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AGENDA
Board of County Commissioners
Regular Meeting – January 3, 2013 – 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. 3695   Proclamations.

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

A. Adopt the Proclamation commending and congratulating the players and coaches of the 2012 Northview High School Chiefs football team for attaining the standards of excellence necessary to win the Florida State Class 1A Football Championship;

B. Adopt the Proclamation joining other cities and counties throughout the State of Florida in proclaiming the third Friday of January 2013 as "Arbor Day";

C. Adopt the Proclamation commending Mr. Darryl Boudreau for his exemplary public service, his dedication to protecting our environment, and his contribution to improving the quality of life for the citizens of Escambia County.

D. Ratify the Proclamation dated December 3, 2012, extending appreciation to Ms. Fernetta Jernigan for her 14 years of dedicated service to the citizens of Escambia County and congratulating her on her retirement years; and

E. Ratify the Proclamation dated December 12, 2012, proclaiming Wednesday, December 12, 2012, as "Charles Edward Young Day" in Escambia County.
 
7.   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.
 
8. 3661   5:31 p.m. Public Hearing for consideration of adopting an Ordinance amending Ordinance Number 2012-8, adopting two Official County Logos.

Recommendation: That the Board adopt an Ordinance amending Ordinance Number 2012-8, Chapter 2, Article I, Section 2-1, of the Escambia County Code of Ordinances, adopting an official County Logo to reflect the County's current logos, the circular Escambia County logo, and the horizontal "my escambia" logo.
 
9. 3627   Committee of the Whole Recommendation.

Recommendation: The Committee of the Whole (C/W), at the December 11, 2012, C/W Workshop, recommends that the Board take the following action:

A. Take the following action concerning the Time Line for Hiring the County Administrator (C/W Item 4):

(1) Approve that the recruitment process will be handled in-house, and authorize a (recruitment) start date of January 3, 2013; and

(2) Approve advertising the pay grade salary range for the position of County Administrator and an expected salary range of $123,000.00 ($123,779.39) to $150,000.00, and "shoot for the May-June time frame";

B. Take the following action concerning the RESTORE Act Advisory Committee (C/W Item 5):

(1) Approve allowing Commissioner Robinson to run for Chairman of the State's 23-County Gulf Consortium; and

(2) Approve a nine-member RESTORE Act Advisory Committee consisting of the following individuals:

(a) A representative of the financial industry with five (5) or more years experience, to be appointed by Commissioner Barry
(b) A business leader with five (5) or more years of economic development experience, to be appointed by Commissioner Valentino
(c) An individual with five (5) or more years of complex governmental experience, to be appointed by Commissioner Robinson
(d) An individual with five (5) or more years of experience in the area of transportation, to be appointed by Commissioner Robertson
(e) An at-large citizen representative, to be appointed by Commissioner May
(f) An individual appointed by the City of Pensacola
(g) An individual representing local environmental advocacy groups
(h) Two individuals to be selected by the Board from applications to be brought forward by the County Administrator and Assistant County Administrator

C. Approve allocating $1.4 million (from rebates on the County's health insurance contract as a result of surpassing cost control benchmarks) for the Board and (approve) a $500,000 opportunity for the Sheriff's Office (Option 3, as outlined in the PowerPoint Presentation), and approve placing $1 million in reserves for next year's insurance costs (C/W Item 7); and

D. Approve the following changes to the Chairman's annual appointments to Boards and Committees (Add-on Item #1):

(1) Commissioner Valentino will replace Commissioner May on the West Florida Regional Planning Council
(2) Commissioner Barry will replace Commissioner Robinson on the Early Learning Coalition and the Northwest Florida Regional Transportation Planning Organization
(3) Commissioner Robinson will replace Commissioner Barry on the Downtown Improvement Board
(4) Commissioner May will replace Commissioner Robinson on the Community Drug and Alcohol Commission
 
10.   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. 3626   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 ten reports prepared by the Clerk of the Circuit Court and Comptroller's Finance Department:

A. The following two Payroll Expenditures:

(1) Pay Date December 7, 2012, in the amount of $2,189,906.85; and

(2) Pay Date December 21, 2012, in the amount of $2,121,993.47;

B. The following three Disbursement of Funds:

(1) November 29, 2012, to December 5, 2012, in the amount of $24,185,108.46;

