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THROUGH THESE DOORS WALK ONLY THE FINEST PEOPLE – THE CITIZENS OF ESCAMBIA COUNTY. DECISIONS ARE MADE IN THIS ROOM AFFECTING THE DAILY LIVES OF OUR PEOPLE. DIGNIFIED CONDUCT IS APPRECIATED.  
CHAMBER RULES
1. IF YOU WISH TO SPEAK, YOU WILL BE HEARD.
2. YOU MUST SIGN UP TO SPEAK. SIGN-UP SHEETS ARE AVAILABLE AT THE BACK OF THE ROOM.
3. YOU ARE REQUESTED TO KEEP YOUR REMARKS BRIEF AND FACTUAL.
4. BOTH SIDES ON AN ISSUE WILL BE GRANTED UNIFORM/MAXIMUM TIME TO SPEAK.
5. DURING QUASI-JUDICIAL HEARINGS (I.E., REZONINGS), CONDUCT IS VERY FORMAL AND REGULATED BY SUPREME COURT DECISIONS.
PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – August 20, 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.   Presentation - Certificates to Miranda Holt, Overall Girls' Winner, and J.R. Schultz, Overall Boys' Winner, of the 56th Annual Divot Derby.
 
7.   Did the Clerk’s Office receive the proofs of publication for the Public Hearing(s) on the agenda and the Board’s Weekly Meeting Schedule?

Recommendation: That the Board waive the reading of the legal advertisement(s) and accept, for filing with the Board’s Minutes, the certified affidavit(s) establishing proof of publication for the Public Hearing(s) on the agenda, and the Board of County Commissioners – Escambia County, Florida, Meeting Schedule.
 
8.   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. 4786   Recommendation Concerning Reports Prepared by the Clerk and Comptroller's Finance Department

That the Board accept, for filing with the Board's Minutes, the following Reports prepared by the Clerk and Comptroller's Finance Department:

A. Tourist Development Tax Collections Data for the June 2013 returns received in the month of July 2013; this is the tenth month of collections for Fiscal Year 2012-2013; total collected for the June 2013 returns was $1,261,638.79; this is a 7.97% increase over the June 2012 collections; total collections year-to-date are 7.45% higher than the comparable time frame in Fiscal Year 2011-2012; and

B. The Investment Report for the month ended July 31, 2013, as required by Ordinance Number 95-13.
 
2. 4787   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 August 8, 2013; and

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held August 8, 2013.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 4771   5:45 p.m. A Public Hearing Concerning the Review of an Ordinance Amending Article 6 Accessory Uses

That the Board adopt, deny or modify 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 second 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.
 
2. 4770   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Article 6 Zoning Districts

That the Board adopt, deny or modify 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 second 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.
 
  II.  Action Item
 
1. 4792   Recommendation Concerning Tarklin Way Unplatted Subdivision

That the Board approve or deny the request to waive the requirement for paved streets in an unplatted subdivision, per Section 4.01.05 of the Escambia County Land Development Code, for Tarklin Way Unplatted Subdivision. A plat of the proposed subdivision is attached.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 4752   Recommendation Concerning the Scheduling of a Public Hearing for the Wilde Lake Estates Subdivision Street Lighting Municipal Services Benefit Unit - Amy Lovoy, Management and Budget Services Department Director

That the Board authorize the scheduling of a Public Hearing on September 5, 2013, at 5:32 p.m., to consider adoption of an Ordinance creating the Wilde Lake Estates Subdivision Street Lighting Municipal Services Benefit Unit (MSBU).
 
2. 4773   Recommendation Concerning Community Redevelopment Agency Meeting Minutes, July 25, 2013 - Keith Wilkins, Community & Environment Department Director

That the Board accept for filing with the Board's Minutes, the July 25, 2013, Community Redevelopment Agency's (CRA) Meeting Minutes prepared by Carolyn Barbour, Administrative Assistant.
 
3. 4746   Recommendation Concerning the Request for Disposition of Property for the Public Safety Department - Michael D. Weaver, Public Safety Department Director

That the Board approve the three Request for Disposition of Property Forms to declare as surplus and authorize removal from the County assets inventory, 13 items, aged 6 to 15 years, which are obsolete and no longer held by the Public Safety Department, having been lost on scene, damaged and disposed of as junk, or used as spare parts without appropriate disposition paperwork.
 
4. 4769   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the 2013 Gulf Coast Summer Fest at Casino Beach – Donald R. Mayo, Interim Building Official, Building Inspections Division

That the Board approve the application for a Special Event Permit for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance in conjunction with the outdoor event, Gulf Coast Summer Fest 2013, sponsored by Banks Enterprise, LLC, to be held at Casino Beach, Saturday, August 31, 2013, from 11:00 a.m. through 11:59 p.m.
 
