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AGENDA
Board of County Commissioners
Regular Meeting – August 16, 2018 – 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. 14622   Recommendation Concerning the Adoption of a Retirement Proclamation - Eric Kleinert, Human Resources Department Director

That the Board adopt the Proclamation commending and congratulating Stanley Gray, Safety Technician, Waste Services Department, on 20 years of faithful and dedicated service to Escambia County.
 
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. 14402   5:33 p.m. Public Hearing for consideration of amending Chapter 10, Article I, Section 10-25 of the Escambia County Code of Ordinances regarding the Pensacola Beach Dog Park to extend "Park East" by 100 feet to the east and 100 feet to the west.

Recommendation: That the Board adopt the Ordinance amending Chapter 10, Article I, Section 10-25 of the Escambia County Code of Ordinances regarding the Pensacola Beach Dog Park to extend "Park East" by 100 feet to the east and 100 feet to the west.
 
9. 14645   Committee of the Whole Recommendation.

Recommendation: That the Board take the following action, as recommended by the Committee of the Whole (C/W) at the August 9, 2018, C/W Workshop:

A. Move the Covenant with the Community (C/W Item #3);

B. Move the Purchasing Contract Aspirational Goals, adding service-disabled veterans (C/W Item #4);

C. Move the Escambia County Minority Outreach Program (C/W Item #5); and

D. Commit to a three-year [FloridaWest Five-Year Strategic] Funding Plan of not less than what our current space is, with a guarantee of 550 [thousand dollars each year] (C/W Item #6).
 
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 110
 
  I.  Consent Agenda
 
1. 14623   Recommendation Concerning a Document Provided for Filing with the Board's Minutes

That the Board accept, for filing with the Board's Minutes, the August 1, 2018, Tentative Budget Report for Fiscal Year 2018-2019 from the Northwest Florida Water Management District, as provided by April Murray, Budget Analyst, Northwest Florida Water Management District.
 
2. 14583   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 August 2, 2018; and

B. Approve the Minutes of the Regular Board Meeting held August 2, 2018.
 
 
GROWTH MANAGEMENT REPORT
 
 
  I.  Action Item
 
1. 14640   Recommendation Concerning a Hold Harmless Agreement for a Shore Protection Structure

That the Board review and approve a hold harmless agreement with Baywatch Condominium Association of Pensacola Beach, Inc., for construction of a seawall at 1150 Fort Pickens Road, Parcel I.D. # 28-2S-26-1015-000-000. The agreement will serve to hold the county, its officers and employees harmless from any damages to persons or property that may result from authorized construction.
 
2. 14641   Recommendation Concerning Final Plat Reunion Place Permit FP #18062163

That the Board take the following action concerning recording of Reunion Place (a 17-lot residential subdivision), located in the Paradise Beach Community and lying south of Lillian Highway (U.S. Highway 98) and lies between Bronson Road and Juan Road. Owned and developed by Randall Builders Group, LLC. Prior to recording the County Surveyor and the Clerk of the Circuit Court must sign the Final Plat as set forth in Section 2-5.7, of the Escambia Land Development Code; also, prior to recording the County Surveyor must sign the Final Plat as set forth in Chapter 177.081 (1) Florida Statute;

A. Approve the final plat for recording;

B. Approve the street name “Reunion Place”;

C. Accept all public easements, pond, drainage improvements within public easements as depicted upon the final plat for permanent County maintenance; the cost of maintenance is to be funded through the establishment of a storm water management Municipal Services Benefit Unit (MSBU); and

D. Authorize the Chairman or Vice Chairman to execute a Two-Year Warranty Agreement without Surety, for Streets and Drainage improvements.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 14637   Recommendation Concerning a Reappointment to the Escambia County Health Facilities Authority - Jack R. Brown, County Administrator

That the Board approve the reappointment of Eugene Franklin to the Escambia County Health Facilities Authority, to serve a four-year term, effective August 22, 2018, through August 21, 2022, as requested by Paula G. Drummond, Executive Director & General Council, Escambia County Health Facilities Authority.

A General Alert was posted on the County's Website from July 6, 2018, to July 20, 2018, informing the public that the Escambia County Board of County Commissioners was seeking Escambia County residents interested in volunteering to be considered for an appointment to the Escambia Health Facilities Authority. The letter from Paula Drummond on behalf of the Escambia County Health Facilities Authority is the only response that was received. Ms. Drummond's letter and Mr. Franklin's Resume are provided for review.
 
2. 14612   Recommendation Concerning the Scheduling of a Public Hearing for the Homeplace Lane Roadway Improvements Municipal Services Benefit Unit - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on September 6, 2018, at 5:31 p.m., to consider adoption of an Ordinance creating the Homeplace Lane Roadway Improvements Municipal Services Benefit Unit (MSBU).
 
