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AGENDA
Board of County Commissioners
Regular Meeting – February 6, 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 Barry.
 
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. 5672   Proclamations.

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

A. Adopt the Proclamation extending the Board's congratulations to Anna Bryant for her participation in the Congressional Award Program and being awarded the Bronze, Silver, and Gold Medals;

B. Adopt the Proclamation commending and congratulating Barry Settles on his selection as the “Employee of the Month” for February 2014;

C. Ratify the Proclamation dated January 14, 2014, commending and congratulating Deputy Grand Master Right Worshipful Walter Gulley, Jr., 33º for his service to this community;

D. Ratify the Proclamation dated January 17, 2014, encouraging all citizens to reflect on the great sacrifices and accomplishments of Dr. Martin Luther King, Jr., as we embrace the theme of this year's celebration - "Living the Dream and Working the Vision"; and

E. Ratify the Proclamation dated January 31, 2014, designating February 15-22, 2014, as "National FFA Week" in Escambia County and recognizing and commending the Escambia County, Florida, Chapters of the FFA, their members, their advisors, school administrators, parents, and all who support, promote, and encourage these students of agriscience education on the occasion of the observance of “National FFA Week” (PROCLAMATION TO BE DISTRIBUTED UNDER SEPARATE COVER).
 
7. 5646   Retirement Proclamations.

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

A. Ratify the Proclamation, dated December 20, 2013, commending and congratulating Patricia G. Chunn, Director's Aid, Community and Environment Department, on her retirement after 12 years of service;

B. Adopt the Proclamation commending and congratulating Catherine S. Gomez, Utilities Manager, Facilities Management Department, on her retirement after 20 years of service;

C. Adopt the Proclamation commending and congratulating Ottaway Lawson, Fleet Maintenance Technician, Public Works Department, on his retirement after 7 years of service;

D. Adopt the Proclamation commending and congratulating Francis G. Marquis, Lead Fleet Maintenance Technician, Public Works Department, on his retirement after 15 years of service; and

E. Adopt the Proclamation commending and congratulating John C. Worley, Equipment Operator IV, Public Works Department, on his retirement after 15 years of service.
 
8. 5641   Years of Service Recognition.

Recommendation: That the Board recognize, with a pin and certificate, Valerie C. Jones, Division Manager, Department of Community Affairs, for her dedication in 25 years of service to Escambia County.
 
9.   Written Communication.
 
5657   January 22, 2014 - Communication from Shawn Dennis, Assistant Superintendent, Operations, The School District of Escambia County, to Larry Newsom, Assistant County Administrator, requesting that the Board of County Commissioners approve placing on the November 4, 2014, General Election Ballot a renewal of the one-half cent sales tax levied by the Escambia County School Board.
 
10.   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.
 
11. 5673   5:31 p.m. Public Hearing for consideration of adopting a new Natural Gas Franchise Ordinance for the Town of Century, Florida.

Recommendation: That the Board adopt a new Natural Gas Franchise Ordinance for the Town of Century, Florida.
 
12. 5661   5:32 p.m. Hearing to consider Albert McClammy's Appeal of the Escambia County Contractor Competency Board's Decision.

Recommendation: That the Board uphold the Contractor Competency Board's decision of December 11, 2013, whereby it granted the Motion for Stay filed by Respondents, Timothy L. Duggins and Duggins Carpet Care, Inc., pending the outcome of a related county court matter.
 
13. 5654   5:33 p.m. Hearing to consider Gabrieli A. Davis' Appeal of the Escambia County Contractor Competency Board's Decision.

Recommendation: That the Board uphold the Contractor Competency Board's decision of January 8, 2014, whereby it dismissed Mr. Davis' complaint against David Rademacher and Horizon Sunrooms and Spas, Inc. for lack of probable cause as it failed to substantiate that any violation of Chapter 18 of the Escambia County Code of Ordinances and the Florida Building Code had occurred.

TRANSCRIPTION OF NOTICE TO SHOW CAUSE HEARING WILL BE DISTRIBUTED UNDER SEPERATE COVER.
 
14. 5632   5:34 p.m. Public Hearing 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.

