Agenda

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.

4832

Proclamations.

Recommendation: That the Board adopt the following two Proclamations:

A. The Proclamation commending and congratulating Carrie Seals on her selection as the “Employee of the Month” for September 2013; and

B. The Proclamation joining United Cerebral Palsy of Northwest Florida in recognizing and offering sincere appreciation to the many individuals of Zelica Grotto who contribute their time, service, and resources with extraordinary kindness, compassion, and insight to all members of our community.

7.

4867

Retirement Proclamations.

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

A. The Proclamation commending and congratulating Judith C. Cantrell, Real Estate Acquisition Specialist, Public Works Department, on her retirement after 35 years of service;

B. The Proclamation commending and congratulating Kenneth F. Castleberry, Corrections Officer, Corrections Department, on his retirement after 31 years of service; and

C. The Proclamation commending and congratulating Ruth E. Strader, Senior Office Support Assistant, Corrections Department, on her retirement after 23 years of service.

8.

Written Communication.

4831

August 12, 2013 - Email communication from Brandon Vinyard, Sellstate Gulf Coast Realty, requesting the Board forgive a Code Enforcement Lien attached to property located at 33 Archer Avenue.

Recommendation: That the Board review and consider lien relief request made by Brandon Vinyard against property located at 33 Archer Avenue.

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.

9.

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.

10.

4804

5:31 p.m. Public Hearing for consideration of adopting an Ordinance to remove the allocation of Tourist Development Tax Revenues for the renewal and replacement fund for the Pensacola Civic Center.

Recommendation: That the Board adopt an Ordinance amending Volume 1, Chapter 90, Article II, Division 2, 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.

11.

4853

5:32 p.m. Public Hearing for Consideration of Adopting an Ordinance Creating the Wilde Lake Estates Subdivision Street Lighting MSBU.

Recommendation: That the Board adopt, and authorize the Chairman to sign, the Ordinance creating the Wilde Lake Estates Subdivision Street Lighting Municipal Services Benefit Unit (MSBU), and all related documents, and make the following findings of fact:

A. Lots in the District are specially benefited since street lighting not only increases the market value of an individual lot, but also increases safety in the District surrounding individual lots and the ability of lot owners to use their individual lots after dark;

B. The benefit from improved street lighting varies according to the relative size of the affected lots; residential lots benefit from improved street lighting uniformly because of the small variation in size throughout the District;

C. The non-ad valorem special assessments levied represent a fair and reasonable apportionment of the cost of the special benefit received by each lot and do not represent a fair share of the cost of general governmental service provided to residents in the unincorporated areas of Escambia County; and

D. Lots which do not receive a special benefit have been and shall be excluded from the non-ad valorem special assessment.

12.

4864

5:33 p.m. TEFRA Public Hearing for Consideration of Adopting a Resolution Authorizing Wisconsin Public Finance Authority to Issue Revenue Bonds.

Recommendation: That the Board take the following action concerning the issuance by the Public Finance Authority, a Wisconsin bond issuing Commission (the “Authority”), of not-to-exceed $5,000,000 Revenue Bonds (herein, the “Bonds”), on behalf of Methodist Home for the Aging, an Alabama nonprofit corporation authorized to transact business in the State of Florida (the “State”), or one or more of its affiliates (as applicable, the “Borrower”), for financing or refinancing the Borrower’s interest in the 120-bed skilled nursing facility known as the Haven of Our Lady of Peace located at the intersection of Summit Boulevard and 12th Avenue in the City of Pensacola, Escambia County, Florida, and a 7.72-acre parcel of land (and currently containing an unoccupied single family dwelling), located at 7920 Hilburn Road, in the unincorporated Ensley community, Escambia County, Florida, on which there is expected to be constructed approximately 50 to 75 units of independent living facilities for low income or elderly residents (the “Project”):

A. Ratify the scheduling of the 5:33 p.m. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing for consideration of authorizing the issuance of the Bonds by the Authority and advertising of the Notice of Public Hearing; and

B. Adopt, and authorize the Chairman to execute, the Resolution authorizing the issuance of the Bonds by the Authority upon the terms established therein.

