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PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – August 3, 2017 – 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 Robinson.
 
3.   Pledge of Allegiance to the Flag.
 
4.   Are there any items to be added to the agenda?

Recommendation: That the Board adopt the agenda as prepared (or duly amended).
 
5.   Commissioners’ Forum.
 
6.   Presentation - Plaque to thank Lori R. Webster for her service as the County Administrator's appointee on the Escambia Mass Transit Advisory Committee from December 10, 2015, through July 4, 2107.
 
7. 12604   Proclamations.

Recommendation: That the Board take the following action:

A. Adopt the Proclamation commending and congratulating Cooper Saunders, Senior Project Coordinator in the Engineering Division of the Public Works Department, on his selection as "Employee of the Month" for August 2017;

B. Adopt the Proclamation proclaiming the week of August 14, 2017, as "West Florida Local Emergency Planning Committee Hazardous Materials Awareness Week" throughout the County, in an effort to heighten public recognition of efforts to safeguard the community from hazardous materials and to acknowledge the unique public participation component of the program;

C. Ratify the Proclamation expressing the Boards' appreciation to Ms. Eula Sellers for 23 years of faithful and dedicated service as a County employee; and

D. Ratify the Proclamation extending a warm welcome to Imperial Potentate Gary J. Bergenske, upon the occasion of his visit to Escambia County, Florida.
 
8. 12607   Years of Service Award Recognition.

Recommendation: That the Board recognize with a pin and certificate Angela D. Crawley, Assistant to the County Administrator, for her dedication in 25 years of service to Escambia County
 
9.   Written Communication
 
12494   July 6, 2017, communication from James C. Scott, Sr., requesting that Escambia County provide relief of Code Enforcement Lien attached to property located at 3103 North "R" Street.

Recommendation: That the Board review and consider Lien relief request made by James C. Scott, Sr., against property located at 3103 North "R" Street.

On August 21, 2014, the Board amended the "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2. 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 DID fall within the criteria that would allow the County Administrator to act on the Board's behalf and deny relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.

Ms. Scott appeared before the Special Magistrate Robert Beasley. Special Magistrate Beasley denied his request stating the owner had more than adequate time to abate violations and failed to do so.

Mr. Scott then made his request to the County Administrator. Per Board Policy Mr. Scott was denied relief. A denial letter was sent to Mr. Scott on June 7, 2017.

Letter was received by the Office of Environmental Enforcement from Mr. Scott on July 12, 2017, requesting to appear before the Board to make his appeal for Lien relief.
 
10.   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.
 
11. 12504   5:31 p.m. Public Hearing for consideration of the Petition to Vacate a portion of an alleyway off West Devane Street.

Recommendation: That the Board take the following action concerning the 5:31 p.m., Public Hearing to consider the Petition to Vacate a portion of an alleyway off West Devane Street:

A. Cancel the 5:31 p.m., Public Hearing for Thursday, August 3, 2017;

B. Reschedule the Public Hearing for 5:31 p.m., on Thursday, September 7, 2017; and

C. Authorize staff to accept a reduction of public notification from the petitioner from 2,500-foot radius to 500-foot radius due to the minor impact of the vacation request.
 
12. 12505   5:32 p.m. Public Hearing for consideration of the vacation of a portion of Semmes Street.

Recommendation: That the Board take the following action concerning the vacation of a Portion of Semmes Street:

A. Approve or deny the vacation of a portion (approximately 66 feet X 690 feet) of Semmes Street, as petitioned by GPD, subject to a utility easement being retained over said right of way requesting to be vacated;

B. Accept the Hold/Harmless Agreement;

C. Adopt the Resolution to Vacate; and

D. Authorize the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute them at that time.
 
13. 12503   5:33 p.m. Public Hearing to consider adopting an Ordinance amending the Escambia County Code of Ordinances, Volume 1, Chapter 74, Article II, Section 74-36(18) of the Escambia County Code of Ordinances relating to rules and regulations applicable to persons using the beach.

Recommendation: That the Board adopt an Ordinance amending Volume 1, Chapter 74, Article II, Section 74-36(18) of the Escambia County Code of Ordinances relating to rules and regulations applicable to persons using the beach to replace all references to the Santa Rosa Island Authority (SRIA) with Escambia County and delete any references to the SRIA’s Executive Director.
 
14. 12495   5:34 p.m. Public Hearing for consideration of the vacation of a portion of unopened right-of-way off Arthur Brown Road, on the Board's own motion.

Recommendation: That the Board take the following action concerning the vacation of a portion of unopened right-of-way off Arthur Brown Road:

A. Approve or deny the vacation of a portion of unopened right-of-way (approximately 0.16 acres) off Arthur Brown Road;

B. Adopt the Resolution to Vacate; and

C. Authorize the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute them at that time.

[Funding Source: Fund 175, Transportation Trust Fund, Account 211602/54901]
 
15. 12509   5:35 p.m. Public Hearing to consider adopting an Ordinance Imposing a Temporary Moratorium on Permitting Collocation of Small Wireless Facilities on County Utility Poles in County Rights-Of-Way and Installing Wireless Support Structures in County Rights-Of-Way to Allow for Thorough Review, Consideration, Analysis, and Evaluation of HB 687 to Appropriately Amend Chapter 86 of the Escambia County Code of Ordinances for Effective Implementation of the New Legislation.