Recommendation: That the Board take the following action concerning 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, FL:

A. Ratify the scheduling and advertising of the 5:34 p.m. Public Hearing on February 6, 2014; and

B. Hold the Public Hearing and authorize 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, Account Number 343402]
 
15.   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. 5606   Recommendation Concerning Acceptance of TDT Collections Data

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the November 2013 returns received in the month of December 2013, as prepared by the Finance Department of the Clerk of Court and Comptroller's Office; this is the third month of collections for the Fiscal Year 2013-2014; total collections for the November 2013 returns was $315,477.54; this is 7.18% less than the November 2012 returns; total collections year to date are 2.18% less than the comparable time frame in Fiscal Year 2012-2013.
 
2. 5663   Recommendation Concerning Acceptance of December 2013 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended December 31, 2013, as required by Ordinance Number 95-13; on December 31, 2013, the portfolio market value was $251,091,789 and portfolio earnings totaled $109,230 for the month and $569,930 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 -0.38%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of -0.48%.
 
3. 5603   Recommendation Concerning Acceptance of a Petition Appealing a Contractor Competency Board Decision

That the Board accept, for filing with the Board's Minutes, a Petition appealing the January 8, 2014, decision of the Escambia County Contractor Competency Board regarding Complaint: Gabrieli A. Davis vs. David Rademacher and Horizon Sunrooms & Spas, Inc. (Certificate of Competency License No.: SS0017), as filed by Dr. Gabrieli A. Davis and received in the Clerk to the Board's Office on January 10, 2014.
 
4. 5671   Recommendation Concerning Acceptance of Resolution R2014-10 Declaration of State of Local Emergency

That the Board accept, for filing with the Board's Minutes, Resolution R2014-10, Declaration of State of Local Emergency, due to the eminent threat posed by Winter Storm, as adopted by the Chairman on January 27, 2014, and filed with the Department of State on January 28, 2014.
 
5. 5650   Recommendation Concerning Acceptance of Document Provided to the Clerk to the Board's Office

That the Board accept, for filing with the Board's Minutes, DEP Agreement No. G0281 Amendment No. 3, as executed by the Chairman on January 3, 2014, based on the Board's action of January 7, 2010, approving the Grant Agreement between the State of Florida Department of Environmental Protection (DEP) and the Board of County Commissioners, in the amount of $630,000, for the Jones Creek East Stream Restoration and Wetland Stormwater Treatment Project, and received in the Clerk to the Board's Office on January 13, 2014.
 
6. 5605   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 January 16, 2014;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held January 16, 2014; and

C. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held January 9, 2014.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 5624   Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on January 7, 2014

That the Board take the following action concerning the rezoning cases heard by the Planning Board on January 7, 2014:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2013-24 and Z-2013-27 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-2013-24
Address: 2842 Nowak Dairy Rd
Property Reference No.: 36-1N-31-2000-000-000 and 36-1N-31-1200-000-000
Property Size: 47.98 (+/-) acres
From: VAG-2, Villages Agricultural Districts Gross Density (one du/five acres)
To: V-1, Villages Single-Family Residential Gross Density (one du/per acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 5
Requested by: Wiley C."Buddy" Page, Agent for Anthony J. Monti, Owner
Planning Board Recommendation: Approval
Speakers: Buddy Page, Jack Walters, Merrie Fox, Riley Robinson, Jeanne Henderly, Karl Henderly, Richard Moye
2. Case No.: Z-2013-27
Address: 6111 W Nine Mile Rd
Property Reference: 06-1S-31-3401-002-001
Property Size: 1.55 (+/-) acres
From: R-R, Rural Residential District (cumulative), Low Density (2 du/acre)
To: C-1, Retail Commercial District (cumulative)(10 du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Marty Donovan, Agent for Betty Jean Perkins, Owner
Planning Board Recommendation: Approval
Speakers: Marty Donovan
 
2. 5627   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 January 7, 2014 and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 5611   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Article 6.05.24

That the Board of County Commissioners (BCC) review and adopt an Ordinance to the Land Development Code (LDC) Article 6.05.24.A to provide a one acre minimum lot size for new subdivisions in V-1 zoning.

This hearing serves as the second of two required public hearings before the Board of County Commissioners (BCC) as set forth in Section 2.08.04 (b) and F.S. 125.66(4)(b).

At the November 4, 2013 Planning Board Meeting, the Board recommended approval.
 
