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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.
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PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – April 3, 2014 – 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. 5913   Proclamations.

Recommendation: That the Board adopt the following seven Proclamations:

A. The Proclamation commending and congratulating Barbara Merrill, Facilities Management Custodial Manager, on her selection as the “Employee of the Month” for April 2014;

B. The Proclamation proclaiming the week of April 6 through April 11, 2014, as "Youth Success Week" in Escambia County and calling upon all the citizens of our community to embrace this year's theme of "Respecting Authority - A Pathway to Excellence" in celebration of all the successes of the Juvenile Justice Programs in strengthening families and in turning around the lives of troubled youth;

C. The Proclamation commending Earl "Joey" Whibbs for his exemplary public service and dedication to our environment and for improving the quality of life for the citizens of Escambia County;

D. The Proclamation commending Dominic Marcanio for his exemplary public service and dedication to our environment and for improving the quality of life for the citizens of Escambia County;

E. The Proclamation commending Sarah Kell for her exemplary public service and dedication to our environment and for improving the quality of life for the citizens of Escambia County;

F. The Proclamation proclaiming April 2014 as "Fair Housing Month" in Escambia County and urging all citizens to join in the efforts to continue to support fair housing opportunities for all people; and

G. The Proclamation proclaiming May 1, 2014, as "Law Day" in Escambia County and urging all community residents, school administrators, teachers, students, business and civic leaders, legal professionals, and law students to support this national day by participating in “Law Day” activities.
 
7. 5928   Retirement Proclamations.

Recommendation: That the Board take the following action concerning the adoption/ratification of the following four Retirement Proclamations:

A. Ratify the Proclamation, dated March 14, 2014, commending and congratulating Marjorie H. Hunter, Administrative Supervisor, Solid Waste Management Department, on her retirement after 17 years of service;

B. Adopt the Proclamation commending and congratulating Richard D. Hardy, Detention Sergeant, Corrections Department, on his retirement after 31 years of service;

C. Adopt the Proclamation commending and congratulating Donald W. Kever, Detention Deputy, Corrections Department, on his retirement after 13 years of service; and

D. Adopt the Proclamation commending and congratulating John W. Privitera, Detention Sergeant, Corrections Department, on his retirement after 25 years of service.
 
8.   Written Communication.
 
5922   March 7, 2014, communication from Eleanor Gibson requesting the Board forgive a Code Enforcement Lien attached to property located at 918 Cranbrook Avenue.

Recommendation: That the Board review and consider lien relief request made by Eleanor Gibson against property located at 918 Cranbrook Avenue.

On June 18, 2009, the Board amended the “Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens” Policy, Section III, H2. Staff was instructed to review all requests for forgiveness of Environmental (Code) Enforcement Liens to determine if the requests met the criteria for forgiveness, in accordance with the Board’s policy.

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

A denial letter was mailed to Eleanor Gibson on March 10, 2014 and signed by Larry M. Newsom, Interim County Administrator.

Eleanor Gibson requested to appeal the determination before the Board under Written Communication and to ask for lien forgiveness.
 
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. 5903   5:31 p.m. Public Hearing for consideration of the vacation of portions of Rawls Avenue and Orange Avenue and Alleyway, on the Board's own motion.

Recommendation: That the Board take the following action concerning the vacation of portions of Rawls Avenue (approximately 0.16 acres) and Orange Avenue and alleyway (approximately 0.18 acres), on the Board's own motion:

A. Approve the vacation of portions of Rawls Avenue (approximately 0.16 acres) and Orange Avenue and alleyway (approximately 0.18 acres), on the Board's own motion;

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 352, “LOST III,” Account 210107/56101/56301, Project No. 08EN0313]
 
11.   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. 5909   Recommendation Concerning Acceptance of February 2014 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended February 28, 2014, as required by Ordinance Number 95-13; on February 28, 2014, the portfolio market value was $241,325,146 and portfolio earnings totaled $202,101 for the month and $1,217,700 year-to-date; the short term portfolio yield was 0.17%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.10%; the long-term CORE portfolio achieved a total return of 0.16%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of 0.14%.
 
2. 5934   Recommendation ConcerningAcceptance of January 2014 TDT Collections Data

That the Board accept, for filing with the Board's Minutes, the Tourist Development Tax (TDT) Collections Data for the January 2014 returns received in the month of February 2014, as prepared by the Finance Department of the Clerk of Court and Comptroller's Office: this is the fifth month of collections for the Fiscal Year 2013-2014; total collections for the January 2014 returns was $311,838.38; this is a 13.56% increase over the January 2013 returns; total collections year to date are 2.14% more than the comparable time frame in Fiscal Year 2012-2013.
 
3. 5911   Recommendation Concerning Minutes Prepared by the Clerk to the Board's Office

That the Board approve the Minutes of the Regular Board Meeting held March 18, 2014, as prepared by the Clerk to the Board's Office.
 
