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THROUGH THESE DOORS WALK ONLY THE FINEST PEOPLE – THE CITIZENS OF ESCAMBIA COUNTY. DECISIONS ARE MADE IN THIS ROOM AFFECTING THE DAILY LIVES OF OUR PEOPLE. DIGNIFIED CONDUCT IS APPRECIATED.  
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PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – February 18, 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 Robertson.
 
3.   Pledge of Allegiance to the Flag.
 
4.   Are there any items to be added to the agenda?

Recommendation: That the Board adopt the agenda as prepared (or duly amended).
 
5.   Commissioners’ Forum.
 
6.   Presentations:

A. Plaque recognizing Jerome E. Watson for his service on the Board of Adjustment; and

B. Plaque recognizing Frederick J. Gant for his service on the Santa Rosa Island Authority.
 
7. 5702   Proclamations.

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

A. Adopt the Proclamation congratulating BeulahFest on 28 years of giving back to the community and encouraging all citizens to join in the BeulahFest activities on March 21-22, 2014;

B. Adopt the Proclamation recognizing the 125th Anniversary of Florida Public Health and asking that all residents join in extending sincere gratitude to the staff, past and present, of the Florida Department of Health in Escambia County for their commitment to the people of our community during these past one hundred and twenty-five years; and

C. Ratify the Proclamation dated February 11, 2014, extending a warm welcome to The Columbus Foundation and the two replicas of Columbus' ships, the Nina and the Pinta, to Escambia County, Florida, and encouraging all citizens to participate in this exciting event.
 
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. 5684   5:31 p.m. Public Hearing Pursuant to Section 163.3215(7), Florida Statutes, to consider approval of settlement terms in the Case of Knowhow Group USA, Inc., et al. v. Escambia County Board of County Commissioners, et al. (Case No. 2012 CA 001355).

Recommendation: That the Board hold the Public Hearing, as required by Section 163.3215(7), Florida Statutes, to approve the proposed settlement previously discussed in the Attorney-Client meeting held on February 18, 2014, at 3:30 p.m.
 
10.   Reports:
 
 
 
 
CLERK & COMPTROLLER'S REPORT

Backup Not Included With The Clerk's Report Is Available For Review In
The Office Of The Clerk To The Board
Ernie Lee Magaha Government Building, Suite 130
 
  I.  Consent Agenda
 
1. 5710   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. Closing documents relating to the purchase of property, located at 8160 Ashland Avenue, from Davis Marine Construction, Inc., as approved by the Board on May 2, 2013, and received in the Clerk to the Board's Office on January 23, 2014; and

B. A copy of the Neighborhood Enterprise Foundation, Inc., Pensacola, Florida, Financial Statements and Supplementary Information October 31, 2013, as audited by Steven J. Erickson, P.A., Certified Public Accountant, and received in the Clerk to the Board's Office on February 5, 2014.
 
2. 5692   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 6, 2014; and

B. Approve the Minutes of the Regular Board Meeting held February 6, 2014.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 5674   5:45 p.m. - Recommendation Concerning the Review of an Ordinance Amending Articles 3 and 6

That the Board of County Commissioners (BCC) review and adopt 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 second of two required public hearings before the Board of County Commissioners (BCC) as set forth in Section 2.08.0 (b) and F.S. 125.66 (4)(b).

At the January 7, 2014 Planning Board Meeting, the Board recommended approval.
 
  II.  Action Item
 
1. 5670   Recommendation Concerning a Final Plat for Betmark Place Phase II

That the Board take the following action concerning the recording of the Final Plat of Betmark Place Phase 2, (a 13 lot single family residential subdivision), located in the Ensley Community on Millbrook Drive and north of East Ten Mile Road. Owned and developed by Betmark Place Phase 2, LLC . Prior to recording, the County Engineer, County Surveyor, Development Services Director and the Clerk of the Circuit Court must sign the Final Plat, as set forth in Section 4.02.07.E, of the Escambia County Land Development Code. Also, prior to recording the County Surveyor must sign the Final Plat as set forth in Chapter 177.081 (1) Florida Statutes;

A. Approve the final plat for recording;

B. Approve the street name “Millbrook Drive”;

C. Accepting all drainage improvements within public rights-of-way as depicted upon the Final Plat; and

D. Authorize the Chairman or Vice-Chairman to execute a Two Year Warranty Agreement for Streets and Drainage Improvements with Surety.
 
