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THROUGH THESE DOORS WALK ONLY THE FINEST PEOPLE – THE CITIZENS OF ESCAMBIA COUNTY. DECISIONS ARE MADE IN THIS ROOM AFFECTING THE DAILY LIVES OF OUR PEOPLE. DIGNIFIED CONDUCT IS APPRECIATED.  
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PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – August 8, 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 – Associate Pastor Ashley Wilkinson Meyer, Cokesbury Methodist Church.
 
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. 4714   Proclamations.

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

A. Adopt the Proclamation commending and congratulating Kenneth E. Mudge on his selection as the “Employee of the Month” for August 2013;

B. Adopt the Proclamation commemorating the Wounded American Veterans Event (W.A.V.E.) 2013 “A Day on the Bay” in Escambia County and urging the citizens of Escambia County to join with members of the Pensacola Yacht Club, the Navy Yacht Club, the Pensacola Beach Yacht Club, the Point Yacht Club, the Ft. Walton Yacht Club, and the Eglin Yacht Club to support this effort to express this community’s patriotism and to salute with pride and gratitude the brave men and women who have sacrificed so much for our country;

C. Ratify the Proclamation dated July 31, 2013, joining the congregation of Friendship Missionary Baptist Church in celebration of its 80th anniversary, congratulating Friendship Missionary Baptist Church on the occasion of the first service at the new church location, and wishing Reverend LuTimothy May, Sr., and the congregation continued growth, grace, and favor as they continue to serve in our community; and

D. Ratify the Proclamation dated August 1, 2013, extending gratitude to Mr. Ralf Larry “Moose” Morris for all of his many kindnesses and dedication to his friends and his community, and congratulating him for being inducted into the University of Florida Hall of Fame as a “Distinguished Letter” winner.
 
7.   Written Communication.
 
4697   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.
 
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. 4715   5:31 p.m. Public Hearing for consideration of adopting an Ordinance amending the Land Development Code Articles 2 and 6, Barrancas Overlay District.

Recommendation: That the Board adopt an Ordinance to amend the Escambia County Land Development Code (LDC), amending Article 2, “Administration,” Section 2.14.02, to revise the language for clarity purposes; and amending Article 6, “Zoning Districts,” Section 6.07.02, to amend certain R-3 and R-4 zoning district building design standards within the Barrancas Overlay District.
 
10. 4691   5:32 p.m. Public Hearing concerning the "Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation."

Recommendation: That the Board take the following action concerning the "Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation":

A. Ratify the scheduling of the August 8, 2013, 5:32 p.m., Public Hearing, for the purpose of soliciting public comment on the proposed use of the "Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation" funds received from the United States Department of Justice;

B. Ratify the electronic submission of the Application for the "Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2013 Local Solicitation" funds. Total estimated amount of funds for Escambia County, Florida, is $134,963;

C. Authorize the Sheriff of Escambia County, Florida, to act as the Implementing Agency and Designee for the Chairman of the Board of County Commissioners for the Grant Program, to include the following:

1. Review and approve the online Grant Application;

2. Make the necessary Assurances and Certifications as to the expenditure of funds under the Program; and

3. Sign or validate online any other program requirements as may be required by the funding authority; and

D. Authorize the Chairman to sign or validate online any other program requirements, as may be required by the funding authority, relating to the Chief Executive of the County.
 
11. 4721   5:33 p.m. Public Hearing for consideration of adopting an Ordinance repealing Volume 1, Article I, Chapter 62, Section 62-1, of the Escambia County Code of Ordinances, designating the Sheriff as Chief Correctional Officer.

Recommendation: That the Board take the following action concerning the Escambia County Correctional System:

A. Adopt an Ordinance repealing Volume 1, Article I, Chapter 62, Section 62-1, of the Escambia County Code of Ordinances, designating the Sheriff as Chief Correctional Officer; providing for inclusion in the Code; providing for an effective date; and

B. Authorize termination of the Memorandum of Understanding between Escambia County Board of County Commissioners and Sheriff of Escambia County transferring responsibility for the Escambia County Correctional System, to include the Escambia County Jail and Jail Annex, from the County to the Sheriff, effective 12:01 a.m., on October 1, 2013.
 
