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AGENDA
Board of County Commissioners
Regular Meeting – February 21, 2013 – 5:30 p.m.
Ernie Lee Magaha Government Building – First Floor
 
             
1.   Call to Order.

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

The Board of County Commissioners allows any person to speak regarding an item on the Agenda. The speaker is limited to three (3) minutes 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 – Joe Miller, Director of Pray for Pensacola and State Director for the "National Day of Prayer."
 
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. 3883   Proclamations.

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

A. Adopt the Proclamation extending special thanks from both the Board and the citizens of Escambia County to Florida Department of Law Enforcement Special Agent Chris Webster for his heroism and bravery in the face of extreme danger, his services to the citizens, and for his ongoing service ensuring the safety of the population of Escambia County;

B. Adopt the Proclamation extending special thanks from both the Board and the citizens of Escambia County to Florida Department of Law Enforcement Special Agent Chris Williams for his heroism and bravery in the face of extreme danger, his services to the citizens, and for his ongoing service ensuring the safety of the population of Escambia County;

C. Adopt the Proclamation proclaiming March 2013 as "American Red Cross Month" and encouraging the citizens of Escambia County to support the American Red Cross and its noble humanitarian mission;

D. Adopt the Proclamation proclaiming February 21, 2013, as "Military Appreciation Day in Escambia County" and joining the Navy League and the citizens of Escambia County in expressing appreciation to the men and women of the United States Armed Forces stationed in Northwest Florida not only for their contributions to our community during their tours of duty here, but also for their service to our great county; and

E. Ratify the Proclamation dated February 14, 2013, welcoming retired Israeli Ambassador Yoram Ettinger as he visits Pensacola, Florida, during his ambassadorial visits and encouraging the citizens of Escambia County to attend the series of events co-sponsored by the B'nai Israel Synagogue and the First Pentecostal Church.
 
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. 3838   5:31 p.m. Public Hearing for consideration of the Petition to Vacate a portion of a 20-foot-wide alleyway, Block 21, Hazlehurst Subdivision, as petitioned by Linh Le.

Recommendation: That the Board take the following action concerning the Petition to Vacate a portion of a 20-foot-wide alleyway, Block 21, Hazlehurst Subdivision (approximately 0.04 acre), as petitioned by Linh Le:

A. Approve the Petition to Vacate a portion of a 20-foot-wide alleyway, Block 21, Hazlehurst Subdivision (approximately 0.04 acre), as petitioned by Linh Le;

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.

Petitioner owns Lots 5 through 10, Block 21, Hazlehurst Subdivision and Lots 1 through 5, Block A, Blount Re-Subdivision of Kupfrian Park. There is a platted 20-foot-wide alleyway extending east to west through said Block 21, as recorded in Plat Deed Book 55, at Page 262, of the public records of Escambia County, Florida. Petitioner is requesting that the Board vacate any interest it has in that portion of said 20-foot-wide alleyway (approximately 0.04 acre), which abuts her property. Staff has made no representations to the Petitioner or to the Petitioners' 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.
 
9. 3898   5:32 p.m. Public Hearing for consideration of adopting an Ordinance to establish two public parks on Pensacola Beach specifically designated for dogs and to establish parks on Perdido Key specifically designated for dogs.

Recommendation: That the Board adopt an Ordinance of Escambia County, Florida, amending Volume I, Chapter 10, Article I, Section 10-11, relating to animal control, creating Section 10-25 of the Escambia County Code of Ordinances to establish two public parks on Pensacola Beach specifically designated for dogs, and creating Section 10-26 of the Escambia County Code of Ordinances to establish parks on Perdido Key specifically designated for dogs.
 
10. 3872   5:33 p.m. TEFRA Public Hearing for consideration of adopting the Resolution authorizing the issuance of approximately $53,000,000 Escambia County, Florida, Industrial Development Revenue Bonds, Series 2013, for construction of a wood biomass pellet manufacturing facility to be located in Century, Florida.

Recommendation: That the Board take the following action concerning the issuance of approximately $53,000,000 Escambia County, Florida, Industrial Development Revenue Bonds, Series 2013 (Century Wood Pellet Project) (herein, the “Bonds”), on behalf of North Florida Biomass Fuels, LLC (the "Borrower"), for construction of a wood biomass pellet manufacturing facility to be located in Century, Florida:

A. Ratify the scheduling of the 5:33 p.m. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing for consideration of authorizing the issuance of the Bonds and advertising of the Notice of Public Hearing; and

B. Adopt, and authorize the Chairman to execute, the Resolution authorizing the issuance and sale of the Bonds upon the terms established therein.

