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AGENDA
Board of County Commissioners
Regular Meeting – May 21, 2015 – 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 May
 
3.   Pledge of Allegiance to the Flag.
 
4.   Are there any items to be added to the agenda?

Recommendation: That the Board adopt the agenda as prepared (or duly amended).
 
5.   Commissioners’ Forum.
 
6.   Presentations:

A.  Proclamation, adopted by the Board on May 7, 2015,  commending and congratulating Brett Whitlock, Corrections Department, on his retirement after 22 years of dedicated service;

B.  Presentation to each Commissioner in recognition of BCC support for the IMAX movie "The Living Age of Airplanes," by General Theissan of the National Naval Aviation Museum; and

C.  The Lifeline EMS Silver Recognition Award to Escambia County Emergency Medical Services, by the American Heart Association.
 
7. 8240   Proclamations.

Recommendation: That the Board adopt the following Proclamations:

A. The Proclamation commending and congratulating Mr. Walter “Joey” Kerman as the Escambia County Emergency Medical Services “Paramedic of the Year” for 2015;

B. The Proclamation commending and congratulating Ms. Jessica “Jessie” Tanksley as the Escambia County Emergency Medical Services "EMT of the Year” for 2015;

C. The Proclamation proclaiming the week of May 18 - 22, 2015, "Emergency Medical Services Week" in Escambia County, reminding the community of the vital importance of the services provided by Escambia County Emergency Medical Services, and encouraging all citizens to honor the “Everyday Heroes” dedicated to emergency medical care; and

D. The Proclamation commending and honoring the life of Mr. Joseph Rodney “Rod” Eddins, II, and extending our heartfelt condolences and well wishes to his family and friends.
 
8.   Written Communication:
 
A. 8163   March 20, 2015- Communication from Sue King, Wells Fargo requesting that Escambia County provide relief of Code Enforcement Lien attached to property located at 7745 Fitch Avenue.

Recommendation: That the Board review and consider lien relief request made by Sue King, Wells Fargo, against property located at 7745 Fitch Avenue.

On August 21, 2014, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H 2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board’s behalf if set criteria are met.

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 act on the Board’s behalf and grant or deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.

Wells Fargo appealed their lien before the Special Magistrate Robert Beasley. Special Magistrate Beasley denied their request stating the bank had the property in their possession to have abated the violations in a timely manner.

Wells Fargo is now asking the Board for relief.
 
B. 8162   April 4, 2015- Communication from Sheldon Webb requesting that Escambia County provide relief of Code Enforcement Lien attached to property located at 546 South 1st Street.

Recommendation: That the Board review and consider lien relief request made by Sheldon Webb against property located at 546 South 1st Street.

On August 21, 2014, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H 2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board’s behalf if set criteria are met.

After reviewing the request for forgiveness of Liens, staff made the determination that the request DOES fall within the criteria that would allow the County Administrator to act on the Board’s behalf and grant or deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.

County Administrator, Jack Brown, mailed Sheldon Webb a denial letter April 8, 2015. The owner was denied in accordance with Section III, H2., A.2, relief is not available to the violator and/or owner named in the code enforcement lien.

Sheldon Webb has requested to appear before the Board.
 
C. 8166   April 28, 2015, communication from Phillip S. and Tammy J. Howell requesting that the Board waive penalties and fees for two delinquent Municipal Services Benefit Unit Special Assessment Liens that have been placed on the property they own located at Lot 5, Block 15, First Addition, Villa Segunda Subdivision, Pensacola Beach, Florida.
 
D. 8164   April 13, 2015- Communication from Deborah Scherer, JP Morgan Chase Bank requesting that Escambia County provide relief of Code Enforcement Lien attached to property located at 3603 Perdido Lake Road.

Recommendation: That the Board review and consider lien relief request made by Deborah Scherer, JP Morgan Chase Bank, against property located at 3603 Perdido Lake Road.

On August 21, 2014, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H 2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board’s behalf if set criteria are met.

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 act on the Board’s behalf and grant or deny relief, in accordance with the Board’s Policy, “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2.

 
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. 8184   5:31 p.m. Public Hearing for consideration of adopting a Resolution creating the Atwood Redevelopment Area.