(2) December 6, 2012, to December 12, 2012, in the amount of $3,247,960.97; and

(3) December 13, 2012, to December 19, 2012, in the amount of $54,852,897.42;

C. Tourist Development Tax Collections Data for October 2012 returns received in the month of November 2012; this is the second month of collection for Fiscal Year 2012-2013; total collected for the October 2012 returns was $433,597, which is a 6.77% increase over the October 2011 returns;

D. Investment Report for the month ended November 30, 2012, as required by Ordinance Number 95-13; and

E. The following three Budget Comparison Reports for two (2) months, or 16.67%, of Fiscal Year 2012-2013:

(1) Summarized, by fund, Budget to Actual Summary Report For the fiscal year 2013 as of November 30, 2012;

(2) Comparison of Actual Revenues & Expenditures to Prior Fiscal Year For the fiscal year 2013 as of November 30, 2012; and

(3) Graph of Two Year Comparison General Fund Only Revenues vs. Expenditures October through November.
 
2. 3655   Recommendation Concerning Approval of the Public Official Bond for the Honorable David Morgan, Sheriff

That the Board approve the Public Official Bond, underwritten by Western Surety Company, for the Honorable David Morgan, Sheriff, for a term beginning January 7, 2013, and ending January 7, 2017, Bond No. 71339384, in the amount of $25,000.
 
3. 3690   Recommendation Concerning Financial Statements for Pensacola-Escambia County Promotion and Development Commission, Santa Rosa Island Authority, and Escambia-Pensacola Human Relations Commission

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

A. The Pensacola-Escambia County Promotion and Development Commission Pensacola, Florida, Financial Statements September 30, 2012, as prepared and audited by Saltmarsh, Cleaveland & Gund, Certified Public Accountants and Consultants, and received in the Clerk to the Board's Office on December 17, 2012;

B. The Santa Rosa Island Authority, A Component Unit of Escambia County, Florida, Financial Statements and Supplementary Information September 30, 2012 and 2011, as prepared and audited by Carr, Riggs & Ingram, LLC, Certified Public Accountants and Advisors, and received in the Clerk to the Board's Office on December 17, 2012; and

C. The Financial Statements Escambia-Pensacola Human Relations Commission September 30, 2012 and 2011, as prepared and audited by Brown Thornton ♦ Pacenta & Company, P.A., Certified Public Accountants Business & Financial Consultants, and received in the Clerk to the Board's Office on December 20, 2012.
 
4. 3629   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 original recorded Residential Rehab Grant Program Lien Agreement for property located at 402 Frisco Road, owned by Lee Anne Winchester, as approved by the Board on January 20, 2011, and recorded in Official Records Book 6942, Pages 1652 and 1653, on December 4, 2012; and

B. Closing documents related to the sale of surplus property, located at 307 East Blount Street, to Marlin Mueller, Jr., as approved by the Board on October 21, 2010, and received in the Clerk to the Board's Office on December 14, 2012.
 
5. 3651   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 Special Board Meeting held December 20, 2012;

B. Approve the Minutes of the Regular Board Meeting held December 6, 2012;

C. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held December 6, 2012; and

D. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole (C/W) Workshop held December 11, 2012.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearings
 
1. 3673   Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on December 10, 2012

That the Board take the following action concerning the Rezoning Cases heard by the Planning Board on December 10, 2012:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2012-28, Z-2012-29, Z-2012-26, and Z-2012-09 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-2012-28
Address: 6125 Arthur Brown Rd.
Property Reference No.: 11-4N-33-4100-000-000
Property Size: 9.69 (+/-) acres
From: VAG-1, Villages Agriculture,
Gross Density (five dwelling
units per 100 acres on
one-acre parcels)
To: ID-2, General Industrial
District (non-cumulative)
FLU Category: AG, Agricultural
Commissioner District: 5
Requested by: Neal Bjorklund, Agent for
Genesis
Rail System
Planning Board Recommendation: Approval
Speakers: Neal Bjorklund
2. Case No.: Z-2012-29
Address: 4810 West Nine Mile Rd.
Property Reference: 04-1S-31-1101-000-000
Property Size: 241.9 (+/-) acres
From: AG, Agricultural District,
Low Density
To: ID-CP, Commerce Park District
(cumulative) (no residential uses allowed)
FLU Category: REC, Recreation
Commissioner District: 1
Requested by: Michael Langston, PE, agent for
Navy Federal Credit Union
Planning Board Recommendation: Approval
Speakers: None
3. Case No.: Z-2012-26
Address: 85 Stone Blvd.
Property Reference: 14-1N-31-1001-007-002
Property Size: 9.93 (+/-) acres
From: ID-CP, Commerce Park District
(cumulative)
To: ID-2, General Industrial District
(non-cumulative)
FLU Category: I-Industrial
Commissioner District: 5
Requested by: Wiley C. "Buddy" Page, Agent
for Michael O'Neill
Planning Board Recommendation: Approval
Speakers: None
4. Case No.: Z-2012-09
Address: 2006 Border St.
Property Reference: 16-2S-30-2300-001-023
Property Size: 2.23 (+/-) acres
From: R-5, Urban Residential/
Limited Office District,
(cumulative) High
Density and 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 Contracting
Planning Board Recommendation: Approval
Speakers: None
 