[The Bonds will not obligate the credit of the County or pose any obligation or liability for the County.]
 
11. 3918   Committee of the Whole Recommendation.

Recommendation: The Committee of the Whole (C/W), at the February 14, 2013, C/W Workshop, recommends that the Board take the following action:

A. Approve appointing Lumon J. May to the Escambia County Transportation Disadvantaged Coordinating Board (TDCB) to chair the meetings of the TDCB (C/W Item 6);

B. Take the following action concerning the City of Pensacola (d/b/a Pensacola Energy, f/k/a Energy Services of Pensacola [ESP]) and Gulf Breeze Agreement for Natural Gas Franchise Assignment (C/W Item 8):

(1) Approve obtaining the releases from the two municipalities (the City of Pensacola and the City of Gulf Breeze); and

(2) Schedule the following three Public Hearings:

(a) A Public Hearing for consideration of authorizing the Agreement for Natural Gas Franchise Assignment between the City of Pensacola and the City of Gulf Breeze;

(b) A Public Hearing for consideration of adopting a new Ordinance to provide natural gas services to Pensacola Beach, to repeal and replace the existing Ordinance (Number 2012-7, granting the City of Gulf Breeze, Florida, a non-exclusive franchise to construct, maintain, and operate a natural gas distribution system on the portion of Santa Rosa Island located in Escambia County, Florida); and

(c) Schedule a Public Hearing for consideration of the City of Pensacola's request for reaffirmation (of its exclusive gas franchise for all portions of Escambia County except the previously excepted areas within the Town of Century and Santa Rosa Island);

C. Approve, relative to raising chickens accessory to single-family dwellings, reverting to the County's former policy that property must be properly zoned for farm animals (C/W Item 9); and

D. Approve allowing Commissioner Valentino, Assistant County Administrator Larry M. Newsom, and staff to continue to go forward with the Regional Transportation Finance Authority (RTFA), which will create funding strategies, on a case-by-case basis, for projects on the TPO (Transportation Planning Organization) project priority list, as well as other projects (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. 3889   Recommendation Concerning Acceptance of Reports Prepared by the Clerk and Comptroller's Finance Department

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

A. Payroll Expenditures for Pay Date February 15, 2013, in the amount of $2,097,164.58;

B. The following two Disbursement of Funds:

(1) January 31, 2013, to February 6, 2013, in the amount of $2,073,617.72; and

(2) February 7, 2013, to February 13, 2013, in the amount of $2,183,869.10;

C. Tourist Development Tax Collections Data for the December 2012 returns received in the month of January 2013; this is the fourth month of collections for Fiscal Year 2012-2013; total collected for the December 2012 returns was $276,156, which is a 2.38% decrease over the December 2011 returns; total collections year to date are 7.26% higher than the comparable time frame in Fiscal Year 2011-2012; and

D. The Investment Report for the month ended January 31, 2013, as required by Ordinance 95-13.
 
2. 3908   Recommendation Concerning Returned Check Write-Off

That the Board adopt the Resolution authorizing the write-off of $986.00 in returned checks in various funds of the County that have been determined to be uncollectible bad debts.
 
3. 3890   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 regarding Escambia Co., FL v McCall and Associates, Inc. Architects, et al., as approved by the Board on November 1, 2012, and received in the Clerk to the Board's Office on January 10, 2013:

A. The original Settlement Agreement and Release between Speegle Construction, Inc., Carolina Casualty Insurance Company, Berkley Insurance Company, All-South Subcontractors, Inc., and Escambia County;

B. The original General Release of All Claims between Speegle Construction, Inc., Carolina Casualty Insurance Company, Berkley Insurance Company, All-South Subcontractors, Inc., and Escambia County;

C. A color copy of the General Release of All Claims between McCall and Associates, Inc. Architects and Escambia County; and

D. A copy of the Settlement Agreement (and General Mutual Release) between Samuel Johnson, Inc., Samuel F. Johnson, Jr., and Escambia County.
 
4. 3888   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 February 7, 2013; and

B. Approve the Minutes of the Regular Board Meeting held February 7, 2013.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 3802   5:45 p.m. A Public Hearing Concerning the Review of an Ordinance Amending Article 6

That the Board of County Commissioners review and adopt an Ordinance to the Land Development Code (LDC) amending Article 6, Zoning Districts.

This hearing serves as the second of two required public hearings before the Board of County Commissioners (BCC) as set forth in LDC Section 2.08.04(b) and F.S 125.66 (4)(b).
 