Recommendation: That the Board adopt an Ordinance imposing a temporary moratorium on permitting collocation of small wireless facilities on county utility poles in county rights-of-way and installing wireless support structures in county rights-of-way to allow for thorough review, consideration, analysis, and evaluation of HB 687 to appropriately amend chapter 86 of the Escambia County Code of Ordinances for effective implementation of the New Legislation.
 
16.   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 110
 
  I.  Consent Agenda
 
1. 12560   Recommendation Concerning Acceptance of the June 30, 2017 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended June 30, 2017, as required by Ordinance Number 95-13; on June 30, 2017, the portfolio market value was $373,252,192 and portfolio earnings totaled $202,277 for the month; the short-term portfolio yield was 0.50%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.90%; the long-term CORE portfolio achieved a yield of 1.58%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of 1.54%.
 
2. 12507   Recommendation Concerning Acceptance of TDT Collections Data for the May 2017 Returns Received in June 2017

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the May 2017 returns received in the month of June 2017, as prepared by the Finance Department of the Clerk and Comptroller's Office; this is the ninth month of collections for the Fiscal Year 2017; total collections for the month of May 2017 returns was $1,118,524.29; this is a 8.70% increase over the May 2016 returns; total collections year to date are 9.49% more than the comparable time frame in Fiscal Year 2016.
 
3. 12603   Recommendation Concerning Notices of Unclaimed Monies Held by the Office of the Clerk of the Circuit Court and Comptroller

That the Board accept, for filing with the Board's Minutes, the certified proofs of publication of the advertisements for Unclaimed Monies/Depositor-Refund and Unclaimed Monies/Cash Bond Depositor, held by the Office of the Clerk of the Circuit Court and Comptroller, as published in The Escambia Sun Press on July 20, 2017.
 
4. 12506   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 Committee of the Whole Budget Workshops for the Fiscal Year 2017/2018 County-Wide Budget held July 11, 12, 13, and 18, 2017;

B. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held July 13, 2017;

C. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held July 18, 2017; and

D. Approve the Minutes of the Regular Board Meeting held July 18, 2017.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 12527   Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on July 10, 2017

That the Board take the following action concerning the rezoning cases heard by the Planning Board on July 10, 2017:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendations for Rezoning Cases Z-2017-08, Z-2017-09, and Z-2017-10 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-2017-08
Address: 4200 BLK of Spanish Trail and 4224 Creighton Road
Property Reference No.: 09-1S-29-3001-016-001 and 09-1S-29-3001-014-001
Property Size: 0.19 (+/-) acres
From: HC/LI, Heavy Commercial and Light Industrial district (25 du/acre)
To: HDMU, High Density Mixed-use district (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 4
Requested by: Kerry Anne Schultz, Agent for Douglas E. Dormer, Agent for Owners
Planning Board Recommendation: Approval
Speakers: Scott Bridgford, for Kerry Anne Schultz
2. Case No.: Z-2017-09
Address: 703 Beverly Parkway
Property Reference: 46-1S-30-1100-018-011
Property Size: 0.10 (+/-) acres
From: MDR, Medium Density Residential district (10 du/acre)
To: HC/LI, Heavy Commercial and Light Industrial district (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: Wiley C. "Buddy" Page, Agent for Tony Perez, Owner
Planning Board Recommendation: Approval
Speakers: Buddy Page
3. Case No.: Z-2017-10
Address: 5200 Burlington Avenue
Property Reference No.: 46-1S-30-1100-016-011
Property Size: 0.18 (+/-) acres
From: MDR, Medium Density Residential district (10 du/acre)
To: HC/LI, Heavy Commercial and Light Industrial district (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: Wiley C. "Buddy" Page, Agent for Zenaida Palacious, Owner
Planning Board Recommendation: Withdrawn per applicant
Speakers: Buddy Page
 
2. 12549   5:45 p.m. - A Public Hearing for Consideration of Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning cases heard by the Planning Board on July 10, 2017, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 12539   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the Future Land Use Map - SSA-2017-01

That the Board of County Commissioners (BCC) review and adopt a Small Scale Map Amendment, SSA-2017-01, amending Part II of the Escambia County Code of Ordinances, the Escambia County Comprehensive Plan, as amended; amending Chapter 7, "The Future Land Use Element," Policy FLU 1.1.1, to provide for an amendment to the 2030 Future Land Use (FLU) Map, changing the FLU category of a parcel within Section 25, Township 1S, Range 31W, Parcel Number 25-1S-31-2304-000-001, totaling 3.25 (+/-) acres, located on Blue Angel Parkway, from Commercial (C) to Mixed-Use Urban (MU-U).
 