Recommendation: That the Board adopt a Resolution of Escambia County, Florida, relating to Community Redevelopment; finding that there is a blighted area within Escambia County, Florida, and a shortage of affordable housing for low and moderate income households, specifically within the Atwood community; finding that rehabilitation conservation, redevelopment, or a combination of these in the Atwood community is necessary in the interest of the public health, safety, morals, and welfare of the residents of Escambia County; finding that there is a need to designate Atwood as a redevelopment area; and providing for an effective date.
 
11. 8207   Committee of the Whole Recommendation.

RECOMMENDATION TO BE DISTRIBUTED UNDER SEPARATE COVER
 
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. 8171   Recommendation Concerning Acceptance of TDT Collection Data for the March 2015 Returns received in April 2015

That the Board accept, for filing with the Board’s Minutes, the Tourist Development Tax (TDT) Collections Data for the March 2015 returns received in the month of April 2015, as prepared by the Finance Department of the Clerk and Comptroller’s Office; this is the seventh month of collections for the Fiscal Year 2015; total collections for the month of March 2015 returns was $734,256.72; this is a 7.82% increase over the March 2014 returns; total collections year-to-date are 12.57% more than the comparable time frame in Fiscal Year 2014.
 
2. 8220   Recommendation Concerning the April 2015 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended April 30, 2015, as required by Ordinance Number 95-13; on April 30, 2015, the portfolio market value was $270,166,919 and portfolio earnings totaled $122,481 for the month; the short-term portfolio yield was 0.20%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.13%; the enhanced cash portfolio achieved a yield of 0.53%, which should be compared to the Merrill Lynch 1 Year Treasury Index of 0.23%; the long-term CORE portfolio achieved a total return of 0.05%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of 0.03%.
 
3. 8198   Recommendation Concerning Write-off of Return Checks and Accounts Receivables

That the Board adopt the Resolution authorizing the write-off of $22,970.00 of returned checks and accounts receivables in various funds of the County that have been determined to be uncollectible bad debts.
 
4. 8237   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 Second Amendment to DEP Agreement No. T1115, Escambia County - Jones Swamp Trail Extension 3, Non-Motorized Diverse Use, executed by the Chairman on March 3, 2015, based on the Board's action of April 5, 2012, approving the State of Florida Department of Environmental Protection Recreational Trails Program Fiscal Year 2011-2012 Project Agreement (#T1115) and authorizing the Chairman to sign any subsequent Grant-related documents.
 
5. 8206   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. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held May 7, 2015;

B. Approve the Minutes of the Attorney-Client Session held May 7, 2015;

C. Approve the Minutes of the Special Board Meeting held May 7, 2015; and

D. Approve the Minutes of the Regular Board Meeting held May 7, 2015.
 
 
GROWTH MANAGEMENT REPORT
 
  I. Consent Agenda
 
1. 8211   Recommendation Concerning the Scheduling of Public Hearings

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

June 2, 2015

5:48 p.m. - A Public Hearing - Operational Permit: Existing Resource Extraction Facility – Perdido Landfill North Borrow Pit

5:49 p.m. - A Public Hearing - Operational Permit: Existing Resource Extraction Facility – Perdido Landfill East Borrow Pit

5:50 p.m. - A Public Hearing - Operational Permit: Existing Resource Extraction Facility – North End Camp Borrow Pit

5:51 p.m. - A Public Hearing - Operational Permit: Existing Resource Extraction Facility – Green's Borrow Pit
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 8087   Recommendation Concerning the Resolution for Fees Associated with Large Outdoor Event Permit Applications - Amy Lovoy, Interim Assistant County Administrator

That the Board adopt a Resolution establishing a schedule of fees associated with processing applications for permits for large outdoor entertainment events, per the Outdoor Entertainment Event Ordinance, which was adopted on January 8, 2015. The specific fees requiring approval are the Outdoor Event Permit Application Fee, Electronic Message Board Fee, and refundable Cleanup Deposits.
 
2. 8100   Recommendation Concerning the Request for Disposition of Property for the Information Technology Department - David Musselwhite, Information Technology Department Director

That the Board approve the 11 Request for Disposition of Property Forms for the Information Technology Department, for property which is described and listed on the Disposition Forms, with reason for disposition stated; thus it is requested that they be auctioned as surplus or properly disposed of.
 