2. 3669   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 December 10, 2012, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 3521   5:46 p.m. - A Public Hearing Concerning the Transmittal of Comprehensive Plan Amendment (CPA) 2012-04 (MAP) to the Department of Economic Opportunity (DEO)

That the Board of County Commissioners (BCC) approve for transmittal to the Department of Economic Opportunity (DEO), Comprehensive Plan Amendment (CPA) 2012-04 (Map), amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended; amending the Future Land Use Map designation.

At its December 10, 2012, Meeting, the Planning Board recommended approving transmittal of the Map Amendment to the DEO.
 
4. 3552   5:47 p.m. - A Public Hearing Concerning Transmittal of Comprehensive Plan Amendment (CPA) Text Amendment CPA 2012-07 to the Department of Economic Opportunity (DEO)

That the Board of County Commissioners (BCC) approve for transmittal to the Department of Economic Opportunity (DEO), an Ordinance amending the Escambia County Comprehensive Plan 2030 consistent with Chapter 2011-139, Laws of Florida; removing the requirement to submit an annual update of the Capital Improvements Element (CIE)to the State Planning Agency.

At its December 10, 2012, Meeting, the Planning Board recommended approving transmittal of the Ordinance to the DEO.
 
5. 3683   5:49 p.m. - A Public Hearing Concerning the Review of Comprehensive Plan Amendment (CPA) 2012-02.

That the Board of County Commissioners (BCC) review and adopt a Comprehensive Plan Amendment (CPA) 2012-02, amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended; amending the Future Land Use Map designation.

At the August 13, 2012, Planning Board Meeting, the Board recommended transmittal to the Department of Economic Opportunity (DEO). The Board of County Commissioners approved transmittal at the August 23, 2012, Meeting. On September 28, 2012, the County received a letter from DEO identifying no comments related to important state resources and facilities within the Agency's authorizes scope of review.
 
  II. Consent Agenda
 
1. 3703   Recommendation Concerning the Scheduling of Public Hearings

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

Thursday, February 7, 2013

A. 5:45 p.m. - A Public Hearing to amend the Official Zoning Map to include the following Rezoning Case to be heard by the Planning Board on January 7, 2013:

Case No.: Z-2012-25
Address: 7008 W. Jackson & 617 N. 70th
Property Reference No.: 11-2S-31-5410-000-000 and
11-2S-31-5410-001-001
Property Size: .52 (+/-) acres
From: R-2, Single-Family District
(cumulative), Low-Medium
(7 du/acre)
To: R-6, Neighborhood Commercial
and Residential District (cumulative),
High-Density (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District 1
Requested by: Wiley C. "Buddy" Page, Agent for
Freddy Powell

B. 5:46 p.m. - A Public Hearing - LDC Ordinance Article 13, "Signage," Regulation of Signs and Outdoor Displays (originally consented for Public Hearing on January 3, 2013, but postponed by the Planning Board at the request of the Paolo Ghio, at the December 10, 2012, Planning Board Meeting for further review at the January Planning Board Meeting).

C. 5:47 p.m. - A Public Hearing - Adopting Comprehensive Plan Amendment (CPA) 2012-06 (Text) - An Ordinance amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan 2030, as amended; amending Future Land Use Element MU-PK.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 3608   Recommendation Concerning Surplus and Disposition of County Assets - Amy Lovoy, Management and Budget Services Department Director

That the Board declare surplus, and authorize the disposition of, all the assets shown in the Escambia County Surplus Items listing provided. All assets listed will have a $250 trade-in value for upgraded units.
 
