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AGENDA
Board of County Commissioners
Regular Meeting – November 7, 2013 – 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. 5181   Proclamations.

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

A. Adopt the Proclamation commending and congratulating Pat Chunn on her selection as the “Employee of the Month” for November 2013;

B. Adopt the Proclamation proclaiming November 16 - 24, 2013, as “National Hunger and Homelessness Awareness Week” and encouraging all citizens to recognize that many people do not have housing and need support from citizens and private and public nonprofit service entities;

C. Adopt the Proclamation honoring and congratulating Mrs. Lois M. Stewart on reaching the age of 100 and extending best wishes to her for continued good health and happiness;

D. Adopt the Proclamation commending the leaders and members of First Pentecostal Church of Pensacola for the testimony of truth and love of Jesus Christ they have exhibited to the community and for the myriad outreach efforts they have provided to the community over the years and extending congratulations to First Pentecostal Church of Pensacola on its 80th Anniversary of ministry to the community;

E. Ratify the Proclamation dated October 11, 2013, extending a warm welcome to Senator Dwight M. Bullard upon the occasion of his visit to Escambia County, Florida; and

F. Ratify the Proclamation dated October 31, 2013, extending to the Great Gulfcoast Arts Festival, Inc., its many thanks for such stellar contributions to the advancement of the arts within our community and inviting citizens to participate in these activities.
 
7.   Written Communication:
 
A. 5235   July 2, 2013 - Email Communication from Greg Rideout, Acura Title Company, requesting the Board approve a partial release of a Code Enforcement Lien attached to property located at 6 Rowland Court.

Recommendation: That the Board review and consider lien relief request made by Greg Rideout, Acura Title Company, against property located at 6 Rowland Court.

On June 18, 2009, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2. Staff was instructed to review all request for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness, in accordance with the Board’s policy.

After reviewing the request for forgiveness of Liens, staff made the determination that the request does not fall within any of the criteria that would allow the County Administrator to deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.

The owner has no other recourse but to appeal before the Board under Written Communication.
 
B. 5236   October 7, 2013 - Communication from Jezebeth S. Clark requesting the Board forgive a Code Enforcement Lien attached to property located at 6802 West Jackson Street.

Recommendation: That the Board review and consider lien relief request made by Jezebeth S. Clark against property located at 6802 West Jackson Street.

On June 18, 2009, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2. Staff was instructed to review all request for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness, in accordance with the Board’s policy.

After reviewing the request for forgiveness of Liens, staff made the determination that the request DOES fall within any of the criteria that would allow the County Administrator to deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.

Ms. Clark was sent two denial letters from Interim County Administrator George Touart dated October 7, 2013, and October 21, 2013. The owner continued to request to appear before the Board.
 
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. 5245   5:31 p.m. Public Hearing for consideration of adopting a Resolution approving Supplemental Budget Amendment #001 to re-budget ongoing projects that were not completed by the end of Fiscal Year 2012-2013.

Recommendation: That the Board take the following action concerning re-budgeting ongoing projects that were not completed by the end of Fiscal Year 2012-2013:

A. Conduct the 5:31 p.m. Public Hearing on November 7, 2013, to amend the Fiscal Year 2013-2014 Budget for the purpose of recognizing prior year Grants and fund balances, and to appropriate these funds for ongoing projects;

B. Adopt the Resolution approving Supplemental Budget Amendment #001, General Fund (001), Escambia County Restricted Fund (101), Economic Development Fund (102), Mass Transit Fund (104), Tourist Development Fund (108), Other Grants and Projects (110), Article V Fund (115), Perdido Key Beach Mouse Fund (117), CDBG/HUD Entitlement Fund (129), E-911 Operations Fund (145), HUD Home Fund (147), Community Redevelopment Fund (151), Southwest Sector CRA (152), Bob Sikes Toll Fund (167), Transportation Trust Fund (175), Master Drainage Basin Funds (181), FTA Capital Project Fund (320), Local Option Sales Tax III Fund (352), Solid Waste Fund (401), Emergency Services Fund (408), Civic Center Fund (409), and Internal Service Fund (501), in the amount of $73,080,440.76, to re-budget the funds associated with ongoing projects that were not completed by the end of Fiscal Year 2012-2013; and