 
GROWTH MANAGEMENT REPORT
 
  I.  Public Hearings
 
1. 5793   Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on March 4, 2014

That the Board take the following action concerning the rezoning cases heard by the Planning Board on March 4, 2014:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2013-20, Z-2014-03, Z-2014-04 and Z-2014-05 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-2013-20
Address: 12511 Lillian Hwy
Property Reference No.: 02-2S-32-6000-005-002
Property Size: 3.26 (+/-) acres
From: R-4, Multiple-Family (cumulative) Medium High Density (18 du/acre)
To: R-6, Neighborhood Commercial and Residential District (cumulative) High Density (25 du/acre)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 1
Requested by: Jesse W. Rigby, Agent for Bobby Gene and Sally Reynolds, Owners
Planning Board Recommendation: Approval
Speakers: Jesse W. Rigby, Bobby Gene Reynolds, Sally Reynolds, Rebecca Munsey, Barbara Lenn, Lester Senft, Dorothy OShana, Tanya DeGruccio, James DeGruccio, Jim Fleming, Kara OShana,
2. Case No.: Z-2014-03
Address: End of Stone Blvd
Property Reference: 14-1N-31-1001-011-002
Property Size: 14.67 (+/-) acres
From: ID-CP, Commerce Park District (cumulative)
To: ID-2, General Industrial District (noncumulative)
FLU Category: MU-S, Mixed-Use Suburban
Commissioner District: 5
Requested by: Bill Newlon, Agent for Black Gold of Northwest Florida, LLC, Owner
Planning Board Recommendation: Approval
Speakers: Bill Newlon, Joe Howle, Tim Haag
3. Case No.: Z-2014-04
Address: 12501 Lillian Hwy
Property Reference: 02-2S-32-6000-002-002
Property Size: .77 (+/-) acres
From: R-4, Multiple-Family District (cumulative) Medium High Density (18 du/acre)
To: R-6, Neighborhood Commercial and Residential District (cumulative) High Density (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 1
Requested by: Ronald D. Bailey, Trustee for Ronald D. Bailey Trust
Planning Board Recommendation: Approval
Speakers: Ken Ellzey, Peggy Bailey, Barbara Lenn, Tanya DeGruccio
4. Case No.: Z-2014-05
Address: 6841 Kemp Rd
Property Reference: 24-1S-30-1600-000-001
Property Size: 9.38 (+/-) acres
From: R-5, Urban Residential/Limited Office District (cumulative) High Density (20 du/acre)
To: C-2, General Commercial and Light Manufacturing District (cumulative) (25 du/acre)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 3
Requested by: T. Heath Jenkins, Agent for Rodney Sutton, Owner
Planning Board Recommendation: Approval
Speakers: T. Heath Jenkins, Allauddin Hill Al-Ansar
 
2. 5786   5:45 p.m. A Public Hearing for Consideration for Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning cases heard by the Planning Board on March 4, 2014 and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 5816   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map

That the Board of County Commissioners (BCC) approve for transmittal to the Department of Economic Opportunity, the Large Scale Amendment (LSA) 2014-01.

At the March 4, 2014 Planning Board meeting, the Board recommended approval to the BCC.
 
4. 5817   5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the Future Land Use Map

That the Board of County Commissioners (BCC) review and adopt Small Scale Amendment SSA-2014-01; amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended; amending the 2030 Future Land Use Map designation.

At the March 4, 2014 Planning Board meeting, the Board recommended approval to the BCC.
 
  II.  Action Items
 
1. 5789   Recommendation Concerning an At-Large Reappointment/Appointment to the Planning Board

That the Board take the following action concerning a two-year, at-large reappointment/appointment to the Escambia County Planning Board, effective April 6, 2014, through April 5, 2016:

A. Waive the Board’s Policy, Section I, Part B 1. (D), Appointment Policy and Procedures, and reappoint Karen Sindel;
OR

B. Appoint Rodger Lowery.
 
2. 5925   Recommendation Concerning an At-Large Reappointment/Appointment to the Board of Adjustment

That the Board take the following action concerning a two-year, at-large reappointment/appointment to the Escambia County Board of Adjustment, effective April 6, 2014, through April 5, 2016:

A. Reappoint Bill Stromquist;

OR

B. Appoint Rodger Lowery.
 
  III. Consent Agenda
 
1. 5787   Recommendation Concerning the Scheduling of Public Hearings

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

April 29, 2014

A. 5:45 p.m. - A Public Hearing to amend the official Zoning Map to include the following Rezoning Cases heard by the Planning Board on April 1, 2014.