4. 12540   5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the Future Land Use Map - SSA-2017-02

That the Board of County Commissioners (BCC) review and adopt a Small Scale Map Amendment, SSA-2017-02, amending Part II of the Escambia County Code of Ordinances, the Escambia County Comprehensive Plan, as amended; amending Chapter 7, "The Future Land Use Element," Policy FLU 1.1.1, to provide for an amendment to the 2030 Future Land Use (FLU) Map, changing the FLU category of a parcel within Section 25, Township 1S, Range 31W, Parcel Number 25-1S-31-2304-000-005, totaling 8.59 (+/-) acres, located on Blue Angel Parkway, from Commercial (C) to Mixed-Use Urban (MU-U).
 
5. 12541   5:48 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the Future Land Use Map - SSA-2017-03

That the Board of County Commissioners (BCC) review and adopt a Small Scale Map Amendment, SSA-2017-03, amending Part II of the Escambia County Code of Ordinances, the Escambia County Comprehensive Plan, as amended; amending Chapter 7, "The Future Land Use Element," Policy FLU 1.1.1, to provide for an amendment to the 2030 Future Land Use (FLU) Map, changing the FLU category of 2.50 (+/-) acres portion of a parcel within Section 38, Township 5N, Range 33W, Parcel Number 38-5N-33-3301-000-000, located on Pine Forest Road, from Agricultural (AG) to Rural Community (RC).
 
6. 12542   Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on July 10, 2017

That the Board take the following action concerning the rezoning case heard by the Planning Board on July 10, 2017:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendation for Rezoning Case Z-2017-07 or remand the case back to the Planning Board; and

  2. Authorize the Chairman to sign the Order of the Escambia County Board of County Commissioners for the rezoning case that was reviewed.
1. Case No.: Z-2017-07
Address: 5700 Pine Forest Road
Property Reference No.: 38-5N-33-3301-000-000
Property Size: 2.50 (+/-) acres portion of the parent parcel
From: Ag, Agriculture district (one du/20 acres)
To: RR, Rural Residential district (one du/four acres)
FLU Category: RC, Rural Community
Commissioner District: 5
Requested by: Brett and Susan Ward and Burton and Katherine Ward, Owners
Planning Board Recommendation: Approval
Speakers: Brett Ward
 
7. 12543   5:49 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 July 10, 2017, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
8. 12544   5:50 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 2, Section 2-5.7, Final Plats

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Land Development Code (LDC) Chapter 2, Section 2-5.7, Final Plats, to require submission of certain digital files.
 
9. 9520   5:51 p.m. - A Public Hearing Concerning the Issuance of an Operational Permit for Resource Extraction for Expansion of an Existing and Active Borrow Pit known as Brickton Borrow Pit

That the Board take the following action in regards to the “Operational Permit” for Resource Extraction for an expansion of an existing and active resource extraction facility borrow pit, located at 8800 N. Highway 29, Parcels 22-3N-31-3301-000-000; 22-3N-31-3302-000-000; and 22-3N-31-3400-000-000:

A. Review and approve, modify, or deny the issuance of an Operational Permit for Resource Extraction for an expansion of existing and active borrow pit;

and

B. Approve and authorize the Development Services Department of Escambia County, Florida, to issue an Operational Permit for Resource Extraction for an expansion of Brickton Borrow Pit, located at 8800 N. Highway 29.
 
10. 12533   5:52 p.m. - A Public Hearing Concerning the Renewal of a Recycling Permit for an Asphalt/Concrete Crushing Recycling and Processing Facility located at 2390 Longleaf Drive, Pensacola, FL, Sunbelt Crushing, Inc.

That the Board of County Commissioners (BCC) review and approve, modify, or deny the renewal of a Recycling Permit for an existing asphalt/concrete crushing recycling and processing facility located at 2390 Longleaf Drive, Pensacola, FL, owned by Sunbelt Crushing, Inc.
 
11. 12545   5:53 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Comprehensive Plan Chapter 3, Definitions, and Chapter 8, Mobility Element

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Comprehensive Plan 2030, as amended, Chapter 3, Definitions, and Chapter 8, Mobility Element, CPA-2017-01, to include definitions and to establish a permitting process for airport obstruction notification zones.

At the May 2, 2017, Planning Board Meeting, the Board recommended approval for transmittal to DEO.

This hearing serves as the second of two required public hearings before the BCC.
 