  III. Consent Agenda
 
1. 5679   Recommendation Concerning the Scheduling of Public Hearings

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

March 6, 2014

5:45 p.m.- A Public Hearing to amend the official Zoning Map to include the following Rezoning Cases heard by the Planning Board on February 4, 2014.


Case No.: Z-2014-01
Address: 400 S Fairfield Dr
Property Reference No.: 20-2S-31-3101-000-003
Property Size: 0.36 (+/-) acres
From: R-1, Single-Family District, Low Density (4 du/acre)
To: R-6, Neighborhood Commercial and Residential District, (cumulative) High Density (25 du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Lisa Sharp, Agent for Hasham Yousef, Owner
Case No.: Z-2014-02
Address: 8400 Cove Ave
Property Reference No.: 10-1S-30-1101-090-006
Property Size: 1.26 (+/-) acres
From: R-3, One-Family and Two-Family District, (cumulative) Medium Density (10 du/acre)
To: R-5, Urban Residential/Limited Office District, (cumulative) High Density (20 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: Wiley C. "Buddy" Page, Agent for Amy Bloodsworth Mims, Owner
Case No: Z-2012-01
Address: 9869 North Loop Rd
Property Reference No: 13-3S-31-7101-000-001
14-3S-31-2101-000-000
Property Size: 43.4 (+/-) acres
From: RR, Rural Residential District, (cumulative) Low Density (2du/acre)
To: AMU-2, Airfield Mixed Use-2 District (cumulative to AMU-1 only)
FLU Category: MU-S, Mixed Use Suburban
Overlay Area: AIPD-1, APZ-1, AIPD-2
Commissioner District: 2
Requested by: Jesse W. Rigby, Agent for James Hinson, Jr., Owner

 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 5697   Recommendation Concerning Community Redevelopment Agency Meeting Minutes, January 16, 2014 - Keith Wilkins, Community & Environment Department Director

That the Board accept, for filing with the Board's Minutes, the January 16, 2014, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Carolyn Barbour, Administrative Assistant.
 
2. 5693   Recommendation Concerning the Requests for Disposition of Property for the Public Works Department - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the 3 Request for Disposition of Property Forms for the Public Works Department indicating 13 items to be properly disposed of, which are described and listed on the Request Forms, with reasons for disposition stated.
 
3. 5664   Recommendation Concerning the Amendment of Agreement Relating to Temporary Labor Services - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the Amendment of Agreement Relating to Temporary Labor Services, PD 11-12.035, to change the name from Temporary Employee Services, Inc. ("TESI"), to Blue Arbor, Inc., effective July 8, 2013.
 
  II.  Budget/Finance Consent Agenda
 
1. 5698   Recommendation Concerning the Cancellation of Five Residential Rehab Grant Program Liens - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 18, 2014, 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:

A. Approving the following five Lien cancellations, as the recipients have met their Grant requirements:

Property Owner Property Address Lien Amount
Dennis Kamin 909 Rue Max $1,050
Haariet F. Laton 9 Bell Court $1,005
Carlton E. and June H. McCullough 124 Reed Road $900
Isaiah and Avis Morrison 31 Milton Road $1,550
Robert H. and Dorothy A. Thompson 3 Bell Court $1,153

B. Authorizing the Chairman to execute the Cancellation of Lien documents.
 
2. 5699   Recommendation Concerning Cancellation of the Commercial Facade, Landscape, and Infrastructure Grant Program Lien for 1000 North Navy Boulevard - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 18, 2014, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the cancellation of the Commercial Facade, Landscape, and Infrastructure Grant Program Lien for 1000 North Navy Boulevard:

A. Approving cancellation of the Commercial Facade, Landscape, and Infrastructure Grant Program Lien for Fun Zone Pizza, Inc., located at 1000 North Navy Boulevard, in the amount of $8,750, as the Grant recipient has met the Grant requirements; and