Case No.: Z-2014-06
Address: 6521 Rambler Terrace
Property Reference No.: 39-1S-30-1114-000-000
Property Size: 1.03 (+/-) acres
From: R-5, Urban Residential/Limited Office District, (cumulative) High Density, (20 du/acre)
To: ID-1, Light Industrial District (cumulative) (No Residential Uses Allowed)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District 1
Requested by: Wiley C."Buddy" Page, Agent for Bear Marcus Pointe, LLC., Owner
Case No.: Z-2014-07
Address: 1100 N Blue Angel Parkway
Property Reference No.: 19-2S-31-3202-001-001
Property Size: 8.20 (+/-) acres
From: R-3 One-Family and Two-Family District, (cumulative) Medium Density(10 du/acre); SDD, Special Development District, (noncumulative) Low Density (3 du/acre)
To: C2NA General Commercial and Light Manufacturing District, (cumulative)Bars, Nightclubs, and Adult Entertainment are Prohibited Uses (25 du/acre)
FLU Category: MU-S, Mixed Use Suburban
Commissioner District 1
Requested by: Wiley C. "Buddy" Page, Agent for Richard and Vickie Beck, Owners

B. 5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the 2030 Future Land Use Map - LSA-2014-02;

C. 5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance adopting the 2013-2017 Annual Update to the Five-Year Schedule of Capital Improvements; and

D. 5:48 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the Escambia County Comprehensive Plan 2030.
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 5892   Recommendation Concerning the Requests for Disposition of Property for the Corrections Department - Gordon C. Pike, Corrections Department Director

That the Board approve the three Request for Disposition of Property Forms for the Corrections Department for property which is described and listed on the Disposition Forms. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or properly disposed of.
 
2. 5867   Recommendation Concerning the Assignment/Transfer of Certificates of Public Convenience and Necessity Issued to Lifeguard Ambulance Service of Florida, LLC - Michael D. Weaver, Public Safety Department Director

That the Board approve the assignment/transfer of the Certificate of Public Convenience and Necessity for provision of Basic Life Support and the Certificate of Public Convenience and Necessity for provision of Advanced Life Support, with specified limitations, approved by the Board in its Regular Meeting held November 21, 2013, to Lifeguard Ambulance Service of Florida, LLC, to apply to its new Application outlining a change in the company's majority stockholders. This action will not require a change to the Certificates issued for the period January 1, 2014, through December 31, 2014.
 
3. 5930   Recommendation Concerning the Termination/Issuance of Certificates of Public Convenience and Necessity - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding Certificates of Public Convenience and Necessity (COPCN):

A. Terminate, effective April 3, 2014, the COPCN issued to Baptist Hospital (LifeFlight), as approved by the Board in its meeting held November 21, 2013;

B. Approve the issuance of a COPCN for the provision of Advanced Life Support services in Escambia County, Florida, effective April 3, 2014, through December 31, 2014, with noted limitations, to Rocky Mountain Holdings, LLC, d/b/a Air Methods Corporation; and

C. Authorize the Chairman to sign the COPCN for Rocky Mountain Holdings, LLC, d/b/a Air Methods Corporation.
 
4. 5893   Recommendation Concerning the Scheduling of a Public Hearing Regarding the Fiscal Year 2013/2014 Federal Transit Administration 5307 Grant Application - Joy D. Blackmon, P.E., Public Works Department Director

That the Board authorize the scheduling of a Public Hearing for April 29, 2014, at 5:32 p.m., for the purpose of receiving public comments concerning the Fiscal Year 2013/2014 Federal Transit Administration 5307 Grant Application by Escambia County Area Transit (ECAT) for Mass Transit Project Funding.
 
5. 5931   Recommendation Concerning a Reappointment to the CareerSource Escarosa (formerly Workforce Escarosa) Board of Directors - Marilyn D. Wesley, Community Affairs Department Director

That the Board confirm the reappointment of Gracie Parker, Business Representative, Plumbers & Steamfitters Local Union 366, to the CareerSource Escarosa (formerly Workforce Escarosa) Board of Directors, as a labor representative for a second three-year term, per the end date of her current appointment, with the term of appointment to be effective May 5, 2014, through May 4, 2017.
 
6. 5905   Recommendation Concerning Park License and Management Agreements for County Athletic Parks - Michael Rhodes, Parks and Recreation Department Director

That the Board take the following action concerning the Park License and Management Agreements for County athletic parks between Escambia County and volunteer athletic associations:

A. Approve each of the Agreements authorizing license and management of County-owned property for public recreation purposes with the following volunteer athletic organizations:

1. Bellview Baseball Association at Bellview Park;
2. Bellview Football Club at Bellview Park;
3. Brent Baseball Youth Sports Association at Brent Baseball Park;
4. Brent Youth Sports Association at Brent Football Park;
5. Cantonment Football Club at Cantonment Athletic Park;
6. Ensley Chiefs Football Association at John R. Jones Park;
7. Miracle League of Pensacola at John R. Jones Park;
8. Molino Recreation Association at Don Sutton Park;
9. Myrtle Grove Athletic Association at Myrtle Grove Park;
10. Northwest Escambia Bradberry Park at Harvey C. Bradberry Park;
11. Pensacola Futbol Club, Inc., at Ashton Brosnaham Park;
12. Perdido Bay Futbol Club at Southwest Escambia County Sports Complex Park;
13. Perdido Bay Youth Sports Association at Southwest Escambia County Sports Complex Park;
14. West Pensacola Youth Association at Raymond Riddle Park; and
15. Youth Association of North East Pensacola at John R. Jones Park; and

B. Authorize the Chairman to sign each Park License and Management Agreement for the same aforementioned 15 volunteer athletic organizations, effective upon Board approval.
 