C. Approve all associated Fiscal Year 2013-2014 Purchase Orders for projects with existing Purchase Orders.
 
10. 5252   Committee of the Whole Recommendation

The Committee of the Whole (C/W), at the October 29, 2013, Joint Board of County Commissioners/Escambia County Planning Board C/W Workshop, recommends that the Board authorize, and ratify Commissioner Robinson's signature on, a letter, dated October 28, 2013, to the U. S. Department of Treasury, requesting a 30-day extension to the November 5, 2013, deadline for all responses to the Proposed Treasury Rules, RIN: 1505-AC44 (concerning the investment and use of amounts deposited in the Gulf Coast Restoration Trust Fund, which was established in the Treasury of the United States by the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 [RESTORE Act]) (Commissioner Robinson's Add-on Item 1).
 
11.   Reports:
 
 
 
 
CLERK & COMPTROLLER'S REPORT
Backup Not Included With The Clerk's Report Is Available For Review In
The Office Of The Clerk To The Board
Escambia County Governmental Complex, Suite 130
 
  I.  Consent Agenda
 
1. 5186   Recommendation Concerning Acceptance of Documents Provided to the Clerk to the Board's Office

That the Board accept, for filing with the Board's Minutes, the following documents provided to the Clerk to the Board's Office:

A. The original Agreement between Escambia County and Geosyntec Consultants for Brownsfields Services (PD 06-07.038), as executed by the Interim County Administrator on October 9, 2013, based on the Board's June 16, 2011, award of a Task Order-Based Continuing Contract, and received in the Clerk to the Board's Office on October 10, 2013; and

B. Closing documents relating to the sale, to We Are Having Fun, LLC, of property located at 1608 West Desoto Street, as approved by the Board on September 17, 2012, executed by the Chairman on October 9, 2013, and received in the Clerk to the Board's Office on October 22, 2013;

C. Closing documents relating to the sale, to Ian Williams, of property located at 413 Rue De Rocheblave, as approved by the Board on November 15, 2012, executed by the Chairman on October 23, 2013, and received in the Clerk to the Board's Office on October 25, 2013; and

D. The 2013 Annual Investment Report, for Fiscal Year Ended September 30, 2013, as provided by the Honorable David Morgan, Escambia County Sheriff, and received in the Clerk to the Board's Office on October 25, 2013.
 
2. 5185   Recommendation Concerning Minutes and Reports Prepared by the Clerk to the Board's Office

That the Board take the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office:

A. Approve the Minutes of the Regular Board Meeting held October 17, 2013;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held October 17, 2013; and

C. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole (C/W) Workshop held October 10, 2013. (BACKUP TO BE DISTRIBUTED UNDER SEPARATE COVER)
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 5177   Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on October 7, 2013

That the Board take the following action concerning the rezoning cases heard by the Planning Board on October 7, 2013:

  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2013-16, Z-2013-18, Z-2013-19 or remand the cases back to the Planning Board; and
  2. Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning cases that were reviewed.
1. Case No.: Z-2013-16
Address: 2640 W. Michigan Ave
Property Reference No.: 42-1S-30-3004-000-003
Property Size: 2.23(+/-) acres
From: C-1, Retail Commercial District (cumulative) (25 du/acre)
To: C-2NA, General Commercial & Light Manufacturing District (cumulative) Bars, Nightclubs, and Adult Entertainment are prohibited uses (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 1
Requested by: Tom Arnett, President for Crystal Beach Homes, Inc., Owner
Planning Board Recommendation: Approval
Speakers: Tom Arnett, Van Hibberts
2. Case No.: Z-2013-18
Address: 6100 Mobile Hwy
Property Reference: 39-1S-31-4412-000-001; 39-1S-31-4413-000-000
Property Size: 3.34(+/-) acres
From: R-3/C-1, One-Family and Two-Family District, (cumulative) Medium Density and Retail Commercial District (cumulative) (25 du/acre)
To: C-1, Retail Commercial District (cumulative) (25 du/acre)
FLU Category: MU-U, Mixed Use Urban
Commissioner District: 1
Requested by: Derrell Slaughter, Owner
Planning Board Recommendation: Approval
Speakers: Derrell Slaughter
3. Case No.: Z-2013-19
Address: 3219 Stefani Rd
Property Reference No.: 38-1N-31-4301-000-000
Property Size: 3.04 (+/-) acres
From: VR-1, Villages Rural Residential District (Gross Density one du/four acres)
To: V-1, Villages Single Family Residential District (Gross Density one du/acre)
FLU: MU-S, Mixed - Use Suburban
Commissioner District: 5
Requested by: Randall & Mary Susan Goad, Owner
Planning Board Recommendation: Approval
Speakers: Randall Goad
 
2. 5196   5:45 p.m. A Public Hearing for Consideration for Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning cases heard by the Planning Board on October 7, 2013 and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 5198   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map.