5. 4784   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 Forms for the Corrections Department for property which is described and listed on the Disposition Forms. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or properly disposed of.
 
  II.  Budget/Finance Consent Agenda
 
1. 4774   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1280 Mahogany Mill Road #7 - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following August 20, 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 1280 Mahogany Mill Road #7:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Edward R. Rankin, the owner of residential property located at 1280 Mahogany Mill Road #7, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,140, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for replacing the roof; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement this Grant award.
 
2. 4775   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 208 Brandywine Road - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following August 20, 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 208 Brandywine Road:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Billy N. and Janice J. Crouch, the owners of residential property located at 208 Brandywine Road, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,250, 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.
 
3. 4776   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 1202 Wilson Avenue - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following August 20, 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 1202 Wilson Avenue:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Edward P. and Kirsten B. Germann, the owners of residential property located at 1202 Wilson Avenue, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $832, 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.
 
4. 4777   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements for 15 Milton Road - Keith Wilkins, Community & Environment Department Director

That the Board ratify the following August 20, 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 15 Milton Road:

A. Approving the Residential Rehab Grant Program Funding and Lien Agreements between Escambia County CRA and Gloria J. McCluskey, the owner of residential property located at 15 Milton Road, Pensacola, Florida, in the Barrancas Redevelopment Area, each in the amount of $1,900, 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.
 
5. 4737   Recommendation Concerning a Change Order to Geosyntec Consultants, Inc., for the Mahogany Mill Boat Ramp - Keith Wilkins, Community & Environment Department Director

That the Board approve and authorize the Interim County Administrator to execute the following Change Order #2, to conduct remediation of contaminated soil located at the County's property known as the Mahogany Mill Boat Ramp:

Department: Community & Environment
Division: Community Redevelopment Agency
Type: Addition
Amount: $163,900
Vendor: Geosyntec Consultants, Inc.
Project Name: Mahogany Mill Boat Ramp
Contract: PD 02-03.079
PO#: 131158
CO#: 2
Original Award Amount: $24,500
Cumulative Amount of Change Orders through CO #2 $188,300
New Contract Total: $212,800
 
6. 4739   Recommendation Concerning Approval of the Neighborhood Stabilization Program 3 Subrecipient Agreement with the Area Housing Commission - Keith Wilkins, Community & Environment Department Director

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

A. Approve a Subrecipient Agreement with the AHC committing $170,000 in NSP3 and Fund 124 dollars 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 agreement and all related documents required to implement the Project.

[Funding: Fund 129, Cost Center 220507; Fund 124, Cost Center 220406]
 
7. 4736   Recommendation Concerning the Lease of the County-Owned Property at 501 Church Street by Health and Hope Clinic, Inc. - David W. Wheeler, CFM, Facilities Management Department Director

That the Board adopt and authorize the Chairman to sign a Resolution authorizing the lease of real property to Health and Hope Clinic, Inc. (HHC), for the property located at 501 Church Street, Century, Florida, for the term of three years, commencing retroactively on July 1, 2013, and providing for renewal by HHC for two additional two-year terms.

Rent is to be paid to the County in the amount of $1.00 per year.
 
8. 4748   Recommendation Concerning a Change Order to Ward International Trucks, LLC, for Public Safety's Ambulance Fleet Repair and Maintenance - Michael D. Weaver, Public Safety Department Director

That the Board approve and authorize the Interim County Administrator to execute the following Change Order Number 1, adding funds for the repair and maintenance of the Public Safety Department's ambulance fleet through the balance of the Fiscal Year:

Department: Public Safety
Division: Emergency Medical Services
Type: Addition
Amount: $45,000
Vendor: Ward International Trucks, LLC
Project Name: N/A
Contract: N/A
PO#: 130049
CO#: 1
Original Award Amount: $185,000
Cumulative Amount of Change Orders through this CO: $45,000
New PO Total: $230,000

[Funding Source: Fund 408, Emergency Medical Services Fund, Cost Center 330302, EMS Operations]
 
9. 4531   Recommendation Concerning a Change Order to HDR Engineering, Inc., for Design Services for Kupfrian Park Improvements - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a Change Order to HDR Engineering, Inc., for Design Services for the Kupfrian Park Improvements:

A. Approve and authorize the Interim County Administrator to execute the following Change Order:

Department: Public Works
Division: Engineering/Infrastructure Division
Type: Addition
Amount: $73,880.37
Vendor: HDR Engineering, Inc.
Project Name: Kupfrian Park Improvements
Contract: PD 08-09.054
PO#: 101399
CO#: 5
Original Award Amount: $146,675.22
Cumulative Amount of Change Orders Through this CO: $123,718.73
New Contract Total: $270,393.95

B. Authorize staff to negotiate future additional professional and design services and issue Task Orders as required for completion of this Project.