2. 3641   Recommendation Concerning a Public Hearing Request for Fund Balance Carry Forwards - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing on January 17, 2013, at 5:32 p.m., to amend the Fiscal Year 2012/2013 Budget to include the fund balance carry forwards.
 
3. 3635   Recommendation Concerning a Request to Schedule a Public Hearing to Establish the Water Oaks Drainage Improvement MSBU - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing on January 17, 2013, at 5:33 p.m., to consider the adoption of an Ordinance creating the Water Oaks Drainage Improvement MSBU (Municipal Services Benefit Unit).
 
4. 3664   Recommendation Concerning a Reappointment to the West Florida Public Library Board of Trustees - Marilyn D. Wesley, Community Affairs Department Director

That the Board approve the reappointment of Dr. Neil Carter Davis to the West Florida Public Library Board of Trustees, effective per the end date of his previous appointment, November 21, 2012, through the anticipated Board of Trustees sunset date of September 30, 2013.
 
5. 3663   Recommendation Concerning the District 5 Appointment to the Escambia County Animal Services Advisory Committee - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the appointment of Linda L. Lambert as the District 5 representative to the Escambia County Animal Services Advisory Committee, with the term of appointment to begin January 3, 2013, and run concurrent with the term of Commissioner Steven L. Barry or at his discretion.
 
6. 3403   Recommendation Concerning the County’s Acceptance of Property on Olive Road and on Mobile Highway from the Florida Department of Transportation - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the County’s acceptance of property for retention pond purposes on Olive Road, and property for a boat ramp project on Mobile Highway, from the Florida Department of Transportation (FDOT):

A. Accept the transfer of real property from FDOT for retention pond purposes on Olive Road;

B. Accept the transfer of real property from FDOT for a boat ramp project on Mobile Highway;

C. Authorize the payment of incidental expenses associated with the recording of the documents; and

D. Authorize the Chairman or Vice Chairman to sign any documents, subject to Legal review and sign-off, necessary to complete the acceptance of these properties.

[Funds for the recording of documents for these projects are available in the Engineering Escrow Account accessible by the Clerk’s office]

The County's Olive Road East Project, a road and drainage improvement project, is currently in design. The County has an existing retention pond located near the intersection of Olive Road and Johnson Avenue; FDOT owns a vacant 3.5 acre parcel adjacent to the County pond parcel. Because the design for this project indicates the need for additional stormwater capacity in this area, at the County’s request, FDOT has agreed to convey this property to the County and have provided a Quit Claim Deed to convey this parcel.

The County also recently acquired property on Mobile Highway at Perdido River for a public boat ramp project. After acquiring the property, it was discovered that FDOT actually owned more right-of-way on Mobile Highway than previously thought. At the County’s request, FDOT has agreed to convey to the County the portion of the Mobile Highway right-of-way (approximately 1.044 acres) abutting the recently acquired County property. FDOT has provided a Quit Claim Deed to convey this property.

Board acceptance is required for the conveyance of these properties to the County.
 
7. 3640   Recommendation Concerning the Adoption of a Maintenance Map for a Portion of 69th Avenue in the Myrtle Grove Area - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the adoption of a Maintenance Map for a portion of 69th Avenue in the Myrtle Grove area, totaling approximately 4,000 feet in length:

A. Adopt a Maintenance Map prepared by Merrill Parker Shaw, Inc., Project Number 4489, for a portion of 69th Avenue, approximately 4,000 feet in length, lying between Lillian Highway and Fairfield Drive. This Map delineates the extent of County Maintenance to define County property in areas where the County maintains roads without having deeded right-of-way;

B. Approve said areas shown on the Map for continued maintenance, pursuant to Florida Statutes, Chapter 95.361; and

C. Authorize the Chairman or Vice Chairman to accept the Map as of the day of delivery of the Map to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute the Map for recording at that time.

The County has maintained a portion of 69th Avenue in the Myrtle Grove area, totaling approximately 4,000 feet in length, as depicted on the Map.