That the Board of County Commissioners approve for transmittal to the Department of Economic Opportunity (DEO) the Large Scale Map Amendment (LSA) 2013-01.
At the October 7, 2013 Planning Board meeting, the Board recommended approval to the BCC.
 
  II. Consent Agenda
 
1. 5197   Recommendation Concerning the Scheduling of Public Hearing

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

Thursday, November 21, 2013

5:45 p.m. - A Public Hearing - CIE Annual Update
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 5225   Recommendation Concerning the Florida Forest Service Annual Report - George Touart, Interim 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 2012-2013, submitted by Adam Parden, Forest Area Supervisor, Division of Forestry.
 
2. 5227   Recommendation Concerning the Escambia County Health Facilities Authority Appointment - George Touart, Interim County Administrator

That the Board amend its action of October 3, 2013, approving the appointment of Linda T. Miragliotta to the Escambia County Health Facilities Authority, effective October 3, 2013, through October 2, 2017, to change the termination date to August 21, 2017, to coincide with the termination date of the term of Heber Christopher Brooks, Sr., per the request of Paula Drummond, Executive Director and General Counsel of the Escambia County Health Facilities Authority.
 
3. 5205   Recommendation Concerning Community Redevelopment Agency Chairman and Vice Chairman Appointments - Keith Wilkins, Community & Environment Department Director

That the Board ratify the October 17, 2013, action of the Community Redevelopment Agency (CRA) designating Commissioner Lumon J. May to serve as Chairman and Commissioner Gene M. Valentino to serve as Vice Chairman of the CRA. The terms will begin upon ratification and coincide with the appointments of the Chairman and Vice Chairman of the Board of County Commissioners.
 
4. 5237   Recommendation Concerning the Scheduling of a Public Hearing to Adopt the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes - Keith Wilkins, Community & Environment Department Director

That the Board authorize the scheduling of a Public Hearing on November 21, 2013, at 5:31 p.m., to consider adoption of an Ordinance Adopting the Florida Department of Environmental Protection's (FDEP) Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes.
 
5. 5213   Recommendation Concerning the Requests for Disposition of Property for the Office of the Clerk of Court and Comptroller - Pam Childers, Clerk of the Circuit Court and Comptroller

That the Board approve the two Request of Disposition of Property Forms for the Office of the Clerk of Court and Comptroller, for property which is to be auctioned or properly disposed of, all of which is described and listed on the Forms with the Agency and reason stated.
 
6. 5243   Recommendation Concerning the Request for Disposition of Property for the Office of the Clerk of Court and Comptroller - Pam Childers, Clerk of the Circuit Court and Comptroller

That the Board approve the Request of Disposition of Property Form for the Office of the Clerk of Court and Comptroller for property which is to be disposed of and is described and listed on the Form with the Agency and reason stated.
 
7. 5221   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for an Outdoor Veteran's Remembrance Ceremony - Donald R. Mayo, Interim Building Official

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 for the outdoor veteran's remembrance ceremony being held at Louie's Tavern, 271 Molino Road, Molino, Florida, on Saturday, November 9, 2013, from 11:00 a.m. to 11:59 p.m.
 
8. 5231   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the New Year's Eve Fireworks Display Launched from a Floating Platform Near the Portofino Pier on Pensacola Beach - Donald R. Mayo, Interim Building Official

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, extending the time to include the New Year's Eve fireworks display, sponsored by Portofino Island Resort and launched from a floating platform near the Portofino Pier on Pensacola Beach, from 11:59 p.m., December 31, 2013, to 12:10 a.m., January 1, 2014.
 