7. 5924   Recommendation Concerning the Circuit One Juvenile Justice Circuit Advisory Board - Larry M. Newsom, Interim County Administrator

That the Board take the following action concerning the Circuit One Juvenile Justice Circuit Advisory Board:

A. Acknowledge for the Official Record the appointment, by the Circuit One Juvenile Justice Circuit Advisory Board, of Commissioner Lumon J. May, to serve an indefinite term as Escambia County's Representative, effective retroactively January 31, 2014, and running as long as Commissioner May holds the office of Escambia County Commissioner or at his discretion; and

B. Acknowledge for the Official Record the appointment of Marilyn D. Wesley, Community Affairs Department Director, as Commissioner May's designee, effective retroactively January 31, 2014, to run concurrently with Commissioner May's term of office or at his discretion.
 
8. 5941   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 indicating two items to be properly disposed of, which are described and listed on the Request Form, with reasons for disposition stated.
 
  II.  Budget/Finance Consent Agenda
 
1. 5880   Recommendation Concerning an Agreement for Livestock Collection and Boarding Services - Gordon C. Pike, Corrections Department Director

That the Board approve and authorize the Interim County Administrator to sign the Agreement for Livestock Collection and Boarding Services between Escambia County Board of County Commissioners and Josh Weekley.

[Funding: Fund 103, Code Enforcement Fund, Cost Center 290101, Object Code 53401]
 
2. 5923   Recommendation Concerning the Master Agreement and AT&T ILEC Intrastate Pricing Schedule for the Establishment of Metro E 911 Network through AT&T - Michael D. Weaver, Public Safety Department Director

That the Board take the following action concerning the Master Agreement and AT&T ILEC Intrastate Pricing Schedule to provide a redundant private IP Network (Metro E) through AT&T Fiber and Ethernet backhaul in direct support of the Cassidian VESTA 4.0 IP Based 911 System at an annual cost of $49,608:

A. Approve the Master Agreement and AT&T ILEC Intrastate Pricing Schedule (Case Number FL13-4381-05); and

B. Authorize the Chairman to sign the Agreement and Pricing Schedule.

[Funding Source: Fund 145, E-911 Operations Fund, Cost Center 330404, E-911 Communications]
 
3. 5912   Recommendation Concerning the Issuance of a Purchase Order for the General Paving and Drainage Pricing Agreement - Michael D. Weaver, Public Safety Department Director

That the Board authorize the issuance of a Purchase Order, per PD 10-11.065, General Paving and Drainage Pricing Agreement, to Roads, Inc., of NWF, in an amount not-to-exceed $250,000 in total.

[Funding: Fund 352, Local Option Sales Tax III, Project Code 14FS2968, Cost Center 330228, Account Code 56301]
 
4. 5885   Recommendation Concerning the Agreement with the City of Pensacola for Interruptible Natural Gas Service - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning the State of Florida County of Escambia Agreement with the City of Pensacola (d/b/a Pensacola Energy) and Escambia County for Interruptible Natural Gas Service:

A. Approve the City of Pensacola (d/b/a Pensacola Energy) Agreement for Interruptible Natural Gas Service for 2935 North "L" Street, 1200 West Leonard Street, 357 South Baylen Street, and 201 South Palafox Street, establishing service, subject to the current City Rate Schedule GAF (Almost Firm Gas Transportation Service, Ordinance No. 28-11); and

B. Authorize the Chairman or Vice Chairman to execute all documents relating to the Agreement, as required.

[Funding: Fund 001, General Fund, Cost Center 310207, Object Code 54301]
 
5. 5926   Recommendation Concerning the Issuance of Fiscal Year 2013-2014 Purchase Orders in Excess of $50,000 for the Facilities Management Department - David W. Wheeler, CFM, Facilities Management Department Director

That the Board, for the Fiscal Year 2013-2014, approve the issuance of blanket and/or individual Purchase Orders in excess of $50,000, based upon previously awarded Contracts, Contractual Agreements, or annual requirements, for the Facilities Management Department, as follows:

Vendor/Contractor Amount Contract Number
Neptun Light Inc.
Vendor Number: 141459
Lighting Supplies
Fund: 001 General
Cost Center: 310204
and
Cost Center: 310203		 $56,000 N/A

[Funding: Fund 001, General Fund, Cost Center 310204, Object Code 54601, Cost Center 310203, Object Code 54601]
 
6. 5883   Recommendation Concerning an Interlocal Agreement for the Management and Operation of County Parking Facilities - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning the Interlocal Agreement between Escambia County Board of County Commissioners and the Pensacola Downtown Improvement Board for the management and operation of County parking facilities:

A. Approve the Interlocal Agreement; and

B. Authorize the Chairman to sign the Interlocal Agreement and any subsequent Agreement-related documents, including time extensions.

