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AGENDA
Board of County Commissioners
Regular Meeting – January 2, 2014 – 5:30 p.m.
Ernie Lee Magaha Government Building – First Floor
 
             
1.   Call to Order.

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

The Board of County Commissioners allows any person to speak regarding an item on the Agenda. The speaker is limited to three (3) minutes, unless otherwise determined by the Chairman, to allow sufficient time for all speakers. Speakers shall refrain from abusive or profane remarks, disruptive outbursts, protests, or other conduct which interferes with the orderly conduct of the meeting. Upon completion of the Public comment period, discussion is limited to Board members and questions raised by the Board.
 
2.   Invocation – Commissioner May.
 
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. 5505   Proclamations.

Recommendation: That the Board take the following action concerning the following three Proclamations:

A. Adopt the Proclamation commending and congratulating Eddie Wehmeier on his selection as the “Employee of the Month” for December 2013;

B. Adopt the Proclamation commending and congratulating Naomi Allen, Maggie Player, and Gillian Werner for their volunteerism, spirit of excellence and perseverance, and for their completion of their Soles4Soles service project that improved the lives of so many youths and others worldwide; and

C. Adopt the Proclamation extending the Board's appreciation and congratulations to the Pensacola Beach Chamber of Commerce for a job well done.
 
7. 5499   Retirement Proclamations.

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

A. The Proclamation commending and congratulating Margaretta Frymire, Law Librarian, Corrections Department, on her retirement after 17 years of service;

B. The Proclamation commending and congratulating Larry Kent, Emergency Medical Specialist, Public Safety Department, on his retirement after 20 years of service; and

C. The Proclamation commending and congratulating Douglas Smith, Detention Deputy, Corrections Department, on his retirement after 17 years of service.
 
8.   Did the Clerk’s Office receive the proofs of publication for the Public Hearing(s) on the agenda and the Board’s Weekly Meeting Schedule?

Recommendation: That the Board waive the reading of the legal advertisement(s) and accept, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners – Escambia County, Florida, Meeting Schedule.
 
9.   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. 5470   Recommendation Concerning Acceptance of October 2013 TDT Collections Data

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the October 2013 returns received in the month of November 2013, as prepared by the Finance Department of the Clerk and Comptroller’s Office; this is the second month of collections for the Fiscal Year 2013-2014; total collected for the October 2013 returns was $447,045.85; this is 3.10% increase over the October 2012 returns; total collections year to date are .42% less than the comparable time frame in Fiscal Year 2012-2013.
 
2. 5478   Recommendation Concerning Acceptance of November 2013 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended November 30, 2013, as required by Ordinance Number 95-13; on November 30, 2013, the portfolio market value was $197,209,879 and portfolio earnings totaled $221,670 for the month and $460,700 year-to-date; the short term portfolio yield was 0.15%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.03%; the long-term CORE portfolio achieved a total return of 0.17%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of 0.12%.
 
3. 5468   Recommendation Concerning Transfer of Machinery and Equipment to the Sheriff's Office

That the Board approve the transfer of equipment from the Board's Fixed Asset Inventory Records to the Escambia County Sheriff's Office, as of September 30, 2013, in the amount of $2,602,865.63.
 
4. 5462   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 Multi-Year Joint Participation Agreement Notification of Funding LOA #33, as executed by the Vice Chairman on October 18, 2013, based on the Board's September 15, 2011, approval of Public Transportation Joint Participation Agreement Number 421368284, and received in the Clerk to the Board's Office on December 6, 2013;

B. The Santa Rosa Island Authority, A Component Unit of Escambia County, Florida, Financial Statements and Supplementary Information September 30, 2013 and 2012, 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 13, 2013;

C. The Pensacola-Escambia County Promotion and Development Commission Pensacola, Florida, Financial Statements September 30, 2013, 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 13, 2013; and

D. Closing documents relating to the purchase of property, located at 3810 Frontera Circle, from George E. Thomas, as approved by the Board on May 2, 2013, and received in the Clerk to the Board's Office on December 18, 2013.
 