Chapter 95.361, Florida Statutes, asserts public ownership of certain rights-of-way maintained by the County. The Statute "Roads Presumed to be Dedicated" contains three key qualifications, any of which may provide Public ownership of the subject roads: (1) four years of uninterrupted maintenance, together with proof that the County originally constructed the road; (2) proof that the road was regularly maintained or repaired for the immediate past seven years by the County; or (3) a Map filed in the office of the Clerk of Court reciting that the road has been vested in the County in accordance with either items (1) or (2) above.

Map numbered 4489, Sheets 1 and 2, depicting the extent of County Maintenance, was produced under the supervision of the County Engineer. By signing the Map, the road Maintenance Supervisor has certified that the County has maintained the road for more than the required seven years, and that the extent of maintenance shown is accurate. Based upon archived records and personal experience, Road Division staff acknowledges continuous maintenance for over seven years.

Upon approval by the Board, the Clerk of Court will file the Map in the Public Records, as described in Florida Statues, Chapter 95.361.
 
8. 3654   Recommendation Concerning an Appointment to the Escambia County Extension Council - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning an appointment to the Escambia County Extension Council:

A. Appoint Larry A. Daniel, replacing Julie Boutwell, for Mrs. Boutwell's remaining term of service, effective January 3, 2013, through November 30, 2014:

ZONE NAME AND ADDRESS
6 Larry A. Daniel, 1504 Hunters Creek Dr., Cantonment, FL 32533

B. Request that the County Administrator's Office provide a letter of appointment to Larry A. Daniel and a letter of appreciation to Julie Boutwell.
 
9. 3659   Recommendation Concerning an Alabama Medicaid Provider Agreement for Escambia County Emergency Medical Services - Michael D. Weaver, Public Safety Department Director

That the Board ratify the Chairman's signature on the Provider Agreement as a condition for Escambia County Board of County Commissioners/Escambia County EMS (Emergency Medical Services) to continue to participate as a Provider under the Alabama Medicaid Program with the provision that any litigation concerning any part of the Agreement shall be conducted in either the Circuit Court of Montgomery County, Alabama, or the United States District Court for the Middle District of Alabama, Northern Division.
 
10. 3643   Recommendation Concerning South Palafox Properties, LLC, d/b/a Rolling Hills C&D Recycling Center Permit Renewal - Patrick T. Johnson, Solid Waste Management Department Director

That the Board authorize the scheduling of a Public Hearing for January 17, 2013, at 5:34 p.m., for consideration of the renewal of a Permit to Construct and/or Operate a Construction and Demolition Debris Facility, for South Palafox Properties, LLC, d/b/a Rolling Hills C&D Recycling Center, located at 6990 Rolling Hills Road, Pensacola, Florida.

[Funding: Fund 401, Solid Waste Fund, Account Number 343402]
 
11. 3644   Recommendation Concerning the Sand & Dirt, Inc., d/b/a Brickton Borrow Pit /LCD Facility Permit - Patrick T. Johnson, Solid Waste Management Department Director

That the Board authorize the scheduling of a Public Hearing for January 17, 2013, at 5:35 p.m., for consideration of the issuance of a Permit to Construct and/or Operate a Land Clearing Disposal Management Facility, for Sand & Dirt, Inc., d/b/a Brickton Borrow Pit/LCD Facility, located at 8800 North Highway 29, Molino, Florida.

[Funding: Fund 401, Solid Waste Fund, Account Number 343402]
 
12. 3701   Recommendation Concerning the District 5 Appointment to the Mass Transit Advisory Committee - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the District 5 appointee to the Escambia County Mass Transit Advisory Committee (MTAC):

A. Confirm the appointment of Jonathan Michael Pytynia as the District 5 representative to the Escambia County Mass Transit Advisory Committee, with an appointment term effective January 3, 2013, and running concurrently with the term of Commissioner Steven L. Barry; and

B. Request that the County Administrator's Office provide a letter of appointment to Jonathan Michael Pytynia and a letter of appreciation to Jeffery S. Overhalser for his service.

The previous District 5 representative, Jeffery S. Overhalser, resigned his appointment. Jonathan Michael Pytynia has submitted his Resume expressing interest in the appointment to serve on the Escambia County Mass Transit Advisory Committee.
 
