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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 – February 5, 2015 – 3:30 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 – Pastor Ricky Skaggs, Wendy Hill Baptist 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.   Presentations - Plaques for the Environmental Project of the Year Award for 2014, presented by Amy Mixon, President of the Northwest Chapter of the Florida Association of Environmental Professionals, to the following recipients for their contribution to the Mahogany Mill Historic Park and Boat Ramp Project:

Escambia County Marine Resources Division – Robert Turpin
Escambia County Community & Environment Department – Keith Wilkins
Escambia County Public Works Department – Kirk Kassebaum
Escambia County Water Quality Division – Chips Kirschenfeld and Brent Wipf
Escambia County Community Redevelopment Agency – Clara Long, Glenn Griffith, and Zakkiyyah Osuigwe
Hammond Engineering, Inc. – Tom Hammond
Wetland Sciences, Inc. – Keith Johnson
Geosyntec Consultants, Inc. – Jill Johnson and Katie Fox
Hewes & Company, LLC – Brad Dale
Florida Department of Environmental Protection – Pearce Barrett and Beth Fugate
Florida Fish and Wildlife Conservation Commission
Escambia County Board of County Commissioners – Commissioner Barry, Chairman
 
7. 7611   Proclamations.

Recommendation: That the Board take the following action:

A. Ratify the Proclamation dated January 22, 2015, commending and congratulating Cyndee Pennington for her 30 years of dedication to bringing first-class entertainment to the citizens of Escambia county and the surrounding area;

B. Adopt the Proclamation commending and congratulating Mr. Bradley M. Hartnett on achieving the rank of Eagle Scout;

C. Adopt the Proclamation observing February 2015 as "Cox Connects the Gulf Coast Month"; and

D. Adopt the Proclamation commending and congratulating John Danley, Electrical Shop Supervisor, Facilities Management Department, on his selection as the “Employee of the Month” for February 2015.
 
8. 7602   Retirement Proclamations.

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

A. Adopt the Proclamation commending and congratulating Ronald G. Brown, Engineering Specialist, Public Works Department, on his retirement after 14 years of dedicated service;

B. Adopt the Proclamation commending and congratulating Regena L. Howard, Corrections Officer, Corrections Department, on her retirement after 14 years of dedicated service;

C. Adopt the Proclamation commending and congratulating Paul A. Swinney, Jail Corrections Sergeant, Corrections Department, on his retirement after 28 years of dedicated service;

D. Ratify the Proclamation, dated December 23, 2014, commending and congratulating Wyatt K. Ray, Maintenance Technician, Facilities Management Department, on his retirement after 15 years of dedicated service; and

E. Ratify the Proclamation, dated December 23, 2014, commending and congratulating Chester J. Ruth, Maintenance Technician, Facilities Management Department, on his retirement after 24 years of dedicated service.
 
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. 7573   3:31 p.m. Public Hearing for consideration of amending the Panhandling Ordinance.

Recommendation: That the Board adopt an Ordinance amending Volume I, Chapter 86, Article IV, Division 2, Sections 86-250 through 86-253, of the Escambia County Code of Ordinances, the Panhandling Ordinance; providing for additional Legislative findings; updating Community Redevelopment Areas and delineating intersections within those Community Redevelopment Areas where Panhandling is prohibited; establishing a prohibition on Panhandling one half mile in each direction of I-10 and I-110; providing for severability; providing for inclusion in the Code; providing for an effective date.
 
11. 7538  
3:32 p.m. Public Hearing for consideration of adopting an Ordinance amending Chapter 6, Article III, of the Escambia County Code of Ordinances, relating to alcoholic beverages.