3. 8201   Recommendation Concerning a Request for Disposition of Property for the Pensacola Bay Center - Stephan Hall, Management and Budget Services Interim Department Director

That the Board approve the Request for Disposition of Property Form for the Pensacola Bay Center, for property (computers, servers, printers, furniture, and other equipment) which is further described and listed on the Disposition Form, with reasons for disposition as bad condition/unusable as stated. 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.
 
4. 8167   Recommendation Concerning the Request for Disposition of Property for the Public Works Department - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the 7 Request for Disposition of Property Forms for the Public Works Department, indicating 22 items to be properly disposed of, which are described and listed on the Request Forms, with reason for disposition stated.
 
5. 8181   Recommendation Concerning Community Redevelopment Agency Meeting Minutes, April 23, 2015 - Keith T. Wilkins, Community & Environment Department Director

That the Board accept, for filing with the Board's Minutes, the April 23, 2015, Community Redevelopment Agency's (CRA) Meeting Minutes, prepared by Melanie Johnson, CRA Administrative Assistant.
 
6. 8216   Recommendation Concerning the Standard Facility Rental Contract for Rentals at the Perdido Key Community Center - Marilyn D. Wesley, Community Affairs Department Director

That the Board approve the Facility Rental Contract for individuals or entities requesting to rent the Perdido Key Community Center (Center) (Attachment 1).

This Contract will replace the Facility Space Needs & Reservation Application currently used (Attachment #2). The Facility Rental Rates are the same rates that were put into place at the time of the Center opening and will remain as is (Attachment 3). The expanded Rental Contract will ensure the renter fully understands the rules and responsibility, ensuring that the Center is returned as received, and clearly defines the insurance requirements when the rental will involve the serving of alcoholic beverages on the premises of the Center. The approval to allow alcoholic beverages on the premises was approved by Board action on March 18, 2014 (Attachment 4).
 
7. 8199   Recommendation Concerning the RESTORE Multi-Year Implementation Plan Development - Keith T. Wilkins, Community & Environment Department Director

That the Board approve the Selection Criteria and Scoring (version 1.7) as recommended by the RESTORE (Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act) Act Advisory Committee, relating to the RESTORE Multi-Year Implementation Plan development.
 
8. 8021   Recommendation Concerning the State of Florida Department of Environmental Protection and Agency Term Contactor Permission to Enter Property at 1700 West Leonard Street, Pensacola, Florida - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning a request submitted by the Florida Department of Health in Escambia County on behalf of the Florida Department of Environmental Protection, for permission to enter property at 1700 West Leonard Street, Pensacola, Florida (Escambia County Sheriff’s Department):

A. Approve the Permission to Enter Property document, submitted by, the State of Florida Department of Environmental Protection, to access the fuel island and immediate vicinity, located at the Sheriff’s Department, 1700 West Leonard Street, Pensacola, Florida; and

B. Authorize the Chairman or Vice Chairman to sign the document.
 
  II.  Budget/Finance Consent Agenda
 
1. 8185   Recommendation Concerning Residential Rehab Grant Program Funding and Lien Agreements - Keith T. Wilkins, Community & Environment Department Director

That the Board ratify the following May 21, 2015, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the seven Residential Rehab Grant Program Funding and Lien Agreements:

A. Approving the following seven Residential Rehab Grant Program Funding and Lien Agreements:

1. The Agreements between Escambia County CRA and Lynwood V. and Vicki A. Fletcher, the owners of residential property located at 632 Lakewood Road, Pensacola, Florida, in the Barrancas Redevelopment District, each in the amount of $5,600, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, for roof replacement;

2. The Agreements between Escambia County CRA and Helen Hartung, the owner of residential property located at 320 East Winthrop Avenue, Pensacola, Florida, in the Warrington Redevelopment District, each in the amount of $337, representing an in-kind match through the Warrington Tax Increment Financing (TIF), Fund 151, Cost Center 220516, Object Code 58301, for electrical rewiring;

3. The Agreements between Escambia County CRA and Justin Herrington and Angela Vendetti, the owners of residential property located at 303 Alba Plena Street, Pensacola, Florida, in the Barrancas Redevelopment District, each in the amount of $3,602, representing an in-kind match through the Barrancas Tax Increment Financing (TIF), Fund 151, Cost Center 220519, Object Code 58301, to replace roof and sanitary sewer connection;