[Funding: Fund 001, General Fund, Cost Center 310203, Maintenance; Fund 001, General Fund, Cost Center 310207, Utilities]
 
7. 5861   Recommendation Concerning Supplemental Budget Amendment #119 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #119, Other Grants and Projects Fund (110) in the amount of $91,000, to recognize proceeds from the State of Florida Fish and Wildlife Conservation Commission, and to appropriate these funds to be used for monitoring PCB levels near the Ex-Oriskany Artificial Reef site in the Gulf of Mexico.
 
8. 5904   Recommendation Concerning Supplemental Budget Amendment #127 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #127, Local Option Sales Tax (LOST) III Fund (352) and Transportation Trust Fund (175) in the amount of $94,547, to recognize Project reimbursements from the Emerald Coast Utilities Authority (ECUA) for Beach Haven, Myrtle Grove Jackson, Ensley Drainage, and a Lafitte Cove maintenance reimbursement from the Santa Rosa Island Authority (SRIA) and to appropriate these funds back to these Projects for future expenditures.
 
9. 5932   Recommendation Concerning Supplemental Budget Amendment #134 - Amy Lovoy, Management and Budget Services Department Director

That the Board adopt the Resolution approving Supplemental Budget Amendment #134, General Fund (001) in the amount of $203,885, to recognize insurance proceeds for flood damage at the Escambia County Jail from the flood event during the month of June 2012, and to appropriate these funds to be used for repairs and equipment replacement at the Escambia County Jail.
 
10. 5900   Recommendation Concerning Tax Deed Application for Property Over $5,000 - Amy Lovoy, Management and Budget Services Department Director

That the Board approve property located at 4523 46th Avenue Place, Account Number 07-0573-727, Reference Number 34-2S-30-0300-027-031 for Tax Deed Application on parcels over $5,000. The process fees total $746. The County must deposit the fees with the Tax Collector, in the amount of $275, and with the Clerk of the Circuit Court, in the amount of $471.

[Funding: Fund 001, General Fund, Cost Center 110201]
 
11. 5848   Recommendation Concerning the Surplus and Sale of Real Properties Located on Red Cloud Road - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the surplus and sale of six small real wasteland properties located on Red Cloud Road, none of which have a number address:

A. Declare surplus the following Board’s real properties:

1. Account Number 10-2057-675, Reference Number 21-3S-31-3000-001-015, value in the amount of $62;
2. Account Number 10-2057-678, Reference Number 21-3S-31-3000-002-015, value in the amount of $66;
3. Account Number 10-2057-681, Reference Number 21-3S-31-3000-003-015, value in the amount of $71;
4. Account Number 10-2057-684, Reference Number 21-3S-31-3000-004-015, value in the amount of $71;
5. Account Number 10-2057-687, Reference Number 21-3S-31-3000-005-015, value in the amount of $71; and
6. Account Number 10-2057-690, Reference Number 21-3S-31-3000-006-015, value in the amount of $71;

B. Authorize the sale of the properties, in the amount of $412, to the only adjacent property owner, Bobby L. Stephens, in accordance with Section 46-131, Escambia County Code of Ordinances, which states the total value of the real properties is less than $15,000, as determined by the records of the Escambia County Property Appraiser, and the size, shape, location, and value of the property would make it of use only to adjacent property owners; and

C. Authorize the Chairman to sign all documents related to the sale.
 
12. 5884   Recommendation Concerning Conveyance of Real Properties Located at 3414 West Jackson Street, 2505 West Lakeview Avenue, and 2615 North 6th Avenue to Pensacola Habitat for Humanity, Inc. - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the conveyance of real properties to Pensacola Habitat for Humanity, Inc., a not-for-profit corporation using Escambia County’s Surplus Property Disposition for Affordable Housing Development Program:

A. Declare surplus the Board’s real properties located at 3414 West Jackson Street, Account Number 06-3986-000, Reference Number 33-2S-30-3300-009-262; 2505 West Lakeview Avenue, Account Number 06-1327-000, Reference Number 17-2S-30-1300-006-033; and 2615 North 6th Avenue, Account Number 13-3648-000, Reference Number 00-0S-00-9020-014-094;

B. Adopt the Resolution authorizing the conveyance of these three parcels of real property to Pensacola Habitat for Humanity, Inc.;

C. Approve the sale price of $20,840.25 for the three parcels of real property;

D. Acknowledge that Habitat for Humanity, Inc.’s, design/structure shall be subject to architectural review and approval by Escambia County;

E. Allow Pensacola Habitat for Humanity, Inc., up to a maximum of 120 days to close because of HUD (U.S. Department of Housing and Urban Development) approval requirements; and

