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AGENDA
Board of County Commissioners
Regular Meeting – November 21, 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 Robertson.
 
3.   Pledge of Allegiance to the Flag.
 
4.   Are there any items to be added to the agenda?

Recommendation: That the Board adopt the agenda as prepared (or duly amended).
 
5.   Commissioners’ Forum.
 
6.   Presentations:
 
A.  Changing of the Board of County Commissioners' Chairmanship;

B.  Winterfest Holiday Visit;

C.  Pensacola Habitat for Humanity - Check for payment of property taxes on behalf of its homeowners; and

D.  Northwest Florida "2013 Agriculture Innovator of the Year" - Recognition of George and Rachel Miller and their children Sarah, Josiah, and Jesse.
 
7. 5320   Proclamation.

Recommendation: That the Board adopt the Proclamation designating the month of November 2013 as "Pancreatic Cancer Awareness Month" in Escambia County, Florida.
 
8. 5315   Retirement Proclamations.

Recommendation: That the Board adopt the following four Retirement Proclamations:

A. The Proclamation commending and congratulating Marion A. Burleson, Emergency Communication Supervisor, Public Safety Department, on her retirement after 28 years of service;

B. The Proclamation commending and congratulating Mary E. Caro, Animal Control Officer, Corrections Department, on her retirement after 23 years of service;

C. The Proclamation commending and congratulating Judy M. Mack, Emergency Medical Specialist, Public Safety Department, on her retirement after 32 years of service; and

D. The Proclamation commending and congratulating Thomas E. Valentine, Equipment Operator III, Public Works Department, on his retirement after 13 years of service.
 
9.   Written Communication.
 
5316   July 10, 2013 - Communication from Jerry Roddenberry requesting partial release from the Code Enforcement Lien generated from property located 506 Robinson Street and attached to property located at 705 Taylor Street.

Recommendation: That the Board review and consider lien relief request made by Jerry Roddenberry against property located at 506 Robinson 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 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.
 
10.   Did the Clerk’s Office receive the proofs of publication for the Public Hearing(s) on the agenda and the Board’s Weekly Meeting Schedule?

Recommendation: That the Board waive the reading of the legal advertisement(s) and accept, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners – Escambia County, Florida, Meeting Schedule.
 
11. 5202   5:31 p.m. Public Hearing for consideration of adopting an Ordinance creating Chapter 42, Article IX, Sections 42-401 through 42-414 of the Escambia County Code of Ordinances, adopting the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes.

Recommendation: That the Board adopt an Ordinance creating Chapter 42, Article IX, Sections 42-401 through 42-414 of the Escambia County Code of Ordinances; adopting the Florida Department of Environmental Protection's (FDEP) Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes, as required by Section 403.9337, Florida Statutes; providing legislative findings, purpose, and intent; establishing definitions; defining jurisdiction; regulating the timing of fertilizer application; establishing Fertilizer-Free Zones and Low Maintenance Zones; regulating fertilizer content, application rates, application practices, and management of grass clippings and vegetative matter; providing exemptions; requiring training and licensing for commercial fertilizer applicators; providing for enforcement; providing for severability; providing for inclusion in the Code of Ordinances; providing for an effective date.
 
12.   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. 5271   Recommendation Concerning Acceptance of TDT Collections Data

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the September 2013 returns received in the month of October 2013, as prepared by the Finance Department of the Clerk and Comptroller’s Office; this is the first month of collections for the Fiscal Year 2013-2014; total collected for the September 2013 returns was $513,612.46; this is 3.29% less than the September 2012 returns; total collections year to date are 3.29% less than the comparable time frame in Fiscal Year 2012-2013.
 
2. 5318   Recommendation Concerning Acceptance of October 2013 Investment Report

That the Board accept, for filing with the Board's Minutes, the Investment Portfolio Summary Report for the month ended October 31, 2013, as required by Ordinance Number 95-13; on October 31, 2013, the portfolio market value was $176,654,425 and portfolio earnings totaled $239,030 for the month; the short term portfolio yield was 0.17%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.03%; the long-term CORE portfolio achieved a total return of 0.31%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of 0.25%.
 
3. 5382   Recommendation Concerning Acceptance of Document

That the Board accept, for filing with the Board's Minutes, the original Multi-Year Joint Participation Agreement Notification of Funding #2, as executed by the Chairman on September 3, 2013, based on the Board's September 15, 2011, approval of the Joint Participation Agreement providing for Transit Block Grant Funding to Escambia County Area Transit, and received in the Clerk to the Board's Office on November 1, 2013.
 