13. 3710   Recommendation Concerning the Request for Disposition of County Property for the Office of the Public Defender - David Lambert, MIS Director

That the Board approve the Request for Disposition of Property Form, for the Public Defender's Office, for equipment which is described and listed on the Disposition Form. The listed items are obsolete, are in excess, and have been found to be of no further usefulness to the County.
 
14. 3711   Recommendation Concerning Renaming the Escambia County Governmental Complex - George Touart, Interim County Administrator

That the Board take the following action concerning the renaming of the Escambia County Governmental Complex:

A. Rescind the Board's action of October 18, 2012, adopting the Resolution (R2012-149) naming the Escambia County Governmental Complex as the "Ernie Lee Magaha Building"; and

B. Adopt the Resolution renaming the Escambia County Governmental Complex as the "Ernie Lee Magaha Government Building".
 
15. 3717   Recommendation Concerning a Commissioner Appointment to the Community Action Program Committee, Inc. - George Touart, Interim County Administrator

That the Board confirm Chairman Gene M. Valentino's annual appointment of Commissioner Lumon J. May to the Community Action Program Committee, Inc., for 2013.
 
  II.  Budget/Finance Consent Agenda
 
1. 3600   Recommendation Concerning Supplemental Budget Amendment #051 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #051, General Fund (001) and Economic Development Fund (102) in the amount of $297,000, to recognize an increase in funding for Economic Development and the Sheriff's Fiscal Year 2012-2013 Budget, and to appropriate these funds for Economic Development and Law Enforcement activities in Escambia County.
 
2. 3614   Recommendation Concerning Supplemental Budget Amendment #058 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #058, Other Grants and Projects Fund (110) for a reduction in the amount of $1,612, and to reduce the Cost Center balance in the Supplemental Nutrition Assistance Program Grant, since the actual Grant amount was less than budgeted.
 
3. 3678   Recommendation Concerning Architect & Engineering Services for the New Escambia County 4-H Center - Amy Lovoy, Management and Budget Services Department Director

That the Board Award a Lump Sum Contract to Hernandez Calhoun Design International, per the terms and conditions of PD 12-13.003, Architect & Engineering Services for New Escambia County 4-H Center, in the amount of $170,000.

[Funding: Fund 352, LOST III, Cost Center 110267, Project Number 12PF1675]
 
4. 3611   Recommendation Concerning Approval of the Fiscal Year 2012/2013 $50,000 Miscellaneous Appropriations Agreement between Escambia County and the Pensacola Sports Association, Inc. - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning approval of the Fiscal Year 2012/2013 Miscellaneous Appropriations Agreement between Escambia County and the Pensacola Sports Association, Inc.:

A. Approve the Miscellaneous Appropriations Agreement between Escambia County and the Pensacola Sports Association, Inc., in the amount of $50,000, to be paid from the 3rd Cent Tourist Promotion Fund (108), Cost Center 360101;

B. Authorize the Chairman to sign the Agreement and all other necessary documents; and

C. Authorize the approval of the necessary Purchase Order.
 
5. 3606   Recommendation Concerning the Acceptance of Property in the Magnolia Lake Estates Area from U.I.L. Family Limited Partnership - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of a parcel of real property in the Magnolia Lake Estates area from U.I.L. Family Limited Partnership:

A. Authorize staff to negotiate and resolve any matters related to, or associated with, the acceptance of the donation of a parcel of real property (approximately 3.86 acres), in the Magnolia Lake Estates area from U.I.L. Family Limited Partnership, to gather information and to conduct inspections, as needed, to allow for the Board’s acceptance of the real property;

B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for stormwater drainage, and the County benefits from the acquisition of this property because it facilitates the maintenance of the stormwater drainage system in this area, which enhances the health and well-being of the citizens of Escambia County;

C. Authorize the payment of incidental expenditures associated with the recording of documents; and

D. Authorize staff to prepare, and the Chairman or Vice Chairman to accept, the Deed as of the day of delivery of the Deed to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board’s acceptance at that time.

[Funding: Funds for incidental expenses associated with the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]

U.I.L. Family Limited Partnership is the owner of a parcel of property (approximately 3.86 acres) located north of Magnolia Lake Estates and east of Chemstrand Road. The property is undeveloped and abuts other County retention pond parcels, is impacted by wetlands, and the owner has no interest in pursuing development of this property. The owner has offered to donate this property to the County.