F. Authorize the Chairman to execute the Resolution and all documents related to the sale.
 
13. 5847   Recommendation Concerning the Surplus and Sale of Real Property Located at 1700 Blakely Avenue that Has Escheated to the County - Amy Lovoy, Management and Budget Services Department Director

That the Board take the following action concerning the surplus and sale of real property located at 1700 Blakely Avenue that has escheated to the County:

A. Declare surplus the Board’s real property, Account Number 10-0303-500, Reference Number 35-2S-31-1000-022-040;

B. Authorize the sale of the property to the bidder with the highest offer received at or above the minimum bid of $14,375, in accordance with Section 46.134 of the Escambia County Code of Ordinances; and

C. Authorize the Chairman to sign all documents related to the sale.
 
14. 5921   Recommendation Concerning the Maplewoods Subdivision Ditch Piping and Ashland Avenue Bridge Enhancement - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract to Brown Construction of NWF, Inc., for the Maplewoods Subdivision Ditch Piping and Ashland Avenue Bridge Enhancement, PD 13-14.015, in the amount of $958,168.28.

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #09EN0093, $239,542.07; Fund 352, LOST III, Cost Center 210112, Object Code 56301, Project #09EN0093, $718,626.21]
 
15. 5851   Recommendation Concerning the Agreements for Fire Equipment and Supplies - Amy Lovoy, Management and Budget Services Department Director

That the Board approve three-year Agreements for Fire Equipment and Supplies, PD 13-14.017, in accordance with the terms and conditions of the solicitation and the annual appropriation of funds, for an approximate amount of $750,000, to the following companies:

A. Municipal Equipment Co., LLC;
B. North American Fire Equipment Company, Inc. (NAFECO); and
C. Ten-8 Fire Equipment, Inc.

[Funding: Fund 143, Fire Protection Fund, Cost Center 330206, Object Codes 55201 & 56401]
 
16. 5856   Recommendation Concerning the 69th North Drainage Improvements - Amy Lovoy, Management and Budget Services Department Director

That the Board award a Contract, PD 13-14.024, for the 69th North Drainage Improvements, to Chavers Construction, Inc., in the amount of $1,286,301.40.

[Funding: Fund 352, LOST III, Account 210107/56301, Project #12EN1754 $1,165,175.40; Fund 352, LOST III, Account 210107/56301, Project #11EN0992 $121,126]
 
17. 5889   Recommendation Concerning Professional Services as Governed by Florida Statute 287.055 - Amy Lovoy, Management and Budget Services Department Director

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

A. Award and authorize the County Administrator to sign Task Order-based Continuing Contracts to Peterson Engineering, Inc., per PD 02-03.79, Professional Services as Governed by Florida Statute 287.055 (A&E Services), on a “Maximum Ceiling” basis fee schedule, as follows:
  • Maximum Overhead – 168%
  • Maximum Profit – 12%
  • Maximum FCCM – 1.50%
  • Maximum Multiplier – 281.5% (providing no single item above is exceeded)
  • Existing Hourly Rates for each firm (based on an audited or auditable financial package);
B. Authorize the Department(s), in conjunction with the Office of Purchasing, to negotiate Task Orders, according to Florida Statute 287.055, “Consultants’ Competitive Negotiation Act” (A&E Services), on a project-by-project basis.

[Funding: Funds to be budgeted for on an annual basis and Project basis]
 
18. 5910   Recommendation Concerning a Change Order for the Navy Boulevard Public Involvement Plan and Drainage Study - Keith Wilkins, Community & Environment Department Director

That the Board approve, and authorize the County Administrator to execute, the following Change Order #1 due to a change in scope for design analysis, design services, and support services:
Department: Community & Environment
Division: Community Redevelopment Agency
Type: Addition
Amount: $21,138.30
Vendor: Engineering & Planning Resources, P.C.
Project Name: Navy Boulevard Public Involvement Plan and Drainage Study
Contract: PD 02.03.079
PO No.: 131279
CO No.: 1
Original Award Amount: $49,335.30
Cumulative Amount of Change Orders through CO #1 $21,138.30
New Contract Total: $70,473.60

[Funding Source: Fund 352, LOST III, Cost Center 220102, Object Code 56301, in the amount of $5,416; Fund 352, LOST III, Cost Center 210107, Object Code 56301, in the amount of $15,722.30]
 
19. 5857   Recommendation Concerning 2013 Community Development Block Grant Program Fire Protection Improvements Project - Keith Wilkins, Community & Environment Department Director

That the Board take the following action concerning the 2013 Community Development Block Grant (CDBG) Fire Protection Improvements Project:

A. Approve the Interlocal Agreement between Escambia County and the Emerald Coast Utilities Authority (ECUA), in the amount of $90,000, providing for the completion of the Fire Protection Improvements Project (2013), including installation of fire hydrants and associated water main upgrades, primarily within Census Tract 34; and

B. Authorize the Chairman or Vice Chairman to execute the Agreement and all related documents as required to implement the Project.