3. 14566   Recommendation Concerning the Florida Forest Service Annual Report, as Requested by Adam Parden of the Division of Forestry - Jack R. Brown, County Administrator

That the Board accept for filing with the Board's Minutes, the Florida Forest Service Annual Report to the Escambia County Board of Commissioners for Fiscal Year 2017-2018, submitted by Adam Parden, Forest Area Supervisor, Division of Forestry.
 
4. 14601   Recommendation Concerning Scheduling and Advertising a Public Hearing to Consider Amending the Atwood Redevelopment Area Plan as to Boundaries Only - Tonya Gant, Neighborhood & Human Services Department Director

That the Board ratify the following August 16, 2018, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), authorizing the scheduling and advertising of a Public Hearing for Thursday, September 20, 2018, at 5:31 p.m., to consider amending the Atwood Redevelopment Area Plan as to boundaries only, as requested by the Community Redevelopment Agency.
 
5. 14603   Recommendation Concerning the Scheduling and Advertising of a Public Hearing to Amend the Ordinance Relating to the Atwood Redevelopment Trust Fund - Tonya Gant, Neighborhood & Human Services Department Director

That the Board ratify the following August 16, 2018, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), authorizing the scheduling and advertising of a Public Hearing for Thursday, September 20, 2018, at 5:32 p.m., for consideration of an Ordinance of Escambia County, Florida, amending Chapter 46, Article VI, Section 46-292(b) of the Escambia Code of Ordinances relating to the Atwood Redevelopment Trust Fund; providing for amended legislative findings to expand the boundaries of the area consistent with R2018-44; providing for severability; providing for inclusion in the code; and providing for an effective date.
 
6. 14600   Recommendation Concerning Community Redevelopment Agency Meeting Minutes, July 19, 2018 - Tonya Gant, Neighborhood & Human Services Department Director

That the Board accept for filing with the Board's Minutes, the July 19, 2018, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Melanie Johnson, CRA Administrative Assistant.
 
7. 14558   Recommendation Concerning the Request for Disposition of Property for the Neighborhood & Human Services Department -Tonya Gant, Neighborhood & Human Services Department Director

That the Board approve the two Request for Disposition of Property Forms for the Neighborhood & Human Services Department for all items of equipment, which are described and listed on the Request Forms, with reason for disposition stated. The items are to be auctioned as surplus or disposed properly.
 
8. 14540   Recommendation Concerning Execution of Certification of Consistency with the Consolidated Plan Forms for Continuum of Care Application - Tonya Gant, Neighborhood & Human Services Department Director

That the Board approve and authorize the County Administrator to sign Certification of Consistency with the Consolidated Plan Forms for the U.S. Department of Housing and Urban Development (HUD) Continuum of Care (COC) applications for homeless housing, planning and service projects by Opening Doors Northwest Florida (ODNWF).
 
9. 14618   Recommendation Concerning Appointment of Committee Members to the Escambia County Affordable Housing Advisory Committee - Tonya Gant, Neighborhood & Human Services Department Director

That the Board adopt the Resolution re-establishing the Escambia County Affordable Housing Advisory Committee (AHAC) and appointing the following members, including the City of Pensacola appointees, to serve on the AHAC for a three-year term, effective October 1, 2018, through September 30, 2021:

A. George Edward Brown, Jr.;
B. Frances S. Cutshaw;
C. Timothy H. Evans;
D. Laura L. Gilmore;
E. Heidi Palmquist;
F. John G. Ralls;
G. Kris Waters;
H. Renee D. Wilhoit;
I. Paul Ritz (City of Pensacola appointee); and
J. John Rickmon (City of Pensacola appointee).
 
10. 14597   Recommendation Concerning the Request for Disposition of Property of the Clerk & Comptroller's Office - Pam Childers, Clerk of the Circuit Court and Comptroller

That the Board approve the two Request for Disposition of Property Forms for Clerk & Comptroller's Office for all of the equipment, which is described and listed on the Request Forms, with reason for disposition stated. The items are to be auctioned as surplus or disposed of properly.
 
11. 14573   Recommendation Concerning the Request for Disposition of Property for the Facilities Management Department - Robert E. Dye, Facilities Management Interim Department Director

That the Board approve the Request for Disposition of Property Form for the Facilities 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 disposed of properly.
 
12. 14587   Recommendation Concerning the Request for Disposition of Property for the Public Safety Department - Michael D. Weaver, Public Safety Department Director

That the Board approve the Request for Disposition of Property Form for the Public Safety Department, for property which is described and listed on the Form, with reason 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 disposed of properly.
 