County staff has reviewed this request and determined that there may be a future benefit to the County to own this property, either for stormwater drainage purposes or wetland mitigation, and have no objection to the County’s acceptance of this property. Board approval is required to authorize Staff to proceed with the acquisition, and for the Board’s acceptance of the donated property.
 
6. 3617   Recommendation Concerning Issuance of a Purchase Order to Medical Priority Consultants, Inc., (d/b/a Priority Dispatch/Protocol Support), for Emergency Fire Call-Taking Software - Michael D. Weaver, Public Safety Department Director

That the Board approve the issuance of a Purchase Order to Medical Priority Consultants, Inc., (d/b/a Priority Dispatch/Protocol Support), in the amount of $58,454, for the purchase of emergency fire call-taking (Emergency Fire Dispatch Protocol) software, annual maintenance for one year, and training for 30 employees.

[Funding Source: Fund 145, E-911 Operations, Cost Center 330404, E-911 Communications]
 
7. 3466   Recommendation Concerning Collections Services for Escambia County Public Safety EMS - Michael D. Weaver, Public Safety Department Director

That the Board extend the Contract for Collections Services for Escambia County Public Safety EMS (Emergency Medical Services), PD 08-09.014, for a 12-month period, effective February 5, 2013, to United Collection Service, Inc., under the current terms and conditions.

[Funding Source: Fund 408, Emergency Medical Service, Cost Center 330603, EMS Billing Business Ops, Object Code 53401]
 
8. 3616   Recommendation Concerning a Purchase Order for Accela Land Records Management Software Maintenance - T. Lloyd Kerr, AICP, Development Services Department Director

That the Board approve and authorize a Purchase Order, in the amount of $124,888.53, to Accela, Inc., for proprietary annual software maintenance for Escambia County.

[Funding: Fund 001, General Fund, Cost Center 270109, IT Applications - $62,444.26, and Fund 406, Building Inspections Fund, Cost Center 250101, Permitting - $62,444.27]
 
9. 3702   Recommendation Concerning Supplemental Budget Amendment #52 and the Payment of Legal Fees - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning Supplemental Budget Amendment #52 and the payment of legal fees associated with the Portofino Valuation Lawsuit:

A. Adopt the Resolution approving Supplemental Budget Amendment #52, General Fund (001) and the Debt Service Fund (203) in the amount of $0, to eliminate the payment back to the Santa Rosa Island Authority (SRIA), for the Commercial Leaseholders Economic Incentive Fund, in the amount of $216,666, and to utilize the funds freed up for the payment of legal fees associated with the Portofino Valuation Lawsuit. In addition, another $26,543 will be moved from the Santa Rosa Island reserves to be used for these legal fees; and

B. Approve payment in an amount not to exceed $243,209 for court-ordered legal fees associated with the Portofino Valuation Lawsuit.
 
  III. For Discussion
 
1. 3707   Recommendation Concerning an Appointment to the Pensacola-Escambia Development Commission - George Touart, Interim County Administrator

That the Board appoint one of the following four nominees to the Pensacola-Escambia Development Commission, for a two-year term, effective January 3, 2013, through January 2, 2015:

A. M. Blaise Adams;

B. Sam Camariotes, Jr.;

C. Rufus E. Harris, III; or

D. David Pasqualone.
 
2. 3718   Recommendation Concerning Discussion of Fee Simple, Pensacola Beach - George Touart, Interim County Administrator

That the Board discuss the Fee Simple issue relative to leaseholders on Pensacola Beach.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 3656   Recommendation Concerning a Resolution Amending the RESTORE Act Advisory Committee Resolution 2012-150, Increasing the Committee's Membership and Revising the Quorum Requirement

That the Board adopt the attached Resolution increasing the membership of the RESTORE Act Advisory Committee and revising the quorum requirements for the Committee.
 
  II. For Information
 
1. 3691   Recommendation Concerning Charlie Mullins and Earl Rhodes v. Board of County Commissioners and Board of Adjustment, Case No. 2012 CA 000621.

That the Board accept the following informational report concerning Charlie Mullins and Earl Rhodes v. Board of County Commissioners and Board of Adjustment, Case No. 2012 CA 000621.
 
11.   Items added to the agenda.
 
12.   Announcements.
 
13.   Adjournment.
 
 

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