  II. Consent Agenda
 
1. 3834   Recommendation Concerning the Scheduling of Public Hearings

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

Thursday, March 21, 2013

5:45 p.m. - A Public Hearing - Comprehensive Plan Text Amendment CPA 2013-01

5:46 p.m. - A Public Hearing - WCI Amended Development Agreement
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 3846   Recommendation Concerning CRA Meeting Minutes, January 17, 2013 - Keith Wilkins, Community & Environment Department Director

That the Board accept for filing with the Board's Minutes, the January 17, 2013, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Carolyn Barbour, Senior Office Support Assistant, CRA.
 
2. 3858   Recommendation Concerning the Escambia County Enterprise Zone Development Agency Board Appointments - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency, concerning the Escambia County Enterprise Zone Development Agency (EZDA) Board:

A. Reappointing Steve Littlejohn, Lead Land Development Officer, Escambia County Environmental Code Enforcement Division, to serve a four-year term, as a local code enforcement representative, effective February 21, 2013, until February 2017; and

B. Reappointing Nita Freeman, President, Bell Acres Neighborhood Watch Group, to serve a four-year term, as a resident living within the Enterprise Zone, effective February 21, 2013, until February 2017.
 
3. 3839   Recommendation Concerning a Memorandum of Understanding between the National Park Service-Gulf Islands National Seashore and Escambia County - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Memorandum of Understanding between the National Park Service-Gulf Islands National Seashore and Escambia County for the Provision of Emergency Medical Services:

A. Approve the Memorandum of Understanding (MOU) to establish the terms and conditions under which Escambia County, through the Emergency Medical Services Division of the Department of Public Safety, and the National Park Service (NPS), will cooperate to jointly provide emergency medical services within and near the boundaries of the Gulf Islands National Seashore (GINS); and

B. Authorize the Chairman to sign the MOU.
 
4. 3851   Recommendation Concerning the Request for Disposition of Property for the Public Safety Department, Fire Services Division - Michael D. Weaver, Public Safety Department Director

That the Board approve the Request for Disposition of Property Form for the Public Safety Department, Fire Services Division, for property which is described and listed on the Request Form, with reason for disposition stated. This property is to be auctioned as surplus or properly disposed.
 
5. 1283   Recommendation Concerning a 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 ending time from 10:00 p.m., to 10:30 p.m., for an outdoor wedding reception, to be held at the Pensacola Country Club on Saturday, April 13, 2013.
 
6. 3848   Recommendation Concerning Community Center License and Management Agreement with Barrineau Park Historical Society, Inc. - 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 Barrineau Park Historical Society, Inc., for the Barrineau Park Community Center and Historical Society, with an effective date of February 9, 2013.
 
7. 3786   Recommendation Concerning a Request for Disposition of Property for the Facilities Management Department - David W. Wheeler, CFM, Facilities Management Department Director

That the Board approve the Request for Disposition of Property Form for the Facilities Management Department indicating two items to be properly disposed of, which are described and listed on the Request Form, with reason for disposition stated.
 
8. 3764   Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate a Portion of Sinton Drive - Joy D. Blackmon, P. E., Public Works Department Director

That the Board authorize the scheduling of a Public Hearing for March 21, 2013, at 5:31 p.m., to consider the Petition to Vacate a portion of Sinton Drive, approximately 0.17 acres, as petitioned by Marvin Woodruff.

The Petitioner owns property bordering on both sides of Sinton Drive (60-foot-wide right-of-way), a paved County-maintained road as dedicated and shown on the Plat of Quinavista Subdivision, recorded in Plat Book 2, at Page 68, of the Public Records of Escambia County, Florida. Quinavista Subdivision (portions of which have been re-subdivided into Southwind Subdivision, as recorded in Plat Book 11, at Page 23, of the Public Records of said County), lies south of Gulf Beach Highway and east of Casa Maria Lane. The petitioner owns and operates the Southwind Marina facility located on Big Lagoon. The petitioner's property lying north of Sinton Drive is being used as a dry storage facility for boats, and the petitioner's property lying south of Sinton Drive is where the marina and boat launch facility are located. To move the boats from the dry storage facility to the boat launch area requires crossing Sinton Drive using a large forklift machine. The Petitioner is requesting the Board vacate any interest the County has in this portion of Sinton Drive, approximately 0.17 acres, which abuts his property and is the portion of Sinton Drive being used as a crossing area. Staff has made no representations to the Petitioner or to 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.
 