  II.  Action Item
 
1. 12348   Recommendation Concerning Final Plat Saufley Field Townhomes Permit #150500022
That the Board take the following action concerning recording of the Final Plat of Saufley Field Townhomes, (a 48-lot single family residential subdivision), located in the Bellview Community on Saufley Field Road, lying west of U.S. Highway 90 (Mobile Highway). Owned and developed by Saufley Field Development 2016, LLC. Prior to recording, the County Surveyor, and the Clerk of the Circuit Court must sign the Final Plat, as set forth in Section 2-5.7, 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 name "Royal Port Court";

C. Accept all public easements and right-of-way, drainage improvements within public easements/public parcels, as depicted upon the final plat for permanent County maintenance subject to the transfer of the stormwater system to operation and maintenance phase through the water management district. The cost of maintenance for drainage improvements are to be funded through the establishment of a stormwater management Municipal Services Benefit Unit (MSBU); and

D. Authorize the Chairman or Vice-Chairman to execute a Two-Year Warranty Agreement without Surety.
 
2. 12518   Recommendation Concerning the Review of an Interlocal Agreement for Airport Hazard and Incompatible Land Use Zoning

That the Board of County Commissioners (BCC) review and authorize the Chairman to sign the interlocal agreement for airport hazard and incompatible land use zoning, pursuant Chapter 333, Florida Statutes, between Escambia County and the City of Pensacola.
 
  III. Consent Agenda
 
1. 12546   Recommendation Concerning the Scheduling of Public Hearings

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

September 7, 2017

5:45 p.m. - A Public Hearing to amend the Official Zoning Map to include the following cases heard by the Planning Board on August 1, 2017.

A. Case No.: Z-2017-06
Address: 1703 N Q Street
Property Reference No.: 17-2S-30-1300-110-019
From: MDR, Medium Density Residential district (10 du/acre)
To: HDR, High Density Residential district (18 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: Floyd Peacock, Agent for New Birth Baptist Church, Owner
B. Case No.: Z-2017-11
Address: 7237 Mobile Highway
Property Reference No.: 22-1S-31-2305-000-000
From: LDR, Low Density Residential district (four du/acre)
To: HDMU, High Density Mixed-use district (25 du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Tom Hammond, Agent for Henry and Tammy Johnson, Owner
C. Case No.: Z-2017-12
Address: 2410 Langley Avenue
Property Reference No.: 10-1S-29-3101-027-001
From: Com, Commercial district (25 du/acre)
To: HC/LI-NA, Heavy Commercial and Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult entertainment uses (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 4
Requested by: Michael W. Milner, Agent for Richard Mertins, Owner
D. Case No.: Z-2017-13
Address: 105 Louis Street
Property Reference No.: 16-1N-31-1000-003-012
From: LDR, Low Density Residential district (four du/acre)
To: LDMU, Low Density Mixed-use district (seven du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 5
Request by: Hattie M. McGary, Owner
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 12459   Recommendation Concerning a Temporary Construction Easement for Access to International Paper Company Property to Allow Alternative Access to Escambia County Beulah Landfill - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action regarding the temporary construction Easement for a non-exclusive easement and right-of-way to enter International Paper Company (IP) property:

A. Approve the International Paper Company temporary construction Easement for a non-exclusive easement and right-of-way, granting Escambia County permission to enter and use the surface of certain property situated in Escambia County, Florida, described in "Exhibit A" of the Agreement, for the purpose of allowing alternative access to the Escambia County Beulah Landfill with heavy equipment, including but not limited to dump trucks, excavators, bulldozers and loaders, for a term of one year; and

B. Authorize the Chairman to sign the Temporary Construction Easement.

[Funding: Fund 401, Solid Waste, Cost Center 230304, Object Code 54901]
 
2. 12496   Recommendation Concerning the Cooperative Agreement between the School Board of Escambia County, Florida, and Escambia County, Florida, Relating to Educational Services for Juvenile Inmates at the Escambia County Jail - Tamyra Jarvis, Corrections Department Director

That the Board take the following action concerning Cooperative Agreement between the School Board of Escambia County, Florida, and Escambia County, Florida, relating to educational services for juvenile inmates at the Escambia County Jail:

A. Approve the Cooperative Agreement; and

B. Authorize the Chairman to sign the Agreement.
 
3. 12519   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the New Year's Eve Fireworks Display, Sponsored by the Portofino Island Resort - Tim Tolbert, Building Official/Department Director

That the Board review and approve the "Special Event Permit Application" for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance regarding Pensacola Beach, allowing the number of sound decibels to exceed 70 dbA (sound level measured by taking four sound readings over a continuous 15 minute period and that the four readings taken at approximately equal intervals at or within the property boundary of the receiving land use). This Application coincides with a fireworks event Application, is sponsored by the Portofino Island Resort, and is launched from a floating platform near the Portofino Pier on Pensacola Beach, from 11:59 p.m., December 31, 2017, to 12:15 a.m., January 1, 2018.
 
4. 12531   Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for an Outdoor Music Concert/Event to be Held on the Gulf Side of the Flora-Bama Lounge on Perdido Key - Tim Tolbert, Building Official/Department Director

That the Board review and approve the “Special Event Permit Application” for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance, allowing the number of sound decibels to exceed 70 dbA (sound level measured by taking four sound readings over a continuous 15-minute period, with the four readings taken at approximately equal intervals at or within the property boundary of the receiving land use) for an Outdoor Music Concert/Event to be held on the Gulf Side of the Flora-Bama Lounge on Perdido Key, from 12:00 p.m., (noon) Saturday, October 7, 2017, through 9:00 p.m., Sunday, October 8, 2017.
 