5. 5469   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 Regular Board Meeting held December 5, 2013;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held December 5, 2013; and

C. Accept, for filing with the Board's Minutes, the Report of the Joint Board of County Commissioners/Escambia County Planning Board Committee of the Whole Workshop held October 29, 2013.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearings
 
1. 5477   Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on December 2, 2013 and Santa Rosa Island Authority on November 20, 2013

That the Board take the following action concerning the rezoning cases heard by the Planning Board on December 2, 2013 and the Santa Rosa Island Authority on November 20, 2013:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2013-21, Z-2013-22, Z-2013-23, Z-2013-25, Z-2013-26 or remand the cases back to the Planning Board; and
  2. Review and either adopt, modify, or overturn the Santa Rosa Island Authority’s recommendations for Rezoning Case PB-2013-01 or remand the case back to the Santa Rosa Island Authority; and
  3. 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-2013-21
    Address: 6800 & 6806 Pine Forest Rd
    Property Reference No.: 25-1S-31-4301-000-001
    25-1S-31-4301-000-000
    Property Size: 1.48 (+/-) acres
    From: C-1, Retail Commercial District (cumulative) (25 du/acre)
    To: C-2NA, General Commercial and Light Manufacturing District, Bars, Nightclubs, and Adult Entertainment are Prohibited Uses (cumulative)
    (25 du/acre)
    FLU Category: MU-U, Mixed-Use Urban
    Commissioner District: 1
    Requested by: Gary Sapp, Owner
    Planning Board Recommendation: Approved
    Speakers: David Sapp
    2. Case No.: Z-2013-22
    Address: 2842 Nowak Dairy Rd
    Property Reference: 36-1N-31-2000-000-000
    Property Size: 12.31 (+/-) acres
    From: VAG-2, Villages Agriculture Districts, Gross Density (one du/five acres)
    To: VR-1, Villages Rural Residential Districts, Gross Density (one du/four acres)
    FLU Category: MU-S, Mixed Use Suburban
    Commissioner District: 5
    Requested by: Sean and Elizabeth Vinaja, Owners
    Planning Board Recommendation: Approved
    Speakers: Elizabeth Vinaja
    3. Case No.: Z-2013-23
    Address: Airway Drive
    Property Reference: 12-1S-30-2001-001-001
    Property Size: 68.00 (+/-) acres
    From: S-1, Outdoor Recreational District (noncumulative)
    To: R-5, Urban Residential/Limited Office District, (cumulative) High Density
    FLU Category: MU-U, Mixed-Use Urban
    Commissioner District: 3
    Requested by: Wiley "Buddy" Page, Agent for Smart Living, LLC
    Planning Board Recommendation: Approved
    Speakers: Buddy Page, David Jewell, Suzanna Ellard, Gary Watson
    4. Case No.: Z-2013-25
    Address: 5580 Pensacola Blvd
    Property Reference: 47-1S-30-1101-002-064
    Property Size: 1.64 (+/-) acres
    From: C-1, Retail Commercial District (cumulative)(25 du/acre)
    To: C-2NA, General Commercial and Light Manufacturing District, Bars, Nightclubs, and Adult Entertainment are Prohibited Uses (cumulative)
    (25 du/acre)
    FLU Category: C, Commercial
    Commissioner District: 3
    Requested by: Harry Bell Jr., Agent for James D. Kemp, Owner
    Planning Board Recommendation: Approval
    Speakers: Harry Bell Jr.
    5. Case No.: Z-2013-26
    Address: Mobile Hwy
    Property Reference: 39-1S-31-1302-000-001
    Property Size: 4.51 (+/-) acres
    From: C-1, Retail Commercial District (cumulative) and R-2, Single-Family District (cumulative), Low-Medium Density
    To: R-3 One-Family and Two-Family District, (cumulative) Medium Density
    FLU Category: MU-U, Mixed-Use Urban
    Commissioner District: 1
    Requested by: Steven D. White, Agent for James and Lianna Nash, Owners
    Planning Board Recommendation: Approval
    Speakers: Steven D. White
    6. Case No.: PB 2013-01
    Address: Morgan Park, Pensacola Beach Blvd
    Property Reference: 28-2S-26-0900-000-000
    Property Size: .50 (+/-) acres
    From: Con/Rec-PB, Conservation/Recreation
    To: PR-PB, Preservation
    FLU Category: Rec, Recreation
    Commissioner District: 4
    Requested by: Paolo Ghio, Santa Rosa Island Authority
    Recommendation: Approval
    Speakers: Paolo Ghio, Reid Harwell, Deanna Harwell.
 