9. 5187   Recommendation Concerning Reappointments/Appointment to the Contractor Competency Board - Donald R. Mayo, Interim Building Official

That the Board take the following action concerning ten reappointments and one new appointment to the Escambia County Contractor Competency Board:

A. Waive the Board's Policy, Section I, Part B 1. (D), Appointment Policy and Procedures;

B. Reappoint, retroactively, the following three members, for a three-year term, effective October 1, 2012, through September 30, 2015:

1. David Lee Schwartz, Retired (Swimming Pool Contractor);

2. Victor Carl Wallace, Wallace Sprinkler & Supply, Inc. (Irrigation/Sprinkler Contractor); and

3. James F. Lee, Whitman & Whitman Insurance (Lay Person);

C. Reappoint, retroactively, the following six members, for a three-year term, effective May 1, 2012, through April 30, 2015:

1. James Trice Dukes, Summit Bank NA (Lay Person);

2. Leroy White, Leroy White Construction, Inc. (Building Contractor);

3. Verris "Mac" Magee, Master Gas Contractor, Expert Heating, A/C & Refrigeration, Inc. (Mechanical Contractor);

4. Sam Menezes, Pensacola Christian College (Master Plumbing Contractor);

5. James B. Reynolds, Retired (General Contractor); and

6. Michael E. Batchelor, Batchelor's Incorporated Roofing Contractors (Roofing Contractor);

D. Reappoint, retroactively, John H. Matthews, Retired (Lay Person), for a three-year term, effective June 7, 2013, through June 6, 2016; and

E. Appoint Erwin D. Waters, State Certified General Contractor, for a three-year term, effective November 7, 2013, through November 6, 2016.
 
10. 5192   Recommendation Concerning Reappointments to the Board of Electrical Examiners - Donald R. Mayo, Interim Building Official

That the Board take the following action concerning five reappointments to the Board of Electrical Examiners:

A. Waive the Board's Policy, Section I, Part B 1. (D), Appointment Policy and Procedures; and

B. Reappoint, retroactively, the following five members for a three-year term, effective May 1, 2012, through April 30, 2015:

1. David R. Hawkins, Gulf Power Company (Lay Person);

2. Thomas J. McElhany, McElhany Electric Company, Inc. (State Certified Electrical Contractor);

3. James E. Simmons, James E. Simmons Electric Co. (Escambia County Licensed Electrician);

4. John D. Scapin, II, Scapin Electric Company (State Certified Electrical Contractor); and

5. Joseph W. Moore, Jr., P.E., H.M. Yonge & Associates, Inc. (Active Consulting Electrical Engineer).
 
11. 5253   Recommendation Concerning the Florida-Alabama Transportation Planning Organization Membership Reapportionment Plan - Gene M. Valentino, District Two

That the Board adopt a Resolution endorsing the Florida–Alabama Transportation Planning Organization (TPO) Membership Reapportionment Plan for the Pensacola Florida–Alabama Urbanized area.
 
  II.  Budget/Finance Consent Agenda
 
1. 5167   Recommendation Concerning Budget Amendment #309 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #309, Development Review Fees Fund (116), Fire Protection Fund (143), Bob Sikes Toll Fund (167), and Transportation Trust Fund (175) in the amount of $23,125, to cover personnel shortages in Development Review, Fire Services, Bob Sikes Toll Administration, and Engineering.
 
2. 5175   Recommendation Concerning Supplemental Budget Amendment #016 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #016, General Fund (001) and Article V Fund (115) in the amount of $54,397, to recognize a transfer of funds from the General Fund, and to appropriate these funds for a Mental Health Case Manager position for Court Administration as part of the Jail transition for Fiscal Year 2013-2014.
 
3. 5200   Recommendation Concerning Supplemental Budget Amendment #020 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #020, General Fund (001) and the Community Redevelopment Fund (151) a reduction in the amount of $40,986, to recognize an adjustment to the Escambia County Tax Increment Financing (TIF) Districts. This adds $88,796 to reserves for operating and reduces $40,986 for the County TIF Areas, as well as, reducing $47,810 in the allocation to the City TIF Areas based on the final certification of property values.
 
4. 5234   Recommendation Concerning Supplemental Budget Amendment #024 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #024, Local Option Sales Tax III (LOST III) Fund (352) in the amount of $2,364,522, to recognize proceeds from the State of Florida Fish and Wildlife Conservation Commission (FWC), and to appropriate these funds for land acquisition for recovery and management of the Perdido Key beach mice.
 