12. 4722   5:34 p.m. Public Hearing for consideration adopting an Ordinance amending Volume 1, Chapter 10, Article I, Sections 10-25 and 10-26, of the Escambia County Code of Ordinances, establishing public parks on Pensacola Beach and Perdido Key specifically designated for dogs.

Recommendation: That the Board adopt an Ordinance amending Volume 1, Chapter 10, Article I, Sections 10-25 and 10-26, of the Escambia County Code of Ordinances, establishing public parks on Pensacola Beach and Perdido Key specifically designated for dogs.
 
13. 4712   5:35 p.m. Public Hearing for consideration of adopting an Ordinance amending Volume 1, Chapter 10, Article I, Sections 10-3, 10-7, 10-11, 10-19, 10-23, and 10-24, of the Escambia County Code of Ordinances, relating to Animal Control.

Recommendation: That the Board adopt an Ordinance amending Volume 1, Chapter 10, Article I, Sections 10-3, 10-7, 10-11, 10-19, 10-23, and 10-24, of the Escambia County Code of Ordinances, relating to Animal Control.
 
14.   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. 4755   Recommendation Concerning Acceptance of Gas Distribution Franchise Ordinance by the City of Pensacola

That the Board accept, for filing with the Board's Minutes, the July 23, 2013, Acceptance of Gas Distribution Franchise Ordinance No. 2013-24 by City of Pensacola, as received in the Clerk to the Board's Office on July 23, 2013.
 
2. 4711   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 July 25, 2013;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held July 25, 2013;

C. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole (C/W) Workshop held July 18, 2013; and

D. Accept, for filing with the Board's Minutes, the Report of the Budget Committee of the Whole (C/W) Workshop held July 9 and July 10, 2013.

 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 4568   Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on July 1, 2013

That the Board take the following action concerning the rezoning cases heard by the Planning Board on July 1, 2013:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2013-13, Z-2013-14, and Z-2013-15 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-2013-13
Address: 12511 Lillian Highway
Property Reference No.: 02-2S-32-6000-005-002
Property Size: 3.26 (+/-) acres
From: R-4, Multiple-Family District, (cumulative) Medium High Density (18 du/acre)
To: C-1, Retail Commercial District (cumulative) (25 du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Bobby and Sally Reynolds, Owners
Planning Board Recommendation: Denial
Speakers: Bobby Reynolds, Lisa Minshew, Barbara Lenn, John Catchoh, Kara George Oshana, Dorothy Oshana, Les Senft, Debra Warren, Betty Catchoh
2. Case No.: Z-2013-14
Address: 7585 Mobile Highway
Property Reference: 16-1S-31-3304-000-003
Property Size: 3.92 (+/-) acres
From: R-2, Single-Family District (cumulative), Low-Medium Density (seven du/acre)
To: AG, Agricultural District, Low Density (1.5 acres/du)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Albert and Marie Jones, Owners
Planning Board Recommendation: Approval
Speakers: Albert Jones, Matthew Mosley
3. Case No.: Z-2013-15
Address: 6365 Helms Road
Property Reference: 21-1S-31-2101-001-001; 20-1S-31-1101-000-000
Property Size: 99.97 (+/-) acres
From: AG, Agricultural District, Low Density (1.5 acre/du)
To: R-1, Single-Family District, Low Density (four du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Brian Brown, Agent for Figure 8 (Florida), LLC, Owner
Planning Board Recommendation: Approval
Speakers: Brian Brown, Matthew Mosley, Karen Qualls, James Higdon, Elizabeth Zdunich
 
2. 4570   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 July 1, 2013, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 4621   5:46 p.m. - A Public Hearing Concerning the Review of Comprehensive Plan Text Amendment CPA-2013-02

That the Board of County Commissioners (BCC) approve for transmittal to the Department of Economic Opportunity (DEO), an Ordinance to the Comprehensive Plan Article amending Chapter 7, Future Land Use, Policy FLU 1.1.12, "Family Conveyance Exception".

At the July 1, 2013, Planning Board meeting, the Board recommended approving transmittal to DEO.
 
4. 4619   5:48 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Article 6 Zoning Districts

That the Board of County Commissioners (BCC) review an Ordinance to the Land Development Code (LDC) Article 6.05.10.B. To allow as a permitted use in the R-3PK zoning district, restaurants, including the sale of beer, wine, and liquor for on-premises consumption, as part of a condominium development offering resort-style amenities.