Recommendations: That the Board adopt an Ordinance amending Chapter 6, Article III, of the Escambia County Code of Ordinances, relating to alcoholic beverages in public parking areas; reclassifying to address open or unsealed alcoholic beverages; amending Section 6-61, Definitions, to define alcoholic beverages, intoxicating beverage, liquor, and possession; amending Section 6-63, Open Container in Public Parking Areas, to modify prohibitions regarding consumption of alcoholic beverages in public places, limiting applicability to the unincorporated areas of the County, and establishing Exceptions; providing for severability; providing for inclusion in the Code; 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
Ernie Lee Magaha Government Building, Suite 130
 
  I.  Consent Agenda
 
1. 7544   Recommendation Concerning Acceptance of TDT Collection Data for November 2014 Returns received in December 2014

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the November 2014 returns received in the month of December 2014, as prepared by the Finance Department of the Clerk and Comptroller's Office; this is the third month of collections for the Fiscal Year 2015; total collections for the November 2014 returns was $379,003.67; this is a 20.14% increase over the November 2014 returns; total collections year-to-date are 18.86% more than the comparable time frame in Fiscal Year 2014.
 
2. 7561   Recommendation Concerning Acceptance of the December 31, 2014 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended December 31, 2014, as required by Ordinance Number 95-13; on December 31, 2014, the portfolio market value was $281,342,084 and portfolio earnings totaled $234,653 for the month; the short-term portfolio yield was 0.19%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.10%; the enhanced cash portfolio achieved a total return of -0.05%, which should be compared to the Merrill Lynch 1-3 Year Treasury Index of -0.24%; the long-term CORE portfolio achieved a total return of -0.33%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of -0.33%.
 
3. 7587   Recommendation Concerning Acceptance of Documents Provided to the Clerk to the Board's Office

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

A. A copy of the Financial Statements for the Pensacola-Escambia County Promotion and Development Commissioner for the year ended September 30, 2014;

B. A copy of the Financial Statements and Supplementary Information for the Santa Rosa Island Authority for the year ended September 30, 2014; and

C. A copy of the Annual Audit Report for the Escambia County, Florida, Law Library Board, for the year ended September 30, 2014.
 
4. 7609   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 Special Board Meeting held January 20, 2015;

B. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held January 22, 2015; and

C. Approve the Minutes of the Regular Board Meeting held January 22, 2015.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearings
 
1. 7566   Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on January 6, 2015

That the Board take the following action concerning the rezoning cases heard by the Planning Board on January 6, 2015:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2015-01 and Z-2015-02 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-2015-01
Address: 13922 River Road
Property Reference No.: 14-3S-32-1001-000-130
Property Size: 2.21 (+/-) acres
From: R-2PK, Residential District (Perdido Key), Medium Density (4.5 du/acre)
To: CGPK, (Perdido Key) Commercial Gateway District, High Density (12.5 du/acre)
FLU Category: MU-PK, Mixed-Use Perdido Key
Commissioner District: 2
Requested by: William Dyess, Agent for Helen P. Scarbrough, Owner
Planning Board Recommendation: Approval
Speakers: William Dyess, Greg Canfield, Mae Dean, Clovis Harper, Dan Henderson, Richard Leyser, Alan Dennis, Linda H. Dunson Banta, Charles Krupnick, George Baughman
2. Case No.: Z-2015-02
Address: 13900 River Road
Property Reference: 14-3S-32-1001-000-129
Property Size: 1.72 (+/-) acres
From: R-2PK, Residential District (Perdido Key), Medium Density (4.5 du/acre)
To: CGPK, (Perdido Key) Commercial Gateway District, High Density (12.5 du/acre)
FLU Category: MU-PK, Mixed-Use Perdido Key
Commissioner District: 2
Requested by: Linda H. Dunson Banta
Planning Board Recommendation: Approval
Speakers: Dan Henderson, Richard Leyser, Alan Dennis, Linda H. Dunson Banta, William Dyess, Greg Canfield, Mae Dean, George Baughman, Charles Krupnick
 
2. 7567   5:01 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 January 6, 2015, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 7569   5:02 p.m. - Recommendation Concerning the Review of an Ordinance Amending Article 6, Maximum Building Height in ID-CP Zoning District.

That the Board of County Commissioners (BCC) review and adopt an Ordinance to the Land Development Code (LDC) Article 6.05.17.E.1, to allow a maximum building height of 150 feet for buildings in Industrial Commercial Park (ID-CP) zoning district.
 
