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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.  
CHAMBER RULES
1. IF YOU WISH TO SPEAK, YOU WILL BE HEARD.
2. YOU MUST SIGN UP TO SPEAK. SIGN-UP SHEETS ARE AVAILABLE AT THE BACK OF THE ROOM.
3. YOU ARE REQUESTED TO KEEP YOUR REMARKS BRIEF AND FACTUAL.
4. BOTH SIDES ON AN ISSUE WILL BE GRANTED UNIFORM/MAXIMUM TIME TO SPEAK.
5. DURING QUASI-JUDICIAL HEARINGS (I.E., REZONINGS), CONDUCT IS VERY FORMAL AND REGULATED BY SUPREME COURT DECISIONS.
PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – June 8, 2017 – 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. 12326   Proclamations.

Recommendation: That the Board adopt the Proclamation commending and congratulating Judy H. Witterstaeter, Agenda Program Coordinator with the County Administrator's Office, on her selection as "Employee of the Month" for June 2017.
 
7.   Did the Clerk’s Office receive the proofs of publication for the Public Hearing(s) on the agenda and the Board’s Weekly Meeting Schedule?

Recommendation: That the Board waive the reading of the legal advertisement(s) and accept, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners – Escambia County, Florida, Meeting Schedule.
 
8. 12315   5:31 p.m. Public Hearing for consideration of the vacation of a portion of unopened right-of-way off Arthur Brown Road, on the Board's own Motion.

Recommendation: That the Board take the following action concerning the Vacation of a portion of unopened right-of-way off Arthur Brown Road:

A. Approve or deny the vacation of a portion of unopened right-of-way (approximately 0.16 acres) off Arthur Brown Road;

B. Adopt the Resolution to Vacate; and

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

[Funding Source: Fund 175, "Transportation Trust Fund, Account 211602/54901]
 
9. 12321   Committee of the Whole Workshop/Homeless Summit Recommendation.

Recommendation: That the Board take the following action, as recommended by the Committee of the Whole, at the May 31, 2017, Committee of the Whole Workshop/Homeless Summit:

A. Engage the public to think of how to properly give "and not just panhandling," and use the County's Community & Media Relations Department to get that message out;

B. Request that any agency that the County funds to comply with working together with the HMIS system (Homeless Management Information System), and look at opportunities to connect other homeless organizations that do not receive government funding to connect to the system; and

C. Agree that the Board is open to evaluating infrastructure opportunities to participate in and that the County is not in any way going to run that programming.
 
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. 12275   Recommendation Concerning Acceptance of Attorney-Client Transcripts

That the Board accept, for filing with the Board's Minutes, transcripts of the following Attorney-Client Sessions of the Board of County Commissioners, provided to the Clerk to the Board's Office (backup is available for review in the Clerk to the Board's Office):