This hearing serves as the first of two required public hearings before the Board of County Commissioners (BCC) as set forth in Section 2.08.04 (b) and F.S. 125.66(4)(b).

At the July 1, 2013, Planning Board meeting, the Board recommended approval of this Ordinance.
 
5. 4613   5:49 p.m. A Public Hearing Concerning the Review of an Ordinance Amending Chapter 7, "Future Land Use Element"

That the Board of County Commissioners (BCC) approve for transmittal to the Department of Economic Opportunity, an Ordinance amending Chapter 7, “The Future Land Use Element,” to adopt the Navy Federal Credit Union Urban Service Area; creating a new FLU 6 with associated objective and policies; amending the 2030 Future Land Use Map, adopting a boundary for the Navy Federal Credit Union Urban Service Area.

At the July 1, 2013 Planning Board meeting, the Board recommended approving transmittal to DEO.
 
6. 4625   5:50 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Article 7, Marina Siting

That the Board of County Commissioners (BCC) adopt an Ordinance to the Land Development Code (LDC) Article 7, Marina Siting.

At the July 1, 2013 Planning Board meeting, the Board recommended approval of the Ordinance to the BCC.
 
7. 4607   5:51 p.m. A Public Hearing Concerning the Review of an Ordinance Amending Article 6 Accessory Uses

That the Board of County Commissioners (BCC) review an Ordinance to the Land Development Code (LDC) Article 6.03.01., to allow chickens as permitted accessory uses for single family residential dwellings.

This hearing serves as the first of two required public hearings before the Board of County Commissioners (BCC) as set forth in Section 2.08.04 (b) and F.S. 125.66(4)(b).

At the July 1, 2013, Planning Board meeting, the board recommended approval; however, a grammatical change has been made to page 2 line 20-21 to reflect the following:

“Notwithstanding any prohibition of farm animals or minimum lot area established for farm animals, the raising of chickens is allowed in all zoning districts except Pensacola Beach and Perdido Key where single-family residential dwellings are permitted primary uses, except those zoning districts specifically designated for Pensacola Beach and Perdido Key, . . . “
 
  II. Consent Agenda
 
1. 4636   Recommendation Concerning the Scheduling of Public Hearings

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

A. Thursday, August 20, 2013:

1. 5:45 p.m. - A Public Hearing - LDC Article 6 - Allowing Chickens as Accessory Uses to Single Family Dwellings (Second of Two Public Hearings); and

2. 5:46 p.m. - A Public Hearing - LDC Article 6 - Allowing Alcohol Sales in R-3PK Zoning (Second of Two Public Hearings); and

B. Thursday, September 5, 2013 - 5:45 p.m. - A Public Hearing to amend the Official Zoning Map to include the following Rezoning Cases heard by the Planning Board on August 5, 2013:

1. Case No.: Z-2013-07
Address: 2755 Fenwick Road
Property Reference No.: 42-1S-30-3001-001-003
Property Size: 2.14 (+/-) acres
From: R-5, Urban Residential/Limited Office District, (cumulative) high density (20 du/acre)
To: C-2, General Commercial and Light Manufacturing District (cumulative) (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District 1
Requested by: Buddy Page, Agent for Robertson and Brazwell, LLC, Owner
2. Case No.: Z-2013-16
Address: 2640 W. Michigan Avenue
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 and 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: Thomas Arnett, President for Crystal Beach Homes, Inc., Owner

 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 4732   Recommendation Concerning the Extension of the 2013 Ad Valorem Property Tax Roll - Amy Lovoy, Management and Budget Services Department Director

That the Board approve extending the 2013 Ad Valorem Property Tax Roll prior to completion of the Value Adjustment Board Hearings, to afford the taxpayers of Escambia County the opportunity to pay their property taxes during each of the four discount periods, as allowed by Florida Statute 197.323.
 
2. 4725   Recommendation Concerning the Request for Waiver of Training Expenditure Requirement by Workforce Escarosa, Inc. - Marilyn D. Wesley, Community Affairs Department Director

That the Board adopt and authorize the Chairman to sign the Joint Resolution of the Escambia County and Santa Rosa County Boards of Commissioners, supporting the request for a waiver of the 50% training expenditure requirement by Workforce Escarosa, Inc., to be forwarded to Workforce Florida, Inc., thusly allowing for a 40% training services funds expenditure for WIA (Workforce Investment Act) Adult and Dislocated Workers under the recently-amended Florida Workforce Innovation Act.
 
