2013 Fair Housing Services Agreement with the Escambia-Pensacola Human Relations Commission - Keith Wilkins, REP, Community & Environment Department Director

That the Board take the following action concerning the 2012/2013 Fair Housing Services Agreement with the Escambia-Pensacola Human Relations Commission:

A. Approve the 2012/2013 Community Development Block Grant (CDBG) funded Fair Housing Services Agreement with the Escambia-Pensacola Human Relations Commission (HRC), providing a total of $18,500 for the 2012/2013 Fiscal Year; and

B. Authorize the Chairman or Vice Chairman to execute the Agreement and all documents required to implement the Agreement.

[Funding: Fund 129/CDBG, Cost Center to be assigned]
 
8. 3210   Recommendation Concerning the Special Service Arrangement Agreement with BellSouth Telecommunications, Inc., d/b/a AT&T Florida – Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Special Service Arrangement Agreement between BellSouth Telecommunications, Inc., d/b/a, AT&T Florida (AT&T) and Escambia County Board of County Commissioners, effective October 1, 2012:

A. Approve the Special Service Arrangement Agreement (Case Number FL-12-3419-01) for support and maintenance of the County’s E-911 system equipment and software, including virus protection, at three Public Safety Answering Points (PSAP), at a cost of $211,360, for Fiscal Year 2012/2013;

B. Authorize the Chairman to sign the Agreement and any subsequent related documents, pending Legal review and approval, without further action of the Board; and

C. Authorize issuance of Purchase Order(s) to AT&T for this purpose.

[Funding Source: Fund 145, E911 Operations Fund, Cost Center 330404, E-911 Communications]
 
9. 3246   Recommendation Concerning the Agreement Relating to Additional Fire Rescue Personnel to Provide Emergency Medical Services for the Duration of 2012 DeLuna Fest - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Agreement Relating to Fire Rescue Services with Five Flags Tourism Group, LLC, for the provision of emergency medical services by the Escambia County Fire Rescue Division for the duration of DeLuna Fest, September 21-23, 2012, for the total amount of $9,101.57:

A. Ratify the Agreement Relating to Additional Fire Rescue Personnel with Five Flags Tourism Group, LLC, for the provision of emergency medical services by the Escambia County Fire Rescue Division for the duration of DeLuna Fest, September 21-23, 2012, for the total amount of $9,101.57; and

B. Authorize the Chairman to sign the Agreement.

[The total amount shall be credited to Fund 143, Fire Protection Fund]
 
10. 3280   Recommendation Concerning Approval to Issue Fiscal Year 2012-2013 Purchase Orders in Excess of $50,000, for the Human Resources Department - Ron Sorrells, Human Resources Department Director

That the Board approve the issuance of blanket and/or individual Purchase Orders in excess of $50,000, for Fiscal Year 2012-2013, based upon previously awarded or approved annual requirement Contracts or Contractual Agreements, as provided.
 
11. 3287   Recommendation Concerning the Renewal of the Humana Specialty Benefits Vision Care Contract - Ron Sorrells, Human Resources Department Director

That the Board take the following action concerning the renewal of the Humana Specialty Benefits Vision Care Contract:

A. Approve a two-year extension with Humana Specialty Benefits Vision Care at the current rate until September
30, 2014; and

B. Authorize the County Administrator to sign the Humana Annual Vision Renewal Information letter.
 
12. 3226   Recommendation Concerning Approval to Issue Fiscal Year 2012-2013 Purchase Orders in Excess of $50,000, for the Solid Waste Management Department - Patrick T. Johnson, Solid Waste Management Department Director

That the Board approve the issuance of blanket and/or individual Purchase Orders in excess of $50,000, for the Fiscal Year 2012-2013, based upon previously awarded Contracts, Contractual Agreements, or annual requirements, as provided, for the Solid Waste Management Department.
 
13. 3283   Recommendation Concerning the Addition to Escambia County Animal Shelter, PD 11-12.055 – Amy Lovoy, Management and Budget Services Department Director

That the Board award a Lump Sum Contract, PD 11-12.055, “Addition to Escambia County Animal Shelter”, to R. D. Ward Construction Company, Inc., for the total amount of $255,050, for the Base Bid plus additive Alternate 1.

[Funding: Fund 352, LOST III, Cost Center 330435, Object Code 56201, Project Number 12CA1823]
 
14. 3285   Recommendation Concerning M.C. Blanchard Judicial Center Elevator Modernization, PD 11-12.056 – Amy Lovoy, Management and Budget Services Department Director

That the Board award a Lump Sum Contract, PD 11-12.056, “M.C. Blanchard Judicial Center Elevator Modernization”, to Birkshire Johnstone, LLC, for the total amount of $259,900, for the Base Bid plus additive Alternate 1.