9. 3864   Recommendation Concerning the Conveyance of a Parcel of Real Property to the Florida Department of Transportation (FDOT) for the State Road 296 (Beverly Parkway) Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of a parcel of real property, approximately 12,695 square feet, to Florida Department of Transportation (FDOT) for their planned improvement project for the portion of State Road 296 (Beverly Parkway) at the County Road 453 ("W" Street) Intersection:

A. Adopt a Resolution authorizing the conveyance of a parcel of real property, approximately 12,695 square feet, to FDOT for their planned improvement project for the portion of Beverly Parkway at the "W" Street Intersection; 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 a project designed to make improvements to Beverly Parkway, which includes adding turn lanes and upgrading the related stormwater drainage system at the intersection of "W" Street. The County owns a large parcel of property at the southwest corner of Beverly Parkway and ‘W’ Street. FDOT is requesting that the County convey a potion of this property, approximately 12,695 square feet, to facilitate the addition of a turn lane and upgrade of the stormwater drainage.

Staff has reviewed this request and determined that the conveyance of this property to FDOT will have no adverse impact to the County's use of this property and has no objection to the conveyance of this parcel.
 
10. 3877   Recommendation Concerning the Conveyance of an Underground Distribution Easement to Gulf Power Company in Deerfield Estates Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of an Underground Distribution Easement (approximately 10 foot x 10 foot = 100 square feet) to Gulf Power Company on County-owned property in Deerfield Estates Subdivision:

A. Approve granting an Underground Distribution Easement (approximately 10 foot x 10 foot = 100 square feet) to Gulf Power Company on County-owned property in Deerfield Estates Subdivision; and

B. Authorize the Chairman to execute the Easement document and any other documents associated with the granting of the Underground Distribution Easement to Gulf Power Company.

Escambia County owns a parcel of property, currently being utilized as a stormwater retention pond, located at the northern terminus of Erika Court in Deerfield Estates Subdivision. Deerfield Estates Subdivision is located north off of Mobile Highway and lies adjacent to the Escambia County Equestrian Center. Deerfield Estates Subdivision is recorded in Plat Book 16, at Page 36, of the Public Records of Escambia County, Florida.

Gulf Power is doing some upgrades to their electrical system in Deerfield Estates Subdivision, and has determined the need for a small portion of the County pond parcel abutting Erika Court. Therefore, Gulf Power is requesting that the County convey to them an Underground Distribution Easement (approximately 10 foot x 10 foot = 100 square feet) on the County retention parcel in Deerfield Estates Subdivision. Public Works Department Staff has reviewed this request and has determined that the granting of this easement will not adversely affect the County's use of this property, and has 0no objections to granting the easement.
 
11. 3878   Recommendation Concerning the Assignment of Advertising Agreements between Martin Mency of Escambia County, LLC, and the Board of County Commissioners of Escambia County to Provide Exterior Advertising Services for Fixed-Route Buses - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the Chairman to sign the State of Florida, County of Escambia, Assignment of Advertising Agreements between Martin Mency of Escambia County, LLC, and the Board of County Commissioners of Escambia County.

In May 2011, the two parties entered into a License Advertising Agreement to provide exterior advertising services for fixed-route buses operated by Escambia County Area Transit (ECAT), granting a License to Martin Mency of Escambia County, LLC, to sell third party advertising Contracts. The parties mutually agreed to terminate the License Advertising Agreement, effective October 1, 2012. As part of this termination, Martin Mency of Escambia County, LLC, agrees to transfer all third-party Contracts to the Board of County Commissioners of Escambia County. The following are referred to as Exhibits A-C:

Third Party Advertiser/Contract Term
Exhibit A – Thomas Ueberschaer, PA, 6/24/2012 – 6/24/2013
Exhibit B – Levin Law, 1/5/2012 – 1/5/2013
Exhibit C – Law Office of JJ Talbott, P.A., 5/29/2012 – 5/28/2013

No new Contracts will be issued. Staff is working with ECAT to acquire a new vendor to provide exterior advertising services.
 
12. 3887   Recommendation Concerning the Request for Disposition of Property for the Public Works Department - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve a Request for Disposition of Property Form for the Public Works Department indicating one item to be properly disposed of, which is described and listed on the Request Form, with reason for disposition stated.

The surplus property listed on the Request for Disposition of Property Forms has been checked, declared surplus, and is to be sold or disposed of, as listed on the supporting documentation. The Request Form has been signed by all applicable authorities, including the Department Director and the Interim County Administrator.
 