2. 5487   5:45 p.m. A Public Hearing for Consideration for 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 2, 2013 and Santa Rosa Island Authority on November 20, 2013; and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 5460   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map.

That Board of County Commissioners (BCC) review and adopt the Large Scale Amendment (LSA) 2013-01 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 the October 7, 2013 Planning Board meeting, the Board recommended approval to the BCC for transmittal to the Department of Economic Opportunity (DEO). At the November 7, 2013 BCC meeting, the Board approved the transmittal to DEO.
 
  II. Consent Agenda
 
1. 5488   Recommendation Concerning the Scheduling of Public Hearings

That the Board authorize the scheduling of the following Public Hearings for Thursday, January 16, 2014:

A. 5:45 p.m. - A Public Hearing - Review of an Ordinance authorizing transmittal of the Escambia County Comprehensive Plan 2030 to DEO; and

B. 5:46 p.m. - A Public Hearing - Review of an ordinance amending Article 2, Section 2.08.02.E, “Board of County Commissioners review and action on rezonings”.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 5426   Recommendation Concerning Scheduling a Public Hearing Request - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing on January 16, 2014, at 5:33 p.m., to amend the Fiscal Year 2013/2014 Budget to include the fund balance carry forwards.
 
2. 5375   Recommendation Concerning the Solid Waste Annual Dump Dash 5K and Trash-A-Thon Fundraiser Event - Patrick T. Johnson, Solid Waste Management Department Director

That the Board rescind its following action of November 7, 2013, concerning the Solid Waste Annual Dump Dash 5K and Trash-A-Thon Fundraiser Event (Funding: Fund 101, Escambia County Restricted Fund, Cost Center 230317, Solid Waste Fund Raiser):

A. Adopting the Resolution (R2013-131) supporting (authorizing) the Solid Waste Annual Dump Dash 5K and Trash-A-Thon Fundraiser Event (to be held at the Perdido Landfill on November 16, 2013) as a source for significant funding for educational outreach and for the benefit of County services and facilities; and

B. Authorizing the Chairman to sign the Resolution.
 
3. 5430   Recommendation Concerning an Appointment to the Escambia County Disability Awareness Committee - George Touart, Interim County Administrator

That the Board approve the appointment of Arthur R. Nunamaker to the Escambia County Disability Awareness Committee to serve as one of the two "at-large" appointees, for a four-year term, effective January 2, 2013, through January 1, 2017.
 
4. 5431   Recommendation Concerning an Appointment to the Governmental Facilities Leasing Corporation Board of Directors - George Touart, Interim County Administrator

That the Board appoint Joseph A. Maloney to the Governmental Facilities Leasing Corporation Board of Directors, for an indefinite term, effective January 2, 2014.
 
5. 5483   Recommendation Concerning an Appointment to the Escambia County Canvassing Board for the 2014 Elections - George Touart, Interim County Administrator

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

A. Appoint Commissioner Steven L. Barry to serve on the Escambia County Canvassing Board for the 2014 elections. Commissioner Barry would serve during the following elections: the Primary Election on August 26, 2014, and the General Election on November 4, 2014; and

B. Authorize out-of-County travel and funding to a Canvassing Board Workshop scheduled in Orlando, Florida, on Friday, January 31, 2014.
 
6. 5467   Recommendation Concerning the Request for Disposition of Property for the Community & Environment Department - Keith Wilkins, Community & Environment Department Director

That the Board approve the Request for Disposition of Property Form for the Community & Environment Department for property, which is described and listed on the Request for Disposition of Property Form with reason for disposition stated. The listed item has been found to be of no further use to the County; thus, it is requested that it be properly disposed of.
 
7. 5427   Recommendation Concerning the Title VI Plan for Escambia County Area Transit - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Title VI Plan for Escambia County Area Transit (ECAT):

A. Approve the Title VI Plan; and

B. Authorize the Chairman to sign the Title VI Plan.

During the Federal Transit Administration (FTA) triennial audit conducted September 9 - 10, 2013, it was determined that the Title VI Plan pursuant to Title VI of the Civil Rights Act of 1964; Title 49, Chapter 53, Section 5332 of the United States Code; and the FTA's Circular 4702.1B, "Title VI Program Guidelines for Federal Transit Administration Recipients," needed to be updated. The current plan expired on November 30, 2013.