DATE CASE(S)
January 10, 2008 Solbourne Computer, Inc., vs. Escambia County
March 13, 2008 Rapid Management Company vs. Board of County Commissioners, Escambia County, Florida
April 17, 2008 Roads, Inc., of NWF vs. Escambia County
May 15, 2008 Roads, Inc., of NWF vs. Escambia County
July 10, 2008 Escambia County vs. Allied Waste Services of North America, LLC
July 30, 2008 Escambia County vs. Allied Waste Services of North America, LLC
September 4, 2008 Escambia County, Florida vs. SmartCop, Inc.
October 2, 2008 Department of Community Affairs, et al. vs. Escambia County, et al.
December 3, 2008 Escambia County, Florida vs. SmartCop, Inc.
December 11, 2008 Escambia County vs. Allied Waste Services of North America, LLC
January 22, 2009 Carl and Sharon Gilbert vs. Harry R. McNesby, et al.; and Robert and Sharon Mandel vs. Harry R. McNesby, et al.
February 19, 2009 Escambia County vs. McCall & Associates, Inc.
March 19, 2009 Escambia County vs. Allied Waste Services of North America, LLC
March 19, 2009 Escambia County vs. McCall & Associates, Inc.
April 30, 2009 Escambia County vs. Allied Waste Services of North America, LLC
July 23, 2009 Pensacola Bay Fishing Bridge, Inc. vs. Escambia County
September 10, 2009 Carl and Sharon Gilbert vs. Harry R. McNesby, et al.
October 8, 2009 Escambia County vs. McCall & Associates, Inc.
November 19, 2009 Rapid Management Company vs. Board of County Commissioners, Escambia County, Florida
June 17, 2010 J. Steven Ford, et al. vs., Escambia County, Florida
July 22, 2010 J. Steven Ford, et al. vs., Escambia County, Florida
November 9, 2010 Department of Community Affairs vs. Escambia County
December 16, 2010 Department of Community Affairs vs. Escambia County
January 13, 2011 Pensacola Bay Fishing Bridge vs. Escambia County
April 7, 2011 Douglas E. and Sherry F. Wager vs. Escambia County
December 8, 2011 Theresa Lynn Urbaniak vs. Escambia County Emergency Medical Services; Roy M. Stallworth vs. Escambia County Emergency Medical Services; and Robert Mark Herrmann vs. David Morgan, et al.
December 15, 2011 Escambia County vs. Zachary Company of NW FL, LLC
January 12, 2012 Forrest Gibbs vs. Grover Robinson, IV, Marie Young, and Kevin White
March 15, 2012 Jessica Imholz, et al. vs. Florida Department of Transportation, et al.
September 17, 2012 Escambia County vs. McCall & Associates, Inc.
November 1, 2012 Escambia County vs. McCall and Associates, Inc. Architects, et al.
February 18, 2014 Knowhow Group USA, Inc., et al. vs. Escambia County Board of County Commissioner, et al.
May 7, 2015 Clifton Underwood vs. Escambia County, FL
June 2, 2015 Clifton Underwood vs. Escambia County, FL; and Barney Cash and Irene Cash vs. Escambia County
June 25, 2015 Escambia County vs. Innerarity Island Development Authority and ECUA; and Escambia County vs. Innerarity Island Development Authority and Kathy Collins
July 7, 2015 Escambia County vs. Innerarity Island Development Authority and ECUA; and Escambia County vs. Innerarity Island Development Authority and Kathy Collins
October 8, 2015 Kenneth Eugene Simmons vs. Escambia County
June 2, 2016 Carolyn Davis vs. Escambia County, Florida
August 4, 2016 Carolyn Davis vs. Escambia County; Jody Nix vs. Escambia County; Escambia County vs. Innerarity Island Development Corporation and Kathy Collins, as Personal Representative of the Estate of Fayette Dennison; and Escambia County vs. Innerarity Island Development Corporation
September 1, 2016 Tiffany Jackson, as Personal Representative for the Estate of Chad Day vs. Escambia County

 
2. 12333   Recommendation Concerning Documents Provided for Filing with the Board's Minutes

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 Amendment to the Agreement for Professional Consulting Services (PD 02-03.079), approved by the Board on November 5, 2015;

B. The State of Florida, Florida Fish and Wildlife Conservation Commission, Amendment No. 1 to Agreement, FWC Contract No. 14097, executed by the Chairman on March 2, 2017, based on the Board's action of January 21, 2016, authorizing the Chairman to sign subsequent documents related to the acceptance, execution, reporting, and no-cost time extensions to implement the Agreement, for the Perdido Bay Public Boat Launching Facility, under the Florida Boating Improvement Program, without further Board action; and

C. The Standard Professional Consulting Services Contract Documents for Agreement between Escambia County and Butler & Associates of Pensacola, Inc., for Professional Services as Governed by Florida Statute 287.055 (PD 02-03.079), approved by the Board on September 1, 2016.
 