4. 5280   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 November 7, 2013; and

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held November 7, 2013.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 5289   5:45 p.m. - A Public Hearing Concerning the Review of an Ordinance Adopting the Annual Update to the Schedule of Capital improvements.

That the Board of County Commissioners (BCC) adopt an Ordinance adopting the uncodified 2012-2016 update to the five-year schedule of capital improvements. At the November 4, 2013 Planning Board meeting, the Board recommended approval.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 5204   Recommendation Concerning Certificates of Public Convenience and Necessity for the Provision of Advanced Life Support and/or Basic Life Support Services in Escambia County, Florida - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning Certificates of Public Convenience and Necessity:

A. Approve the issuance of a Certificate of Public Convenience and Necessity for provision of Advanced Life Support and/or Basic Life Support services in Escambia County, Florida, with noted limitations, to Atmore Ambulance, Inc., Baptist Hospital’s LifeFlight, Escambia County Public Safety Department, Lifeguard Ambulance Service of Florida, LLC, and Sacred Heart Children’s Hospital, effective January 1, 2014, through December 31, 2014; and

B. Authorize the Chairman to execute the Certificate of Public Convenience and Necessity for each Agency.
 
2. 5286   Recommendation Concerning the Request for Disposition of Property for the Public Safety Department, Fire Services Division - Michael D. Weaver, Public Safety Department Director

That the Board approve the Request for Disposition of Property Form for the Public Safety Department, Fire Services Division, for property which is described and listed on the Request Form, with reason for disposition stated. This property is to be auctioned as surplus or properly disposed of.
 
3. 5324   Recommendation Concerning Community Redevelopment Agency Meeting Minutes, October 17, 2013 - Keith Wilkins, Community & Environment Department Director

That the Board accept for filing with the Board's Minutes, the October 17, 2013, Community Redevelopment Agency's (CRA) Meeting Minutes prepared by Carolyn Barbour, Administrative Assistant.
 
4. 5019   Recommendation Concerning an Interlocal Agreement between Escambia County and the City of Pensacola Relating to the Placement and Maintenance of Escambia County Area Transit Rest Benches and Shelters within the Corporate Limits of the City of Pensacola - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Interlocal Agreement between the Escambia County Board of County Commissioners and the City of Pensacola relating to the placement and maintenance of Escambia County Area Transit (ECAT) rest benches and shelters within the corporate limits of the City of Pensacola:

A. Approve the Interlocal Agreement between Escambia County and the City of Pensacola relating to the placement and maintenance of ECAT rest benches and shelters within the corporate limits of the City of Pensacola; and

B. Authorize the Chairman or Vice Chairman to sign the Interlocal Agreement.
 
5. 5239   Recommendation Concerning the Requests for Disposition and Reinstatement of Property for the Public Works Department - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the three Request for Disposition of Property Forms and two Request for Reinstatement of Property Forms for the Public Works Department, indicating thirteen items to be properly disposed of, and four items to be reinstated to the property list, all of which are described and listed on the Request Forms, with reasons for disposition and/or reinstatement stated.
 
6. 5303   Recommendation Concerning an Amendment to the Agreement Related to Transit Advertising Services for Escambia Area Transit - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning an Amendment to Agreement Related to Transit Advertising Services for Escambia Area Transit PD 10-11.019:

A. Approve the Amendment to Agreement Related to Transit Advertising Services for Escambia Area Transit; and

B. Authorize the Chairman to sign the Amendment.

At this time, the County would like to amend the Contract to include the corporate limits of the City of Pensacola. Also included in the Amendment is a clause stating that a permit must be acquired before any construction of new or modification of existing bus shelters, benches, and pads.
 
7. 5228   Recommendation Concerning the Request for Disposition of Property for the Facilities Management Department - David W. Wheeler, CFM, Facilities Management 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 reason for disposition stated. Items are to be auctioned as surplus or properly disposed of.
 
8. 5352   Recommendation Concerning Scheduling a Public Hearing to Adopt an Ordinance Relating to the Additional Homestead Tax Exemption for Senior Citizens - George Touart, Interim County Administrator

That the Board authorize the scheduling of a Public Hearing on December 5, 2013, at 5:33 p.m., to consider adoption of an Ordinance of Escambia County, Florida, Amending Volume I, Chapter 90, Article IV, Division 4, Sections 90-182 and 90-184 of the Escambia County Code of Ordinances, Relating to the Additional Homestead Tax Exemption for Senior Citizens.
 