4. 5614   5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Articles 2, Administration and 3, Definitions

That the Board of County Commissioners (BCC) review and adopt, an Ordinance to the Land Development Code (LDC) Articles 2, Administration and 3, Definitions, to add Park Trailers as guest residences due to medical hardship and to provide a definition for Park Trailer.

At the January 7, 2014 Planning Board Meeting, the Board recommended approval.
 
5. 5612   5:48 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Articles 3 and 6

That the Board of County Commissioners (BCC) review an Ordinance to the Land Development Code (LDC) Articles 3, Definitions and 6, Zoning Districts, defining and providing for Materials Recovery Facilities (MRF).

This hearing serves as the first of two required public hearings before the Board of County Commissioners (BCC as set forth in Section 2.08.04 (b) and F.S. 125.66 (4)(b).

At the January 7, 2014 Planning Board Meeting, the Board recommended approval.
 
6. 5638   Cancellation of 5:49 p.m. - A Public Hearing Concerning the Review of WCI- Declaration of Transfer of Density Ratification

That the Board cancel the February 6, 2014, 5:49 p.m. Public Hearing for review of WCI- Declaration of Transfer of Density Ratification.
 
  II.  Action Item
 
1. 5625   A Recommendation Concerning the Review and Approval of the Declaration of Transfer Density and Restrictive Covenants for WCI

That the Board take the following action:

A. Approve the Declaration of Transfer of Density and Restrictive Covenant; and

B. Authorize the Chairman to sign all documents necessary to complete the transaction.
 
  III. Consent Agenda
 
1. 5628   Recommendation Concerning the Scheduling of Public Hearing

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

Tuesday, February 18, 2014

5:45 p.m. - A Public Hearing - LDC Ordinance - Defining and Providing for Materials Recovery Facilities (MRF)
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 5613   Recommendation Concerning the Requests for Disposition of Property for the Office of State Attorney - Bill Eddins, State Attorney

That the Board approve the six Requests for Disposition of Property Forms for the Office of State Attorney, for property which is to be auctioned or properly disposed of, all of which is described and listed on the Forms with the Agency and reason stated.
 
2. 5618   Recommendation Concerning the Request for Disposition of Property for the Escambia County Tax Collector's Office - Janet Holley, CFC, Escambia County Tax Collector

That the Board approve the Request for Disposition of Property Form for the Escambia County Tax Collector's Office for property which is described and listed on the Disposition Form, with reason for disposition stated. The listed item has been found to be of no further usefulness to the County/Tax Collector; thus, it is requested that it be auctioned as surplus or property disposed of.
 
3. 5633   Recommendation Concerning the Request for Disposition of Property for the Solid Waste Management Department - Patrick T. Johnson, Solid Waste Management Department Director

That the Board approve the two Requests for Disposition of Property Forms for the Solid Waste Management Department, for property which is described and listed on the Disposition Form, with reasons for disposition stated. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or properly disposed of.
 
4. 5652   Recommendation Concerning the Revised 2014 Board of County Commissioners' Meeting/Committee of the Whole Workshops Meeting Schedule - Larry M. Newsom, Assistant County Administrator

That the Board approve the Revised 2014 Board of County Commissioners’ Meeting/Committee of the Whole Workshops Meeting Schedule, as submitted, to include the First and Second Budget Public Hearings, scheduled on September 9, 2014, at 5:01 p.m., and September 23, 2014, at 5:01 p.m., respectively.
 
5. 5596   Recommendation Concerning Purchasing Policy PP-065, "Local Preference in the Sealed Bid Process" - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Purchasing Policy, Procedure No.: PP-065, "Local Preference in Sealed Bid Process" to be incorporated into the Policies and Procedures Manual of the Office of Purchasing, with an effective date of October 1, 2013, in accordance with Ordinance 2013-43, Chapter 46, Article II, Section 110, providing for a Local Preference in the Sealed Bid Process enacted on September 16, 2013.
 
6. 5597   Recommendation Concerning Purchasing Policy PP-066, "Local Preference in Vehicle and Equipment Purchases" - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Purchasing Policy, Procedure No.: PP-066, "Local Preference in Vehicle and Equipment Purchases" to be incorporated into the Policies and Procedures Manual of the Office of Purchasing, with an effective date of October 1, 2013, in accordance with Ordinance 2013-43, Chapter 46, Article II, Section 110, providing for a Local Preference in the Sealed Bid Process enacted on September 16, 2013, and a definition for "Local Business."
 