13. 14545   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the September 2nd Fireworks Display from a Barge off Quietwater Beach - 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 measurement when measured by a sound level meter at or within the property boundary of the receiving land use) for the Fireworks Event from a Barge on the Soundside of Quietwater Beach for the Soundside Merchants Labor Day Rock & Reggae Celebration on September 2, 2018, from 9:00 p.m., to 9:30 p.m.
 
14. 14602   Recommendation Concerning the Non-Exclusive License Agreement between Escambia County and Northwest Florida Modelers, Inc. - Michael E. Rhodes, Parks and Recreation Department Director

That the Board take the following action concerning the Non-Exclusive License Agreement between Escambia County and Northwest Florida Modelers, Inc.:

A. Approve the Non-Exclusive License Agreement between Escambia County and Northwest Florida Modelers, Inc., for use of a parcel of property at the north end of Jamesville Road on the closed Beulah Landfill; and

B. Authorize the Chairman to sign the Non-Exclusive License Agreement.
 
15. 14649   Recommendation Concerning Vendor Selection for Mid-Town Commerce Park - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board waive the policy regarding a "Blackout Period" relative to Parkside Partners, LLC's, response to PD 17-18.073 – Mid-Town Commerce Park and allow communication with individual Commissioners and the Board as a whole as required.
 
16. 14652   Recommendation Concerning the Letter of Understanding between Zoll Data Systems, Inc., and Escambia County, Florida - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the Letter of Understanding (LOU) between Zoll Data Systems, Inc., and Escambia County, Florida:

A. Approve the LOU between Zoll Data Systems, Inc., and Escambia County, Florida, for the use of NEMSIS V3 Third Party ePCR Import and Auto Attach in an executable code for a test data base and testing purposes, that is effective on the date of execution by the last-signing party and that shall remain in effect for a period of two weeks; and

B. Authorize the Chairman or Vice Chairman to execute the LOU.
 
  II.  Budget/Finance Consent Agenda
 
1. 14610   Recommendation Concerning Multi-family Housing Revenue Bonds for Delphin Downs Multi-family Rental Housing Project - JoLinda H. Herring, Bryant Miller Olive P.A. and Patricia D. Lott, Executive Director, Escambia County Housing Finance Authority

That the Board adopt the Resolution [the "2018 TEFRA (Tax Equity and Fiscal Responsibility Act) Resolution"] approving the plan of finance therein described and the issuance and sale of not exceeding $10,000,000 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.
 
2. 14613   Recommendation Concerning Refunds Due to Certain Leaseholders on Pensacola Beach - Amy Lovoy, Assistant County Administrator

That the Board authorize staff to release certain funds from the County's escrow for Pensacola Beach taxation lawsuits and turn them over to the Office of the Tax Collector, so they can make refund payments to certain leaseholders as settlements on the land taxation and valuation lawsuit(s) are made and approved by the Courts.

[Funding Source: Fund 001, General Fund, Cost Center 110201]
 
3. 14595   Recommendation Concerning a Change Order to Purchase Order Number 180421, Thompson Tractor Company, Inc., for Repairs and Maintenance to Heavy Equipment - Patrick T. Johnson, Waste Services Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order Number 3, to Purchase Order Number 180421, Thompson Tractor Company, Inc., for repairs and maintenance to Heavy Equipment:

Department: Waste Services Department
Division: Operations
Type: Addition
Amount: $100,000
Vendor: Thompson Tractor Company, Inc.
Project Name: Supplies, Labor, Repairs, & Rentals, "OEM" Manufacturer
PO#: 180421
CO#: 3
Cost Center for CO: 230307 - $20,000; 230314 - $80,000
Original PO Amount: $ 361,000
Cumulative Amount of Change Orders: $ 189,000
New PO Total: $ 550,000

 
4. 14605   Recommendation Concerning the Cancellation of Residential Rehab Grant Program Liens - Tonya Gant, Neighborhood & Human Services Department Director

That the Board ratify the following August 16, 2018, 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 Residential Rehab Grant Program Liens:

A. Approving the following cancellations of seven Residential Rehab Grant Program Liens, as the Grant recipients have met their one-year of compliance with the Residential Rehab Grant Program:
Property Owners Address Amount
Joseph M. Baudendistel 424 Gibbs Road $5,900
Richard L. Burdess 116 West Sunset Avenue $3,276
DK2 R E Investments, LLC, 3981 West Gadsden Street $6,000
John W. and Kelly A. Gilkerson 121 Gilliland Road $3,867
Robert G. Handshumaker and Anna J. Erikson 104 Brandywine Road $5,475
Michael E. Jackson 817 North Green Street $2,380
Mavis Shelby Rosetti 4117 West Belmont Street $3,812