4. The Agreements between Escambia County CRA and Michael B. and Deborah K. McLemore, the owners of residential property located at 219 Sunset Avenue, Pensacola, Florida, in the Warrington Redevelopment District, each in the amount of $4,743, representing an in-kind match through the Warrington Tax Increment Financing (TIF), Fund 151, Cost Center 220516, Object Code 58301, to install new windows and sanitary sewer connection;

5. The Agreements between Escambia County CRA and Edmund J. and Sydney D. Murphy, the owners of residential property located at 200 Southeast Gilliland Road, Pensacola, Florida, in the Warrington Redevelopment District, each in the amount of $2,875, representing an in-kind match through the Warrington Tax Increment Financing (TIF), Fund 151, Cost Center 220516, Object Code 58301, to install central heating and air conditioning system and electrical rewiring;

6. The Agreements between Escambia County CRA and Ronald and Linda Suermann, the owners of residential property located at 221 Sunset Avenue, Pensacola, Florida, in the Warrington Redevelopment District, each in the amount of $6,000, representing an in-kind match through the Warrington Tax Increment Financing (TIF), Fund 151, Cost Center 220516, Object Code 58301, to install new windows; and

7. The Agreements between Escambia County CRA and Mary L. Matthews, the owner of residential property located at 3413 West Maxwell Street, Pensacola, Florida, in the Englewood Redevelopment District, each in the amount of $3,569, representing an in-kind match through the Englewood Tax Increment Financing (TIF), Fund 151, Cost Center 220520, Object Code 58301, to replace roof; and

B. Authorizing the Chairman to sign the Funding and Lien Agreements and any related documents necessary to implement the Grant awards.
 
2. 8187   Recommendation Concerning the Cancellation of Three Residential Rehab Grant Program Liens - Keith T. Wilkins, Community & Environment Department Director

That the Board ratify the following May 21, 2015, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the cancellation of the Residential Rehab Grant Program Liens:

A. Approving the following cancellation of three Residential Rehab Grant Program Liens, as the Grant recipients have met their Grant requirements:

Property Owner Address Amount
Donald R. Robarts 1415 Dexter Avenue $732
Donald R. Robarts 1202 Dexter Avenue $882
Petronella Walker 1219 Poppy Avenue $2,250

B. Authorizing the Chairman to execute the Cancellation of Lien documents.
 
3. 8188   Recommendation Concerning Commercial Sign Grant Program Funding Agreement for 1611 North Pace Boulevard, Suite "D" - Keith T. Wilkins, Community & Environment Department Director

That the Board ratify the following May 21, 2015, action of the Board of County Commissioners of Escambia County, acting in its capacity as the Escambia County Community Redevelopment Agency (CRA), concerning the Commercial Sign Grant Program Funding Agreement for the property located at 1611 North Pace Boulevard, Suite "D":

A. Approving the Commercial Sign Grant Program Funding Agreement between Escambia County CRA and Wilson Enterprises, Inc. , owner of commercial property located at 1611 North Pace Boulevard, Suite "D", Pensacola, Florida, in the Brownsville Redevelopment District, in the amount of $1,512, representing an in-kind match through the CRA Brownsville Tax Increment Financing (TIF), Fund 151, Cost Center 220515, Object Code 58301, and/or Neighborhood Enterprise Division (NED) 2009 Community Development Block Grant (CDBG), Fund 129, Cost Center 220410, Object Code 58301, to install a new sign; and

B. Authorizing the Chairman to sign the Funding Agreement and any related documents necessary to implement this Grant award.
 
4. 8121   Recommendation Concerning the Write-Off of Accounts Receivable Recorded in the Emergency Medical Service Fund as Uncollectible Bad Debts - Michael D. Weaver, Public Safety Department Director

That the Board adopt the Resolution authorizing the write-off of $1,566,860.47 in accounts receivable that have been recorded in the Emergency Medical Service Fund of Escambia County and have been determined to be uncollectible bad debts.
 
5. 8119   Recommendation Concerning Establishing a County-Funded Senior Court Program Specialist II Position - First Judicial Circuit Foreclosure Program - Will Moore, Trial Court Administration Admin Services Manager

That the Board take the following action concerning establishing a County-funded Senior Court Program Specialist II Position for the First Judicial Circuit Foreclosure Program:

A. Authorize the creation of a Court Innovation Article V Local Option funded position, Senior Court Program Specialist II, per the provided job description; and

B. Authorize the recurring personnel expenditure from reserves for the necessary annual cost beginning July 1, 2015, at an hourly rate of $19.85 x 2080 = $41,288.00 annual base salary + benefits $15,317 = $56,605. The pro-rated salary from July 1, 2015, through the end of the current Fiscal Year, September 30, 2015, will be 15 weeks x 40 hours = 600 hours x $19.85 = $11,910 plus benefits, for an estimated total of $15,000 for Fiscal Year 2014/2015.