B. Authorizing the Chairman to execute the Cancellation of Lien document.
 
3. 5700   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1313 Poppy Avenue - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following February 18, 2014, 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 1313 Poppy Avenue:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Hugh G. Suggs, Jr., the owner of residential property located at 1313 Poppy Avenue, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $6,000, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for window replacements; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
4. 5690   Recommendation Concerning the Lease of the County-Owned Property at 15500 Perdido Key Drive by Perdido Key Area Chamber of Commerce, Inc. - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning the lease of County-owned real property located at 15500 Perdido Key Drive, Pensacola, Florida:

A. Adopt the Resolution authorizing the lease of real property to Perdido Key Area Chamber of Commerce, Inc. (PKACC), for the property located at 15500 Perdido Key Drive, Pensacola, Florida, more particularly described in Exhibit "A," for the term of five years, providing for renewal by the PKACC for an additional five-year term; rent is to be paid to the County, in the amount of $1 per year; and

B. Authorize the Chairman to sign the Resolution and the Lease Agreement between Escambia County and Perdido Key Area Chamber of Commerce, Inc.
 
5. 5691   Recommendation Concerning the Amendment to Letter of Agreement between Escambia County and Infectious Diseases Associates of Northwest Florida, P.A. – Gordon C. Pike, Corrections Department Director

That the Board take the following action concerning the Amendment to Letter of Agreement between Escambia County and Infectious Diseases Associates of Northwest Florida, P.A., providing HIV consultation, evaluation, management, and related services for the inmates at the Escambia County Jail:

A. Approve the Amendment to Letter of Agreement; and

B. Authorize the Interim County Administrator to sign the Amendment to Letter of Agreement.

[Funding: Fund 001, General Fund, Medical, Cost Center 290402]
 
6. 5669   Recommendation Concerning a Resolution Supporting the Solid Waste Annual Dump Dash 5K and Trash-A-Thon Fundraiser Event - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning the Solid Waste Annual Dump Dash 5K and Trash-A-Thon Fundraiser Event:

A. Adopt the Resolution authorizing the Solid Waste Annual Dump Dash 5K and Trash-A-Thon Fundraiser Event, to be held at the Perdido Landfill on April 26, 2014, as a source for significant funding for educational outreach and for the benefit of County services and facilities; and

B. Authorize the Chairman to sign the Resolution.

[Funding: Fund 101, Escambia County Restricted Fund, Cost Center 230317, Solid Waste Fund Raiser]
 
7. 5685   Recommendation Concerning Ratifying the Issuance of Emergency Purchase Orders to Engineered Cooling Services, Inc. - David W. Wheeler, CFM, Facilities Management Department Director

That the Board ratify the issuance of Emergency Purchase Orders for the Central Office Complex Chiller Repair, as follows:

Vendor/Contractor Amount
A. Engineered Cooling Services, Inc.
Vendor Number: 051168
PO Number: 140928
Emergency Repair to Chiller at Central Office Complex

Fund: 501 (Internal Service Fund)
Cost Center: 140836 (Buildings/Risk Management)
Amount: $47,425
$47,425
B. Engineered Cooling Services, Inc.
Vendor Number: 051168
PO Number: 140929
Emergency Rental of Temporary Chiller

Fund: 501 (Internal Service Fund)
Cost Center: 140836 (Buildings/Risk Management)
Amount: $36,575
$36,575

[Funding: Fund 501, Internal Service Fund, Cost Center 140836, Buildings/Risk Management]
 
8. 5686   Recommendation Concerning Budget Amendment #093 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #093, Clerk of the Circuit Court - Clerk to the Board, General Fund (001), in the amount of $57,126, to cover the 3% Cost of Living Increase (COLA) for the Clerk's employees. Funds were set aside in Reserves as part of the Adopted Fiscal Year 2013-2014 Budget approved by the Board of County Commissioners (BCC) on September 24, 2013, to cover the associated increases in personnel expenditures.
 
9. 5538   Recommendation Concerning the Chemical Water Treatment Contract - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract, PD 13-14.013, for Chemical Water Treatment, to Triple Point Industries, LLC, in the amount of $16,656, for a period of 36 months, with an option to extend for 2 additional 12-month periods, in accordance with the terms and conditions of the Contract, with an effective date of March 1, 2014.