[Funding Source: Fund 352, "LOST III," Cost Center 210107, Object Code 56301, Project #10EN0433, "Avery Street Drainage"]
 
10. 4576   Recommendation Concerning Central Booking and Detention Facility Flood Repair - Amy Lovoy, Management and Budget Services Department Director

That the Board award Contract #PD 12-13.054 for the Central Booking and Detention Facility Flood Repair to A.E. New, Jr., Inc., in the base bid amount $1,767,000, deduct $2,600 per Bid Option 1, and add $9,500 per Bid Option 2, for a total of $1,773,900, and authorize the Interim County Administrator to execute all Purchase Orders for Owner Direct Purchases (ODP's), in the amount of $50,000 or greater.

[Funding: Fund 352, LOST III, Cost Center 540115, Object Code 56301, Project #13SH2253, $220,000]

[Funding: Fund 501, Internal Service Fund, Cost Center 140836, Object Code 54601, Project #6FL00155, $1,553,900]
 
11. 4796   Recommendation Concerning Acceptance of the CTS America Software License and Services Agreement and Software Maintenance and Support Agreement with Pricing Sheet - David Musselwhite, Information Technology Department Director

That the Board take the following action concerning Agreements by SmartCOP, Inc., (Consolidated Technology Solutions and CTS America) and Escambia County Board of County Commissioners for the use of the SmartJail (Jail Management System) and SmartADMIN (Administrative Modules), which are necessary for the continued operation of the Escambia County Jail:

A. Approve the Software License and Services Agreement;

B. Approve the Software Maintenance and Support Agreement with Pricing Sheet; and

C. Authorize the Chairman to sign the Agreements.

[The cost of the SmartJail and SmartADMIN Software Products will be no charge. The cost of necessary services to move data, configure servers, and CTS America project management will be $5,100. Additionally, the cost for the first annual maintenance fee will be $56,428.20]
 
12. 4797   Recommendation Concerning Supplemental Budget Amendment #221 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #221, Law Enforcement Trust Fund (121) in the amount of $267,010, to recognize additional revenues from various law enforcement activities, and to appropriate these funds into the Sheriff's Law Enforcement Trust (LET) Budget.
 
  III. For Discussion
 
1. 4779   Recommendation Concerning an Escambia-Pensacola Human Relations Commission Reappointment/Appointment - George Touart, Interim County Administrator

That the Board take the following action concerning a reappointment/appointment to the Escambia-Pensacola Human Relations Commission:

A. Waive the Board’s Policy, Section I, Part B 1. (D), Appointment Policy and Procedures, and reappoint Ebbin Spellman, for a two-year term, effective retroactively August 17, 2013, through August 16, 2015;

OR

B. Appoint Jeanette M. Moore for a two-year term, effective August 20, 2013, through August 19, 2015.
 
2. 4757   Recommendation Regarding the Dedication of a 50-Foot Public Right-of-Way Easement Located at 6775 Mobile Highway - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the Chairman to sign the Dedication of Public Right-of-Way Easement for a 50-foot wide easement along the northern 50 feet of the County's Land Clearing Debris (LCD) pit and Public Works Substation located at 6775 Mobile Highway, requested for Bobby Glenn Buffington.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 4789   Recommendation Concerning Settlement on a Workers' Compensation Claim Involving William Blackmon

That the Board approves a washout workers' compensation settlement to former employee William Blackmon in the amount of $160,000.00, inclusive of all outstanding attorney's fees and costs. In exchange, Mr. Blackmon shall execute a general release of liability and waiver of employment on behalf of Escambia County.
 
2. 4767   Recommendation Concerning the Gulf Coast Summerfest Concert Resolution Restricting Access to the Gulf of Mexico on a Limited Portion of Santa Rosa Island

That the Board adopt a Resolution restricting access to the Gulf of Mexico on a limited portion of Santa Rosa Island during the 2013 Gulf Coast Summerfest Concert event from sunset on Saturday, August 31, 2013 until sunrise on Sunday, September 1, 2013.
 
3. 4798   Recommendation Concerning Settlement of a Workers' Compensation Claim Involving Ann Brown

That the Board approves a settlement of the medical portion of former employee Ann Brown's workers' compensation claim for $41,276.65, inclusive of attorney's fees and costs. The Board has previously settled the indemnity portion of her workers' compensation claim, and this second settlement will completely discharge Escambia County's liability for this workers' compensation claim.
 
9.   Items added to the agenda.
 
10.   Announcements.
 
11.   Adjournment.
 

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