B. Authorizing the Chairman to execute the Cancellation of Lien documents.
 
5. 14609   Recommendation Concerning the Acquisition of Real Property for Erress Boulevard and Diego Circle Blight Reduction Project - Tonya Gant, Neighborhood & Human Services Department Director

That the Board take the following action regarding the acquisition of six real properties located in the Westernmark and Valencia Arms Subdivisions for the Erress Boulevard and Diego Circle Blight Reduction Project:

A. Authorize the purchase of the following real properties for the appraised values as indicated below:

Parcel ID Property Owner Address Approximate Parcel Size Appraised Value
09-2S-30-0550-000-050 Allen L. & Brenda Janssen 121 Diego Circle .0605 $18,000
09-2S-30-0550-000-048 Allen L. & Brenda Janssen 125 Diego Circle .0382 $15,000
09-2S-30-0550-000-046 Allen L. & Brenda Janssen 129 Diego Circle .0382 $13,000
09-2S-30-0550-000-039 Jacenta L. Walker 155 Diego Circle .1058 $13,000
09-2S-30-0550-000-037 Calvary Christian Center, Inc. 161 Diego Circle .0364 $14,000
09-2S-30-1000-072-008 Darryl D. & Prudence Y. Howard 4265 Erress Boulevard .1151 $14,000

B. Authorize County staff to draft Contracts for Sale and Purchase for the acquisition of the above noted properties, and to bring the executed Contracts 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.

[Funding: Fund 129, 2015 CDBG, Cost Center 370224]
 
6. 14563   Recommendation Concerning the Issuance of a Fiscal Year 2017/2018 Purchase Order, in Excess of $50,000, to Stryker Medical - Michael D. Weaver, Public Safety Department Director

That the Board approve the issuance of and authorize the County Administrator to sign a Blanket Purchase Order, in excess of $50,000, for the annual maintenance of all Power-LOAD systems purchased on behalf of the Public Safety Department's Emergency Medical Service Division, per the following:

Vendor/Contractor Amount Contract Number
Stryker Medical
Vendor Number: 195684
Repair & Maintenance

Fund: 408 (EMS Fund)
Cost Center: 330302
Amount: $66,765.84		 $66,765.84 Blanket Purchase Order

[Funding Source: Fund 408, EMS Fund, Cost Center 330302, Emergency Medical Services]
 
7. 14506   Recommendation Concerning a Lease Agreement between SLJM Properties, LLC, and Escambia County for the Emergency Medical Services Division - Michael D. Weaver, Public Safety Department Director

That the Board approve, and authorize the Chairman to sign the Lease Agreement between SLJM Properties, LLC, and Escambia County for the lease of an office/warehouse unit located at 760 Van Pelt Lane, Unit “D,” Pensacola, for one year at the monthly cost of $1,055, commencing August 1, 2018, with an optional one-year term extension, for minor fleet maintenance and storage purposes for the Emergency Medical Services (EMS) Division.

[Funding Source: Fund 408, Emergency Medical Services Fund, Cost Center 330302]
 
8. 14564   Recommendation Concerning the Fifth Amendment to the Agreement for Inmate Food Service, PD13-14.065 - Selina Barnes, Interim Director of Corrections

That the Board take the following action concerning the fifth amendment to the Agreement for Inmate Food Service (PD 13-14.065), between Escambia County and Aramark Correctional Services, LLC, which provides the food service for the Escambia County Jail and the Escambia County Work Release Facility:

A. Approve the Amendment to Agreement for Inmate Food Service (PD 13-14.065), which increases the price per meal by $0.021, effective October 1, 2018, and will bring the total price per meal from $0.8414 to $0.8624; and

B. Authorize the Chairman to execute the Amendment to Agreement.

[Funding is available to cover this increased cost in the General Fund (001), Detention Cost Center 290401, Object Code 53401; and the Misdemeanor Probation Fund (114), Residential Probation Cost Center 290305, Object Code 53401]
 
9. 14617   Recommendation Concerning a Change Order to LocumTenens.com, LLC, for Psychiatry Services for Inmates in the Custody of the Escambia County Department of Corrections - Selina Barnes, Interim Director of Corrections

That the Board approve and authorize the County Administrator to execute the following Change Order 2, adding funds for psychiatry services provided to those in the custody of Escambia County Corrections:

Department: Corrections
Division: Jail
Type: Addition
Amount: $45,500
Vendor: LocumTenens.com, LLC
Purchase Order: 180197
Change Order: 2
Original Award Amount: $154,560
Cumulative Amount of Change Orders Through This Change Order: $45,500
New Purchase Order Total: $200,060

[Funding Source: Fund 001, General Fund; Cost Center 290402, Object Code 53101]
 
10. 14543   Recommendation Concerning Supplemental Budget Amendment #171 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #171, General Fund (001) and Transportation Trust Fund (175) in the amount of $35,619, to recognize a transfer of three vacant correction officer positions from the Detention Budget to the Road Prison Budget, and to appropriate these funds for the creation of a female road crew to better utilize our inmate population for road maintenance activities at the Road Prison. The funding associated with this transfer covers the remaining two months of Fiscal Year 2017/2018.
 