5. 5241   Recommendation Concerning Budget Amendment #028 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #028, Jail Inmate Commissary Fund (111) in the amount of $102,078, to recognize a reallocation of operating funds for two positions associated with the Inmate Commissary portion of the Escambia County Jail. There are no new positions being created with this Budget Amendment.
 
6. 5244   Recommendation Concerning Supplemental Budget Amendment #029 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #029, Other Grants and Projects Fund (110) in the amount of $236,374, to recognize proceeds from four State of Florida, Division of Emergency Management (FDEM) Federal Fiscal Year 2013 Homeland Security Subgrant Agreements, and to appropriate these funds for Public Safety activities related to hazardous materials, training, and facility security.
 
7. 5180   Recommendation Concerning the Fiscal Year 2013/2014 Miscellaneous Appropriations Agreement for Art, Culture, and Entertainment, 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 between Escambia County and Art, Culture, and Entertainment, Inc:

A. Approve the Miscellaneous Appropriations Agreement in the amount of $306,099, to be paid from the 4th Cent Tourist Promotion Fund (108), Cost Center 360105, Account 58201;

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

C. Authorize the execution of the necessary Purchase Order.
 
8. 5240   Recommendation Concerning the Surplus and Sale of Real Property Located at 2300 Gulf Beach Highway - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the surplus and sale of real property located at 2300 Gulf Beach Highway:

A. Declare surplus the Board’s real property, Account Number 10-0632-000, Reference Number 35-2S-31-1000-013-079;

B. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid of $43,299, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

C. Authorize the Chairman to sign all documents related to the sale.
 
9. 5222   Recommendation Concerning the Miscellaneous Appropriations Agreement for the Naval Aviation Museum Foundation, 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 between Escambia County and Naval Aviation Museum Foundation, Inc.:

A. Approve the Miscellaneous Appropriations Agreement in the amount of $100,000, to be paid from the 4th Cent Tourist Promotion Fund (108), Cost Center 360105, Account 58201;

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

C. Authorize the execution of the necessary Purchase Order.
 
10. 5201   Recommendation Concerning the Fiscal Year 2013/2014 Miscellaneous Appropriations Agreement for Escambia Community Clinics, 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 between Escambia County and Escambia Community Clinics, Inc.:

A. Approve the Miscellaneous Appropriations Agreement in the amount of $378,969, to be paid from the General Fund (001), Cost Center 110201, Account 58226;

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

C. Authorize the execution of the necessary Purchase Order.
 
11. 5162   Recommendation Concerning Payment to the City of Pensacola for Tennis Court Renovations at Armstrong Park - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning payment to the City of Pensacola for Tennis Court Renovations at Armstrong Park:

A. Approve payment to the City of Pensacola in the amount of $50,000, for tennis court renovations at Armstrong Park; and

B. Approve any required Purchase Order necessary to make payment to the City.

[Funding Source: Fund 325, Local Options Sale Tax III, Cost Center 110267, Account 58101]
 
12. 5220   Recommendation Concerning the Florida Department of Health, Bureau of Emergency Medical Services, EMS County Grant Application - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Florida Department of Health, Bureau of Emergency Medical Services (EMS), EMS County Grant Application for Fiscal Year 2013/2014, in the amount of $30,881:

A. Adopt and authorize the Chairman to sign the Resolution certifying that the monies received from the State of Florida EMS Trust Fund, as the Escambia County Emergency Medical Services’ Award, shall be used to improve and expand the County’s pre-hospital EMS system and shall not be used to supplant existing EMS budget allocations in any manner; and

B. Approve and authorize the Chairman to sign the EMS County Grant Application and Request for Grant Fund Distribution.

[Funding: Fund 110, Other Grants and Projects Fund, Revenue Account 334221, Cost Center 330318]
 
13. 5217   Recommendation Concerning the State of Florida, Division of Emergency Management, Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement (Citizen Corps) - Michael D. Weaver, Public Safety Department Director

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

A. Approve the FDEM Federally-Funded Subgrant Agreement, allocating Grant funding for the Citizen Corps program, to be identified in Fund 110, Cost Center 330458, Revenue Account 334251;

B. Authorize the Chairman or Vice-Chairman to sign the Agreement; and

C. Authorize the Interim County Administrator to execute any related Subgrant Agreement documents to implement the Subgrant.
 