3. 12276   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 Committee of the Whole Workshop/Homeless Summit held February 23, 2017;

B. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held May 11, 2017;

C. Approve the Minutes of the Attorney-Client Session held May 22, 2017;

D. Approve the Minutes of the Special Board Meeting held May 22, 2017;

E. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held May 25, 2017;

F. Approve the Minutes of the Regular Board Meeting held May 25, 2017; and

G. Approve the Minutes of the Special Board Meeting held May 30, 2017.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 12314   5:45 p.m. - Cancellation of a Public Hearing Concerning the Review of an Ordinance Amending LDC Chapters 3 and 4 Regarding Clustering Dwelling Units

That the Board of County Commissioners (BCC) cancel the 5:45 p.m., Public Hearing to review and adopt an Ordinance amending the Land Development Code (LDC), Chapters 3 and 4, to establish conditions for the clustering of dwelling units when avoiding significant protected resources.
 
  II. Consent Agenda
 
1. 12313   Recommendation Concerning the Scheduling of Public Hearings

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

July 6, 2017

A. 5:45 p.m. - A Public Hearing to amend the official Zoning Map to include the following Rezoning Case that was heard by the Planning Board on June 6, 2017.

Case No.: Z-2017-05
Address: 517 W Detroit Boulevard
Property Reference No.: 22-1S-30-2300-000-007
From: MDR, Medium Density Residential district (10 du/acre)
To: HDMU, High Density Mixed-use district (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: Lisa Heaton and Billy Smith, Jr. with LB Electric Services, LLC, Owners

B. 5:46 p.m. - A Public Hearing - Dog Friendly Dining Ordinance

Summary: An Ordinance to establish provisions for authorizing public food service establishments to offer outdoor areas for dog-friendly dining as an accessory use to those establishments.

C. 5:47 p.m. - A Public Hearing - Beach Mouse Assessment Ordinance

Summary: An Ordinance to modify assessment for Perdido Key beach mouse.

D. 5:48 p.m. - A Public Hearing - Opting Out of the Sector Plan and Assigning a Future Land Use Category - Highway 29 and Neal Road - OSP-2017-01 (second of two public hearings)

Summary: The applicant is requesting to remove a parcel from the adopted Escambia County Mid-West Sector Plan, Jacks Branch Detailed Specific Area Plan; the applicant is also requesting that a Future Land Use category of Mixed-Suburban be assigned to the parcel.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 12220   Recommendation Concerning the Request for Disposition of Property for the Development Services Department - Horace L. Jones, Development Services Department Director

That the Board approve the Request for Disposition of Property Form for the Development Services Department for all items of equipment, which are described and listed on the Request Form, with the reasons for disposition stated. The items are to be auctioned as surplus or disposed of properly.
 
2. 12262   Recommendation Concerning the Escambia HOME Consortium Re-qualification for Federal Fiscal Years 2018-2020 - Tonya Gant, Neighborhood & Human Services Director

That the Board acknowledge the continuing participation of the City of Pensacola, Santa Rosa County, and the City of Milton in the Escambia HOME Consortium through the HOME Consortium Re-qualification for Federal Fiscal Years 2018-2020 and authorize staff to notify the U.S. Department of Housing and Urban Development (HUD) that no changes are being made to the Consortium Membership or Agreement.
 
3. 12237   Recommendation Concerning the Florida-Alabama Transportation Planning Organization Fiscal Year 2019-2023 Project Priorities - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Florida-Alabama Transportation Planning Organization Fiscal Year 2019-2023 Project Priorities:

A. Review and approve the recommended changes to the Florida-Alabama (FL-AL) Transportation Planning Organization (TPO) Fiscal Year (FY) 2019-2023 Project Priorities (included in Background Section); and

B. Direct Public Works staff to submit the recommended changes to TPO staff prior to the June 20, 2017, deadline.
 
4. 12299   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the 4th of July Celebration with Fireworks Display to Be Discharged from Behind the Flora-Bama Lounge on the Gulf Side of Perdido Key, from 9:00 p.m., to 11:00 p.m. - Tim Tolbert, Building Official/Department Director

That the Board review and approve the “Special Event Permit Application” for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance, allowing the number of sound decibels to exceed 70 dbA (sound level measured by taking four sound readings over a continuous 15 minute period, with the four readings taken at approximately equal intervals at or within the property boundary of the receiving land use) for the 4th of July Celebration with Fireworks Display to be held behind the Flora-Bama Lounge, Gulf Side of Perdido Key, from 9:00 p.m., through 11:00 p.m., Tuesday, July 4, 2017.
 