9. 5381   Recommendation Concerning a Re-appointment to the Tourist Development Council - George Touart, Interim County Administrator

Thank the Board take the following action concerning a re-appointment to the Tourist Development Council:

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

B. Re-appoint Shirley K. Cronley to the Tourist Development Council for a four-year term, effective December 1, 2013, through November 30, 2017, as a “Hotel/Motel Industry” appointee.
 
  II.  Budget/Finance Consent Agenda
 
1. 5300   Recommendation Concerning Property, Boiler and Machinery, Crime, and Accidental Death and Dismemberment (Statutory Death Benefits) Insurance - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the renewal of PD 10-11.064, Property, Boiler and Machinery, Crime, and Accidental Death and Dismemberment (Statutory Death Benefits), to Whitman and Whitman, Inc., to provide Property Insurance, not to exceed the amount of $1,288,467.44, for the period of December 1, 2013, through December 1, 2014.

[Funding: Fund 501, Internal Service Fund, Cost Center 140835, Object Code 54501]
 
2. 5299   Recommendation Concerning Grande Lagoon Subdivision Drainage Improvements - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract to Hatch Mott MacDonald, Florida, LLC, per the terms and conditions of PD 12-13.063, Grande Lagoon Subdivision Drainage, in the amount of $80,382.

[Funding: Fund 352, “LOST III,” Cost Center Account Code 210107, Object Code 56301, Project Number #12EN2061, “Grande Lagoon"]
 
3. 4839   Recommendation Concerning the Provision of Emergency Medical Services to the Area of Flomaton (Escambia County), Alabama - Michael D. Weaver, Public Safety Department Director

That the Board extend the Interlocal Agreement for the Provision of Emergency Medical Services between the Escambia County Health Care Authority and Escambia County, Florida, under the current terms and conditions, to allow Escambia County Emergency Medical Service to continue providing ambulance service to that portion of Escambia County, Alabama, generally described as the area of Flomaton, Alabama, for the period December 8, 2013, through December 7, 2014.
 
4. 5184   Recommendation Concerning the 2013 State Homeland Security Grant Program - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the 2013 State Homeland Security Grant Program:

A. Approve Contract Number 14-DS-L5-01-27-01-XXX, CFDA Number 97.067, Federally-Funded Subgrant Agreement, providing Escambia County Fire Rescue funding, in the amount of $7,200, for allowable training and exercise costs; and

B. Authorize the Chairman to sign the Agreement.
 
5. 5238   Recommendation Concerning the Issuance of Fiscal Year 2013/2014 Purchase Order for the Renewal of the SirsiDynix Library Information System Used by the West Florida Public Library - David Musselwhite, Information Technology Department Director

That the Board for the Fiscal Year 2013/2014, approve the issuance of the following Purchase Order in excess of $50,000:

Vendors/Contractor Amount
Sirsi Corporation (SirsiDynix)
SirsiDynix Symphony Software Renewal
Fund: 113 (Library)
Cost Center: 110503
$65,519.54

The SirsiDynix Purchase Order is for the annual support and maintenance of the proprietary Library Information System that provides card cataloging and circulation management of the library's assets.
 
6. 5312   Recommendation Concerning the Termination of the Non-Exclusive Long Term Franchise Agreement for the Collection of Commercial Solid Waste between Escambia County and Titan Waste Services, Inc. - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action regarding the Non-Exclusive Long Term Franchise Agreement for the Collection of Commercial Solid Waste between Escambia County and Titan Waste Services, Inc., dated January 1, 2012:

A. Terminate the Non-Exclusive Long Term Franchise Agreement for the Collection of Commercial Solid Waste between Escambia County and Titan Waste Services, Inc., dated January 1, 2012,

B. Authorize the Interim County Administrator to issue a written notice informing Titan Wastes Services, Inc., that the Franchise Agreement is terminated effective December 31, 2013; and

C. Authorize the County Attorney to pursue any and all legal and equitable remedies against Titan Waste Services, Inc., pursuant to Section 35, Default by Contractor, of the Non-Exclusive Long Term Franchise Agreement for the Collection of Commercial Solid Waste, including filing a lawsuit in the Escambia County Circuit Court.