7. 5600   Recommendation Concerning an Appointment to the Escambia County Mass Transit Advisory Committee - Joy D. Blackmon, P.E., Public Works Department Director

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

A. Confirm the appointment of Ms. Deborah J. Corbin, as the Mayoral appointee from the City of Pensacola, to the Escambia County Mass Transit Advisory Committee, with an appointment effective February 6, 2014, and running concurrently with the term of the current Mayor of the City of Pensacola, Mr. Ashton J. Hayward, III; and

B. Request that the County Administrator's Office provide a Letter of Appointment to Ms. Deborah J. Corbin and a Letter of Appreciation to Mr. Stephen Davidson for his service.

The previous appointee, Mr. Stephen Davidson, resigned his appointment.

Ms. Corbin submitted a Resume, expressing interest in the appointment to serve on the MTAC; at this time, Mayor Hayward would like to appoint Ms. Corbin to replace Mr. Davidson.
 
8. 5668   Recommendation Concerning Appointments to the Board of Adjustment and the Santa Rosa Island Authority - Larry M. Newsom, Assistant County Administrator

That the Board take the following action concerning appointments to the Board of Adjustment and the Santa Rosa Island Authority:

A. Confirm the appointment of Frederick J. Gant, to the Escambia County Board of Adjustment, to serve as Commissioner Lumon J. May's appointee, replacing Jerome Ellis Watson, who resigned. The term of the appointment will be effective February 6, 2014, and will run concurrently with Commissioner May's term of office (November 2016) or at his discretion; and

B. Confirm the appointment of Jerome Ellis Watson, to the Santa Rosa Island Authority, to serve as Commissioner Lumon J. May's appointee, replacing Frederick J. Gant, who resigned. The term of the appointment will be effective February 6, 2014, and will run concurrently with Commissioner May's term of office (November 2016) or at his discretion.
 
9. 5635   Recommendation Concerning the Approval of Boston Mutual Life Insurance Company as a Voluntary Vendor - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board approve Boston Mutual Life Insurance Company as a voluntary vendor to sell Whole Life Insurance Policies to our employees.
 
  II.  Budget/Finance Consent Agenda
 
1. 5607   Recommendation Concerning the Write-Off of Accounts Receivable Recorded in the Emergency Medical Service Fund as Uncollectible Bad Debts - Michael D. Weaver, Public Safety Department Director

That the Board adopt the Resolution authorizing the write-off of $996,798.91 in accounts receivable that have been recorded in the Emergency Medical Service Fund of Escambia County and have been determined to be uncollectible bad debts.
 
2. 5631   Recommendation Concerning an Application for a Certificate of Need for Pat's Bobcat Service, Inc., d/b/a Deep South Containers, LLC - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning an Application for a Certificate of Need for a Solid Waste Management Activity for Pat's Bobcat Service, Inc., d/b/a Deep South Containers, LLC:

A. Approve the Application for a Certificate of Need, permitting Pat's Bobcat Service, Inc., d/b/a Deep South Containers, LLC, to operate in Escambia County; and

B. Authorize the Chairman to sign the Certificate.

[Funding: Fund 401, Solid Waste Fund, Account No. 343402]
 
3. 5636   Recommendation Concerning Budget Amendment #83 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #83, Local Option Sales Tax III (LOST) Fund (352) in the amount of $163,154, allocating funds from Parks LOST to establish a full-time Community Center Coordinator Position and establishing a new Cost Center to track Community Affairs LOST Projects.
 
4. 5643   Recommendation Concerning Supplemental Budget Amendment #084 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #084, General Fund (001) in the amount of $118,868, to recognize reimbursement proceeds from off-duty officer, auto insurance, and miscellaneous Sheriff's Fees. These funds must now be recognized and appropriated back into the Sheriff's Budget for law enforcement activities in Escambia County.
 
5. 5656   Recommendation Concerning Supplemental Budget Amendment #88 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #88, Local Options Sales Tax III Fund (352) in the amount of ($257,708), reducing the amount of funds remaining in the Maplewoods Grant and appropriating this reduction accordingly.
 