The Bonds are not issued by the County and will not obligate the credit of the County or pose any obligation or liability for the County.

13.

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.

4890

Recommendation Concerning Acceptance of Gas Distribution Franchise Ordinance by the City of Gulf Breeze

That the Board accept, for filing with the Board's Minutes, the August 26, 2013, letter from Beverly H. Zimmern, Mayor, City of Gulf Breeze, as received in the Clerk to the Board's Office on August 28, 2013, advising that the Gulf Breeze City Council, at its meeting on August 19, 2013, formally accepted Escambia County Ordinance Number 2013-23.

2.

4851

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 20, 2013;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held August 20, 2013; and

C. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole (C/W) Workshop held August 15, 2013.

GROWTH MANAGEMENT REPORT

I. Public Hearing

1.

4790

Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on August 5, 2013

That the Board take the following action concerning the rezoning case heard by the Planning Board on August 5, 2013:

Review and either adopt, modify, or overturn the Planning Board’s recommendation for Rezoning Case Z-2013-07 or remand the case back to the Planning Board; and
Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning case that was reviewed.

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-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:	Buddy Page, Agent for Robertson and Brazwell, LLC, Owner
Planning Board Recommendation:	Approval
Speakers:	Buddy Page

2.

4791

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 case heard by the Planning Board on August 5, 2013 and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.

II. Action Item

1.

4727

Recommendation Concerning Final Plat Pale Moon Estates Permit #110800008

That the Board take the following action concerning the recording of the Final Plat of Pale Moon Estates, (a private 8-lot single family residential subdivision), located in the Perdido Key/Innerarity Community on Pale Moon Drive. It is owned and developed by Pale Moon Estates, LLC. Prior to recording, the County Engineer, County Surveyor, Development Services Director and the Clerk of the Circuit Court must sign the Final Plat, as set forth in Section 4.02.07.E, of the Escambia County Land Development Code. Also, prior to recording, the County Surveyor must sign the Final Plat as set forth in Chapter 177.081 (1) Florida Statutes;

A. Approve the final plat for recording; and

B. Accept the public drainage improvements within the Public Drainage and Access Easement "A", as depicted upon the final plat for permanent County maintenance. The cost of maintenance for drainage improvements are to be funded through the establishment of a stormwater management MSBU (Municipal Services Benefit Unit).

III. Consent Agenda

1.

4801

Recommendation Concerning the Scheduling of Public Hearings

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

October 3, 2013

A. 5:45 p.m.- A Public Hearing to amend the official Zoning map to include the following Rezoning Cases to be heard by the Planning Board on September 9, 2013.

Case No.:	Z-2013-17
Address:	900 Jacks Branch Road
Property Reference No.:	05-1N-31-1100-000-000
Property Size:	801.11 (+/-) acres
From:	VAG-1, Villages Agriculture Districts, Gross Density (five du/ 100 acres on one-acre parcels)
To:	R-4, Multiple-Family District, (cumulative) Medium High Density (18 du/acre) and; C-1, Retail Commercial District (cumulative) (25 du/acre) and; V-5, Villages Clustered Residential District, Gross Density (four du/acre, if sewered and clustered) Gross Density (one du/acre, if unsewered) and; R-3, One-Family and Two-Family District, (cumulative) Medium Density (ten du/acre)
FLU Category:	AG/RC, Agriculture and Recreation
Commissioner District	5
Requested by:	Brad McLaughlin, Agent for DDJ Land Company, LLC, Owners

B. 5:46 - A Public Hearing - CIE Annual Report

C. 5:47 - A Public Hearing - Article 12 - Coastal Management

COUNTY ADMINISTRATOR'S REPORT

I. Technical/Public Service Consent Agenda

1.