[Funding: Fund 115, Court Innovation Article V Local Option, Cost Center 410501, Object Code 51201]
 
6. 8126   Recommendation Concerning Supplemental Budget Amendment #135 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #135, Internal Service Fund (501), in the amount of $7,500,000, to recognize insurance proceeds received from the 2014 Flood/Disaster event, and to appropriate these funds to be used for repair and maintenance and other insurable activities for the continuity of Board of County Commissioner (BCC) operations.
 
7. 8170   Recommendation Concerning Supplemental Budget Amendment #138 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #138, Other Grants and Projects (110), in the amount of $6,184, to recognize Grant proceeds from Florida Department of Agriculture and Consumer Services (FDACS), and to appropriate these funds to treat infestations of cogongrass. The County's match is covered in terms of man hours for systematic spraying in identified areas by two staff members.
 
8. 8143   Recommendation Concerning Supplemental Budget Amendment #139 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #139, FTA Capital Projects Fund (320), for a reduction in the amount of $475,762, to make prior year Grant adjustments for two Federal Transit Administration (FTA) Capital Grants and the State of Good Repair Capital Grant for Escambia County Area Transit (ECAT). Supplemental Budget Amendment #139 places the correct balances in each Grant after performing a Grant analysis in conjunction with the Clerk's Office, ECAT, and the Office of Management and Budget.
 
9. 8173   Recommendation Concerning Supplemental Budget Amendment #140 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #140, Gulf Coast Restoration Fund (118), in the amount of $562,545, to recognize Grant proceeds from the Florida Department of Environmental Protection (DEP), and to appropriate these funds for operations and maintenance services to boat ramps renovated and constructed under Deepwater Horizon Natural Restoration Damage Early Restoration Program (NRDA ERP).
 
10. 8197   Recommendation Concerning Supplemental Budget Amendment #141 - Stephan Hall, Management and Budget Services Interim Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #141, Escambia County Restricted Fund (101), in the amount of $8,900, to recognize funds received from dive shops, divers, and other reef stakeholders, and to appropriate these funds for the purchase and deployment of the tugboat "Ocean Wind" to be used as an artificial reef.
 
11. 8106   Recommendation Concerning Food Services at the Emergency Operations Center - Stephan Hall, Management and Budget ServicesInterim Department Director

That the Board award a Contract PD14-15.045, for Food Services at the Emergency Operations Center (EOC) during emergency activation of the EOC, to TCSS Logistics, Inc., and approve the Agreement for Food Services Operations for the Emergency Operations Center, based on costs, as follows:

$8.00 per meal ( Breakfast, Lunch, and Dinner)
Snack items + 33% over cost

[Funding: Fund to be determined by the Board of Commissioners at the time of the emergency activation]
 
12. 8183   Recommendation Concerning the Lake Stone Campground Facility Management Agreement - Michael Rhodes, Parks and Recreation Department Director

That the Board approve the Agreement between Escambia County Board of County Commissioners and Dennis Keith Cole for the Management of the Lake Stone Campground Facility and authorize the County Administrator to sign the Agreement.

[Funding Source: Fund 001, General Fund, Lake Stone, Cost Center 350204 = $11,400, paid via 12 monthly installments of $950]
 
13. 8127   Recommendation Concerning the State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement:

A. Approve the State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation (FDOT), that specifies a lump sum payment from FDOT to Escambia County, in the amount of $477,280, for FDOT's 2015-2016 Fiscal Year (July 1, 2015, through June 30, 2016) to compensate the County for maintenance of traffic signals;

B. Adopt and Authorize the Chairman to sign a Resolution authorizing execution of the Agreement;

C. Establish three new positions; one Engineering Specialist and two Engineering Technicians, to be funded with monies from this Agreement, and to enable Escambia County to fulfill the requirements of the Agreement; and

D. Authorize the hiring of one Engineering Specialist and one Engineering Technician and either an additional Engineering Technician or the purchase of a vehicle for signal maintenance.
 