6. 5619   Recommendation Concerning the Design/Build of Myrtle Grove Sidewalks and Drainage - Amy Lovoy, Management and Budget Services Department Director

That the Board award, and authorize the County Administrator to sign, a Design/Build Contract to Panhandle Grading & Paving, Inc., per the terms and conditions of PD 12-13.051, Design/Build Myrtle Grove Sidewalks and Drainage, in the amount of $896,575.

[Funding: Fund 352, LOST III, Cost Center 210517, Object Code 56301, Project No. 13EN2432]
 
7. 5599   Recommendation Concerning Roadway Materials Pricing Agreements - Amy Lovoy, Management and Budget Services Department Director

That the Board ratify the Roadway Materials Pricing Agreements, pursuant to the Board's award on January 2, 2014, of an Indefinite Quantity, Indefinite Delivery Contract to McDirt Industries, Inc.; Roads, Inc., of NWF; Panhandle Grading & Paving, Inc.; and Midsouth Paving, Inc., for PD 13-14.006, Roadway Materials Pricing Agreement, based on the pricing provided and shall extend for a period of 12 months, with the potential to be for additional 12- month periods, up to a maximum 36 months, renewed upon mutual agreement of both parties.

[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]
 
8. 5609   Recommendation Concerning Professional Services as Governed by Florida Statute 287.055 - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning Professional Services as Governed by Florida Statute 287.055:

A. Award and authorize the County Administrator to sign Task Order-based Continuing Contracts to Larry M. Jacobs and Associates, Inc., per PD 02-03.79, Professional Services as Governed by Florida Statute 287.055 (A&E Services), on a “Maximum Ceiling” basis fee schedule, as follows:
  • Maximum Overhead – 168%
  • Maximum Profit – 12%
  • Maximum FCCM – 1.50%
  • Maximum Multiplier – 281.5% (providing no single item above is exceeded)
  • Existing Hourly Rates for each firm (based on an audited or auditable financial package)
B. Authorize the Department(s), in conjunction with the Office of Purchasing, to negotiate Task Orders, according to Florida Statute 287.055 “Consultants’ Competitive Negotiation Act” (A&E Services), on a project-by-project basis.

[Funding: Funds to be budgeted for on an annual basis]
 
9. 5647   Recommendation Concerning Solid Waste Department Vehicle Purchase #2 – Caterpillar 336EL Hybrid Hydraulic Excavator - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the purchase of one Caterpillar 336EL Hybrid Hydraulic Excavator from Thompson Tractor Company, for the amount of $319,884, per the terms and conditions of Governmental Contract Initiative (GOV-13-TUCS) with the City of Tucson/National IPA Contract - RFP#120377. In compliance with the Local Preference Initiative, this equipment purchase was posted on the County website for 30 days. No proposals were received.

[Funding: Fund 401, Solid Waste Fund, Cost Center 230314, Object Code 56401)
 
10. 5595   Recommendation Concerning the Agreements Relating to Escambia County Florida Grounds Mowing and Trimming for Athletic Parks - Amy Lovoy, Management and Budget Services Department Director

That the Board award the Agreement Relating to Grounds Mowing and Trimming for Athletic Parks PD 13-14.008, Escambia County, Florida, Parks and Recreation Grounds Mowing and Trimming, for Zones 1, 2, 3, 4, 5, and 6, to the following Contractors for a term of 12 months, with option to renew for 2 additional 12-month extensions:

A. Agreement for Zone 1 to Greenworks Groundskeeping & Landscaping Services, Inc., in the amount of $39,000;
B. Agreement for Zone 2 to Northwest Florida Landscaping, Inc., in the amount of $45,000;
C. Agreement for Zone 3 to Gulf Coast Environmental Contractors, Inc., in the amount of $48,600;
D. Agreement for Zone 4 to Rhett James Landscaping, Inc., in the amount of $72,490;
E. Agreement for Zone 5 to Emerald Coast Grass Company, LLC, in the amount of $67,000; and
F. Agreement for Zone 6 to Wallace Sprinkler & Supply, Inc., in the amount of $57,200.

PD 13-14.008 is a Unit Price Contract based on a fixed cost per mow, and the estimated annual expenditures are listed.