3. 4726   Recommendation Concerning a Reappointment to the Workforce Escarosa, Inc., Board of Directors - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the reappointment of William J. "Jay" Overman, III, Owner, Online Employment Media, Inc., to the Workforce Escarosa, Inc., Board of Directors, as a private sector representative, for a third three-year term, per the end date of his previous appointment, with the term of appointment to be effective September 20, 2013, through September 19, 2016, with special dispensation requested for this additional term of service.
 
4. 4730   Recommendation Concerning the Request for Disposition of Property for the Corrections Department - Gordon C. Pike, Corrections Department Director

That the Board approve the Request for Disposition of Property Form for the Community Corrections Division, Corrections Department, for property which is described and listed on the Disposition Form, with reason for disposition stated. The listed item has been found to be of no further usefulness to the County; thus, it is requested that it be auctioned as surplus or properly disposed of.
 
5. 4750   Recommendation Concerning the Collective Bargaining Agreement Between the Escambia County Board of County Commissioners and the International Association of Firefighters Local 4131 - Thomas G. “Tom” Turner, Human Resources Department Director

That the Board take the following action concerning the first Collective Bargaining Agreement between the Escambia County Board of County Commissioners and the International Association of Firefighters (IAFF) Local 4131:

A. Approve the Collective Bargaining Agreement between the Escambia County Board of County Commissioners and the International Association of Firefighters Local 4131, with an expiration date of September 30, 2015; and

B. Authorize the Chairman, Interim County Administrator, and Human Resources Department Director to execute the Agreement.
 
  II.  Budget/Finance Consent Agenda
 
1. 4693   Recommendation Concerning Supplemental Budget Amendment #203 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #203, FTA Capital Projects Fund (320) in the amount of $2,939,734, to recognize proceeds from the Federal Transit Administration (FTA), and to appropriate these funds to be used for various Mass Transit Capital Projects associated with the Escambia County Area Transit System (ECAT).
 
2. 4699   Recommendation Concerning Supplemental Budget Amendment #206 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #206, General Fund (001) in the amount of $128,191, to recognize the Sheriff's Department off-duty officer, insurance, and miscellaneous reimbursements/fees, and to appropriate these funds for Law Enforcement activities in Escambia County.
 
3. 4724   Recommendation Concerning Supplemental Budget Amendment #213 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #213, Other Grants and Projects Fund (110) in the amount of $107,457, to recognize proceeds from a State of Florida Department of Transportation (FDOT) Local Agency Program Agreement (LAP), and to appropriate these funds for construction of the Bellview Elementary School Sidewalk Project.
 
4. 4497   Recommendation Concerning the Bellview Sidewalk Project - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract for the Bellview Sidewalk Project, PD 12-13.034, to Roads, Inc., of NWF, in the amount of $437,865.79.

[Funding: Fund 110, Other Grants and Projects, Cost Center 210515, Object Code 56301, $316,577; Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #10EN0641, $121,288.79]
 
5. 4723   Recommendation Concerning the Local Agency Program Agreement Project Construction Engineering Inspections for the County Road 97 (Jacks Branch Road) Safety Improvements Project - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract to Metric Engineering, Inc., per the terms and conditions of PD 12-13.047, Local Agency Program Agreement Project C.E.I. (Construction Engineering Inspections) for County Road (CR) 97 (Jacks Branch Road) Safety Improvements Project, in the amount of $368,065.46.

[Funding: Fund 352, LOST III, Cost Center 210113, Object Code 56301, Project Number 13EN2325]
 
6. 4692   Recommendation Concerning Price Increases for the Various Road Materials Pricing Agreement - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the price increase proposed by Roads, Inc., of NWF, to be effective retroactively March 28, 2013, per the terms and conditions of PD 10-11.028, Various Road Materials Pricing Agreement, approved on May 5, 2011, as follows:

Asphalt Price Per Ton
Current County Price Proposed Increase
$48.40/ton 1-20 tons $54.90/ton 1-20 tons
$47.80/ton 21-1,000 tons $54.30/ton 21-1,000 tons