14. 8128   Recommendation Concerning the Acquisition of Property Located at 14000 Perdido Key Drive, from the Trust for Public Land - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the acquisition of a parcel of real property (approximately 23.46 acres), located at 14000 Perdido Key Drive, from the Trust for Public Land:

A. Authorize the purchase of a parcel of real property, located at 14000 Perdido Key Drive, from the Trust for Public Land, for the purchase price of $2,000,000;

B. Approve the Purchase and Sale Agreement (Magnolia West Property) for the acquisition of a parcel of real property (approximately 23.46 acres), located at 14000 Perdido Key Drive, from the Trust for Public Land, in accordance with the terms and conditions contained in the Agreement; and

C. Authorize the County Attorney's Office to prepare, and the Chairman or Vice Chairman to execute, any documents, subject to Legal review and sign-off, necessary to complete the acquisition of this property, without further action of the Board.

[Funding Source: Fund 117, Perdido Key Beach Mouse, Cost Center 220335, Perdido Key Beach Mouse, Object Code 56101 and Fund 352, LOST III, Cost Center 220102, NESD Capital Projects, Project 08NE0028, Environmentally Sensitive Lands]
 
15. 8140   Recommendation Concerning Acceptance of Five Easements for the Crescent Lake Dam Restoration Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of five easements located in the Crescent Lake area for dam restoration improvements:

A. Accept the donation of five easements located in the Crescent Lake area, from the following property owners, for dam restoration improvements:

Property Owner Parcel Reference Number Easement
1. Crescent Lake Preservation Association, Inc. 44-1S-30-3001-012-001 Stormwater Management Utility Easement
2. Sovran Acquisition Limited Partnership 44-1S-30-3001-000-000 Drainage & Access Easement
3. Sovran Acquisition Limited Partnership 44-1S-30-3001-000-000 Temporary Construction Easement
4. Michael E. and Judy L. Stephens 44-1S-30-3001-001-001 Drainage Easement
5. Michael E. and Judy L. Stephens 44-1S-30-3001-001-001 Temporary Construction Easement

B. Authorize the payment of documentary stamps because the properties are being donated for governmental use, which is for drainage improvements, and the County benefits from the acceptance of this property, 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 Easements, subject to Legal review and sign-off, as of the day of delivery of the Easements 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]
 
16. 8215   Recommendation Concerning Extending the Lobbying Services for Federal Assistance - Jack R. Brown, County Administrator

That the Board approve extending the Agreement for Lobbyist Services, PD 13-14.023, between Escambia County, Florida, and Alcalde & Fay, LTD., Inc., for Lobbying Services for Federal Assistance, for a term of 12 months, effective June 4, 2015, with 1 option remaining for a 12-month renewal period, for an annual amount of $78,000.

[Funding: Fund 001, General Fund, Cost Center 110201, Object Code 53101]
 
17. 8222   Recommendation Concerning the Amendment to the SMG Management Services Agreement for the Pensacola Bay Center - Amy Lovoy, Interim Assistant County Administrator

That the Board approve and authorize the Chairman to sign the Amendment to the Management Services Agreement between Escambia County, Florida, and SMG for the Pensacola Bay Center (formerly Pensacola Civic Center), with the Management Services Agreement amended as follows:

A. Changing the effective end date of the Agreement to September 30, 2022;

B. Accepting a straight-line, non-cash, amortized, 7-year loan contribution for facility and operational enhancement, in the amount of $350,000, from SMG to Escambia County; and

C. Allowing for the negotiation of an adjusted benchmark used to determine the SMG annual incentive fee in the event of an increase to net operating loss, due to the Pensacola Bay Center Ice Hockey Lease between Escambia County, Florida, and Pensacola Ice Flyers.
 
  III. For Discussion
 
1. 8193   Recommendation Concerning Funding Community Redevelopment Plans for Newly-Designated Community Redevelopment Areas - Keith T. Wilkins, Community & Environment Department Director

That the Board authorize a funding source to implement Community Redevelopment Plans for newly-designated Community Redevelopment Areas (CRA).