[Funding: Fund 352, LOST III, Cost Center 350229, Object Code 53401, Project Number 08PR0078, Contract Contractor Annual Expenditure]
 
11. 5537   Recommendation Concerning the 2251 North Palafox Chiller Replacement - Amy Lovoy, Management and Budget Services Department Director

That the Board award Contract PD 13-14.014, for the 2251 North Palafox Chiller Replacement, to McNorton Mechanical Contractors, Inc., in the base bid amount of $86,485, plus bid Alternate #1, in the amount of $1,250, for a total contract award of $87,735, and authorize the County Administrator to execute all related documents and Purchase Orders, for Owner Direct Purchases (ODP's), in the amount of $50,000 or greater.

[Funding: Fund 001, General Fund, Cost Center 310204, Object Code 56401]
 
12. 5642   Recommendation Concerning Professional Services for Englewood Park & "L" Street Pond - Amy Lovoy, Management and Budget Services Department Director

That the Board award and authorize the County Administrator to sign a Professional Services Contract to Fabre Engineering, Inc., d/b/a Fabre Engineering & Surveying, per the terms and conditions of PD 13-14.005, "Professional Services for Englewood Park & L St Pond," for a base amount of $91,408.85, and optional services of $13,752.25, for a total of $105,161.10.

[Funding: Fund 352, "LOST III," Cost Center 350229, Object Code 56301, Project No. 14PR2583, $36,806.38; Fund 352, "LOST III," Cost Center 210107, Object Code 56301, Project No. 14EN2683, $68,354.72]
 
13. 5640   Recommendation Concerning the Grant Agreement Between Florida Fish and Wildlife Conservation Commission and Escambia County – Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning the Grant Agreement between Florida Fish and Wildlife Conservation Commission (FWC) and Escambia County:

A. Approve the Grant Agreement between FWC and Escambia County, FWC Agreement No. 13225, for the Ex-Oriskany PCB Artificial Reef Monitoring Project, in the amount not-to-exceed $91,000, from the date of execution through December 31, 2015;

B. Ratify the Chairman’s signature, which was required prior to Board action to meet FWC requirements; and

C. Authorize the County Administrator to sign any subsequent related documents to implement the Agreement without further Board action.

[Funding Source: Fund 110, Other Grants and Projects Fund, Cost Center 220338, Oriskany PCB Monitoring. No matching funds are required]
 
14. 5637   Recommendation Concerning the Acceptance of a Drainage Easement on Helton Lane from Ruby L. Odom - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of a 30-foot-wide drainage easement (approximately 0.16 acres) on Helton Lane from Ruby L. Odom:

A. Accept the donation of a 30-foot-wide drainage easement (approximately 0.16 acres) on Helton Lane from Ruby L. Odom;

B. Authorize the payment of documentary stamps as the easement is being donated for governmental use for road and drainage improvements and the County benefits from the acceptance of this drainage easement, which enhances the safety 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 Drainage Easement as of the day of delivery of the Drainage Easement 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 recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
15. 5639   Recommendation Concerning Acceptance of the Donation of Eight Parcels of Real Property for Blue Berry Lane Paving and Drainage Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of eight parcels of real property located on Blue Berry Lane for road paving and drainage improvements:

A. Accept the donation of eight parcels of real property located on Blue Berry Lane from the following eight property owners for road paving and drainage improvements:

Property Owner Parcel Reference Number Acreage
1. Mary Nell Wells 12-2N-32-2100-000-000 Approximately 2.25 acres
2. Bobby E. & Mary Nell Wells 12-2N-32-1103-000-000 Approximately 0.31 acres
3. Michael W. & Sherri A. Rhodes 01-2N-32-3101-011-001 Approximately 0.31 acres
4. Dorothy S. Simmons 12-2N-32-1420-000-000 Approximately 0.08 acres
5. Angelia Dillashaw & Jon L. Bruntlett 01-2N-32-3101-000-000 Approximately 0.02 acres
6. Joseph M. Sr. & Wilhelmina H. Doyle 01-2N-32-4310-000-000 Approximately 0.29 acres
7. Rebecca Ann Johnson 12-2N-32-4000-000-000 Approximately 0.05 acres
8. F. Eugene Booker 12-2N-32-2100-000-001 Approximately 0.89 acres