4. 7570   5:03 p.m. - Recommendation Concerning the Review of an Ordinance Addressing Borrow Pits and Reclamation Activities, Amending Articles 6, 7 and 12 of the Land Development Code

That the Board of County Commissioners (BCC) review an Ordinance to the Land Development Code (LDC) Article 6, Section 6.04.00 General provisions, 6.05.00 District Regulations, Article 7, Performance Standards and Article 12, Part II, Conservation.

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 January 13, 2015, Planning Board Meeting, the Board recommended approval of this Ordinance.
 
  II.  Action Items
 
1. 7563   Recommendation Concerning an At-Large Appointment to the Planning Board

That the Board approve appointing one of the following nominees to the Escambia County Planning Board to an at-large position, effective February 5, 2015, through April 5, 2016, to fill the unexpired term of Karen Sindel:

A. Reid W. Rushing;
B. Robert Vann Goodloe; or
C. Bob Cordes.
 
2. 7588   Recommendation Concerning Final Plat Daniel's Grove Permit #130800015

That the Board take the following actions concerning recording of the Final Plat of Daniel's Grove (a 105-lot single residential subdivision) with public streets and private Parcel "A" located in the Beulah community lying north of Frank Reeder Road and east of County Road 99 (Beulah Road). The parcel is owned and developed by B&C Development LLC. Prior to recording, the County Engineer, County Surveyor, Development Services Interim Director and 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;

B. Approve the street names "Boxelder Boulevard, Alder Avenue, and Basswood Boulevard";

C. Accept all public easements, drainage improvements within public easements/public parcels, as depicted upon the final plat for permanent County maintenance. The cost of pond maintenance is to be funded through the establishment of a stormwater management MSBU (Municipal Services Benefit Unit); and

D. Authorize the Chairman or Vice-Chairman to execute a Two-Year Warranty Agreement and Avigation Easement.
 
3. 7622   Recommendation Concerning the Appointment to the Escambia County Planning Board

That the Board confirm the appointment of James J. "Jim" Faxlanger, replacing Dorothy Davis, as Commissioner Wilson Robertson's appointment to the Escambia County Planning Board, effective February 5, 2015. This appointment will run concurrent with Commissioner Robertson's term of office, or at his discretion.
 
  III. Consent Agenda
 
1. 7568   Recommendation Concerning the Scheduling of Public Hearings

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

A. February 19, 2015

1. 5:45 p.m. - A Public Hearing - Subdivision Regulations, Procedures, and Submissions Ordinance - Articles 4 and 6 (First of Two Public Hearings)

2. 5:46 p.m. - A Public Hearing - Pits Ordinance - Articles 6, 7, and 12 (Second of Two Public Hearings)

B. March 5, 2015

1. 5:45 p.m. - A Public Hearing to amend the official zoning map to include the following Rezoning Case heard by the Planning Board on February 3, 2015:

Case No.: Z-2015-03
Address: 17080 Perdido Key
Property Reference No.: 01-45-33-1500-000-010
Property Size: 3.91 (+/-) acres
From: R-2PK, Residential District, (Perdido Key), Medium Density (4.5 du/acre)
To: CCPK, (Perdido Key) Commercial Core District, Maximum Density (13 du/acre)
FLU Category: MU-PK, Mixed-Use Perdido Key
Commissioner District: 2
Requested by: Wiley C. "Buddy" Page, Agent for Charles S. Liberis, Owner

2. 5:46 p.m. - A Public Hearing - Subdivision Regulations, Procedures, and Submissions Article 4 and 6 (Second of Two Public Hearings)
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 7596   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. The item has been found to be of no further usefulness to the County; thus, it is requested that it be properly disposed of.
 
2. 7523   Recommendation Concerning a Reappointment to the West Florida Public Library Board of Governance - Darlene Howell, Library Administrator

That the Board reappoint Dr. Rodney Guttmann to the West Florida Public Library Board of Governance, for a two-year term, effective March 1, 2015, through February 28, 2017.
 