[Funding: Fund 103, Code Enforcement Fund, Account 323701 (Franchise Fees – Commercial Garbage)]
 
7. 5325   Recommendation Concerning Cancellation of Five Residential Rehab Grant Program Liens - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program:

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

Property Owner Property Address Lien Amount
Pamela Clyde 303 Southeast Kalash Road $1,405
Patricia A. Finlay 304 Southeast Kalash Road $1,730
Terry Lamb 221 Payne Road $1,812
Hurey J. Smith 1230 West Bobe Street $3,700
Theresa I. Wade 200 Payne Road $1,030

B. Authorizing the Chairman to execute the Cancellation of Lien documents.
 
8. 5331   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 219 Marine Drive - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 219 Marine Drive:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Joseph Barwick, the owner of residential property located at 219 Marine Drive, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,512 representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
9. 5330   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1305 Poppy Avenue - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 1305 Poppy Avenue:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Kristin Davis, the owner of residential property located at 1305 Poppy Avenue, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,107, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
10. 5326   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 214 Henry Street - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 214 Henry Street:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and David A. Wigley, the owner of residential property located at 214 Henry Street, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,087, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
11. 5329   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1716 West Saint Joseph Street - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 1716 West Saint Joseph Street:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Willis C. and Connie F. Fails, the owners of residential property located at 1716 West Saint Joseph Street, Pensacola, Florida, in the Englewood Redevelopment Area, each in the amount of $1,175 representing an in-kind match through the Englewood Tax Increment Financing (TIF), Fund 151, Cost Center 220520, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
12. 5328   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1220 Wisteria Avenue - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 1220 Wisteria Avenue:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Justin Kaiser, the owner of residential property located at 1220 Wisteria Avenue, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,082 representing an in-kind match through Barrancas Tax Increment Financing, Fund 151, Cost Center 220519, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
13. 5327   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1217 Wisteria Avenue - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Residential Rehab Grant Program Funding and Lien Agreements for the property located at 1217 Wisteria Avenue:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Gary L. and Lynn M. Van Natter, the owners of residential property located at 1217 Wisteria Avenue, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,515, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
14. 5332   Recommendation Concerning Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements for 3600 North Palafox Street - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following November 21, 2013, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements for the property located at 3600 North Palafox Street:

A. Approving the Commercial Facade, Landscape, and Infrastructure Grant Program Funding and Lien Agreements between Escambia County CRA and New Hope Missionary Baptist Church, the owner of commercial property located at 3600 North Palafox Street, Pensacola, Florida, in the Palafox Redevelopment Area, each in the amount of $8,774 representing an in-kind match through Neighborhood Restoration, Fund 151, Cost Center 220521, Object Code 58301 for connecting to sanitary sewer; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
15. 5297   Recommendation Concerning Approval of the Fairfield Manor Elderly Apartments State Housing Initiatives Partnership Loan Agreement with Fairfield Manor, LTD - Keith Wilkins, Community & Environment Department Director

That the Board take the following action regarding the Fairfield Manor Elderly Apartments State Housing Initiatives Partnership (SHIP) Loan Agreement with Fairfield Manor, LTD:

A. Approve the Fairfield Manor Elderly Apartments SHIP Loan Agreement with Fairfield Manor, LTD, committing $50,000 in SHIP funds to meet the local leverage requirement for the 92-unit, elderly housing tax credit rental development, known as Fairfield Manor to be constructed at 1412 West Fairfield Drive in Escambia County, as approved by the Florida Housing Finance Corporation (FHFC); and

B. Authorize the Chairman or Vice Chairman to execute the Agreement and all related documents required to fully implement the Agreement and to complete all provisions thereof.

[Funding: Fund 120/SHIP, Cost Center 220444]
 
16. 5323   Recommendation Concerning a Purchase Order for Accela for Land Records Management Software Maintenance - Donald R. Mayo, Interim Building Official

That the Board approve and authorize a Purchase Order in the amount of $128,633, to Accela, Inc., for proprietary annual software maintenance for Escambia County.