[Funding: Fund 129/2013 CDBG, Cost Center 220453]
 
20. 5840   Recommendation Concerning Acceptance of the Donation of a Parcel of Real Property for the Blue Berry Lane Paving and Drainage Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of a parcel of real property located on Blue Berry Lane for road paving and drainage improvements:

A. Accept the donation of a parcel of real property (approximately 0.05 acres), located on Blue Berry Lane, from National Residential Nominee Services, Inc., for road paving and drainage improvements;

B. Authorize the payment of documentary stamps, because the property is being donated for governmental use, which is for road and 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 Warranty Deed as of the day of delivery of the Warranty Deed 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]
 
21. 5917   Recommendation Concerning the Hot In-Place Asphalt Recycling Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Hot In-Place Asphalt Recycling Project:

A. Authorize the County to piggyback off of the Agreement between Orange County, Florida, and Cutler Repaving, Inc., for Hot In-Place Asphalt Recycling Project, Amendment #2, Contract No. Y11-1039, "Hot In-Place Asphalt Recycling," in accordance with the Escambia County, Florida, Code of Ordinances, Chapter 46, Article II, Section 46-44, Application; exemptions; and Section 46-64, Board approval; and

B. Authorize the issuance of a Purchase Order to Cutler Repaving, Inc., in the amount of $498,596.16, for repaving portions or all of Hancock Lane, Ferguson Drive, Ferguson Court, Ladybird Lane, Coleman Road, Luther Street, Mockingbird Lane, Broyhill Lane, Pullman Circle, Tomlinson Road, Rowe Lane, Colony Road, Chateau Court, Inda Avenue, Belguim Road, Belguim Circle, Saddlebrook Drive, Greenbrier Road, Spanish Trail, Woodchuck Avenue, Woodchuck Lane, and 72nd Avenue. Other roads recognized on the 5-Year Resurfacing Program List may also be resurfaced as part of this Project if resurfacing material, funding, and/or time allow.

[Funding Source: Fund 352, "LOST III," Account 210107/56301, Project No. 08EN0208, "Resurfacing"]
 
22. 5877   Recommendation Concerning County Road 97 (Jacks Branch Road) Safety Improvements - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning County Road (CR) 97 (Jacks Branch Road) Safety Improvements:

A. Approve and authorize the Interim County Administrator to execute the following Change Order to Roads, Inc., of NWF, for CR 97 (Jacks Branch Road) Safety Improvements, to provide structural upgrades to the roadway by milling and resurfacing within the project limits:

Department: Public Works
Division: Engineering/Infrastructure Division
Type: Addition
Amount: $738,126.85
Vendor: Roads, Inc., of NWF
Project Name: CR 97 (Jacks Branch Road)
Contract: PD 12-13.046
PO#: 131226
CO#: 1
Original Contract Award: $2,694,118.63
Cumulative Amount of Change Orders Through this CO: $738,126.85
New Contract Total: $3,432,245.48

B. Approve the State of Florida Department of Transportation (FDOT) Local Agency Program (LAP) Supplemental Agreement, Supplemental No. 1, between the State of Florida Department of Transportation and Escambia County, to decrease the Project funding amount from $3,700,000 to $3,333,530, a decrease in the amount of $366,470. FDOT is decreasing the funding as a result of lower than expected bids. Milling and resurfacing was not part of the safety scope of the LAP even though the County has requested FDOT's participation on several occasions; and

C. Adopt a Resolution authorizing the Chairman to sign the LAP Supplemental Agreement, Supplemental No. 1.

[Funding: Fund 352, "LOST III," Cost Center 210107, Object Code 56301, Project #14EN2885]
 
23. 5929   Recommendation Concerning the Various Roadway Materials Pricing Agreement for Fiscal Year 2013-2014 - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning PD 13-14.006, Various Roadway Materials Pricing Agreement for Fiscal Year 2013-2014:

A. Amend the Board's action of February 6, 2014, revising the authorized amount approved for Fund 352, Local Option Sales Tax (LOST) III, Cost Center 210107, Object Code 56301, Various Projects, from $850,000 to over $1,000,000; and

B. Authorize the issuance of a Purchase Order to Roads, Inc., of NWF, in the amount of $700,000, to provide hot-mix asphalt to Escambia County. The Roads Division of the Public Works Department will deliver hot-mix asphalt to the site for the contractor for hot-in-place resurfacing of the following roads: Hancock Lane, Ferguson Drive, Ferguson Court, Ladybird Lane, Coleman Road, Luther Street, Mockingbird Lane, Broyhill Lane, Pullman Circle, Tomlinson Road, Rowe Lane, Colony Road, Chateau Court, Inda Avenue, Belguim Road, Belguim Circle, Saddlebrook Drive, Greenbrier Road, Spanish Trail, Woodchuck Avenue, Woodchuck Lane and 72nd Avenue. Other roads recognized on the five-year Resurfacing Program List may also be resurfaced if material, funding, and/or time allow.