14. 5212   Recommendation Concerning the State of Florida, Division of Emergency Management, Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement (Domestic Security) - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the State of Florida, Division of Emergency Management (FDEM), Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement, Contract #14-DS-L5-01-27-01-XXX, allocating a Grant totaling $209,156, through May 31, 2015:

A. Approve the FDEM Federally-Funded Subgrant Agreement, allocating Grant funding that will be identified in Fund 110, Other Grants and Projects Fund, Cost Center to be determined, Revenue Account 334252;

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

C. Authorize the Interim County Administrator to execute any Grant-related documents required to implement this Subgrant Agreement.
 
15. 5214   Recommendation Concerning the State of Florida, Division of Emergency Management, Federal Fiscal Year 2013 Homeland Security Federally-Funded Subgrant Agreement (CERT) - Michael D. Weaver, Public Safety Department Director

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

A. Approve the FDEM Federally-Funded Subgrant Agreement, allocating Grant funding for the Community Emergency Response Team (CERT) program, to be identified in Fund 110, Cost Center 330430, Revenue Account 334248;

B. Authorize the Chairman or Vice Chairman to sign the Agreement; and

C. Authorize the Interim County Administrator to execute any related Subgrant Agreement documents to implement the Subgrant.
 
16. 5194   Recommendation Concerning Residential Construction Mitigation Program State-Funded Grant Agreement with the State of Florida Division of Emergency Management and Funding Agreement with Rebuild Northwest Florida, Inc. - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning award and implementation of the Residential Construction Mitigation Program (RCMP) State-Funded Grant Agreement with the State of Florida Division of Emergency Management (FDEM) and Funding Agreement with Rebuild Northwest Florida, Inc. (Rebuild):

A. Acknowledge, for the Official Record, award of the RCMP State-Funded Grant for Project #RCMP2014-002, in the amount of $150,000, by the FDEM;

B. Approve and ratify the Chairman’s execution of the RCMP State-Funded Grant Agreement between the County and FDEM, in the amount of $150,000, providing requirements for expenditure of the funds to further hurricane hardening and residential mitigation activities in Escambia County;

C. Approve the Funding Agreement between Rebuild Northwest Florida, Inc., and Escambia County, Florida, in the amount of $150,000, providing for implementation of the RCMP Grant in conjunction with Rebuild’s ongoing residential mitigation initiative; and

D. Authorize the Chairman to execute the Agreement with Rebuild Northwest Florida, Inc., and the Chairman or Interim County Administrator, as appropriate, to execute all Grant-related documents as required to receive the Grant funds, implement the project, and complete project related activities.

[Funding: Fund 110/Other Grants and Projects, Cost Center 220420)
 
17. 5168   Recommendation Concerning the Conveyance of Real Property Located at 2615 North 6th Avenue to AMR at Pensacola, Inc. - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning the conveyance of real property located at 2615 North 6th Avenue:

A. Rescind the (following) Board's action of September 6, 2012, concerning the conveyance of real property to AMR at Pensacola, Inc., a not-for-profit corporation, using Escambia County’s Surplus Property Disposition for Affordable Housing Development Program:

1. Declaring surplus the Board’s real property located at 2615 North 6th Avenue, Account Number 13-3648-000, Reference Number 00-0S-00-9020-014-094;

2. Adopting the new Resolution (R2012-124) authorizing the conveyance of this property to AMR at Pensacola, Inc., using Escambia County’s Surplus Property Disposition for Affordable Housing Development Program;

3. Approving the sale price of $1.00, plus closing costs, for the 2615 North 6th Avenue property; and

4. Authorizing the Chairman to execute the Resolution and all documents related to the sale; and

B. Acknowledge that Pensacola Habitat for Humanity, Inc. (Habitat) has agreed to purchase the property located at 2615 North 6th Avenue, Account Number 13-3648-000, Reference Number 00-0S-00-9020-014-094, and a Recommendation to sell the subject property to Habitat, as allowed under Escambia County's Surplus Property Disposition for Affordable Housing Development Program, will be submitted for approval at a future Board Meeting.
 