3. 7546   Recommendation Concerning the Donation of Computers to Wedgewood Community Center Group, Inc. - Marilyn D. Wesley, Community Affairs Department Director

That the Board adopt the Resolution authorizing the donation of computers to Wedgewood Community Center Group, Inc., (Group) a not-for-profit Florida Corporation, for use at the Marie K. Young Wedgewood Community Center, to include computer classes to seniors, computer access to students, and computer access to the unemployed for job search purposes. The donated computers will be received by the Group "as is" with no expectation of technical or maintenance support from Escambia County.
 
4. 7599   Recommendation Concerning the Community Center License and Management Agreement with Englewood Neighborhood Improvement Corporation - Marilyn D. Wesley, Community Affairs Department Director

That the Board take the following action regarding the Community Center License and Management Agreement with Englewood Neighborhood Improvement Corporation:

A. Approve the naming of a building located on the current site of the Englewood Community Center property at 2751 North "H" Street as the "Englewood Neighborhood Center";

B. Approve the address assignment for this specific building as "2749 North 'H' Street"; and

C. Approve and authorize the Chairman to sign the Community Center License and Management Agreement between the Board of County Commissioners and Englewood Neighborhood Improvement Corporation and all documents related to the Agreement, pending Legal approval of the Agreement and any related documents requiring the Chairman's signature, without further action of the Board.
 
5. 7559   Recommendation Concerning Extension Council Appointments - Keith T. Wilkins, Community & Environment Department Director

That the Board take the following action concerning appointments to the Escambia County Extension Council:

A. Appoint the following two individuals to a two-year term, effective retroactively December 1, 2014, through November 30, 2016;

ZONE NAME AND ADDRESS
6 Darrell R. Black, 468 McKenzie Road, Cantonment, FL 32533
12 Janice R. Kilgore, 8026 Eight Mile Creek Road, Pensacola, FL 32526

B. Request the County Administrator's Office to provide letters of appointments to the incoming members; and

C. Request the County Administrator's Office to provide letters of appreciation to the following two individuals, who have completed their two-year term of appointment.

ZONE NAME AND ADDRESS
6 Larry Daniel, 1504 Hunters Creek Drive, Cantonment, FL 32533
12 Barbara Holloway, 7060 Rampart Way, Pensacola, FL 32505
 
6. 7601   Recommendation Concerning the Request for Disposition of Property for the Solid Waste Management Department - Patrick T. Johnson, Solid Waste Management Department Director

That the Board approve the Request for Disposition of Property Form for the Solid Waste Management Department for property, which is described and listed on the Disposition Form, with reason 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.
 
7. 7574   Recommendation Concerning the Agreement to Provide Transportation Coordination Services for the Transportation Disadvantaged - Joy D. Blackmon, P.E., Public Works Department Director

That the Board, as Community Transportation Coordinator (CTC) and on behalf of Escambia County Community Transportation (ECCT), take the following action:

A. Rescind its action of December 11, 2014, approving the Agreement to Provide Transportation Coordination Services for the Transportation Disadvantaged with Caring Hearts Pediatric Extended Care, Inc., d/b/a Caring Hearts Home Health Agency, due to a scrivener's error;

B. Approve the Agreement to Provide Transportation Coordination Services for the Transportation Disadvantaged with Caring Hearts Pediatric Extended Care, Inc.; and

C. Authorize the County Administrator to execute the Agreement.
 
8. 7455   Recommendation Concerning the Conveyance of Easement to and License Agreement with the Florida Department of Transportation for the State Road 10 (US 90A/Nine Mile Road) Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of a Perpetual Easement to the State of Florida Department of Transportation (FDOT) and License Agreement between Escambia County and FDOT, for their planned improvement project for the portion of State Road (SR) 10 (US 90A/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (US 29):

A. Adopt the Resolution authorizing the conveyance of a Perpetual Easement to FDOT for their planned improvement project for the portion of SR 10 (US 90A/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (US 29);

B. Approve the License Agreement between Escambia County and the State of Florida Department of Transportation for their planned improvement project for the portion of SR 10 (US 90A/Nine Mile Road), from SR 297 (Pine Forest Road) to SR 95 (US 29); and

C. Authorize the Chairman to execute the Easement, Resolution, License Agreement and all other documents related to the conveyance, subject to Legal review and sign-off, without further action of the Board.
 