[Funding Source to be determined]
 
2. 8236   Recommendation Concerning the Issuance of Operational Permits for Resource Extraction for Shortleaf Borrow Pit and Brickton Borrow Pit - Horace L. Jones, Development Services Department Director

That the Board take the following action with regard to "Operational Permit: Existing Resource Extraction Facility - Borrow Pit," for the following two borrow pits:

A. Approve and authorize the Development Services Department of Escambia County, Florida, to issue an Operational Permit for Resource Extraction for Shortleaf Borrow Pit; and

B. Approve and authorize the Development Services Department of Escambia County, Florida, to issue an Operational Permit for Resource Extraction for Brickton Borrow Pit.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 8161   Recommendation Concerning the Request for Disposition of Property for the County Attorney's Office

That the Board approve the Request of Disposition of Property for the County Attorney's Office, for property to be properly disposed of, which is described and listed on the Form with the Agency and reason stated.
 
2. 8223  
Recommendation Concerning Scheduling an Attorney/Client Session on June 2, 2015 at 4:00 P.M. to Discuss Pending Litigation in the Cases of Barney and Irene Cash v. Escambia County, et al., and Clifton Underwood v. Escambia County

That the Board take the following action:

A. Schedule a private meeting with its attorneys to discuss pending litigation, in accordance with Section 286.011(8), Fla. Stat., for June 2, 2015 at 4:00 p.m.; and

B. Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, May 23, 2015.
PUBLIC NOTICE

IT IS THE INTENTION of the Board of County Commissioners of Escambia County, Florida, to hold a private meeting with its attorney to discuss pending litigation in the cases of Barney and Irene Cash v. Escambia County, et al., and Clifton Underwood v. Escambia County in accordance with Section 286.011(8), Florida Statutes. Such attorney-client session will be held at 4:00 p.m., on Tuesday, June 2, 2015, in the Ernie Lee Magaha Government Building, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Wilson B. Robertson, Douglas B. Underhill, Lumon J. May, Grover C. Robinson, IV, and Steven L. Barry, County Administrator Jack R. Brown, County Attorney Alison P. Rogers, Attorney representing Escambia County Charles V. Peppler, Deputy County Attorney, and a certified court reporter will attend the attorney-client session.
 
  II.  For Discussion
 
1. 8214   Recommendation Concerning Legal Representation of Former Commissioner Gene M. Valentino

That the Board discuss whether the County will pay former Commissioner Gene M. Valentino's attorney's fees and costs pursuant to a request provided to the County Attorney's Office by Attorney Wesley "Wes" H. Reeder, counsel to former Commissioner Gene M. Valentino.
 
  III. For Information
 
1. 8156   Recommendation Concerning David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority, Case No. 2014 AP 000027; and Jeffory S. Hunt and Ellen K. Hunt vs. Escambia County and Santa Rosa Island Authority, Case No. 2014 CA 001537.

That the Board accept the following information concerning the cases of David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority, and Jeffory S. Hunt and Ellen K. Hunt vs. Escambia County and Santa Rosa Island Authority:

On April 29, 2015, the Honorable Judge Edward P. Nickinson, III, affirmed the judgment of the trial court granting Escambia County and Santa Rosa Island Authority's Motions for Summary Judgment against the plaintiffs in David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority, Case No. 2012 CC 000148.

The master leases on the Bossos' parcels do not address which party is obligated to pay the ad valorem taxes, and the Bossos argued, unsuccessfully, that the Court should apply a principle of contract law that requires ambiguities in a lease to be construed against the landlord and require Escambia County and/or Santa Rosa Island Authority to pay any ad valorem taxes.

The attorney representing the Bossos filed a similar suit on behalf of the Hunts, Case No. 2014 CA 001537, but they voluntarily dismissed their suit after the Bossos' appeal was denied.
 
2. 8160   Information: Anita Hemphill vs. David Morgan, in his official capacity as Sheriff, Escambia County, Florida and Escambia County Board of County Commissioners, Case No.: 3:14cv210-RV/EMT

That the Board accept the following information:

On April 29, 2015, the Honorable Roger Vinson granted a motion for summary judgment filed by David Morgan, Sheriff, which was joined in by Escambia County Board of County Commissioners against Plaintiff in Anita Hemphill vs. David Morgan, Sheriff, Escambia County, Florida and Escambia County Board of County Commissioners, Case No.: 3:14cv210-RV/EMT. A final judgment was entered in favor of the Sheriff and Escambia County.
 
13.   Items added to the agenda.
 
14.   Announcements.
 
15.   Adjournment.
 

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