11. 14569   Recommendation Concerning Supplemental Budget Amendment #178 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #178, General Fund (001) in the amount of $12,304, to recognize the Albert Network Monitoring Solution Grant from the Florida Department of State, Division of Elections, and to appropriate these funds to purchase, install, and maintain a new Albert Sensor Server for the Escambia County Supervisor of Elections Office. The Albert Sensor Server will provide a network monitoring solution as part of the ongoing effort to improve the administration of Federal Elections.
 
12. 14594   Recommendation Concerning Supplemental Budget Amendment #179 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #179, Mass Transit Fund (104) and Federal Transit Administration (FTA) Capital Projects Fund (320), in the amount of $366,573, to recognize the difference between what is budgeted in the current year ($3,164,180) and the final apportionment ($3,530,753) for the 2018 FTA Grant 1092-2018-1, received from the Federal Transit Administration (FTA), and to appropriate these funds to be used for ADA Paratransit service, repair and maintenance to security cameras and associated equipment, fixed route vehicle maintenance and operation expenses, and $63,954 to Baldwin County for bus shelters. Florida toll revenue credits will be used as a soft match for the required $257,688. The operating assistance of $2,500,000 requires a local 50% match of $2,500,000 and was included in the Fiscal Year 2018 Budget.
 
13. 14616   Recommendation Concerning Supplemental Budget Amendment #180 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #180, Master Drainage Basin Fund (181), in the amount of ($530,431), to reflect an adjustment to the Fund Balance due to a calculation error that overstated the available funds, and to appropriate this adjustment in the Fiscal Year 2017/2018 Master Drainage Basin Cost Center Budgets.
 
14. 14614   Recommendation Concerning Supplemental Budget Amendment #182 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #182, Local Option Sales Tax III Fund (352), in the amount of $646,930, to recognize proceeds from a United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Program Grant, and to appropriate these funds for grade stabilization of Motley Court Clear Creek Gulley.
 
15. 14619   Recommendation Concerning Supplemental Budget Amendment #183 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #183, Other Grants and Projects Fund (110) in the amount of $240,530, to recognize a Florida Department of State, Division of Elections Grant to purchase products or services that enhance security for the 2018 Primary/General Election in Escambia County. Funds will be spent to strengthen cyber security for elections systems, cyber security training for local election officials, cyber security best-practices, voter education, poll worker training and standardizing elections results reporting, and upgrades of election related computer systems.
 
16. 14615   Recommendation Concerning Contract Award for Carver Park Drainage Improvements Project - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and B&W Utilities, Inc. per the terms and conditions of PD 17-18.048, Carver Park Drainage Improvements Project, in the amount of $1,291,129.48.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project Number 13EN2395 and Project Number 14EN2605]
 
17. 14591   Recommendation Concerning the Purchase of One 2018 Ford Mini-Bus with A.D.A. Option - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board take the following action regarding the purchase of one 2018 Ford Mini-Bus with A.D.A. Option:

A. Authorize the County to utilize the Florida Department of Transportation (FDOT) Contract #TRIPS-15-MB-CB, in accordance with Escambia County, Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Application; Exemptions; and Section 46-64, Board approval; and

B. Authorize the issuance of a Purchase Order for the purchase of one 2018 Ford Mini-Bus with A.D.A. Option for the Mass Transit Services Department of Escambia County, Florida, to Creative Bus Sales, Inc., in the amount of $71,770, according to the specifications outlined in Specification Number VE 17-18.022.

In an effort to encourage competition from local businesses, and in compliance with Board-adopted policy, this purchase was advertised on the Escambia County web site for thirty days. The original quote was the only bid received.

[Funding: Fund 320, Comm Svcs Administration; Cost Center 211230, 2013 FTA 5339 FL 34-0021; Object Code 56401, Machinery and Equipment]
 
18. 14579   Recommendation Concerning the Issuance of a Purchase Order for One Pierce Impel PUC Rescue Pumper - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board take the following action regarding the purchase one Pierce Impel PUC Rescue Pumper:

A. Authorize the County to utilize the Florida Sheriff's Association/Florida Association of Counties and Florida Fire Chiefs' Association Contract, FSA 18-vEF13.0 Spec 19, Level 1 Pumper, in accordance with Escambia County, Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Application; Exemptions; and Section 46-64, Board approval; and

B. Authorize the issuance of a Purchase Order for the purchase of one Pierce Impel PUC Rescue Pumper for the Public Safety Department of Escambia County, Florida, to Ten-8 Fire Equipment, Inc., in the amount of $632,614, according to the specifications outlined in Specification Number VE 17-18.021.