9. 7470   Recommendation Concerning the Conveyance of Two Tree Trim, Cut and Removal Easements on Bellview Avenue to Gulf Power Company - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the conveyance of two Tree Trim, Cut and Removal Easements to Gulf Power Company for Gulf Power's project to construct a transmission line along Bellview Avenue:

A. Approve granting two fifteen-foot wide Tree Trim, Cut and Removal Easements to Gulf Power Company for Gulf Power's project to construct a transmission line along Bellview Avenue; and

B. Authorize the Chairman to sign the Easement documents and any other documents, subject to Legal review and sign-off, associated with the granting of two Tree Trim, Cut and Removal Easements to Gulf Power Company.
 
10. 7624   Recommendation Concerning an Appointment to the Storm-Water Advisory Team - Jack R. Brown, County Administrator

That the Board confirm the appointment of Nathan White to the Storm-Water Advisory Team to serve as the appointee of Commissioner Wilson B. Robertson, to replace Mike Whitehead who resigned. The term is effective February 5, 2015, until recommendations are completed as determined by the Board of County Commissioners.

[NATHAN WHITE'S RESUME WILL BE DISTRIBUTED UNDER SEPARATE COVER]
 
  II.  Budget/Finance Consent Agenda
 
1. 7582   Recommendation Concerning an Agreement for Escambia County Adult Drug Court Treatment Program between Escambia County, Florida, and Lakeview Center, Inc. - Cathy A. White, Drug Court Manager

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

A. Approve the Agreement for Escambia County Adult Drug Court Treatment Program between Escambia County, Florida and Lakeview Center, Inc.;

B. Approve funding for the program in the amount of $36,650, effective October 1, 2014, through September 30, 2015. The source of funding is Fiscal Year 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – State Solicitation. Other funding sources may be used once the $36,650 has been expended. A new Purchase Order will be submitted once additional treatments slots have been agreed upon by Lakeview Center, Inc., and Court Administration, not to exceed $20,000. The Agreement may be extended up to a maximum of 90 days upon mutual consent of the parties; and

C. Authorize the Chairman, as the County’s representative, to sign Amendments and requests for payment or other related documents as may be required.

[Funding: Fund 110, Other Grants and Projects Fund, Cost Center 410572, Object Code 53401]
 
2. 7435   Recommendation Concerning the Annual Payment for the Microsoft Enterprise Agreement - David Musselwhite, Information Technology Department Director

That the Board authorize the second yearly payment of $168,370.85, based on the three-year Microsoft Enterprise Agreement, 01E73214, approved by the Board on December 5, 2013, with the authorized reseller SHI International Corporation for the County's Microsoft products, including Exchange, Sharepoint, SQL Server, and Desktop Operating System.

[Funding: The funds are available in the current Budget, General Fund 001, Cost Center 270111, Object Code 54601]
 
3. 7549   Recommendation Concerning the State of Florida, Division of Emergency Management, Federal Fiscal Year 2014 Homeland Security Federally-Funded Subgrant Agreement (Citizen Corps) - Michael D. Weaver, Public Safety Director

That the Board take the following action concerning the State of Florida, Division of Emergency Management (FDEM), Federal Fiscal Year 2014 Homeland Security Federally-Funded Subgrant Agreement (Citizen Corps), Contract Number 15-CC-N2-01-27-01-XXX, allocating to Escambia County a Grant totaling $5,477, for the period from the date of execution through September 30, 2015:

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

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

C. Authorize the County Administrator to execute any related Subgrant Agreement documents to implement the Subgrant.

The County Attorney's Office has requested that the Board be made aware of the following language within the Agreement: Section (19) Mandated Conditions, sub-section (b), that "This Agreement shall be construed under the laws of the State of Florida, and venue for any action arising out of this Agreement shall be in the Circuit Court of Leon County."
 