4829

Recommendation Concerning the Scheduling of a Public Hearing for the Consideration of Amendments to the Code of Ordinances, Article II, Chapter 46, Purchases and Contracts for Local Preference - Amy Lovoy, Management and Budget Services Department Director

That the Board approve the scheduling of a Public Hearing for September 16, 2013, at 5:31 p.m., to consider amending the Code of Ordinances, Article II, Chapter 46, Purchases and Contracts, Sections 46-82, Sealed Bid Process, and Section 46-110 - Local Preference, establishing a local preference in the competitive sealed bid process.

2.

4802

Recommendation Concerning the Scheduling of a Public Hearing to Consider the Petition to Vacate an Unnamed Right-of-Way in the Pensacola Home Orchards Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board authorize the scheduling of a Public Hearing for October 3, 2013, at 5:31 p.m., to consider the Petition to Vacate an unnamed right-of-way in the Pensacola Home Orchards Subdivision (20 feet by 315 feet = 6,300 square feet or approximately 0.14 acres), as petitioned by Southern District of the Christian and Missionary Alliance, Inc.

3.

4838

Recommendation Concerning a Resolution Supporting an Application to the Florida Department of Environmental Protection for State Funds for the 2014-2015 Florida Beach Erosion Control Program Budget for the Perdido Key Nourishment Project - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning a Resolution supporting an application to the Florida Department of Environmental Protection (FDEP) for State Funds for the 2014-2015 Florida Beach Erosion Control Program Budget for the Perdido Key Nourishment Project:

A. Adopt the Resolution supporting an application to FDEP for State Funds under Section 161.091, Florida Statutes, for the 2014-2015 Florida Beach Erosion Control Program Budget for the Perdido Key Nourishment Project; and

B. Authorize the Chairman to sign the Resolution.

[Funding: No direct budgetary impact at this time; however, there will be a local match required when the Perdido Key Nourishment Project is constructed and for continued maintenance of the Project post-construction to maximize eligibility for Federal Emergency Management Agency (FEMA) funds in the event of a declared disaster. Construction is projected to be in the Fall of 2015 pending identification of a local funding source]

4.

4852

Recommendation Concerning the Request for Disposition of Property for the Tax Collector's Office - Janet Holley, Tax Collector

That the Board approve the six Request for Disposition of Property Forms for the Tax Collector's Office for property which is described and listed on the Disposition Forms, with reasons for disposition stated. The listed items have been found to be of no further usefulness to the County; thus, it is requested that the items be auctioned as surplus or properly disposed of.

5.

4861

Recommendation Concerning the West Florida Regional Library Blue Ribbon Task Force Committee - Darlene Howell, Library Administrator

That the Board take the following action concerning sunsetting the West Florida Regional Library Blue Ribbon Task Force Committee (Committee), since the mission of the Committee has been completed:

A. Rescind the Board’s Action of June 28, 2012, adopting the Resolution (R2012-85) creating the West Florida Regional Library Blue Ribbon Task Force Committee and approving to appoint the following members, selected by the County Commissioner of their residing district, for a one-year term, with an effective date of August 1, 2012, through July 31, 2013:

1. District 1 - LisaMarie Bartusik;
2. District 2 - Terri Church;
3. District 3 - Robin Reshard;
4. District 4 - Margaret Henderson; and
5. District 5 - Ruth Gordon; and

B. Accept for filing with the Board’s Minutes the five-year plan titled "A Strategic Plan for the West Florida Public Library System 2013-18," provided by the Committee and approved by the West Florida Public Library Board of Governance at a regular meeting held on August 21, 2013.

6.

4870

Recommendation Concerning the Memorandum of Understanding and the Detailed Specific Area Plan - Larry M. Newsom, Assistant County Administrator

That the Board amend its action of September 15, 2011, requiring the Development Group to pay in full the $156,000 due, pursuant to the Memorandum of Understanding between Escambia County and Classic Home Builders, Inc., Longview Plantation I, LLC, DDJ Land Company, LLC, prior to issuance of any County Development Order, Land Disturbance Permit, Building Permit, or any other County approval or Permit for any of their property within the Sector Plan Area and allow the Development Group to rezone properties within the Sector Plan Area prior to payment in full of the $156,000. The Board shall still require payment in full of the $156,000 prior to issuance of any Development Orders, Land Disturbance Permits, Building Permits, or County Permits or approvals other than rezonings.