[Funding: Fund 001, General Fund, Cost Center 310203, Object Code 54601]
 
10. 5694   Recommendation Concerning PD13-14.008 Public Safety Building Perimeter Security Fence and Gates - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the County to piggyback off of the Tampa Bay Water Contract for Security Fence & Gate Installation and Repair Services, Goods and/or Services, Contract #2012-015, in accordance with the Escambia County, Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Applications; exemptions; and Section 46-64, Board approval, and award a Purchase Order to Smith Industries, Inc., d/b/a Smith Fence Company, in the amount of $305,698.75, for an Ameristar Stalwart K8-rated perimeter security fence and gates, PD 13-14.018.

[Funding: Fund 110, Other Grants & Projects Fund, Cost Center 330236, Domestic Assistance Grant, Account Code 56301, Improvements Other Than Buildings]
 
11. 5659   Recommendation Concerning a Resolution to Cancel Taxes for the South Old Corry Field Road County Project Site – Joy D. Blackmon, P. E. Public Works Department Director

That the Board take the following action concerning a Resolution to cancel taxes on a parcel of property located off of South Old Corry Field Road, Account Number 08-0004-546, Reference Number 50-2S-30-1000-026-001, acquired by the County for a stormwater mitigation project:

A. Adopt the Resolution to cancel taxes on a parcel of property owned by Escambia County for the year 2012, in the amount of $213.67, and for the year 2013, in the amount as assessed, for the parcel located off of South Old Corry Field Road, as this property is scheduled to be used for a public stormwater mitigation project (Jones Creek East Stream Restoration Project); and

B. Authorize the Chairman or Vice Chairman to execute the Resolution without further action of the Board.
 
12. 5712   Recommendation Concerning Fiscal Year 2013/2014 Miscellaneous Appropriations Agreement for the Gulf Coast African-American Chamber of Commerce, Inc. - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning approval of the Fiscal Year 2013/2014 Miscellaneous Appropriations Agreement for the Gulf Coast African-American Chamber of Commerce, Inc.:

A. Approve the State of Florida, County of Escambia, Miscellaneous Appropriations Agreement between Escambia County and Gulf Coast African-American Chamber of Commerce, Inc., in the amount of $40,000, to be paid from the Economic Development Fund (102), Cost Center 360704, Account 58201;

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

C. Authorize the approval of the necessary Purchase Order.
 
13. 5714   Recommendation Concerning Federal Lobbying Services for Escambia County - Larry M. Newsom, Interim County Administrator

That the Board approve the Amendment of Agreement Relating to Professional Lobbyist Services (PD 10-11.001), with Alcade & Faye, LTD, with the same terms and conditions as agreed to in Solicitation PD 10-11.001, Federal Lobbying Services.

For information only, on November 15, 2012, the Board voted to transfer the remainder of the contract, PD 10-11.001, from MWW (Marion Turner) to Alcade & Faye, LTD (Marion Turner).

[Funding: Fund 001, General Fund, Cost Center 110201, Object Code 53101]
 
14. 5715   Recommendation Concerning the Agreement for Lobbyist Services for the Deepwater Horizon Oil Spill and RESTORE Act - Larry M. Newsom, Interim County Administrator

That the Board take the following action concerning the Agreement for Lobbyist Services for the Deepwater Horizon Oil Spill and RESTORE Act with SCG Governmental Affairs, LLC:

A. Authorize the third extension to 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 beginning on March 1, 2014, for a fee of $4,000 per month, per the terms of the Agreement approved on February 21, 2013, with the remaining option to extend for a maximum of 18 months;

B. Approve the renewal of the "Authorization to Represent the Principal" forms for M. Lane Stephens and Mark A. Maxwell with SCG Governmental Affairs, LLC, and their subcontractor William "Bill" Williams with the Lobbying Firm Statecraft, LLC; and

C. Approve and authorize travel expenses not to exceed $400 per month in accordance with Chapter 112, Florida Statutes.

[Funding: Fund 001, General Fund, Cost Center 110201, Object Code 53101]
 
  III. For Discussion
 
1. 5629   Discussion Concerning Project Stallion - Larry M. Newsom, Interim County Administrator
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 5713   Recommendation Concerning Escambia County Board of County Commissioners v. Innerarity Island Development Corporation - Case No. 2014 CA 000237

That the Board ratify the filing of a Petition for Appointment of a Receiver pursuant to the Notice of Abandonment served by Innerarity Island Development Corporation.
 
11.   Items added to the agenda.
 
12.   Announcements.
 
13.   Adjournment.
 

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