4. 7603   Recommendation Concerning the RESTORE Planning Grant - Keith T. Wilkins, Community & Environment Department Director

That the Board authorize the Chair or his designee to sign the certifications and application for submittal of a RESTORE Planning Grant.

[CERTIFICATIONS AND APPLICATION TO BE DISTRIBUTED UNDER SEPARATE COVER]
 
5. 7515   Recommendation Concerning the Addison Drive Drainage and Slope Repair- Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the Addison Drive Drainage and Slope Repair:

A. Grant permission to staff to enter private property at 9337 Scenic Highway to reclaim soil and to stabilize and restore to pre-failure conditions the damages resulting from the landslide/slope failure; and

B. Allocate $75,000 for materials to construct a two-tiered, GRS stabilized slope on County property, and to replace the damaged County infrastructure (fence and drainage) system. Repairs will be made by the Public Works Department, Roads Division personnel with in-house labor. Access for these repairs will be from Addison Drive, within Ellyson Industrial Park, utilizing County right-of-way.

[Funding: Fund 112, Disaster Recovery Fund, Cost Center 330493, Object Code 54612, Project #ESDPW01, Addison]
 
6. 7525   Recommendation Concerning Supplemental Budget Amendment #052 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #052, Other Grants and Projects Fund (110), in the amount of $20,000, to recognize proceeds from the Florida Department of Agriculture and Consumer Services, Florida Forest Service, and to appropriate the funds to develop a tree inventory database and assist with funding for tree education materials, workshops, and the County Arbor Day Celebration.
 
7. 7531   Recommendation Concerning Supplemental Budget Amendment #054 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #054, Local Option Sales Tax III Fund (352), in the amount of $100,000, to recognize Grant proceeds from the Florida Fish and Wildlife Conservation Commission (FWC), and to appropriate these funds for the deployment of the Tugboat "Ocean Wind" to be used as a public fishing and diving reef.
 
8. 7541   Recommendation Concerning Supplemental Budget Amendment #055 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #055, Library Fund (113), in the amount of $79,698, to recognize additional Grant funds, and to increase the Cost Center balance in the State Aid to Libraries Grant, since the actual Grant amount was more than budgeted.
 
9. 7590   Recommendation Concerning Supplemental Budget Amendment #058 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #058, Perdido Key Beach Mouse Fund (117), in the amount of $1,900,000, to recognize proceeds from WCI Communities, LLC, and to appropriate these funds for future property purchases on Perdido Key.
 
10. 7591   Recommendation Concerning Supplemental Budget Amendment #059 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #059, Other Grants and Projects Fund (110), in the amount of $5,487, to recognize proceeds from a State of Florida, Division of Emergency Management (FDEM) Federal Fiscal Year 2014 Homeland Security Subgrant Agreement, and to appropriate these funds for the Community Emergency Response Team Program.
 
11. 7042   Recommendation Concerning Assembly Kits for Escambia County Area Transit Bus Shelters - Stephan Hall, Management and Budget Services Interim Department Director

That the Board award Contract PD 14-15.011, Assembly Kits for Escambia County Area Transit Bus Shelters, to Brasco International, Inc., for a quantity of 30, 9 feet by 5 feet or similar size shelters, with bench, waste receptacle, and solar LED packages, for a total of $212,850.

[Funding: Fund 320, FTA Capital Project Fund, Cost Center 320423, Object Code 56301]
 
12. 7370   Recommendation Concerning the Olive Road (West Corridor) Project - Stephan Hall, Management and Budget Services Interim Department Director

That the Board award Contract PD 14-15.016, Olive Road (West Corridor), to Roads, Inc., of NWF, in the amount of $1,585,445.54.