5. 12304   Recommendation Concerning the Scheduling of a Public Hearing for the Estates at Griffith Park Street Lighting Municipal Services Benefit Unit - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on June 22, 2017, at 5:31 p.m., to consider adoption of an Ordinance creating the Estates at Griffith Park Street Lighting
Municipal Services Benefit Unit (MSBU).
 
6. 12302   Recommendation Concerning the Scheduling of a Public Hearing for the Quail Run, Quail Run North, and a portion of Candlestick Woods Street Lighting Municipal Services Benefit Unit - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on June 22, 2017, at 5:32 p.m., to consider adoption of an Ordinance creating the Quail Run, Quail Run North, and a portion of Candlestick Woods Street Lighting Mu
nicipal Services Benefit Unit (MSBU).
 
7. 12303   Recommendation Concerning the Scheduling of a Public Hearing for the Robert's Ridge Street Lighting Municipal Services Benefit Unit - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on June 22, 2017, at 5:33 p.m., to consider adoption of an Ordinance creating the Robert's Ridge Street Lighting
Municipal Services Benefit Unit (MSBU).
 
  II.  Budget/Finance Consent Agenda
 
1. 12280   Recommendation Concerning the Agreement for the Funding of Court Personnel Between the First Judicial Circuit of Florida and Escambia County, Florida - Catherine A. White, Director of Case Management

That the Board take the following action concerning the Agreement for the Funding of Court Personnel Between the First Judicial Circuit of Florida and Escambia County, Florida:

A. Approve the Agreement for the Funding of Court Personnel between the First Judicial Circuit of Florida and Escambia County, Florida, for the existing Veterans Court Coordinator position as outlined in Exhibit "A" of the Agreement; and

B. Authorize the Chairman to sign the Agreement and any amendments, requests for payment, or other related documents as may be required.

[The County agrees to provide funding for the existing Veterans Court Coordinator position through Court Innovation Article V, Local Option portion of the $65 Court Fee according to Florida Statute 939.185(1)(a); whereas the Court agrees to reimburse the County for salary and benefits not to exceed the amounts outlined in Exhibit "A" of the Agreement.]
 
2. 12279   Recommendation Concerning Multi-family Housing Revenue Bonds for Delphin Downs Affordable Housing Development - Patricia D. Lott, Executive Director, Escambia County Housing Finance Authority

That the Board adopt the Resolution approving the plan of finance therein described and the issuance and sale of not exceeding $6,800,000 multi-family housing revenue bonds (the “Bonds”) by the Escambia County Housing Finance Authority (the “Authority”) to be used to finance or refinance the Delphin Downs Apartments located at 1717 West Cervantes Street in Pensacola, Florida (as described in the Background of the Recommendation).
 
3. 12306   Recommendation Concerning Amendment to the 2010, 2013, 2014, 2015, and 2016 Annual Action Plans for the Community Development Block Grant Program - Tonya Gant, Neighborhood & Human Services Department Director

That the Board take the following action concerning an Amendment to the 2010, 2013, 2014, 2015, and 2016 Annual Action Plans for the Escambia County Community Development Block Grant (CDBG) Program:

A. Approve an Amendment to the 2010, 2013, 2014, 2015, and 2016 Annual Action Plans for the Escambia County CDBG Program, reallocating $386,986.44 in funds; and

B. Authorize the County Administrator to sign the Amendment.

[Funding: Fund 129/2010 CDBG, Cost Center 370214; 2013 CDBG, Cost Center 370218; 2014 CDBG, Cost Center 370221; 2015 CDBG, Cost Center 370222; and 2016 CDBG, Cost Center 370228]
 
4. 12307   Recommendation Concerning Support for a Study for Cost of Homelessness in Escambia and Santa Rosa Counties - Tonya Gant, Neighborhood & Human Services Director

That the Board authorize $2,000 to partially support a Study for Cost of Homelessness in Escambia and Santa Rosa Counties by the University of West Florida.