The update to the plan specifically removes all references to Veolia Transportation. All contact information throughout the document was also updated, including non-elected board member positions for the Escambia County Mass Transit Advisory Committee.
 
8. 5489   Recommendation Concerning an Appointment to the Workforce Escarosa Board of Directors - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the appointment of Phyllis P. Gonzalez, Circuit 1 Community Development Administrator, Florida Department of Children and Families (DCF), to the Workforce Escarosa Board of Directors, as a permanent public assistance/DCF representative for an indefinite term, beginning January 2, 2014.
 
9. 5463   Recommendation Concerning Support for Additional Funding on Nine Mile Road - Joy D. Blackmon, P.E., Public Works Department Director

That the Board adopt and authorize the Chairman to sign the Resolution expressing its support for seeking additional funding for construction projects on Nine Mile Road (US Alt 90).
 
  II.  Budget/Finance Consent Agenda
 
1. 5456   Recommendation Concerning the Replacement State of Florida, Division of Emergency Management, Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement for the Community Emergency Response Team Program - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the replacement State of Florida, Division of Emergency Management (FDEM), Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement, Contract Number 14-CI, allocating to Escambia County a Grant totaling $11,200, for the period September 1, 2013, through September 30, 2014:

A. Approve the replacement FDEM Federally-Funded Subgrant Agreement, allocating Grant funding for the Community Emergency Response Team (CERT) Program, identified in Fund 110, Other Grants and Projects Fund, Cost Center 330430, Revenue Account 334248; and

B. Authorize the Chairman or Vice Chairman to sign the replacement Agreement.
 
2. 5459   Recommendation Concerning the Replacement State of Florida, Division of Emergency Management, Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement for the Citizen Corps Program - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the replacement State of Florida, Division of Emergency Management (FDEM), Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement, Contract Number 14-CC, allocating to Escambia County a Grant totaling $11,200, for the period September 1, 2013, through September 30, 2014:

A. Approve the replacement FDEM Federally-Funded Subgrant Agreement, allocating Grant funding for the Citizen Corps Program, identified in Fund 110, Other Grants and Projects Fund, Cost Center 330458, Revenue Account 334251; and

B. Authorize the Chairman or Vice Chairman to sign the replacement Agreement.
 
3. 5495   Recommendation Concerning the Issuance of a Purchase Order for Replacement of the Analog Video Surveillance System at the Public Safety Department - Michael D. Weaver, Public Safety Department Director

That the Board approve the issuance of a Purchase Order to ACC, a Securadyne Systems Company, in the amount of $66,868.74, for the replacement of the Public Safety Department's existing analog video surveillance system with a digital video surveillance system (security camera system), per Quotation No. 78030-5, GSA Contract No. GS-07F-0251N.

[Funding Source: Fund 110, Other Grants and Projects Fund, Cost Center 330236, Domestic Assistance Grant]
 
4. 5464   Recommendation Concerning Supplemental Budget Amendment #060 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #060, Other Grants and Projects Fund (110) in the amount of $30,881, to recognize proceeds from the Florida Department of Health, and to appropriate these funds for the improvement and expansion of pre-hospital Emergency Medical Services (EMS) in Escambia County.
 
5. 5465   Recommendation Concerning Supplemental Budget Amendment #062 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #062, Local Option Sales Tax III Fund (352) in the amount of $257,708, to recognize proceeds from the State of Florida, Division of Emergency Management (FDEM) Subgrant Agreement Number 14HM-2Z-01-XXX, Project Number 1595-27-B, and to appropriate these funds for the Maplewoods Subdivision Drainage Ditch Piping and Ashland Avenue Bridge Enhancements.
 