[Funding: Fund 352, LOST III, Cost Center 210109, Object Code 56301, Project #10EN0363]
 
13. 7371   Recommendation Concerning the Olive Road East Multi-Lane Reconstruction and Drainage Project - Phase I - Stephan Hall, Management and Budget Services Interim Department Director

That the Board take the following action concerning the Olive Road East Multi-Lane Reconstruction and Drainage Project - Phase I, PD 14-15.017:

A. Award Contract PD 14-15.017, Olive Road East Multi-Lane Reconstruction and Drainage Project - Phase 1, to Roads, Inc., of NWF, in the amount of $4,531,541.13; and

B. Approve and authorize the Chairman to sign the Interlocal Cost-Sharing Agreement (Water Main Replacement and Upgrade on the Olive Road Drainage and Roadway Improvement Project) for Olive Road Multi-Lane Reconstruction and Drainage Project (County Road 290) between Escambia County and the Emerald Coast Utility Authority (ECUA) for the Water Main Replacement and Upgrade.

[Funding: Fund 352, LOST III, Cost Center 210109, Object Code 56301, Project # 10EN0363]
 
14. 7623   Recommendation to Clarify the Internal Revenue Service Employment Tax Audit Motion, Approved by the Board at the January 22, 2015, Meeting - Michael D. Weaver, Public Safety Department

That the Board take the following action concerning the Internal Revenue Service (IRS) employment tax examination:

A. Clarify its intent to approve items "A" through "E" on the Recommendation submitted for the January 22, 2015, Board of County Commissioners' (BCC) Agenda (CAR III-2), per the following:

1. Approve and authorize the Chairman to sign the Closing Agreement on Final Determination Covering Specific Matters;

2. Authorize the Chairman to sign IRS Form 2504-WC, Agreement to Assessment and Collection of Additional Employment Tax and Acceptance of Overassessment in Worker Classification Cases;

3. Authorize the Chairman to sign IRS Form 2504, Agreement to Assessment and Collection of Additional Tax and Acceptance of Overassessment;

4. Approve the Policy Change that allows credit for calls based on the number of hours at the Fire Station and to abolish the procedure for hourly pay for volunteer instructors; and

5. Authorize the Office of Management and Budget to process the transfer of funds on Budget Amendment #056, in the amount of $545,000, ($100,000 from Fire Fighter Stipends and $445,000 from Reserves) to Other Salaries and Wages and FICA to cover the IRS Tax Assessment, Fire Protection Fund (143), Cost Center 330206. This Amendment increases Personal Services in the amount of $545,000, for Fire Rescue; and

B. Ratify the Chairman's signature on the following documents: the Closing Agreement on Final Determination Covering Specific Matters, IRS Form 2504-WC, and IRS Form 2504.

[Funding Source: Fund 143, Fire Protection Fund, Cost Center 330206, Fire Rescue Operations]
 
  III. For Discussion
 
1. 7627   Discussion Concerning Commissioner Robinson’s Request to Amend the Board’s Action of December 11, 2014 - Commissioner Robinson, District 4

That the Board consider Commissioner Robinson’s request to amend its action of December 11, 2014, regarding flags displayed on County buildings, adopt the Resolution relating to the display of historical flags on County buildings, and authorize the Chairman to sign the Resolution subject to Legal sign-off.
 
2. 7586   Recommendation Concerning the Request for Funding for the Northview High School FFA Blue Jacket Jamboree - Commissioner Steven Barry, District 5

That the Board consider the request for the Northview High School FFA, for $5,000 to be funded from the 4th Cent Tourist Development Tax, for the Blue Jacket Jamboree, and approve the Purchase Order for this purpose.