In an effort to encourage competition from local businesses, and in compliance with Board-adopted policy, this purchase was advertised on the Escambia County web site for thirty days. No bids were received above the original quote.

[Funding: Fund 352, LOST III; Cost Center 330228, Fire Services Cap Project; Object Code 56401, Machinery and Equipment; Project Number 08FS0018]
 
19. 14575   Recommendation Concerning the Purchase of Two 2019 Ford F-250 3/4-Ton 4-Door Crew Cab Pickup Trucks 4x4 (W2B) - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board take the following action regarding the purchase of two 2019 Ford F-250 3/4-Ton 4-Door Crew Cab Pickup Trucks 4x4 (W2B):

A. Authorize the County to utilize the Florida Sheriff's Association/Florida Association of Counties and Florida Fire Chiefs' Association Automotive Contract #FSA17-VEL25.0 Chassis, FSA17-VEL15.0, in accordance with Escambia County, Florida Code of Ordinances, Chapter 46, Article II, Section 46-44, Application; Exemptions; and Section 46-64, Board approval; and

B. Authorize the issuance of a Purchase Order for the purchase of two 2019 Ford F-250 3/4-Ton 4-Door Crew Car Pickup Trucks 4x4 (W2B), for the Public Works Department/Traffic Division of Escambia County, Florida, to Duval Ford, LLC, in the amount of $57,514, according to the specifications outlined in Specification Number VE 17-18.017.

In an effort to encourage competition from local businesses, and in compliance with Board-adopted policy, this purchase was advertised on the Escambia County web site for 30 days. The original quote was the only bid received.

[Funding: Fund 175, Transportation Fund; Cost Center 211201, Transportation and Traffic; Object Code 56401, Machinery and Equipment]
 
20. 14560   Recommendation Concerning an Interlocal Agreement between Escambia County, Florida, and the City of Pensacola for the National Pollutant Discharge Elimination System Permit Services and Permit Fees - Joy Jones, P.E., Public Works Department Director

That the Board take the following action regarding the Interlocal Agreement between Escambia County, Florida, and the City of Pensacola for the National Pollutant Discharge Elimination System (NPDES) Permit Services and Permit Fees:

A. Approve the Interlocal Agreement between Escambia County, Florida, and the City of Pensacola for the NPDES Permit Services and Permit Fees; and

B. Authorize the Chairman to sign the Interlocal Agreement and any subsequent Agreement and related documents, including time extensions.

[Funding: Fund 101, Restricted Fund, Revenue Account 337303, City of Pensacola - NPDES. The City of Pensacola will reimburse Escambia County for the cost of NPDES services, in the amount of $60,000 per year]
 
21. 14561   Recommendation Concerning the United States Department of Agriculture Natural Resources Conservation Service Emergency Watershed Protection Program for Motley Court Clear Creek Gulley - Joy Jones, P.E., Public Works Department Director

That the Board take the following action concerning the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Program for Motley Court Clear Creek Gulley:

A. Approve and Authorize the County Administrator to execute the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Program for Motley Court Clear Creek Gulley Grant Agreement #NR184209XXXXC038, for Motley Court Clear Creek Gulley Improvement Project;

B. Authorize staff to pursue acquisition easements, subject to legal review and sign-off, including any Agreements, Hold Harmless Agreements, or other documents of conveyance as may be required from the property owner; and

C. Authorize the County Administrator to execute, subject to Legal review and sign-off, any subsequent Agreements and program-related documents for this project that do not alter the finite terms of funding amounts or budgets.

[Funding for the 25% match is coming from Fund 352, Local Option Sales Tax III, Cost Center 210107, Object Code 56301, Project 08EN0068, $250,000]

This project is located in Commission District 5.
 
22. 13024   Recommendation Concerning the Acceptance of a Portion of Real Property from Harvesters Federal Credit Union - Joy Jones, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of a portion of real property, located in the 3200 Block of Blue Angel Parkway, from Harvesters Federal Credit Union:

A. Accept the Warranty Deed donating a portion of real property, located in the 3200 Block of Blue Angel Parkway, from Harvesters Federal Credit Union; and

B. Authorize the Chairman or Vice Chairman to accept the Warranty Deed, as of the day of delivery of the Warranty Deed to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

[Funds associated with the recording of this document are available in the Engineering Escrow Account]

This property is located in Commission District 1.
 