5. 12515   Recommendation Concerning Letter of Agreement between Escambia County and Gulf Coast Crimestoppers Inc. - Amy Lovoy, Assistant County Administrator

That the Board approve and authorize the Chairman to sign the Letter of Agreement (LOA) between the Escambia County Board of County Commissioners and Gulf Coast Crimestoppers Inc., which will allow the organization to make application and receive funds from the State Crime Stoppers Trust Fund.
 
6. 12497   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 Request for Disposition of Property Form for the Public Works Department, listing three items. The Request Form has been signed by all applicable authorities.
 
7. 12526   Recommendation Concerning Authorization for the City Council to Appoint a Member to the Escambia County Mass Transit Advisory Committee - Joy D. Blackmon, P.E., Public Works Department Director

That the Board confirm the Pensacola City Council's appointment of Ms. Yolanda Anderson to the Escambia County Mass Transit Advisory Committee, to serve a term effective July 14, 2017, through May 1, 2021.
 
8. 12574   Recommendation Concerning a Letter of Support for Escambia Community Clinic, Inc.'s Application to Maintain Their Status as a Federally Qualified Health Center - Jack R. Brown, County Administrator

That the Board approve and authorize the Chairman to sign a letter of support for Escambia Community Clinic, Inc.'s Application for a Service Area Competition continuation Grant Application to retain their Federally Qualified Health Center (FQHC) status. If the Grant is approved, Escambia Community Clinics, Inc., would be awarded funding as a FQHC for another three-year period beginning January 1, 2018.
 
  II.  Budget/Finance Consent Agenda
 
1. 12498   Recommendation Concerning a State of Florida, Division of Emergency Management State-Funded Grant Agreement - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the State-Funded Grant Agreement, Contract Number 18-BG-XX-01-27-01-XXX:

A. Approve the State of Florida, Division of Emergency Management (FDEM), State-Funded Grant Agreement Base Grant, providing funds in the amount of $105,806, to assist in enhancing the daily and emergency operations of the Escambia County Division of Emergency Management and to assist in the local disaster planning and community outreach efforts for the period July 1, 2017, through June 30, 2018;

B. Authorize the Chairman or Vice Chairman to execute the Grant Agreement; and

C. Authorize Michael D. Weaver, Public Safety Department Director, to execute and certify each Grant quarterly report, reimbursement request, Grant close-out report, and any subsequent document, as appropriate, to implement this Grant as follows:

"By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, accurate, and the expenditures, disbursement and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."

The County Attorney's Office has requested that the Board be made aware of the following language within the Agreement:

Section (21) Mandated Conditions, Subsection "B", that "This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County."

[Funding: Fund 110, Other Grants and Project Funds, Cost Center 330412]
 
2. 12513   Recommendation Concerning a State of Florida, Division of Emergency Management Federally-Funded Subaward and Grant Agreement - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the Federally-Funded Subaward and Grant Agreement, Contract Number 18-FG-XX-01-27-01-XXX:

A. Approve the State of Florida, Division of Emergency Management (FDEM), Federally-Funded Subaward and Grant Agreement, providing funds in the amount of $106,735, to assist in enhancing the daily and emergency operations of the Escambia County Division of Emergency Management and to assist in the local disaster planning and community outreach efforts for the period from July 1, 2017, through June 30, 2018;

B. Authorize the Chairman or Vice Chairman to execute the Subaward and Grant Agreement; and

C. Authorize Michael D. Weaver, Public Safety Department Director, to execute and certify each Grant quarterly report, reimbursement request, Grant close-out report, and any subsequent documents as appropriate to implement this Grant with the following authority:

"By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and condition of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."

The County Attorney's Office has requested that the Board be made aware of the following language within the Agreement:

Section (22) Mandated Conditions, Subsection "B", that "This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County."

[Funding: Fund 110, Other Grants and Projects Fund, Cost Center 330413]
 
3. 12550  
 
4. 12538   Recommendation Concerning a Change Order to Merritt Veterinary Supplies, Inc., #170700 - Tim Tolbert, Building Official/Building Services Director

That the Board approve and authorize the County Administrator to execute the following Change Order #2, to Merritt Veterinary Supplies, Inc., Vendor ID #133193, for the continued purchase of necessary veterinary supplies and equipment:

Department Building Services
Division Animal Services
Type Addition
Amount $30,000
Vendor Merritt Veterinary Supplies, Inc., #133193
Purchase Order (PO) #: 170700
Change Order (CO) #: 2
Cost Center for CO: 250202
Original PO Amount: $49,000
Cumulative Amount of Change Orders: $81,000
New PO Total: $130,000

This Change Order is not a request for additional funds from the General Fund. This just allows Animal Services to move funding from other accounts within the Cost Center #250202 to the Merritt Veterinary Supplies PO for needed supplies.
 