13. 3903   Recommendation Concerning a Resolution Supporting the Second Amendment to the Constitution of the United States - Commissioner Wilson B. Robertson, District 1

That the Board adopt and authorize the Chairman to sign the Resolution supporting the Second Amendment to the Constitution of the United States.
 
14. 3909   Recommendation Concerning an Appointment to the Early Learning Coalition of Escambia County - Commissioner Steven L. Barry, District 5

That the Board confirm the appointment of Robert Cothran to replace Commissioner Steven L. Barry on the Early Learning Coalition of Escambia County, to serve as Commissioner Barry's designee, with the term of office to begin February 21, 2013, and to run concurrent with Commissioner Barry's term of office (November 2016) or at his discretion.
 
  II.  Budget/Finance Consent Agenda
 
1. 3807   Recommendation Concerning Supplemental Budget Amendment #080 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #080, State Housing Initiatives Partnership Program (SHIP) Fund (120) in the amount of $119,618, to recognize the award of 2013 SHIP funds by Florida Housing Finance Corporation (FHFC) and to appropriate these funds for the 2013 SHIP Program.
 
2. 3881   Recommendation Concerning Supplemental Budget Amendment #097 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #097, Local Option Sales Tax III Fund (352) in the amount of $116,372, to recognize reimbursements received from Emerald Coast Utilities Authority (ECUA) under cost sharing agreements for the Beach Haven Northeast Drainage project and Ensley Drainage Improvements project, and to appropriate these funds back to the Local Option Sales Tax III Fund (352).
 
3. 3859   Recommendation Concerning the Surplus and Sale of Real Property Located at 721 West Lee Street that has Escheated to the County - 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 721 West Lee Street that has escheated to the County:

A. Declare surplus the Board’s real property, Account Number 14-4014-000, Reference Number 00-0S-00-9050-009-033;

B. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid of $43,164, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

C. Authorize the Chairman to sign all documents related to the sale.
 
4. 3863   Recommendation Concerning the Sale and the Waiver and Release on Real Property Located at 5100 Commerce Park Circle - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the sale and the Waiver and Release on real property located at 5100 Commerce Park Circle, Account Number 04-0861-851, Reference Number 39-1S-30-0200-012-002:

A. Adopt the Waiver and Release, which was approved by the Escambia County Legal Department, concerning the Amendments to Use Regulations and Restrictive Covenants Applicable to Portions of Marcus Pointe Commerce Park, recorded in Official Records Book 4029, at Page 87, which expired on January 1, 2010; and

B. Waive its right to repurchase Lot 12, Block B, Marcus Point Commerce Park and authorize the sale from its current owner to Cumulus Broadcasting, LLC.
 
5. 3870   Recommendation Concerning the Termination of Contract PD 11-12.064, Jaunita Williams Park Parking Lot & Dock - Amy Lovoy, Management and Budget Services Department Director

That the Board terminate the Contract, PD 11-12.064, Jaunita Williams Park Parking Lot & Dock, between Starfish, Inc., of Alabama and Escambia County, and prohibit the participation of Starfish, Inc., of Alabama in the re-bid of the Project. The Contract was awarded on November 1, 2012, to Starfish, Inc., of Alabama, for the amount of $136,626.25, based on the bid received on October 17, 2012.

[Funding: Fund 151, Community Redevelopment Fund, Cost Center 220516, Object Code 56301]
 
6. 3895   Recommendation Concerning the Purchase of Two Special Needs Transit Vehicles - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the County to piggyback off of the State of Florida Department of Transportation Public Transit Office Contract #TRIPS-12-SNV-CBS, in accordance with the Escambia County Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Applications and Exemptions; and Section 46-64, Board approval, and award a Purchase Order for two Special Needs Transit Vehicles, models VPG DX, with CNG, and REI reverse camera and monitor system backup options, PD 12-13.021, to Transit Plus, Inc., in the amount of $119,046.