[Funding: Fund 001, General Fund, Cost Center 270109, IT Applications - $64,316.50; and Fund 406, Building Inspections Fund, Cost Center 250111, Building Inspections Administration - $64,316.50]
 
17. 5285   Recommendation Concerning the Agreement for Escambia County Adult Drug Court Treatment Expansion Operations Program with Lakeview Center, Inc. - Catherine A. White, Drug Court Manager

That the Board take the following action concerning the Agreement for Escambia County Adult Drug Court Treatment Expansion Operations Program between Escambia County, Florida, and Lakeview Center, Inc.:

A. Approve the Agreement, effective July 1, 2013, through June 30, 2014. During this period funding for treatment services shall not exceed $307,860; and

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

[Funding: Fund 110, Other Grants and Projects Fund, Object Code 53401, Cost Center 410570]
 
18. 5319   Recommendation Concerning the Lease of the County-Owned Property at 1125-B Hayes Street by Pensacola Metro Area Lions Sight Program, Inc. - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning the lease of County-owned real property located at 1125-B Hayes Street, Pensacola, Florida:

A. Adopt the Resolution authorizing the lease of real property to Pensacola Metro Area Lions Sight Program, Inc. (Lions Sight Program), for the property located at 1125-B Hayes Street, Pensacola, Florida, for the term of five years, providing for renewal by the Lions Sight Program for an additional five year term; rent is to be paid to the County in the amount of $1 per year; and

B. Authorize the Chairman to sign the Resolution and the Lease Agreement.
 
19. 5254   Recommendation Concerning Railroad Reimbursement Agreements - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Railroad Reimbursement Agreements between the State of Florida Department of Transportation (FDOT), CSX Transportation, Inc., and Escambia County Board of County Commissioners:

A. Adopt the five Resolutions authorizing execution of the five Agreements;

B. Approve the Railroad Reimbursement Agreements for the installation and future maintenance of the following five CSX Transportation, Inc., automatic grade crossing signals:

Road Name Crossing # FPN # Annual Maintenance
(County's Portion)
Archer Road 339680N 43367225701 $1,701
Chemstrand Road 339687L 42750955701 $1,701
East Ensley Road 339697S 42750965701 $1,701
El Camino Drive 877547S 43367215701 $1,701
Williams Ditch Road 339669N 42750945701 $1,701

C. Authorize the Chairman to sign/initial the Agreements and Resolutions as required.

[Funding: Fund 175, Transportation Trust Fund, Account 211201/54601]

The State of Florida Department of Transportation (FDOT) is responsible for railway safety at all public crossings throughout the state of Florida. FDOT will fund the improvements to be performed by CSX Transportation, Inc., as stated in the Agreements. The Agreements further state that Escambia County and CSX Transportation, Inc., will equally share the annual maintenance costs associated with the grade crossing signals. This is a standard Agreement that FDOT uses for all railroad crossing control on County roads to document the responsibilities for the railroad company, County, and FDOT.

This standard Agreement supersedes a similar standard Agreement between FDOT, CSX, Transportation, Inc., and Escambia County. Both standard Agreements base the annual maintenance cost on a schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices that is reviewed every five years and is adjusted as appropriate by FDOT, based on the Consumer Price Index.
 
20. 5251   Recommendation Concerning a Federally-Funded Subgrant Agreement for the Maplewoods Subdivision Drainage Ditch Piping and Ashland Avenue Bridge Enhancements - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a Federally-Funded Subgrant Agreement, Contract Number 14HM-2Z-01-27-01-XXX, Project Number 1595-27-B, between the State of Florida, Division of Emergency Management and Escambia County Board of County Commissioners for the Maplewoods Subdivision Drainage Ditch Piping and Ashland Avenue Bridge Enhancements:

A. Approve the Federally-Funded Subgrant Agreement; and

B. Authorize the Chairman to sign the Agreement and any subsequent Grant-related documents.

[Funding Source: Escambia County’s 25% construction cost match of $293,615.86 is available in Fund 352, “LOST III,” Account 210107/56301, Project #09EN0093. This Hazard Mitigation Grant Program provides a reimbursement total of $896,040.39, equivalent to 75% of the estimated construction related and pre-award costs and an additional administrative allowance]
 
21. 5027   Recommendation Concerning the Acquisition of Real Property Located at 3100 West Desoto Street from Brownsville Assembly of God Church - 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, subject to Legal review and sign-off, for the acquisition of real property located at 3100 West Desoto Street from Brownsville Assembly of God Church.