[Funding: Fund 129/2014 CDBG, Cost Center 370219]
 
5. 12264   Recommendation Concerning Change Order #2 on Contract PD 15-16.098 for the Montclair Sidewalks Project Phase 2 -Tonya Gant, Neighborhood & Human Services Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order for the construction schedule approval change on Contract PD 15-16.098, for Construction Services for the Montclair Sidewalks Project Phase 2, to Roads, Inc. of NWF:

Department: Neighborhood and Human Services
Division: Neighborhood Enterprise
Type: Addition
Amount: $76,656.74
Vendor: Roads Inc., of NWF
Project Name: Montclair Sidewalks Phase 2
Contract: PD 15-16.098
P.O. No.: 170791
C.O. No: 2
Original Award Amount: $529,579.45
Cumulative Amount of Change Orders through this C.O.: $76,656.74
New Contract Total: $606,236.19

[Funding: Fund 129, 2015 CDBG, Cost Center 370224]
 
6. 12285   Recommendation Concerning Myrtle Grove Phase 1 Neighborhood Improvement Project Street Lighting Contract - Tonya Gant, Neighborhood & Human Services Department Director

That the Board take the following action concerning the Community Development Block Grant (CDBG) funded Myrtle Grove Phase 1 Neighborhood Improvement Project Street Lighting Contract:

A. Approve the Gulf Power Company Contract for Street and General Area Lighting Service Rate Schedule within the Myrtle Grove area for $450,704.44; and

B. Authorize the Chairman or Vice Chairman to sign the Contract.

[Funding: Fund 129/2016 CDBG, Cost Center 370228-$54,153.42; 2015 CDBG, Cost Center 370222-$62,575.71; 2014 CDBG, Cost Center 370221-$200,000; 2013 CDBG, Cost Center 370218-$125,000; 2011 CDBG, Cost Center 370216-$27.73; 2011 CDBG, Cost Center 370215-$6,737.50; and 2010 CDBG, Cost Center 370214-$2,210.08]
 
7. 12301   Recommendation Concerning Professional Services as Governed by Florida Statute 287.055 - Paul Nobles, Office of Purchasing, Purchasing Manager

That the Board take the following action concerning PD 02-03.79, Professional Services as Governed by Florida Statute 287.055:

A. Award and authorize the County Administrator to sign a Task-Order-Based Continuing Contract to Dalrymple Sallis Architecture, LLC, professional architect, based on the "Current Averages for Audited Overhead, Expense and Facilities Capital Cost of Money (FCCM) Rates" as provided in the current Florida Department of Transportation (FDOT) Negotiation Handbook Guidelines for Professional Services Contracts; and

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 and project basis]
 
8. 12283   Recommendation Concerning the Amendment to Agreement for Escambia County Correctional Department Uniforms PD 13-14.048 -Tamyra Jarvis, Corrections Department Director

That the Board approve and authorize the Chairman to execute the Amendment of Agreement for Escambia County Correctional Department Uniforms, PD 13-14.048 between Galls, LLC, and Escambia County, Florida. Pursuant to paragraph 5 of the Agreement, Galls, LLC, has requested a 2.5% price adjustment on 9 of the 25 items covered by the Agreement. The increase is directly related to increased costs from suppliers and changes to market conditions affecting labor, utility, and shipping costs.