[Funding: The Board placed $250,000 in the 4th Cent Tourist Development Tax reserves. These funds were to be allocated by the Board for events and other tourist promotion activities]
 
3. 7630   Recommendation Concerning Maintenance of Abandoned Cemeteries - Commissioner Lumon May, District 3

That the Board that the following action concerning the maintenance of abandoned cemeteries in accordance with section 497.284, Florida Statutes:

A. Rescind the Board's action of September 25, 2014, adopting Resolution R2014-112 authorizing the maintenance of two abandoned cemeteries, in accordance with section 497.284, Florida Statutes, to provide for the expenditure of County funds and resources for maintenance of the Mt. Zion Historical Cemetery and the Magnolia Cemetery;

B. Adopt the Resolution authorizing maintenance of three abandoned cemeteries in accordance with section 497.284, Florida Statutes, to provide for the expenditure of County funds and resources for maintenance of Mt. Zion Historical Cemetery, Magnolia Cemetery, and AME Zion Cemetery;

C. Authorize the Chairman to sign the Resolution; and

D. Amend the Board's action of September 23, 2014, to provide that $15,000 of Tourist Development Tax (TDT) dollars may be used for maintenance of the AME Zion Cemetery in addition to the Mt. Zion Historical Cemetery and the Magnolia Cemetery.

[Funding: Fund 108, 4th Cent Tourist Development Tax Fund, Cost Center 360105, Object Code 58201]
 
4. 7629   Recommendation Concerning the RESTORE Project Update - Keith T. Wilkins, Community & Environment Department Director

That the Board discuss the RESTORE Project Update that was deferred from the January 15, 2015, Committee of the Whole Agenda to the February 5, 2015, Board of County Commissioners' (BCC) Meeting to provide an update to the BCC on the progress and activities of the RESTORE Advisory Committee and County staff, per the presentation provided.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 7581   Recommendation Concerning the Scheduling of a Public Hearing on February 19, 2015, at 5:32 p.m. for Consideration of Amending the Borrow Pit Ordinance

That the Board authorize scheduling a Public Hearing on February 19, 2015, at 5:32 p.m., for consideration of amending the Borrow Pit Ordinance.
 
2. 7585   Recommendation Concerning the Scheduling of a Public Hearing on February 19, 2015, at 5:33 p.m. for Consideration of Extending a Temporary Moratorium Ordinance on Construction and Demolition Debris (C&DD) and Land Clearing Debris (LCD) Permitting.

That the Board authorize the scheduling of a Public Hearing on February 19, 2015, at 5:33 p.m. for consideration of extending a temporary Moratorium Ordinance on the permitting and re-permitting of Construction and Demolition Debris (C&DD), Land Clearing Debris Facilities and other Landfill Operations.
 
3. 7597   Recommendation Concerning the Scheduling of a Public Hearing to Consider Adopting an Ordinance Repealing Sec. 34-3 and 34-4, Amending Sec. 34-7, and Creating Sec. 34-11 relating to Chapter 34, Courts, of the Escambia County Code of Ordinances

That the Board authorize the scheduling of a Public Hearing for February 19, 2015, at 5:34 p.m. for consideration of adopting an Ordinance repealing Sec. 34-3 of the Escambia County Code of Ordinances providing for the assessment of additional court cost for teen court programs, repealing Sec. 34-4 of the Escambia County Code of Ordinances providing for the assessment of additional court cost for funding of a juvenile assessment center, amending Sec. 34-7 of the Escambia County Code of Ordinances providing for the assessment of additional court costs, and creating Sec. 34-11 of the Escambia County Code of Ordinances providing for the assessment of court costs for criminal justice education degree programs.
 
4. 7545   Recommendation Concerning a Conflict Waiver Request from the Law Firm of Sirote & Permutt, PC.

That the Board take the following action:

A. Authorize a conflict waiver for Sirote & Permutt, PC in connection with a foreclosure action brought on behalf of U.S. Bank, N.A., against Carissa Day on property located at 5001 Grande Drive, Unit 1121, Pensacola, Florida 32504; and

B. Authorize the County Attorney to prepare and transmit a letter to Sirote & Permutt, PC that confirms the Board's conflict waiver.
 
5. 7607   Recommendation Concerning the Settlement of Workers' Compensation Claims Involving Anthony Jordan

That the Board approve a settlement of Anthony Jordan’s worker’s compensation cases for a total sum of $121,750 in exchange for the execution of a general release of all claims.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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