5. 12520   Recommendation Concerning Supplemental Budget Amendment #166 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #166, General Fund (001), in the amount of $23,680, to recognize the Sheriff's off-duty officer, insurance and miscellaneous reimbursements/fees, and to appropriate these funds to offset operating expenses in the Sheriff's Budget associated with these programmatic costs.
 
6. 12521   Recommendation Concerning Supplemental Budget Amendment #172 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #172, Local Option Sales Tax (LOST) III Fund (352) and Series 2017 Capital Project Fund (311), in the amount of $7,828,680, to recognize anticipated Federal Emergency Management Agency Funds (FEMA) and a transfer of LOST III Funds in Fund (311), for the construction of the new Jail Facility where all associated construction costs related to this project will be captured.
 
7. 12611   Recommendation Concerning Payment of the SMG Incentive Fees for the Pensacola Bay Center - Amy Lovoy, Assistant County Administrator

That the Board approve and authorize the issuance of a Purchase Order to pay incentive fees to SMG Management Services for Fiscal Year 2016, for performance incentives in the amount of $157,286.60, as part of the SMG Management Services Agreement, approved by the Board on February 16, 2012, and amended May 21, 2015.

[Funding: Fund 409, Bay Center Management Fee, Cost Center 360401, Account 53401]
 
8. 12537   Recommendation Concerning Supplemental Budget Amendment #180 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #180, Other Grants and Projects Fund (110), in the amount of $90,470, to recognize proceeds from a State of Florida Division of Emergency Management (FDEM) Federally-Funded Subaward and Grant Agreement, and to appropriate these funds for enhancement of Escambia County's Division of Emergency Management daily and emergency operations and to assist in local disaster planning and community outreach efforts.
 
9. 12548   Recommendation Concerning an Amendment to the 2014 and 2015 HUD Annual Action Plans for the Community Development Block Grant Program - Tonya Gant, Neighborhood & Human Services Department Director

That the Board take the following action concerning an Amendment to the 2014 and 2015 United States Department of Housing and Urban Development (HUD) Annual Action Plans Regarding the Community Development Block Grant Program:

A. Approve the Amendment to the 2014 and 2015 Annual Action Plans Regarding the Escambia County Community Development Block Grant (CDBG) Program, reallocating $220,410 in funds from the CRA Facade Program and Homeless or Health Public Facility Project to the Erress Boulevard and Diego Circle Blight Reduction Project; and

B. Authorize the County Administrator to sign the Amendment.

[Funding: Fund 129/2015 CDBG, Cost Center 370224 and 2014 CDBG, Cost Center 370221]
 
10. 12558   Recommendation Concerning the Escambia Consortium 2017 Annual Action Plan - Tonya Gant, Neighborhood & Human Services Department Director

That the Board take the following action concerning the Escambia Consortium Florida 2017 Annual Action Plan:

A. Approve the Escambia Consortium Florida 2017 Annual Action Plan for Housing and Community Development, detailing the use of 2017 Community Development Block Grant (CDBG) funds in the amount of $1,478,299; 2017 HOME Investment Partnerships Program (HOME) funds in the amount of $880,028; and 2017 Emergency Solutions Grant Program (ESG) funds in the amount of $144,059; and

B. Authorize the County Administrator to execute all Escambia Consortium Florida 2017 Annual Action Plan Forms, Certifications, and related documents, as required to submit the Plans to the United States Department of Housing and Urban Development (HUD), and authorize the County Administrator or Chairman, as appropriate, to execute documents required to receive and implement the 2017 CDBG, 2017 HOME, and 2017 ESG Programs.

[Funding: Fund 129/CDBG, Cost Centers 370229, 370230, and 370231; Fund 147/HOME, Cost Center 370269; and Fund 110/ESG, Cost Center 370293]
 
11. 12388   Recommendation Concerning Award for the 2017 ADA Modifications for County Facilities and Parks, PD 16-17.035 - Paul R. Nobles, Purchasing Manager, Office of Purchasing

That the Board approve and authorize the Chairman to sign the Agreement for ADA Modifications for County Facilities and Parks between Escambia County, Florida, and Empire Builders Group, Inc., per the terms and conditions of PD 16-17.035, 2017 ADA Modifications for County Facilities and Parks, in the amount of $241,232 base bid, plus $70,096 alternate #3.