[Funding: Fund 175, Transportation Trust Fund, Cost Center 20402, Object Code 55301, $250,000; Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project No. 08EN0208, $500,000; Fund 352, Lost III, Cost Center 210107, Object Code 56301, Project No. 09EN0388, $250,000]
 
7. 4733   Recommendation Concerning an Application for a Certificate of Need for Circle J Roll-Offs South, Inc. - Patrick T. Johnson, Solid Waste Management Department Director

That the Board take the following action concerning an Application for a Certificate of Need for a Solid Waste Management Activity, for Circle J Roll-Offs South, Inc.:

A. Approve the Application for a Certificate of Need, permitting Circle J Roll-Offs South, Inc., to operate in Escambia County; and

B. Authorize the Chairman to sign the Certificate.

[Funding: Fund 401, Solid Waste Fund, Account No. 343402]
 
8. 4731   Recommendation Concerning the Amendment of Contract #AH102 by Big Bend Community Based Care - Gordon C. Pike, Corrections Department Director

That the Board take the following action concerning the Amendment of Contract #AH102 by Big Bend Community Based Care, which provides funding for the establishment of a Forensic Mental Health Specialist position within the Community Corrections Division in the Pre-Trial Release Program, to provide services to the Criminal Justice System:

A. Approve the Contract AH102, Amendment #005, between Big Bend Community Based Care and Escambia County Board of County Commissioners, which revises the standard Contract total dollar amount; revises Exhibit "B," Method of Payment; and replaces Exhibit "G," Services to be Provided; and

B. Authorize the Chairman to sign the Amendment of Contract #AH102.

[Funding: This is a fixed price (unit cost) Contract; Big Bend Community Based Care shall pay for the delivery of authorized services specified in Exhibit "G," Services to be Provided (revision #5), in accordance with the terms and conditions of this Contract for a total dollar amount not to exceed $136,951.80, subject to the availability of funds]
 
9. 4709   Recommendation Concerning the Escambia County Animal Services and Animal Control Fee Schedule - Gordon C. Pike, Corrections Department Director

That the Board take the following action concerning the Escambia County Animal Services and Animal Control Fee Schedule:

A. Adopt the Resolution authorizing the revision of fees for certain civil infraction penalties imposed pursuant to Chapter 10 of the Escambia County Code of Ordinances relating to animals; and

B. Authorize the Chairman to sign the Resolution.
 
10. 4641   Recommendation Concerning the Acceptance of the Donation of a Parcel of Real Property Located on Barrineau Park Road (Highway 196) - 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 (approximately 2.73 acres), located on Barrineau Park Road (Highway 196), from Donna Jacobi Pruett, William Albert Jacobi, Larry Neil Jacobi, and James Lee Jacobi, as the heirs of William Merwin Barrineau:

A. Accept the donation of a parcel of real property (approximately 2.73 acres), located on Barrineau Park Road (Highway 196), from Donna Jacobi Pruett, William Albert Jacobi, Larry Neil Jacobi, and James Lee Jacobi, as the heirs of William Merwin Barrineau;

B. Authorize the payment of documentary stamps, as the property is being donated for governmental use, which is for road right-of-way and related drainage infrastructure, and the County benefits from the acceptance of this property, which provides adequate property for maintenance and future upgrades to the roadway system, 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]
 
11. 4710   Recommendation Concerning the State of Florida Department of Transportation Local Agency Program Supplemental Agreement - Bellview Elementary School Sidewalks - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a Local Agency Program Supplemental Agreement between the State of Florida Department of Transportation and Escambia County, to adjust and increase the funding amount from $416,801 to $524,258, for additional funding for construction of the Bellview Elementary School Sidewalk Project:

A. Approve the State of Florida Department of Transportation, Local Agency Program (LAP) Supplemental Agreement, between the State of Florida Department of Transportation (FDOT) and Escambia County; and

B. Adopt a Resolution authorizing the Chairman to sign the LAP Supplemental Agreement.

[Funding: A Supplemental Budget Amendment will be prepared by the Office of Management and Budget to recognize the funding for the LAP Supplemental Agreement. FDOT will reimburse the County $107,457 under this LAP Supplemental Agreement, bringing the total reimbursement to $524,258.]
 
12. 4728   Recommendation Concerning the Amendment to Sales Agreement for the Acquisition of Real Property Located at 10836 Lillian - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the Chairman to execute the Amendment to Agreement for Sale and Purchase of Property from RL REGI Florida, LLC, for the acquisition of real property located at 10836 Lillian Highway.