[Funding Source: Fund 352, "LOST III," Cost Center 110267/56101/56201, Project Number 13PF2503]
 
22. 5270   Recommendation Concerning the Acquisition of Real Property Located on Caro Street for the Ensley Drainage Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the acquisition of four contiguous parcels of real property (totaling approximately 0.42 acres), located on Caro Street from JM Goodson, LLC, and Tracy L. and Tamron L. Goodson:

A. Authorize the purchase of two contiguous parcels of real property located on Caro Street (totaling approximately 0.33 acres), for the appraised value of $53,400, from JM Goodson, LLC, in accordance with the terms and conditions contained in the Contract for Sale and Purchase;

B. Authorize the purchase of two contiguous parcels of real property located on Caro Street (totaling approximately 0.09 acres), for the appraised value of $6,000, from Tracy L. Goodson and Tamron L. Goodson, in accordance with the terms and conditions contained in the Contract for Sale and Purchase;

C. Approve and authorize the Chairman to sign the two Contracts for Sale and Purchase for the acquisition of four contiguous parcels of real property (totaling approximately 0.42 acres), located on Caro Street from JM Goodson, LLC, and Tracy L. and Tamron L. Goodson; and

D. Authorize the County Attorney's Office to prepare, and the Chairman or Vice Chairman to execute, any documents necessary to complete the acquisition of these properties without further action of the Board.

[Funding Source: Fund 352, "LOST III," Accounts 210107/56101/56301, Project No. 08EN0313]
 
23. 5339   Recommendation Concerning Technology Integration Group Hardware and Software Support Maintenance - David Musselwhite, Information Technology Department Director

That the Board approve the purchase of the annual hardware and software support maintenance for Cisco products from Technology Integration Group (TIG) under State of Florida Contract #250-000-09-1, for the total amount of $70,954.92, per quote 9738 in the amount of $70,483.02 and quote 9612 in the amount of $471.90.

[The funds are available in the current budget - General Fund, Fund 001, Cost Center 270103, Telecommunication, Object Code 54601]
 
24. 5340   Recommendation Concerning e-TechServices Hardware and Software Support Maintenance - David Musselwhite, Information Technology Department Director

That the Board approve the purchase of the annual hardware and software support maintenance from e-TechServices, in the total amount of $29,105.90.

[The funds are available in the current budget - General Fund, Fund 001, Cost Center 270111, Infrastructure, Object Code 54601]
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 5313   Recommendation Concerning Approval of Memorandum of Understanding with the West Florida Library Board of Governance Designating the Fiscal Agent for the West Florida Public Library System.

That the Board approve and authorize the Chairman to sign the Memorandum of Understanding with the West Florida Public Library Board of Governance Designating the Fiscal Agent for the West Florida Public Library System.
 
2. 5322   Recommendation Concerning Approval of the State Aid to Libraries Grant Agreement

That the Board approve and authorize the Chairman of the West Florida Public Library Board of Governance and the Clerk to sign the Agreement.
 
3. 5314   Recommendation Concerning the Scheduling of a Public Hearing on December 5, 2013, at 5:32 p.m., to Consider Creating Volume 1, Chapter 46, Article II, Division 3, Section 46-111 of the Escambia County Code of Ordinances Establishing a Small Business Enterprise Program.

That the Board authorize scheduling a Public Hearing on December 5, 2013, at 5:32 p.m. to consider creating Volume 1, Chapter 46, Article II, Division 3, Section 46-111 of the Escambia County Code of Ordinances establishing a small business enterprise program.
 
4. 5321   Recommendation Concerning Notice of Voluntary Dismissal of Escambia County v. Zachary Company, Case No.: 2011 CA 001899.

That the Board approve the filing of a notice of voluntary dismissal without prejudice by Escambia County in the action styled Escambia County, Florida v. Zachary Company of Northwest, Florida LLC, Case No.: 2011 CA 001899.
 
5. 5338   Recommendation Concerning Acceptance of the Settlement of the Claim Made Against the Public Official Bond of Ernie Lee Magaha, Former Clerk of the Circuit Court, in the Sum of $50,000.

That the Board take the following action:

A. Authorize the Chairman of the Board of County Commissioners to execute the release, which is attached to this recommendation, releasing Ernie Lee Magaha as Clerk of the Circuit Court as principal and Fidelity & Deposit Company of Maryland as surety, in exchange for payment of the sum of $50,000; and

B. Authorize the County Attorney's Office to deliver the executed release in escrow to J. Nixon Daniel as attorney for Mr. Magaha to be held by Mr. Daniel in escrow until such time as Mr. Magaha delivers the settlement draft or check in the sum of $50,000 made payable to the Board of County Commissioners to the office of the County Attorney no later than December 2, 2013.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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