6. 5418   Recommendation Concerning Rescinding the Action of February 18, 2010, Relating to the Surplus and Sale of 1732 Bainbridge Avenue - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action rescinding the surplus and sale of real property located at 1732 Bainbridge Avenue, due to a Legal description error:

A. Rescind the Board's action of February 18, 2010, concerning the surplus and sale of real property located at 1732 Bainbridge Avenue:

1. Declaring surplus the Board’s real property, Account Number 10-0299-000, Reference Number 35-2S-31-1000-011-040;

2. Authorizing the sale of the property to the bidder with the highest offer received above the minimum bid of $12,350, without further action of the Board; and

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

B. Authorize the refund of the deposit paid ($729.30) by the highest bidder for the purchase of the property;

C. Declare surplus the Board's real property, Account Number 10-0299-000, Reference Number 35-2S-31-1000-011-040;

D. Authorize the sale of the property with the corrected legal description to the highest bidder; and

E. Authorize the Chairman to sign all documents related to the sale.
 
7. 5433   Recommendation Concerning Foreclosure on Property Located at 7051 Beulah Road - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize foreclosure, based on the 2011 Code Enforcement Lien, in the amount of $23,279, recorded in Official Records Book 6833, at Page 880, of the Public Records of Escambia County, Florida, on real property located at 7051 Beulah Road, Account Number 09-0876-170, Reference Number 19-1S-31-2401-000-004, with the current assessed value of $61,137.
 
8. 5484   Recommendation Concerning the Surplus and Sale of Real Property Located at 1050 Muscogee Road - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning real property located at 1050 Muscogee Road:

A. Declare surplus the Board’s real property, Account Number 11-4074-000, Reference Number 17-1N-31-1200-001-004;

B. Authorize this property to be utilized as one of several parcels for use in the Muscogee Road Drainage Improvement Project by the Public Works Department; and

C. Approve the cost of $4,642.50, from Fund 352, LOST III, Account 210107, Object Code 56101, Project #09EN0115.
 
9. 5416   Recommendation Concerning Collection Services for Public Safety - Amy Lovoy, Management and Budget Services Department Director

That the Board award and authorize the Interim County Administrator to sign the Collection Services Agreement, PD 13-14.009, Collection Services for Public Safety, to Affiliated Creditors, Inc., effective February 5, 2014, for a period of 12 months, with an option to extend the Contract for 2 additional 12-month periods, at the commission rate of 12.98% for Primary Placements, in accordance with the terms and conditions of the Agreement.

[Funding: Fund 408, Emergency Medical Service Fund, Cost Center 330603, EMS Billing, Object Code 53401, Other Contractual Services]
 
10. 5490   Recommendation Concerning the Purchase of Two Vehicles for the Facilities Management Department, VE 13-14.001 - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the County to piggyback off of the State of Florida Term Contract #071-000-14-1, in accordance with the Escambia County, Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Application; exemptions; and Section 46-64, Board approval, and award a Purchase Order for two 2014 Ford Super Duty F-250 2WD SuperCab (X2A), for the Facilities Management Department, to Alan Jay Ford Lincoln Mercury, Inc., in the amount of $56,829.20, according to specifications VE 13-14.001.

[Funding: Fund 352, LOST III, Cost Center 110267, Object Code 56401, Project #14PF2638, Libraries/Community Centers]
 
11. 5496   Recommendation Concerning the Beulah Road Resurfacing - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract to Midsouth Paving, Inc., for the Beulah Road Resurfacing, PD 13-14.004, in the amount of $1,274,541.15.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #14EN2615]
 
12. 5481   Recommendation Concerning the Roadway Materials Pricing Agreement - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Contract, PD 13-14.006, Roadway Materials Pricing Agreement, to McDirt Industries, Inc., Roads, Inc., of NWF, Panhandle Grading & Paving, Inc., and Midsouth Paving, Inc., based on the pricing provided, for a term of 12 months with options for 2 additional 12-month periods, up to a maximum term of 36 months.