23. 14631   Recommendation Concerning the Funding Allocation for the General Daniel "Chappie" James Museum - Commissioner Lumon May, District 3

That the Board approve allocating $1,500 from Commissioner Lumon May's discretionary money for the General Daniel "Chappie" James Museum. The funding will be utilized for the design, fabrication and installation of related materials and memorabilia needed for the exhibits.

[Funding: Fund 001, Discretionary Money, Cost Center 110101, Object Code 58201]
 
24. 14639   Recommendation Concerning Contract Award for South Old Corryfield Road Bridge Replacement and Sidewalk & Drainage Improvements - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board take the following action concerning the Agreement between Escambia County, Florida, and Roads, Inc. of NWFL, per the terms and conditions of PD 17-18.068, South Old Corryfield Road Bridge Replacement and Sidewalk & Drainage Improvements:

A. Approve and authorize the County Administrator to sign the Agreement for a lump sum of $3,406,316.92; and

B. Authorize the County Administrator to execute all related documents, Purchase Orders, and Owner Direct Purchases (ODPs), in the amount of $50,000 or greater.

[Funding: Fund 353, LOST IV; Cost Center 210106; Object Code 56301, Improvements Other Than Buildings; Project 18EN0192; $2,510,000; Fund 352, LOST III; Cost Center 210107, Transportation & Drainage; Object Code 56301, Improvements Other Than Buildings; Project # 13EN2382; $869,316.92; and Fund 181, Master Drainage Basin 8, Cost Center 210726, Object Code 56301, $27,000]
 
25. 14642  
Recommendation Concerning the Reallocation of Capital Improvement Program Funds - Joy Jones, P.E., Public Works Department Director

That the Board approve the reallocation of funds from Fund 352, LOST (Local Option Sales Tax) III, Cost Center 210107, "Transportation and Drainage (T&D)," in the amount of $199,021, to the following projects:

FROM:
Type Description District Amount
D Buddy's Lane 2 $1,758
D Grande Lagoon 2 $81,166
D Jackson Lakes 2 41,020
T ADA Improvements 9 $10,931
T Bridges 9 $38,257
T Myrtle Grove Sidewalks 2 $21,011
T Neighborhood Improvements - Old Corry 2 $114
T Resurfacing 9 $4,764
Total Drainage $123,944
Total Transportation $75,077
Grand Total to Transfer $199,021

TO:
Type Description District Amount
T South Old Corry Bridge 2 $123,944
D South Old Corry Drainage 2 $75,077
Grand Total $199,021

NOTE: An additional $27,000 will come from the Master Drainage Basin Fund 8 - Fund 181, Cost Center 210726.

[Funding Source: Fund 352, "Local Option Sales Tax III," Account 210107]
 
26. 14648   Recommendation Concerning the Fiscal Year 2018/2019 Department of Juvenile Justice Detention Cost Sharing, Stephan Hall, Budget Manager, Management and Budget Services

That the Board approve payment to the Florida Department of Juvenile Justice (DJJ) based on the Fiscal Year 2018/2019 Invoice schedule provided to Escambia County. The annual billable amount is $2,666,541.21 or $222,211.77/month; this is an increase of $802,032 over the current Fiscal Year's annual billable amount of $1,864,510. There is currently $2,100,000 in the proposed budget, and a funding increase of $566,542 will be necessary to fully fund this state-mandated request.
 
  III. For Discussion
 
1. 14568   Recommendation Concerning State Law Enforcement Trust Fund - Henrique Dias, Chief Financial Officer, Escambia County Sheriff's Office Finance Division

That the Board approve the following allocations of Law Enforcement Trust (LET) Funds, per the requirements of F.S. 932.7055(5) for Outside Agency partners in Escambia County for Fiscal Year 2017/2018:

A. Ensley Youth Sports Association, Inc., in the amount of $1,000;

B. Cantonment Football Club, Inc., in the amount of $400;

C. Escambia Search and Rescue, Inc., in the amount of $3,000; and

D. The Arc Gateway, Inc., in the amount of $20,000.

Upon approval of these funding allocations, the Sheriff’s Office will process all appropriate paperwork and submit for payment from LET Funds to the Escambia Clerk of the Circuit Court and Comptroller.

[Funding Source: Fund 121, Law Enforcement Trust Fund, Cost Center 540103, Aids to Private Organizations 58201]
 
2. 14621   Recommendation Concerning the Acquisition of Real Property Located at 4311 Erress Boulevard for the Erress Boulevard and Diego Circle Blight Reduction Project - Tonya Gant, Neighborhood & Human Services Department Director

That the Board either approve, by super majority vote, or deny the following action:

A. Authorize the purchase of real property located at 4311 Erress Boulevard from Jacqueline Pinkard, for the Erress Boulevard and Diego Circle Blight Reduction Project, in the amount of $17,000 (County's appraised value is $15,000);

B. Authorize County staff to draft Contracts for Sale and Purchase, for the acquisition of the above noted properties, and to bring the executed Contracts 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.