[Funding Source: Fund 352, "LOST III," Cost Center 210107, Object Code 56301, Project #08EN0208, "Resurfacing"]
 
  III. For Discussion
 
1. 5781   Discussion Concerning Funding for the Bay Area Resource Council - Larry M. Newsom, Interim County Administrator
 
2. 5914   Recommendation Concerning an Escambia-Pensacola Human Relations Commission Reappointment/Appointment - Larry M. Newsom, Interim County Administrator

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

A. Reappoint Kathleen A. Wilks, for a two-year term, effective April 5, 2014, through April 4, 2016;

OR

B. Appoint Jeanette M. Moore, for a two-year term, effective April 5, 2014, through April 4, 2016.
 
3. 5916   Recommendation Concerning the Acquisition of Two Parcels of Real Property for the Olive Road East Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board either approve or deny by super majority vote:

A. The purchase of two parcels of real property, totaling approximately 1.16 acres, located at 2605 and 2607 East Olive Road, for the Olive Road East Improvement Project, from Skater's Choice Realty, LLC, for the purchase price of $175,000, which is above the appraised value of $120,000, in accordance with the terms and conditions contained in the Contract for Sale and Purchase;

B. The Contract for Sale and Purchase for the acquisition of two parcels of real property (approximately 1.16 acres), from Skater's Choice Realty, LLC; and

C. The authorization for 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 352, "LOST III," Account 210109/56301, Project No. 10EN0363]
 
4. 5918   Recommendation Concerning the Acquisition of a Parcel of Real Property for the Olive Road East Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board either approve or deny by super majority vote:

A. The purchase of a parcel of real property (approximately 0.48 acres), located at 7940 Lawton Street, for the Olive Road East Improvement Project, from Callie Bonifay, for the purchase price of $25,000, which is above appraised value of $10,000, in accordance with the terms and conditions contained in the Contract for Sale and Purchase;

B. The Contract for Sale and Purchase for the acquisition of a parcel of real property (approximately 0.48 acres), from Callie Bonifay; and

C. The authorization for 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 352, "LOST III," Account 210109/56301, Project No. 10EN0363]
 
5. 5927   Recommendation Concerning the Acquisition of a Parcel of Real Property for the Olive Road East Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board either approve or deny by super majority vote:

A. The purchase of a parcel of real property (approximately 2.55 acres with a residential structure), located at 7965 Kipling Street, for the Olive Road East Improvement Project, from Jean Drabkin, for the purchase price of $250,000, which is above the appraised value of $130,000, in accordance with the terms and conditions contained in the Contract for Sale and Purchase;

B. The Contract for Sale and Purchase for the acquisition of a parcel of real property (approximately 2.55 acres with residential structure), from Jean Drabkin; and

C. The authorization for 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 352, "LOST III," Account 210109/56301, Project No. 10EN0363]
 
6. 5950   Discussion Concerning the Innerarity Island Development Corporation - Larry M. Newsom, Interim County Administrator
 
7. 5908   Recommendation Concerning Selection of the County Administrator - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board take the following action concerning the selection of the County Administrator:

A. Select the County Administrator; and

B. Authorize the County Attorney to negotiate the County Administrator's Employment Contract.
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 5850   Recommendation Concerning the Scheduling of a Public Hearing on April 29, 2014, at 5:31 p.m., to Consider Adoption of a New Natural Gas Franchise Ordinance for the Town of Century, Florida.

That the Board authorize scheduling a Public Hearing on April 29, 2014, at 5:31 p.m., to consider adoption of a new natural gas franchise ordinance for the Town of Century, Florida.
 
2. 5956   Recommendation Concerning Escambia County, FL v. Innerarity Island Development Corporation (Case No. 2014 CA 000237).

That the Board:

A. Schedule a private meeting with its attorneys to discuss pending litigation, in accordance with Section 286.011(8), Florida Statutes, for April 10, 2014 at 9:55 a.m.; and

B. Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, April 5, 2014.

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 case of Escambia County, FL v. Innerarity Island Development Corporation in accordance with Section 286.011(8), Florida Statutes. Such attorney-client session will be held at 9:55 a.m. on Thursday, April 10, 2014, in the Board Meeting Room, Ernie Lee Magaha Government Building, 221 Palafox Place, First Floor, Pensacola, Florida. Commissioners Wilson B. Robertson, Gene M. Valentino, Lumon J. May, Grover C. Robinson, IV, and Steven L. Barry, Interim County Administrator Larry M. Newsom, County Attorney Alison Rogers, Attorney representing Escambia County Charles V. Peppler, Deputy County Attorney, and a certified court reporter will attend the attorney-client session.
 
12.   Items added to the agenda.
 
13.   Announcements.
 
14.   Adjournment.
 

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