[Funds are available in: Fund 129, 2012 CDBG, Cost Center 370211, Object Code 56301, $5703; Fund 129, 2013 CDBG, Cost Center 370218, Object Code 56301, $45,000; 2014 CDBG, Cost Center 370221, Object Code 56301, $45,000; and 2016 CDBG, Cost Center 370228, Object Code 56301, $215,625]
 
12. 12486   Recommendation Concerning Re-Bid Road Department Grapple-Boom Type Loader Body - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board take the following action:

A. Rescind the Board’s action of January 19, 2017, approving and authorizing the County Administrator to issue a Purchase Order to JLM Equipment, Inc., per the terms and conditions of PD 16-17.015, Re-Bid II Road Department Grapple – Boom Type Loader Body, based on the lowest bid of $55,236; and

B. Approve and authorize the County Administrator to issue a Purchase Order to Petersen Industries, Inc,. per the terms and conditions of PD 16-17.050, Re-Bid Road Department Grapple-Boom Type Loader Body, in the amount of $53,860.76.

[Funding: Fund 175, Transportation Trust Fund, Cost Center, 210402, Road Maintenance, Object Code 56401, Machinery and Equipment]
 
13. 12508   Recommendation Concerning the Acceptance of a Drainage Easement for 4551 Bridgedale Road - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of a drainage easement (approximately 0.07 acres) from Alfred L. Bush and Marsha G. Bush for property located at 4551 Bridgedale Road:

A. Accept the donation of a drainage easement (approximately 0.07 acres) located at 4551 Bridgedale Road, from Alfred L. Bush and Marsha G. Bush for drainage improvements;

B. Authorize the payment of documentary stamps considering the property is being donated for governmental use 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 the Drainage Easement document; and

D. Authorize the Chairman or Vice Chairman to accept the Drainage Easement as of the day of delivery to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

[Funding: Fund 352, LOST III, Account Code 210107/56301, Project #16EN3542 - "Mayfair/Algiers"]
 
14. 12510   Recommendation Concerning the Interlocal Agreement between Escambia County and the Santa Rosa Island Authority Relating to the Purchase, Operation, and Maintenance of a Palm Tree Trimming Lift on Pensacola Beach - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida, County of Escambia, Interlocal Agreement between the County of Escambia and the Santa Rosa Island Authority, Relating to the Purchase, Operation, and Maintenance of a Palm Tree Trimming Lift on Pensacola Beach:

A. Approve the Interlocal Agreement; and

B. Authorize the Chairman to sign the Interlocal Agreement.

[Funding: Capital cost will be paid out of the Portofino Island Improvement Fund (PIIF), and the operating and maintenance cost of the equipment will come from the General Fund]
 
15. 12534   Recommendation Concerning Supplemental Budget Amendment #178 - Stephan Hall, Budget Manager, Management and Budget Services Department

That the Board adopt the Resolution approving Supplemental Budget Amendment #178, Local Option Sales Tax Fund III (352), in the amount of $65,000, to recognize proceeds from the Santa Rosa Island Authority (SRIA), and to appropriate these funds for the purchase of a Palm Tree Trimming Lift on Pensacola Beach.
 
16. 12516   Recommendation Concerning the Innerarity Island Development Corporation Water System - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action:

A. Approve and authorize the Chairman to sign the First Amendment to the Interlocal Agreement Between Escambia County, Florida, and Emerald Coast Utilities Authority (ECUA) Relating to a Potable Water System Improvement Project on Innerarity Island; and

B. Approve and authorize the County Administrator to execute the following Change Order to Emerald Coast Utilities Authority:
Department: Public Works
Division: Transportation and Traffic
Type: Addition
Amount: $91,994.41
Vendor: Emerald Coast Utilities Authority
Project Name: Innerarity Island Development Corporation (IIDC) Water System
Contract: N/A
PO#: 171024
CO#: 1
Original Contract Award: $580,000.00
Cumulative Amount of Change Orders Through this CO: $91,994.41
New Contract Amount: $671,994.41

[Funding Source: Fund 352, LOST III - IIDC Water and Sewer Project, Cost Center 110211, Object Code 56301, Project #16PF3502]
 
17. 12501   Recommendation Concerning Award for Lubrication Products, Anti-Freeze, and Brake Fluid Specification Contract, PD 16-17.056 - Paul R. Nobles, Purchasing Manager, Office of Purchasing

That the Board approve and authorize the Chairman to sign the Agreement Relating to Solicitation # PD 16-17.056, Lubrication Products, Anti-Freeze, and Brake Fluids Specification Contract, between Escambia County, Florida, and R. K. Allen Oil Company, Inc., per the terms and conditions of PD 16-17.056, in the estimated annual amount of $48,000, for Fleet Maintenance - Public Works Department, for a term of 12 months, with an option to renew two 12-month periods.