7.

4883

Recommendation Concerning the County Administrator's Appointment to the Escambia County Animal Services Advisory Committee - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the appointment of Dr. Andrew "Andy" Hillman as a County Administrator at-large appointee, to serve as the Veterinarian Representative to the Escambia County Animal Services Advisory Committee (ASAC), with the term of appointment to be effective September 5, 2013, through September 4, 2016, or at the County Administrator's discretion.

II. Budget/Finance Consent Agenda

1.

4799

Recommendation Concerning Supplemental Budget Amendment #223 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #223, Civic Center Fund (409) in the amount of $20,852, to recognize insurance proceeds from a water line leak at the facility, and to appropriate these funds for the necessary repairs at the Pensacola Bay Center.

2.

4815

Recommendation Concerning Budget Amendment #230 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve Budget Amendment #230, County Administration, General Fund (001) in the amount of $105,500, to cover a shortage in personnel funds due to the former County Administrator's payout at separation of employment from the Board of County Commissioners. The additional personnel funding will come from Reserves for Operating and is one-time monies in the current Fiscal Year's Budget.

3.

4805

Recommendation Concerning Reduction of Minimum Sales Price of Real Properties Due to the Property Appraiser’s 2013 Assessed Values - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the reduction of the minimum sales price required for real properties, due to the Property Appraiser’s 2013 Certified Roll Assessed Values:

A. Authorize the sale of the following real properties to the bidder with the highest offer received at or above the reassessed minimum bid, in accordance with Section 46.134 of the Escambia County Code of Ordinances, without further action of the Board;

1. Property located at 2 Utah Court, Account Number 05-5883-000, Reference Number 15-2S-30-6200-580-010, is now assessed at $4,500; and

2. Property located at 110 North Merritt Street, Account Number 08-1454-000, Reference Number 50-2S-30-5091-011-008, is now assessed at $5,700; and

B. Authorize the Chairman to sign all documents related to the sale.

4.

4468

Recommendation Concerning Maintenance of Street and Navigation Lights - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Term Contract, PD 12-13-048, "Maintenance of Street and Navigation Lights," to Ingram Signalization, Inc., effective October 1, 2013, ending September 30, 2016, and approve annual expenditures up to $150,000.

[Funding: Fund 167, Bob Sikes Toll Facility, Cost Center 140302, Object Code 54601, $50,000]

[Funding: Fund 175, Transportation Trust Fund, Cost Center, 211201, Object Code 54601, $100,000]

5.

4788

Recommendation Concerning Professional Services as Governed by Florida Statute 287.055 - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning Professional Services as Governed by Florida Statute 287.055:

A. Award Task Order-based Continuing Contracts to Constantine Engineering, Inc., per PD 02-03.079, Professional Services as Governed by Florida Statute 287.055 (A&E Services), on a “Maximum Ceiling” basis fee schedule, as follows:

Maximum Overhead – 168%
Maximum Profit – 12%
Maximum FCCM – 1.50%
Maximum Multiplier – 301.66% (providing no single item above is exceeded)
Existing Hourly Rates for each firm (based on an audited or auditable financial package)

B. Authorize the Department(s), in conjunction with the Office of Purchasing, to negotiate Task Orders, according to Florida Statute 287.055, “Consultants’ Competitive Negotiation Act” (A&E Services), on a project-by-project basis.

[Funding: Funds to be budgeted for on an annual basis]

6.

4800

Recommendation Concerning Signal Response Maintenance and Construction - Amy Lovoy, Management and Budget Services Department Director

That the Board award an Indefinite Quantity, Indefinite Delivery Term Contract, PD 12-13.049, Signal Response Maintenance and Construction, to Ingram Signalization, Inc., and approve annual expenditures up to $300,000.

[Funding: Fund 175, Transportation Trust Fund, Cost Center 211201, Object Code 54601]

7.

4806