[Funding: Fund 320, FTA Capital Project Fund, Cost Center 320410, Object Code 56401]
 
7. 3874   Recommendation Concerning Three Off-System Project Agreements Between FDOT and Escambia County, Related to the Replacement and Maintenance of Three Escambia County Bridges - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning three Off-System Project Agreements between the State of Florida Department of Transportation (FDOT) and Escambia County, related to the replacement and maintenance of Bayou Grande Bridge on CR 292A (#480096), Unnamed Branch Bridge on Stefani Road (#480041), and Unnamed Branch Bridge on Brickyard Road (#484053):

A. Approve the State of Florida Department of Transportation Off-System Project Agreements between FDOT and Escambia County, related to the replacement and maintenance of Bayou Grande Bridge #480096, Unnamed Branch Bridge #480041, and Unnamed Branch Bridge #484053;

B. Adopt the Resolutions authorizing the Agreements; and

C. Authorize the Chairman or Vice Chairman to execute the documents.

[Funding Source: Fund 175, “Transportation Trust Fund,” Accounts 210402/54601]

The following three bridges located in Escambia County, and not on the State Highway System, will be replaced by FDOT: Bayou Grande Bridge #480096, Unnamed Branch Bridge #480041, and Unnamed Branch Bridge #484053. According to FDOT criteria, these bridges have reached a level of deterioration to warrant replacement and are next on the list for FDOT's 5-Year Work Plan. The construction plans, referred to in the Agreements as "Exhibit A," (blank page is marked "APPENDIX A") are confidential documents protected by Florida Statutes 119.07(3)(a) - 119.07(3)(b), and are exempt from public inspection. Therefore, the attachments referenced in the Agreements have been intentionally excluded. Upon Board approval of the Agreements, adoption of the Resolutions, and FDOT's completion of the structures, Escambia County will be responsible for maintenance of the bridges.
 
8. 3835   Recommendation Concerning Renaming the Escambia County Equestrian Center - Commissioner Wilson B. Robertson, District 1

That the Board adopt and authorize the Chairman to sign the Resolution naming the Escambia County Equestrian Center as the "James C. Robinson Escambia County Equestrian Center."

[Funding Source: Fund 352, LOST III, Cost Center 350231 – Equestrian Center LOST, Project 08PR0031 – Equestrian Center]
 
9. 3894   Recommendation Concerning Collection of an Outstanding Debt from Titan Waste Services, Inc. – George Touart, Interim County Administrator

That the Board authorize the County Attorney’s Office to pursue the County’s legal remedies to collect an outstanding debt from Titan Waste Services, Inc., totaling $105,483.44, through negotiation and, if unsuccessful, through the filing of a lawsuit in the Circuit Court of Escambia County, Florida.

[The amount totaling $105,483.44 will be placed in Fund 401, Solid Waste, Account Number 343405, when collected]
 
10. 3769   Recommendation Concerning Approval of the Transitional Housing Ownership Transfer Agreement with The Children’s Home Society of Florida and Hope Center for Teens, Inc. - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning the Transitional Housing Ownership Transfer Agreement (Children's Home Society) with The Children’s Home Society of Florida and Hope Center for Teens, Inc.:

A. Approve the Transitional Housing Ownership Transfer Agreement with The Children’s Home Society of Florida and Hope Center for Teens, Inc., detailing requirements for the transfer of the Hurricane Housing Recovery Program (HHRP) assisted property and facility located at 51 East Pinestead Road (Property Reference #271S301202008001), from Hope Center for Teens, Inc., to The Children’s Home Society of Florida; and

B. Authorize the Chairman or Vice Chairman to execute the subject Agreement and all related documents required to complete the transfer of the property, including any actions that may be required of the County Attorney’s Office.

[Funding: Not Applicable]
 
11. 3794   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 205 Rue Max Street - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 205 Rue Max Street:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Whitney Vaughan Fike, the owner of residential property located at 205 Rue Max Street, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $950 representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
12. 3827   Recommendation Concerning Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements for 3700 North Palafox Street - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements for the property located at 3700 North Palafox Street:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements between Escambia County CRA and Underwood Group l, LLC, owner of commercial property located at 3700 North Palafox Street, Pensacola, Florida, in the Palafox Redevelopment Area, each in the amount of $10,000, representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301, and/or Neighborhood Enterprise Foundation, Inc. (NEFI), 2010 Community Development Block Grant (CDBG), Fund 129, Cost Center 220435, Object Code 58301, for replacing existing soffit and trim and painting the building exterior; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
13. 3830   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 2 Victoria Place - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 2 Victoria Place:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Karen S. Kriegel, the owner of residential property located at 2 Victoria Place, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $2,400, representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
14. 3832   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 123 Southeast Gilliland Road - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 123 Southeast Gilliland Road:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Richard C. and Anita G. Hyder, the owners of residential property located at 123 Southeast Gilliland Road, Pensacola, Florida, in the Warrington Redevelopment Area, each in the amount of $650 representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
15. 3833   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 132 Marine Drive - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 132 Marine Drive:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Edrina L. Brown, the owner of residential property located at 132 Marine Drive, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,238, representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
16. 3842   Recommendation Concerning Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements for 2102 West Town Street - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade, Landscape, and Infrastructure Grant Funding and Lien Agreements for the property located at 2102 West Town Street:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements between Escambia County CRA and Family Practice Clinic, Inc., owner of commercial property located at 2102 West Town Street, Pensacola, Florida, in the Palafox Redevelopment Area, each in the amount of $10,000, representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301, for parking lot improvements to include pervious pavers; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
17. 3727   Recommendation Concerning Approval of the 2012/2013 Emergency Solutions Grant Agreement with Loaves and Fishes Soup Kitchen, Inc. - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning the 2012/2013 Emergency Solutions Grant (ESG) Agreement with Loaves and Fishes Soup Kitchen, Inc.:

A. Approve an Agreement with Loaves and Fishes Soup Kitchen, Inc., detailing the utilization of a maximum of $87,690, to support salary and/or operational costs of the Loaves and Fishes Homeless Center located at 257 East Lee Street; and

B. Authorize the Chairman or Vice Chairman to execute the subject Agreement and all related documents required to complete the project.

[Funding: Fund 110, Other Grants and Projects Fund, Emergency Solutions Grant (ESG), Cost Center 220556]
 
18. 3809   Recommendation Concerning the Renewal of the Navy Park Plaza Lease, for the Lease of Property for the Escambia County Health Department - David W. Wheeler, CFM, Facilities Management Director

That the Board take the following action concerning the renewal of the Navy Park Plaza Lease between Escambia County and Navy Park Partnership for the property located at 3960 Navy Boulevard, Units 1 and 2, Building "A", for the Escambia County Health Department:

A. Authorize exercising the option to renew the Navy Park Plaza Lease for the term of two years, at the rate of $2,165 a month, to be paid by the Escambia County Health Department; and

B. Authorize the Interim County Administrator or his designee to complete the necessary documents required.

[No impact to Escambia County Board of Commissioners' Budget; lease payments to be made by the Escambia County Health Department]
 
19. 3857   Recommendation Concerning the Perdido Landfill Forest Biomass Sale - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning the Perdido Landfill Forest Biomass Sale:

A. Accept the Request for Quote, submitted by Easterling Bros. & Sons, Inc., the highest apparent responsive and responsible bidder, in the amount of $0.55 per ton, for the harvesting and purchase of understory/timber on approximately 262 acres of Escambia County property, located on certain tracts of land belonging to the County and described as follows:

Section 32, Township 1 North, Range 31 West, 1401-000-000
Section 32, Township 1 North, Range 31 West, 1101-000-000
Section 32, Township 1 North, Range 31 West, 1201-000-000
Section 32, Township 1 North, Range 31 West, 2202-000-000

B. Approve the Agreement for Sale of Biomass Material between Escambia County and Easterling Bros. & Sons, Inc.; and

C. Authorize the Chairman to sign the Agreement and all necessary legal documents relating to the sale of the biomass material.

[Funding: Fund 401, Solid Waste]
 
20. 3612   Recommendation Concerning Acquisition of Property Located on Blue Angel Parkway from 21st Century Marble, Inc. - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the acquisition of a parcel of real property (approximately 0.58 acres), located on Blue Angel Parkway, from 21st Century Marble, Inc.:

A. Authorize the purchase of a parcel of real property located in the 6100 Block of Blue Angel Parkway (approximately 0.58 acres), for the appraised value of $61,000, from 21st Century Marble, Inc., in accordance with the terms and conditions contained in the Contract for Sale and Purchase;

B. Approve the Contract for Sale and Purchase for the acquisition of a parcel of real property located in the 6100 Block of Blue Angel Parkway (approximately 0.58 acres); and

C. Authorize the County Attorney's Office to prepare, and the Chairman or Vice-Chairman to execute, any documents necessary to complete the acquisition of this property without further action of the Board.

[Funding Source: Fund 352, "LOST III," Accounts 210107/56101/56301, Project No. 11EN1141]

Barefoot Estates Subdivision, east of Blue Angel Parkway, has a history of stormwater drainage issues which include flooding of houses and infrastructure. An effort to alleviate some of these problems will require acquisition of additional property for stormwater retention. The property (approximately 0.58 acres) owned by 21st Century Marble, Inc., lies adjacent to an existing County retention pond that is in need of expansion to allow more capacity for stormwater retention.