[Funding for this Project is available in Funding Source: Fund 352, "LOST III," Cost Center 220102, NESD Capital Projects, Project 08NE0018, Boat Ramps]

Meeting in regular session on June 10, 2013, the Board approved the Agreement for Sale and Purchase for the acquisition of three contiguous parcels of real property (totaling approximately 40 acres) located at 10836 Lillian Highway, from RL REGI, Florida, LLC. In preparation for closing, it was noted that there was an error in the legal description on Exhibit "A" attached to the Sales Agreement, as presented to the Board. The legal description (Exhibit "A") included in the Sales Agreement by the seller's attorney mistakenly included two other parcels the seller owns but was not intended to be part of this transaction. Appraisals did not include this unintended property. In all other aspects, the Agreement for Sale and Purchase remains unchanged. Staff is requesting the Board approve the Amendment to the Agreement for Sale and Purchase to correct the legal description of the property to be acquired and to proceed with the closing for this acquisition.
 
13. 4758   Recommendation Concerning the Federal Elections Activities Grant Funding for the Office of the Supervisor of Elections - David H. Stafford, Supervisor of Elections

That the Board take the following action concerning the Federal Elections Activities Grant Funds from the Department of State:

A. Certify that the County will match State Grant funds with $4,984.10 from the Supervisor of Elections' Fiscal Year 2012/2013 Budget; and

B. Authorize the Chairman to sign the Certificate Regarding Matching Funds and the Certificate of Equipment for Casting and Counting Ballots.

In order to receive the Federal Elections Activities funds, the Legislature has required that the Chairman of the Board of County Commissioners certify that the County will match the State funds with a 15% County match. Both the State funds and the County matching funds must be held in a separate account to be used solely for activities relating to Federal Elections. The required match for this Grant is $4,984.10. The match is included in the Supervisor of Elections' Fiscal Year 2012/2013 Budget under Cost Center 550101 and various Object Codes.
 
  III. For Discussion
 
1. 4751   Recommendation Concerning the Selection of a Search Firm to Recruit for the County Administrator Position - Thomas G. “Tom” Turner, Human Resources Department Director

That the Board take the following action concerning the selection of a recruiting firm:

A. Award a Contract to a recruiting firm, selected from the submitted proposals, to recruit candidates for the County Administrator position for the Escambia County Board of County Commissioners;

(THE PROPOSALS WILL BE DISTRIBUTED UNDER SEPARATE COVER.)

B. Authorize the expenditure of up to $45,000 to pay for the search firm fees, expenses and candidates’ travel, and interview expenses; and

C. Authorize the Chairman to execute the Agreement, subject to Legal review and approval. (The Agreement will be drafted upon approval of this Board action.)
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 4720   Recommendation Concerning the Scheduling of a Public Hearing on September 5, 2013, at 5:31 p.m. to Consider Amending Volume 1, Chapter 90, Article II, Section 90-57(4) of the Escambia County Code of Ordinances Providing Allocation of Tourist Development Tax Revenues for the Renewal and Replacement Fund for the Pensacola Civic Center.

That the Board authorize scheduling a public hearing on September 5, 2013, at 5:31 p.m. to consider amending Volume 1, Chapter 90, Article II, Section 90-57(4) of the Escambia County Code of Ordinances to remove the allocation of Tourist Development Tax Revenues for the renewal and replacement fund for the Pensacola Civic Center.
 
2. 4729   Recommendation Concerning Settlement of a Workers' Compensation Claim Involving Steven Bates.

That the Board approves a washout workers' compensation settlement on behalf of Steven Bates in the amount of $74,108.67, inclusive of attorney's fees and costs. In exchange for this settlement amount, Mr. Bates shall execute a voluntary resignation and general release of liability on behalf of Escambia County.
 
3. 4742   Recommendation Concerning Ratifying a Letter Sent to Gerald E. Champagne, Sheriff's General Counsel, Concerning Contracts Relating to the Escambia County Jail

That the Board ratify the attached letter sent to Gerald E. Champagne, General Counsel to the Sheriff, dated July 26, 2013, concerning contracts relating to the Escambia County Jail.
 
15.   Items added to the agenda.
 
16.   Announcements.
 
17.   Adjournment.
 

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