[Funding: Fund 352, LOST III, Cost Center 410149, Object Code 56301, Project Number 12JS1882]
 
15. 3279   Recommendation Concerning Television Production Equipment Services, PD 11-12.045 - Amy Lovoy, Management and Budget Services Department Director

That the Board award and authorize the Chairman to sign the Agreement for Television Production Equipment Services, PD 11-12.045, to General Projection Systems, Inc., for the total amount of $456,128.97.

[Funding: Fund 352, Local Option Sales Tax III, Cost Center 110267, Object Code 12PF2032]
 
16. 3295   Recommendation Concerning the Grand Opening of the Molino Community Center - Charles R. "Randy" Oliver, County Administrator

That the Board approve $1,500 to provide refreshments for the Grand Opening of the Molino Community Center on October 17, 2012.
 
17. 3293   Recommendation Concerning the Grant-In-Aid Agreement for Adult Post-Adjudicatory Drug Court Expansion in Escambia County, Florida - Catherine A. White, Drug Court Manager

That the Board take the following action concerning the Grant-In-Aid Agreement for Adult Post-Adjudicatory Drug Court Expansion in Escambia County, Florida:

A. Approve the Grant-In-Aid Agreement for Adult Post-Adjudicatory Drug Court Expansion in Escambia County, Florida. This Grant-In-Aid Agreement is being submitted for approval due to the extension of the Grant Program to June 30, 2013. The original Grant-In-Aid Agreement was approved by the Board of County Commissioners (BCC) on November 4, 2010, and was executed by the Office of the State Courts Administrator on November 23, 2010. The Amendment Number One to the November 23, 2010, Grant-In-Aid Agreement for Adult Post-Adjudicatory Drug Court Expansion in Escambia County, Florida, was approved by the BCC on September 15, 2011, and was executed by the Office of the State Courts Administrator on September 30, 2011. During Fiscal Year 2012–2013, the funding for the program is not to exceed $144,026.

B. Authorize the Chairman to sign the Grant-In-Aid Agreement and all related documents.

[Funds are made available through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program – American Recovery and Reinvestment Act of 2009]
 
18. 3273   Recommendation Concerning Multi-Family Housing Revenue Bonds for an Affordable Housing Project in Taylor County, Florida - Elbert Jones Jr., Executive Director, Escambia County Housing Finance Authority

That the Board adopt the Resolution which approves a plan of finance for the issuance and sale of not exceeding $6,000,000 Multi-Family Housing Revenue Bonds (the “Bonds”) by the Escambia County Housing Finance Authority (the “Authority”) to be used to finance or refinance the Affordable Housing Project within the territorial limits of the City of Perry, Taylor County, Florida.
 
19. 3278   Recommendation Concerning Multi-Family Housing Revenue Bonds for an Affordable Housing Project in Madison County, Florida - Elbert Jones Jr., Executive Director, Escambia County Housing Finance Authority

That the Board adopt the Resolution which approves a plan of finance for the issuance and sale of not exceeding $4,000,000 Multi-Family Housing Revenue Bonds (the “Bonds”) by the Escambia County Housing Finance Authority (the “Authority”) to be used to finance or refinance the Affordable Housing Project within the territorial limits of the City of Madison, Madison County, Florida.
 
20. 3302   Recommendation Concerning the Memorandum of Understanding for the Collective Bargaining Agreement between the Escambia County Board of County Commissioners and the Florida Police Benevolent Association - Ron Sorrells, Human Resources Department Director

That the Board take the following action concerning the Memorandum of Understanding (MOU) for the Collective Bargaining Agreement between the Escambia County Board of County Commissioners (BCC) and the Florida Police Benevolent Association (PBA), Locals #1247 and #1248, effective date September 1, 2012:

A. Approve the Escambia County Road Prison reclassification of all Officers in the permanent position of Corrections Corporal (B31) to Corrections Sergeant (B32);

B. Approve the elimination of the Corrections Corporal Position; and

C. Approve a five percent pay increase for any Officer being reclassified to Corrections Sergeant based on the employee’s current rate of pay, not to exceed the maximum of the pay grade.
 
21. 3308   Recommendation Concerning the Human Resources Department Director's Moving Expenses - Charles R. "Randy" Oliver, County Administrator

That the Board approve the reimbursement of reasonable relocation expenses for Thomas G. Turner, Human Resources Department Director, (obtainment of three quotes is required with a $6,500 limit), including mileage and per diem expenses.

[Funding Source: Fund 001, General Fund, Cost Centers 150101 and 110201]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 3277   Recommendation Concerning Greg and Farris Ford Settlement Agreement, Purchase of Property Located at 755 Destin Court on Perdido Key

That the Board take the following action:

A. Authorize the Chairman to execute the attached Settlement Agreement between Escambia County and Greg and Farris Ford; and

B. Authorize the purchase of property located at 755 Destin Court on Perdido Key and authorize execution of all necessary documents concerning this purchase; and

C. Authorize payment of Greg and Farris Ford's attorney's fees.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 
 

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