B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for road and drainage improvements, and the County benefits from the acceptance of this property, which enhances the safety 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 Warranty Deeds as of the day of delivery of the Warranty Deeds 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 recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
16. 5644   Recommendation Concerning Acceptance of Drainage Easements Located on Elcino Drive in Shadow Grove Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of two drainage easements located on Elcino Drive in Shadow Grove Subdivision from Gerard and Denise R. Rosado and Billy J. and Mirella Minozzi Lane for drainage improvements in Shadow Grove Subdivision:

A. Accept the donation of a 10-foot-wide drainage easement (approx. 0.02 acres) located at 409 Elcino Drive from Gerard and Denise R. Rosado;

B. Accept the donation of a 10-foot-wide drainage easement (approx. 0.02 acres) located at 413 Elcino Drive from Billy J. and Mirella Minozzi Lane;

C. Authorize the payment of documentary stamps because the property is being donated for governmental use for road and drainage improvements, and the County benefits from the acceptance of this property, which enhances the safety and well-being of the citizens of Escambia County;

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

E. Authorize staff to prepare, and the Chairman or Vice Chairman to accept, the Drainage Easements as of the day of delivery of the Drainage Easements 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 the recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
17. 5648   Recommendation Concerning a Change Order to Baskerville Donovan, Inc. for the "Pinestead Road-Longleaf Drive Corridor Project" - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order to Baskerville Donovan, Inc., for the "Pinestead Road-Longleaf Drive Corridor Project":

Department: Public Works
Division: Engineering/Infrastructure Division
Type: Addition
Amount: $340,268.77
Vendor: Baskerville Donovan, Inc.
Project Name: Pinestead Road-Longleaf Drive Corridor
Contract: PD 05-06.078
PO#: 290817
CO#: 6
Original Award Amount: $1,575,498.01
Cumulative Amount of Change Orders Through this CO: $1,803,445.51
New Contract Total: $3,378,943.52

[Funding Source: Fund 352, "LOST III," Cost Center 210107, Object Code 56301, Project #08EN0078 "Pinestead/Longleaf"]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 5649   Recommendation Concerning Knowhow Group USA, Inc., et al. v. Escambia County Board of County Commissioners (Case No. 2012 CA 001355).

That the Board:

A. Schedule a private meeting with its attorneys to discuss pending litigation, in accordance with Section 286.011(8), Florida Statutes, for February 18, 2014 at 3:30 p.m.;

B. Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, February 8, 2014.

PUBLIC NOTICE
IT IS THE INTENTION of the Board of County Commissioners of Escambia County, Florida, to hold a private meeting with its attorney to discuss pending litigation in the case of Knowhow Group USA, Inc., et al. v. Escambia County Board of County Commissioners in accordance with Section 286.011(8), Florida Statutes. Such attorney-client session will be held at 3:30 p.m. C.S.T. on Tuesday, February 18, 2014, in Escambia County Governmental Complex, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Wilson B. Robertson, Gene M. Valentino, Lumon J. May, Grover C. Robinson, IV, and Steven L. Barry, Assistant County Administrator Larry M. Newsom, County Attorney Alison Rogers, Attorney representing Escambia County Charles V. Peppler, Deputy County Attorney, and a certified court reporter will attend the attorney-client session.
C. Schedule a public hearing pursuant to Section 163.3125(7), Florida Statutes to approve the terms of the settlement on February 18, 2014 at 5:31 p.m.;

D. Authorize publication of a notice of public hearing in compliance with Section 163.3215(7), Florida Statutes; and

E. Authorize publication of a notice in the Pensacola News Journal in sufficient time prior to the public hearing described above to be in compliance with Chapter 163, Part II, Florida Statutes.
 
2. 5667   Recommendation Concerning Settlement of a Workers' Compensation Claim Involving Gavin Price

That the Board approve a washout workers' compensation settlement for former employee Gavin Price in the amount of $327,092.00, inclusive of attorney's fees and costs, to completely extinguish further liability for three separate work-related injuries. An excess workers' compensation insurance carrier will reimburse the County for $130,836.80 of this settlement amount.
 
16.   Items added to the agenda.
 
17.   Announcements.
 
18.   Adjournment.
 

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