18. 5208   Recommendation Concerning Approval of Amendment #1 to HUD Neighborhood Stabilization Program 3 Subrecipient Agreement with Area Housing Commission - Keith Wilkins, Community & Environment Department Director

That the Board take the following action regarding Amendment #1 to the Escambia County Neighborhood Stabilization Program 3 (NSP3) Subrecipient Agreement with Area Housing Commission (AHC):

A. Approve Amendment #1 to the Subrecipient Agreement with AHC to incorporate additional Fund 124 and AHC funding of $140,000 (increasing the total project funding from $170,000 to $310,000) to finance three affordable rental units, including affiliated common and parking areas, as part of the Morris Court Redevelopment Project; and

B. Authorize the Chairman or Vice Chairman to execute the Amendment and all related documents required to implement the Project.

[Funding: Fund 129/NSP, Cost Center 220507, Fund 124/Housing, Cost Center 220406 & Area Housing Commission Funds]
 
19. 5203   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 supporting the Solid Waste Annual Dump Dash 5K and Thrash-A-Thon Fundraiser Event 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]
 
20. 5246   Recommendation Concerning the Saufley Field Road C&DD Landfill Closure and Stormwater Improvement Project - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning the Declaration to the Public Regarding Closure of Solid Waste Landfill: Saufley C&D Disposal Facility:

A. Approve the Declaration to the Public Regarding Closure of Solid Waste Landfill: Saufley C&D Disposal Facility; and

B. Authorize the Chairman to execute the Declaration.

[Funding: Fund 401, Solid Waste Fund, Cost Center 230316, Object Code 56301]
 
21. 5247   Recommendation Concerning Staffing at the Escambia County Health Clinic - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board approve Concentra's proposal to add a full-time Medical Assistant to the Escambia County Employee Health Clinic on or after November 9, 2013, to support increased clinic utilization by employees and their dependents.

The Escambia County Health Clinic opened in January 2011. Since then, the volume of patients has increased from an average of 408 patients per month to an average of 642 patients per month. Over 60% of the patients seen by the clinic are urgent care (unscheduled). The clinic conducts all new hire physicals and annual firefighter physicals/respiratory fittings. Preliminary work for all visits is done by the Medical Assistants and includes check in, vision, vitals, blood draws, drug screens, and other services necessary to prepare the patient to be seen by the Physician or Physician Assistant.

[Funding: Fund 501, Internal Service Fund, an additional Medical Assistant costs $65,000, including salary, benefits, taxes, licensing, and professional liability insurance]
 
22. 5226   Recommendation Concerning Acceptance of Donation of Two Parcels of Real Property for Road Right-of-Way and Drainage Easement on East Olive Road from Joseph R. Russo - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of two parcels of real property located at 2890 East Olive Road, from Joseph R. Russo, for road right-of-way and drainage easement:

A. Accept the donation of two parcels of real property located at 2890 East Olive Road, from Joseph R. Russo, for road right-of-way (3,062.328 square feet) and drainage easement (747.706 square feet), for road and drainage improvements;

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

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

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

[Funding: Funds for incidental expenses associated with recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
23. 5223   Recommendation Concerning the Acceptance of the Donation of a Parcel of Real Property on East Olive Road from the Estate of Opal F. Varnadore - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of a parcel of real property located at 2311 East Olive Road from the Estate of Opal F. Varnadore:

A. Accept the donation of a parcel of real property, 93.074 square feet, located at 2311 East Olive Road from the Estate of Opal F. Varnadore, for road and drainage improvements;

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

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

D. Authorize staff to prepare, and the Chairman or Vice Chairman to accept, the Warranty 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.

[Funding: Funds for incidental expenses associated with recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
24. 5215   Recommendation Concerning the Acquisition of Real Property Located at 11790 Mobile Highway from Ricky and Traci Herndon - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the acquisition of real property located at 117900 Mobile Highway from Ricky and Traci Herndon:

A. Approve and authorize the Chairman or Vice Chairman to execute the Contract for Sale and Purchase between Ricky and Traci Herndon and Escambia County for the acquisition of real property located at 11790 Mobile Highway;

B. Approve the waiver of any objection to Exemption 14 in Schedule B-Section 2 of the title commitment regarding the Florida Department of Transportation right-of-way on Mobile Highway.