[Funding: Fund 352, “LOST III,” Cost Center 210107, Object Code 56301, Various Projects, $850,000; Fund 181, “Master Drainage Basins,” Cost Center 210719-210736, Object Code 56301, $50,000; Fund 175, “Transportation Trust Fund,” Cost Center 210402, Object Code 55301, $300,000; Fund 401, Solid Waste Management Fund, Cost Center 230306 (Recycling), Object Code 55301, $50.000; Fund 401, Solid Waste Management Fund, Cost Center 230309 (Closed Landfills), Object Code 55301, $50,000; Fund 401, Solid Waste Management Fund, Cost Center 230314 (Operations), Object Code 55301, $200,000; Fund 401, Solid Waste Management Fund, Cost Center 230315 (Projects), Object Code 55301, $500,000]
 
13. 5486   Recommendation Concerning the Assignment of Contract PD 02-03.79, Professional Services as Governed by Florida Statute 287.055 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve and authorize the Chairman to execute the Contract Modification, providing for administrative changes to PD 02-03.079, Professional Services as Governed by Florida Statute 287.055, between Escambia County, Florida, and Post, Buckley, Schuh & Jernigan, Inc. (d/b/a PBS&J), changing the name to Atkins North America, Inc.
 
14. 5475   Recommendation Concerning a Change Order to Atkins North America, Inc., for the Mahogany Mill Boat Ramp Project - Keith Wilkins, Community & Environment Department Director

That the Board approve and authorize the Interim County Administrator to execute the following Change Order #2 on Contract PD 02-03.079, "Professional Services," for construction, engineering, inspection (CEI), and project management services related to construction of the Mahogany Mill Boat Ramp Project:

Department: Community & Environment
Division: Administration
Type: Addition
Amount: $66,260.52
Vendor: Atkins North America, Inc.
Project Name: Mahogany Mill Boat Ramp Project
Contract: PD 02-03.079
PO #: 121557
CO #: 2
Cost Center for CO: 220102
Original Award Amount: $84,784.16
Cumulative Amount of Change Orders through CO #2: $66,260.52
New Contract Total: $151,044.68

[Funding Source: Fund 352, LOST III, Cost Center 220102, NESD Capital Projects, Project 08NE0018]
 
15. 5440   Recommendation Concerning a Grant Application for the Federal Transit Administration Bus and Facilities Program: Grant 5339 - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a Grant Application for the Federal Transit Administration (FTA) Bus and Facilities Program: Grant 5339 by Escambia County Area Transit (ECAT) for the purchase of 17 bus shelters and the replacement of one Americans with Disabilities Act (ADA) bus:

A. Adopt the Resolution authorizing Escambia County to apply for and accept Grants, make purchases, and expend funds pursuant to Grant awards by the Florida Department of Transportation (FDOT) and the FTA Act of 1964;

B. Authorize the ECAT General Manager to file a Grant Application and Grant Award Execution via the Federal Transportation Electronic Award and Management System (TEAM); and

C. Authorize the Chairman to execute the Resolution and all other required documents pertaining to acceptance and expenditure of Grant funds, including notifications of funding and electronic document filing, pending Legal approval, without further action of the Board.

[Funding: There is no budgetary impact. The $77,705 in Florida Toll Revenue Credits will enable the FTA to fund the entire purchase amount of $310,819]
 
16. 5443   Recommendation Concerning a Grant Application for Federal Transit Administration Bus and Facilities Program: Grant 5310 - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation (FDOT) Grant Application for U.S.C. Section 5310 funding (Federal Transit Administration [FTA] urbanized area funding), to be used by Escambia County for the purchase of six Americans with Disabilities Act (ADA) buses:

A. Adopt the Resolution authorizing Escambia County to apply for and accept certain Grant awards made by FDOT and by the FTA Act of 1964;

B. Authorize the Escambia County Area Transit (ECAT) General Manager to file the Grant Application and Grant Award Execution via the Federal Transportation Electronic Award and Management System (TEAM); and

C. Authorize the Chairman to execute the Resolution and all other required documents pertaining to acceptance and expenditure of Grant funds, including notification of funding and electronic document filing, pending Legal approval, without further action of the Board.

[Funding: The FTA requires that 20% of the Grant amount be matched by local government. FDOT will match 10% of the Grant amount, which leaves a 10% match ($36,000) for Escambia County]

Pensacola Bay Transportation is currently the local paratransit provider. They have 28 vehicles in their fleet. Eleven of those manufactured between 2001 and 2006 have mileage ranging from 288,308 to 458,199. With some of these vehicles presently out of service, Pensacola Bay Transportation is operating with no spare vehicles and no capital replacement plan. FDOT recommends that paratransit vehicles be replaced at five years and/or 200,000 miles. This Application will allow Escambia County to add rolling stock and to begin replacing vehicles as Grant money is available, and will serve as part of the Capital Replacement Plan for the paratransit vehicles.
 