[Funding: Fund 129, 2015 CDBG, Cost Center 370224]
 
3. 14638   Recommendation Concerning the Appointment of the Initial Nine Members of the Northwest District 1 Advisory Committee - Commissioner Jeff Bergosh, District 1

That the Board confirm the appointment of the following initial nine members of the Northwest District 1 Advisory Committee: Kim Aderholdt, Dr. Laura Bryant, Paul Flores, Jay Ingwell, Jill Johnson, George Levy, David Liechty, Joseph Poitevin, and Wilson Taylor.
 
4. 14651   Recommendation Concerning Use of County-Owned, Gulf-Front Property, 16400 Block Perdido Key Drive - J. Taylor "Chips" Kirschenfeld, Director, Department of Natural Resources Management

That the Board discuss the use of County-owned, Gulf-front property, 16400 Block Perdido Key Drive.
 
5. 14658   Recommendation Concerning West Kingsfield Extension - Commissioner Steven Barry, District 5

THE RECOMMENDATION WILL BE DISTRIBUTED UNDER SEPARATE COVER.
 
 
COUNTY ATTORNEY'S REPORT
 
  I. For Information
 
1. 14635   Recommendation Concerning Jacqueline Rogers v. Escambia County Board of County Commissioners, DOAH Case No.: 17-5530GM

That the Board accept for information the attached Final Order No. DEO-18-041 rendered on August 18, 2018 by Director Julie A. Dennis, State of Florida, Division of Community Development, Department of Economic Opportunity (DEO), in the matter of Jacqueline Rogers v. Escambia County Board of County Commissioners, Case No.: 17-5530GM in which the Department of Economic Opportunity adopted the Recommended Order of the Administrative Law Judge which found in favor of Escambia County and held that the Plan Amendment adopted by Escambia County Ordinance 2017-53 allowing a parcel to opt-out of the Sector Plan is in compliance as defined in Section 163.3184(1)(b), Florida Statutes.

With two minor exceptions, the Recommended Order was adopted in toto. The exceptions were to note:
1) As opposed to all former GBD parcels converting to HC/LI, there were a few parcels previously zoned GBD which did not convert to HC/LI; and

2) As opposed a mandatory requirement that the County grant an opt-out if an applicant meets our criteria, the County is not obligated to grant an opt-out simply because an applicant meets our criteria.
 
2. 14655   Recommendation Concerning the Final Order filed on August 6, 2018, in the Circuit Court of the First Judicial Circuit granting Petitioners’ Writ of Certioriari.

That the Board accept the following information in the matter of Teramore Development, LLC, Shu Cheng Shurett, and Leo Huang v. Escambia County, Florida; Case No.: 2017 CA 001778:

The Petitioners previously initiated an administrative appeal with the Board of Adjustment to review the Planning Official’s determination that the Petitioners’ proposed commercial development did not satisfy the applicable location criteria and would not achieve long term compatibility with the surrounding area. The BOA conducted a quasi-judicial hearing on October 18, 2017, and unanimously voted to deny the Petitioners’ appeal and affirm the Planning Official’s decision. Thereafter, the Petitioners filed a petition for writ of certiorari with the Circuit Court of the First Judicial Circuit seeking review of the BOA’s decision to deny the appeal.

On August 6, 2018, the Circuit Court issued an order granting the Petitioners’ petition. The Court quashed the BOA’s decision after concluding the decision was not based upon competent substantial evidence and further concluded the BOA departed from the essential requirements of the law by failing to apply the plain language of the applicable code provision. With the decision quashed, the matter remains pending and must be scheduled for further proceedings before the BOA.

The County may seek review of the Circuit Court’s order by filing a petition for writ of certiorari with the First District Court of Appeal within thirty (30) days from the date of rendition of the order. The County Attorney’s Office is not recommending that the County request certiorari jurisdiction of the DCA to review the order at this time.
 
3. 14657   Recommendation Concerning the Town of Century's acceptance letter regarding Escambia County Ordinance No. 2018-19 to provide natural gas utility services to certain areas in Northern Escambia County.

That the Board accept the filing of the attached letter dated May 3, 2018, from the Town of Century's Mayor, Henry Hawkins regarding Escambia County Ordinance No. 2018-19 to provide natural gas utility services to certain areas of Northern Escambia County.
 
11.   Items added to the agenda.
 
12.   Announcements.
 
13.   Adjournment.
 

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