[Funding Source: Fund 352, "LOST III," Cost Center 220102, NESD Capital Projects, Object Code 56101, Project 08NE0018, “Boat Ramps”]
 
25. 5216   Recommendation Concerning the Acquisition of Real Property Located on Johnson Avenue from Donald S. and Robbie S. Brantley - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the Chairman or Vice Chairman to execute the Contract for Sale and Purchase between Donald S. and Robbie S. Brantley and Escambia County for the acquisition of real property located on Johnson Avenue.

Board action of September 5, 2013, authorized staff to make an offer of $48,000 to the Brantleys to purchase a parcel of real property (Parcel "B") that they own on Johnson Avenue near the intersection of Olive Road and Johnson Avenue. The property owners have agreed to the purchase price and have executed a Contract for Sale and Purchase. Board authorization is required for the Chairman or Vice Chairman to acknowledge the Board's acceptance of the Contract for Sale and Purchase.

[Funding Source: Fund 352, "LOST III," Account 210109/56101/56301, Project 10EN0363]
 
26. 5248   Recommendation Concerning the Not Exceeding $12,000,000 Escambia County, Florida, Capital Improvement Revenue Note, Series 2013 - Richard Lott, Partner, McGuireWoods, LLP

That the Board adopt, and authorize the Chairman to execute, the Resolution authorizing the issuance and sale of a not exceeding $12,000,000 Capital Improvement Revenue Note, Series 2013, approving the loan to the County from STI Institutional & Government, Inc. (the “Lender”), the terms of the loan to the County established therein, and approving the 2013 Project.
 
  III. For Discussion
 
1. 5183   Discussion Concerning NOLFX - George Touart, Interim County Administrator
 
2. 5242   Recommendation Concerning an Appointment to the Human Services Appropriations Committee - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action regarding an appointment to the Human Services Appropriations Committee (HSAC), maintained by the United Way of Escambia County, Inc.:

A. Approve the appointment of Terrence "Terry" William Brotherton to the HSAC for a three-year term, effective November 7, 2013, through November 6, 2016;

OR

B. Approve the appointment of Paul C. Vincent to the HSAC for a three-year term, effective November 7, 2013, through November 6, 2016.

The two individuals representing the Escambia County Board of County Commissioners on the HSAC are appointed by majority vote of the Board of County Commissioners (BCC). With the expiration of Dr. Neil Carter Davis' term on November 3, 2013, there is currently one BCC vacancy on the HSAC.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 5219   Recommendation Concerning SHI / Microsoft / Volume Licensing and Program Signature Form

That the Board take the following action:

A. Rescind the Boards' action of September 24, 2013, from the Supplemental County Attorney's Report Item 1. "B" (Resume attached); and

B. Approve and authorize the Chairman to execute the Microsoft / Volume Licensing Program Signature Form.
 
2. 5249   Recommendation Concerning the Interlocal Agreement between Santa Rosa County and Escambia County for the Expenditure of Local Government Infrastructure Surtax Proceeds.

That the Board approve and authorize the Chairman to execute the Interlocal Agreement between Santa Rosa County and Escambia County for the expenditure of local government infrastructure surtax proceeds.
 
3. 5262   Recommendation Concerning Florida Institute for Human and Machine Cognition (IHMC)

That the Board take the following action concerning the Florida Institute for Human and Machine Cognition (IHMC):

A. Accept and acknowledge for the Board’s records the following documents, in substantially the attached form, but subject to minor amendments and legal sign-off:

1. The Memorandum of Agreement;
2. The Ground Lease;
3. The Special Warranty Deed;
4. The Closing Statement;
5. The Owner’s Affidavit, Non-Foreign Affidavit and Request for Taxpayer Identification Number;
6. The Environmental Indemnity Agreement;
7. The Title Commitment;
8. The letter from the Appraiser (the full appraisal is available in the County Attorney’s Office upon request);
9. The Checklist for Acquisition of Real Property; and

B. Authorize the Chairman to execute the above-referenced documents, where necessary, in order to conclude the transaction with the IHMC; and

C. Authorize the County Attorney to process and the Chairman to execute, where necessary, any other documents necessary to conclude the transaction with IHMC.
 
12.   Items added to the agenda.
 
13.   Announcements.
 
14.   Adjournment.
 

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