[Funding is available to cover this increased cost in General Fund 001; Jail Detention Cost Center 290401; Object Code 55201]
 
9. 12282   Recommendation Concerning the Authorization for the Acquisition of Real Property for the Jackson Creek Restoration Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action to give further direction regarding the acquisition of 13 real properties located in Wesleyan Terrace 1st Addition Subdivision on Citrus Street, Beth Circle, and Danbury Circle, owned by John and Carol Pepper (Trustees for Pepper Living Trust), for the Jackson Creek Restoration Project:

A. Authorize staff to make an offer to property owners John and Carol Pepper (Trustees for Pepper Living Trust) for the following 13 properties, for the total appraised value of $61,300. Any counteroffer will be brought back before the Board for approval;

Parcel ID Address Parcel Size Market Value
37-2S-30-3400-008-002 100 Block of Citrus Street 0.21 acre $4,700
37-2S-30-3400-007-002 102 Citrus Street 0.41 acre $8,100
37-2S-30-3400-006-002 100 Block of Citrus Street 0.22 acre $4,300
37-2S-30-3400-005-002 100 Block of Citrus Street 0.17 acre $4,500
37-2S-30-3400-021-002 3 Beth Circle 0.22 acre $4,300
37-2S-30-3400-020-002 4 Beth Circle 0.29 acre $4,600
37-2S-30-3400-019-002 5 Beth Circle 0.21 acre $3,300
37-2S-30-3400-018-002 6 Beth Circle 0.33 acre $5,200
37-2S-30-3400-017-002 7 Beth Circle 0.25 acre $4,000
37-2S-30-3400-032-002 2 Danbury Circle 0.24 acre $4,600
37-2S-30-3400-031-002 3 Danbury Circle 0.22 acre $3,400
37-2S-30-3400-030-002 Danbury Circle 0.27 acre $4,300
37-2S-30-3400-028-002 Danbury Circle 0.23 acre $6,000

B. Authorize staff to draft the Contract for Sale and Purchase for the acquisition of real property (13 parcels; approximately 3.27 acres), located in Wesleyan Terrace 1st Addition Subdivision on Citrus Street, Beth Circle, and Danbury Circle, and bring the executed Contract back before the Board; and

C. Authorize the County Attorney's Office to prepare, and the Chairman, or Vice Chairman to execute, subject to Legal review and sign-off, any documents necessary to complete the acquisition of these properties without further action of the Board (if the purchase is approved).

[Funding Source: Fund 352, "LOST III," Account 210107/56301, Project #13EN2382]
 
10. 12324   Recommendation Concerning the Florida Department of Environmental Protection Agreement for the Design and Permitting of the Bayou Chico Contaminated Sediment Removal Project - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board take the following action concerning the Florida Department of Environmental Protection (DEP) Agreement No. RES02 relating to a Gulf Coast Ecosystem Restoration Council Grant Award for the Bayou Chico Contaminated Sediment Removal Project:

A. Approve the DEP Agreement No. RES02, in the amount of $335,510, for design and permitting of the Bayou Chico Contaminated Sediment Removal Project; and

B. Authorize the Chairman to sign the Agreement and any future amendments relating to no-cost extensions, subject to Legal review and sign-off, without further action of the Board.

The County Attorney's Office has requested that the Board be made aware of the following language:
Paragraph 33, (page 18 of 19), last sentence, "Any action hereon or in connection herewith shall be brought in Leon County, Florida."

[Funding: Fund 118, Gulf Coast Restoration Fund, new cost center to be determined at time of SBA]

Note: There is no County match required under the Agreement.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.  For Discussion
 
1. 12278   Recommendation Concerning Request for Code Enforcement Lien Relief - Cassandra Horne

That the Board consider a request from Cassandra Horne for relief from a code enforcement lien on property near Sir Horne Drive.
 
  II. For Information
 
1. 12316   Recommendation Concerning Benjamin D. Love v. Escambia County Board of County Commissioners; DOAH Case No.: 17-0564

That the Board accept for information the attached Order of Administrative Law Judge Yolanda Y. Green, State of Florida, Division of Administrative Hearings in the matter of Benjamin D. Love v. Escambia County Board of County Commissioners Case No. 17-0564 in which Judge Green found in favor of Escambia County and held that the County did not violate the Florida Civil Rights Act of 1992 and is not liable to Mr. Love for any damages.
 
11.   Items added to the agenda.
 
12.   Announcements.
 
13.   Adjournment.
 

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