17. 5457   Recommendation Concerning the Local Agency Program Agreement for the Construction and Inspection of Paved Shoulders along Crabtree Church Road - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a Local Agency Program Agreement with the State of Florida Department of Transportation, for funding (not to exceed $1,388,244), for the construction and inspection of paved shoulders along Crabtree Church Road, from Sunshine Hill Road to State Road 97 (Atmore Highway) in Escambia County:

A. Approve the Local Agency Program (LAP) Agreement between the State of Florida Department of Transportation (FDOT) and Escambia County for construction and inspection of paved shoulders along Crabtree Church Road, between Sunshine Hill Road and State Road 97 (Atmore Highway);

B. Adopt a Resolution authorizing the execution of the LAP Agreement; and

C. Authorize the Chairman to sign the LAP Agreement and the Resolution for this Project.

[Funding: A Supplemental Budget Amendment will be prepared by the Management and Budget Department to recognize the funding for the LAP Agreement]

In March 2007, the Office of Transportation and Traffic Operations applied for Transportation Enhancement Program funds through the Florida Department of Transportation. The amount identified for the design portion of the Grant was $138,824. Escambia County was approved for the Grant in November 2009.

The Board of County Commissioners approved the LAP Agreement for the design portion in December 2011.
 
18. 5466   Recommendation Concerning the Section 5311 Program Grant Application - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation (FDOT) Grant Application for U.S.C. Section 5311 funding (Federal Transit Administration [FTA] non-urbanized area funding), to be used by the Community Transportation Coordinator (CTC) and Escambia County Area Transit (ECAT) in the non-urbanized areas of Escambia County, including operation of the fixed route to Century:

A. Adopt the Resolution authorizing Escambia County to apply for and accept certain Grant awards made by FDOT and by the FTA Act of 1964; and

B. Authorize the Chairman to execute the Resolution and all other required documents pertaining to acceptance and expenditure of Grant funds, including notification of funding and electronic document filing, pending Legal approval, without further action of the Board.

[Funding: These funds are included in the ECAT Fiscal Year 2013/2014 Budget. Based upon past years' awards and utilization of funds, ECAT could apply for up to $250,000]

The Section 5311 Non-urbanized Area Formula Program provides Federal operating or capital assistance to eligible recipients who operate/contract public transportation service in non-urbanized areas (rural areas - typically the Century route). Eligible recipients may receive annual Section 5311 allocations to offset operational expenses of public transportation service operated/contracted in non-urbanized areas. Grant recipients must be either a CTC, or an otherwise eligible recipient who maintains a written Coordination Agreement with the CTC. Escambia County is the eligible local recipient of FDOT funding and has a written Contract with the local CTC, Pensacola Bay Transportation, LLC. Escambia County also meets further requirements that Grant recipients must have the requisite fiscal and managerial capability to carry out the Project and the legal authority to receive Federal and State funds.
 
19. 5511   Recommendation Concerning the Acquisition of Property Located at 16447 Perdido Key Drive From the Trust for Public Land - 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 4.13 acres), located at 16447 Perdido Key Drive from the Trust for Public Land:

A. Authorize the purchase of a parcel of real property located at 16447 Perdido Key Drive for the average appraised value of $3,050,000 from the Trust for Public Land;

B. Approve the Purchase and Sale Agreement for the acquisition of a parcel of real property (approximately 4.13 acres), located at 16447 Perdido Key Drive from the Trust for Public Land, in accordance with the terms and conditions contained in the Agreement; and

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

[Funding Source: Fund 352/LOST III/Cost Center 220102, NESD Capital Projects/Object Code 56101/Projects: 12NE1712(Perdido Key Beach Access), 08NE0048 (Primary Dune Restoration), 08NE0072 (Perdido Key HCP), and 08NE0028 (Environmentally Sensitive Lands)]
 
20. 5506   Recommendation Concerning Security Services at the West Florida Public Library - Darlene Howell, Library Administrator

That the Board approve the issuance of a Purchase Order, in excess of $50,000, to Securitas Security Services USA, Inc., PD 10-11-043, to continue to provide security services at the West Florida Public Library, as provided below:

Securitas Security Services USA, Inc. - $50,585.92

[Funding: Fund 113, Library Fund, Other Contractual Services, Cost Center 53401]
 
  III. For Discussion
 
1. 5476   Recommendation Concerning the Chairman’s 2014 Annual Appointments to Boards and Committees - George Touart, Interim County Administrator

That the Board confirm Chairman Lumon J. May's 2014 annual appointments to Boards and Committees on which Commissioners serve, as submitted, effective January 2, 2014.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 5471   Recommendation Concerning the Scheduling of a Public Hearing on January 16, 2014, at 5:34 p.m., for Consideration of Amending the Noise Ordinance.

That the Board authorize the scheduling of a public hearing on January 16, 2014, at 5:34 p.m. to consider amending the Noise Ordinance, Chapter 42, Article III, Sections 42-63 and 42-67 of the Escambia County Code of Ordinances, to define the Core Area of Santa Rosa Island (Pensacola Beach), and establish separate noise restrictions for the commercial and residential areas of Santa Rosa Island.
 
  II.  For Discussion
 
1. 5516   Recommendation Concerning Department of Justice's Proposed Consent Agreement

That the Board discuss the Department of Justice's proposed Consent Agreement related to operations at the Escambia County Jail.
 
2. 5524   Recommendation Concerning a Request of Chumuckla Hunting Club Regarding Property in Santa Rosa County (NOLF-X)

That the Board consider the request of the Chumuckla Hunting Club to continue to hunt on approximately 601 acres in Santa Rosa County.
 
  III. For Information
 
1. 5479   Recommendation Concerning the Opinion in the Matter of Relax Hospitality, LLC, et al., v. Escambia County, et al., Granting Petitioners' Writ of Certiorari

That the Board accept, for filing with the Board's minutes, the attached Opinion in the matter of Relax Hospitality, LLC, and ADX Communications of Escambia, LLC, v. Escambia County, acting by and through its Board of Adjustment, and CEJ South, Inc., filed December 2, 2013, in the Circuit Court of the First Judicial Circuit of Escambia County, Florida, granting Petitioners' Writ of Certiorari.
 
2. 5512   Recommendation Concerning the Florida Department of Juvenile Justice's Reconciliation of Shared Detention Costs with Escambia County for FY 2012-2013.

That the Board accept the following information:

The Department of Juvenile Justice, pursuant to the county cost-share provisions of Section 985.686, Florida Statutes, by which Escambia County is responsible for pre-disposition secure detention costs, issued a letter dated November 27, 2013 with the reconciliation of shared detention costs for FY 2012-2013 which was then revised with a final reconciliation spreadsheet on December 3, 2013. Escambia County is due a credit of $1,721,217.83. The Department of Juvenile Justice has refused to honor the credit alleging that it has no budgeted funds to apply the credit to future payments owed to the Department of Juvenile Justice for FY 2013-2014.

Under the terms of the final reconciliation, an appeal with the Department of Administrative Hearings would have been due no later than December 18, 2013. At the request of the Legislature and Florida Association of Counties, the Florida Department of Juvenile Justice issued a letter dated December 12, 2013 which postponed appeal rights until the 2014 Florida Legislature has met and determined whether or not to fund the credits owed the counties. As an inducement for the counties to forestall an appeal, the DJJ through its Chief of Staff has included this language in the December 12, 2013 letter: "All rights and remedies for the counties originating from the FY 12-13 reconciliations are preserved, and not waived, between now and the date of final agency action stated herein." With this letter in hand, the County can take a wait and see approach while the legislature is in session for 2014 to determine whether it will appropriate monies to fund the credits.

The December 12th DJJ letter has been discussed with Amy Lovoy, Director, Department of Management & Budget Services, and she concurs with postponing an appeal with the Division of Administrative Hearings until such time as the Florida Legislature has determined whether or not to fund the County's credit. In recent telephone conferences with several county attorneys and retained attorneys representing counties affected by the FY 2012-13 reconciliation, a consensus was reached that the counties will preserve all rights and remedies with the DJJ December 12th letter and that the counties should await financial assistance from the legislature during the 2014 session before taking legal action.
 
10.   Items added to the agenda.
 
11.   Announcements.
 
12.   Adjournment.
 

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