[Funding: Fund 175, Transportation Fund, Cost Center 210405, Object Code 56401, for $48,000 annually, for Lubrication Products, for Fleet Maintenance Supervisor - Public Works Department]
 
18. 12514   Recommendation Concerning the Acceptance of Declaration of Restrictive Covenants for County-Owned Property for Well Line Road Extension Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the Declaration of Restrictive Covenants for County-Owned Property, located off Saufley Field Road, as mitigation for the Well Line Road Extension Project:

A. Approve and authorize the Chairman or Vice Chairman to execute the Declaration of Restrictive Covenants as of the day of delivery to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time; and

B. Authorize the payment of incidental expenditures associated with the recording of documents.

[Funding: Fund 352, LOST III, Cost Center 210107, Project #11EN1405]
 
  III. For Discussion
 
1. 12556   Recommendation Concerning Contract Award for New Escambia County Correctional Facility Site Hazardous Material Abatement and Demolition - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board take the following action concerning New Escambia County Correctional Facility Site Hazardous Material Abatement and Demolition and either:

A. Approve, award, and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Jobe's Dirt Works, LLC, per the terms and conditions of PD 16-17.048, New Escambia County Correctional Facility Site Hazardous Material Abatement and Demolition for the Base Bid of $119,740;

OR

B. Approve, award, and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Jobe's Dirt Works, LLC, per the terms and conditions of PD 16-17.048, New Escambia County Correctional Facility Site Hazardous Material Abatement and Demolition for Base Bid of $119,740 and Additive Alternate 1 $273,735, for a total amount of $393,475;

OR

C. Approve, award, and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Cross Environmental Services, Inc., per the terms and conditions of PD 16-17.048, New Escambia County Correctional Facility Site Hazardous Material Abatement and Demolition for the Base Bid of $226,845 and Additive Alternate 2 $48,500 for a total amount of $275,345;

Should Item "A, B or C" be approved, Standard Form of Agreement, Form B: Construction will be prepared and reviewed by the County Attorney's Office;

OR

D. Reject all bids associated with PD 16-17.048. Should Item "D" be approved, the Alternates will be incorporated into the negotiations and subsequent Design/Build Agreement to be prepared by the County Attorney's Office.

[Funding: Fund 311, Series 2017 Project Fund, Cost Center: 290408]
 
2. 12557   Recommendation Concerning Owner Controlled Insurance Program - Robert Dye, Manager, Risk Management Office

That the Board take the following action concerning the Owner Controlled Insurance Program (OICP):

A. Exercise the option in PD 16-17.004, Design Build Services for the New Escambia County Correctional Facility, to proceed with establishing an Owner Controlled Insurance Program for the new corrections facility project;

OR

B. Reject the option to put into effect an Owner Controlled Insurance Program for the new correction facility project.
 
3. 12512   Recommendation Concerning an Interlocal Agreement between Escambia County, Florida, and the Emerald Coast Utilities Authority Relating to the Shared Use of a Commercial Driving Training Facility and Testing of Personnel - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Interlocal Agreement between Escambia County, Florida, and the Emerald Coast Utilities Authority (ECUA) Relating to the Shared Use of a Commercial Driving Training Facility and Testing of Personnel:

A. Approve the Interlocal Agreement between Escambia County, Florida, and the Emerald Coast Utilities Authority, which contains the beginning date of July 17, 2017;

OR

B. Approve the Interlocal Agreement between Escambia County, Florida, and the Emerald Coast Utilities Authority, which contains a blank beginning date; and

C. Authorize the Chairman to sign the approved Interlocal Agreement.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 12570   Recommendation Concerning Vacating Suspension of Roberson Underground Utility, LLC from Bidding and Responsible Vendor List.

That the Board approve and authorize the County Administrator to vacate the suspension of Roberson Underground Utility, LLC from bidding and from being awarded contracts under Chapter 46, Escambia County Code of County Ordinances.
 
2. 12578  
Recommendation Concerning Scheduling an Attorney/Client Session on August 8, 2017 at 8:30 a.m. to Discuss Pending Litigation in Dellaina Merritt v. Escambia County, Case No.: 3:15-cv-00286-MCR/EMT

That the Board take the following action:

A. Schedule a private meeting with its attorneys to discuss pending litigation in accordance with Section 286.01(8), Florida Statutes, for Tuesday, August 8, 2017 at 8:30 a.m.; and

B. Ratify the public notice printed below that was published in the Pensacola News Journal on Saturday, July 29, 2017.
PUBLIC NOTICE

IT IS THE INTENTION of the Board of County Commissioners of Escambia County, Florida, to hold a private meeting with its attorneys to discuss pending litigation in the case of Dellaina Merritt v. Escambia County, Case No.:3:15-cv-00286-MCR/EMT, U.S. District Court, Northern District of Florida, in accordance with Section 286.01(8), Florida Statutes. Such attorney/client session will be held at 8:30 a.m., on Tuesday, August 8, 2017, in the Ernie Lee Magaha Government Building, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Douglas B. Underhill, Jeff Bergosh, Lumon J. May, Grover C. Robinson, IV, and Steven L. Barry, County Administrator Jack Brown, County Attorney Alison P. Rogers, Charles V. Peppler, Deputy County Attorney, attorneys representing Escambia County in the foregoing litigation will be attending. A certified court reporter will attend and report the attorney/client session.
 
17.   Items added to the agenda.
 
18.   Announcements.
 
19.   Adjournment.
 

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