Pursuant to the Board's adoption of the Policy for Real Property Acquisitions Related to Roads and Drainage Projects, dated April 21, 2011, staff entered into negotiations with 21st Century Marble, Inc., to acquire their property located in the 6100 Block of Blue Angel Parkway. Staff had an appraisal performed by Brantley & Associates, dated September 29, 2011, which placed a value of $61,000 on the parcel. The owners indicated that they were amenable to accepting this amount. Staff prepared, and the property owners agreed to, the terms and conditions contained in the Contract for Sale and Purchase, with the understanding that this acquisition requires final Board approval. The Contract for Sale and Purchase includes an offer to purchase the property for the appraised value of $61,000, with the owners/sellers being responsible for payment of documentary stamps and other closing costs. Staff is requesting Board approval of this acquisition and the Contract for Sale and Purchase.
 
21. 3873   Recommendation Concerning Resolutions Regarding Three Off-System Project Agreements Between FDOT and Escambia County, Related to the Replacement and Maintenance of Three Escambia County Bridges - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning three Resolutions reaffirming three Off-System Project Agreements between the State of Florida Department of Transportation (FDOT) and Escambia County, related to the replacement and maintenance of the Bridge on the West Fork of Boggy Creek on CR 97A (#480106), Brushy Creek Bridge on Pineville Road (#484007), and an Unnamed Branch Bridge on Becks Lake Road (#484036):

A. Adopt the three Resolutions reaffirming approval of the Off-System Project Agreements between FDOT and Escambia County, related to the replacement and maintenance of the Bridge on the West Fork of Boggy Creek on CR 97A (#480106), Brushy Creek Bridge on Pineville Road (#484007), and an Unnamed Branch Bridge on Becks Lake Road (#484036), which were executed by the Chairman of the Board on October 18, 2012, executed by FDOT on November 7, 2012, and recorded in the Clerk's Official Records on December 11, 2012; and

B. Authorize the Chairman or Vice Chairman to execute the documents.

Three Off-System Agreements executed by the Chairman of the Board on October 18, 2012, and by FDOT on November 7, 2012, and recorded in the Clerk's Official Records on December 11, 2012, were processed without adoption of Resolutions. FDOT has requested the Board's adoption of the Resolutions.
 
22. 3921   Recommendation Concerning the Lake Stone Campground Facility Management Agreement - Michael Rhodes, Parks & Recreation Department Director

That the Board approve the Agreement between Escambia County Board of County Commissioners and Mervyn Leroy Simmons for the Management of the Lake Stone Campground Facility and authorize the Interim County Administrator to sign the Agreement.

[Funding Source: Fund 001, General Fund, Lake Stone Cost Center 350204 = $10,200, paid via 12 monthly installments of $850]
 
  III. For Discussion
 
1. 3899   Recommendation Concerning Appointments to the West Florida Public Library Board of Governance - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board appoint to the West Florida Public Library Board of Governance (Library Board of Governance), from the following list of ten applicants, two individuals to serve for an initial three-year term, effective March 1, 2013, through April 30, 2016, and one individual to serve for an initial two-year term, effective March 1, 2013, through April 30, 2015:

A. Alexa Canady-Davis, M.D.;
B. David J. Bryant;
C. Frances Yeo;
D. Grant Erbach;
E. Joe Vinson;
F. Lynne C. Tobin;
G. Rodney P. Guttmann, Ph.D.;
H. Rodney L. Kendig;
I. Steve Marvin; and
J. Tristessa C. Osborne.*

*Ineligible for appointment as a non-resident of Escambia County, Section 1-20(c)(1), Escambia County Code of Ordinances
 
2. 3871   Recommendation Concerning the Award of the Agreement for Lobbyist Services for the Deepwater Horizon Oil Spill and RESTORE Act - Amy Lovoy, Management and Budget Services Department Director

That the Board award and authorize the Interim County Administrator to sign the Agreement for Lobbyist Services for the Deepwater Horizon Oil Spill and RESTORE Act, PD 12-13.009, to SCG Governmental Affairs, LLC, (Southern Consulting Group) for a period of 6 months, for a fee of $4,000 per month, with options to extend for a maximum period of 36 months.

[Funding: Fund 001, General Fund, Cost Center 110201, Object Code 53101]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 3897   Recommendation Concerning Settlement of Workers Compensation Claim Involving Eric Williamson

That the Board approve a washout workers compensation settlement for former corrections officer Eric Williamson in the amount of $167,146.00. In exchange for this settlement, Mr. Williamson will execute a general release of liability on behalf of Escambia County.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 
 

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