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AGENDA
Board of County Commissioners
Regular Meeting – September 1, 2016 – 5:30 p.m.
Ernie Lee Magaha Government Building – First Floor
 
             
1.   Call to Order.

Please turn your cell phone to the vibrate, silence, or off setting.

The Board of County Commissioners allows any person to speak regarding an item on the Agenda. The speaker is limited to three (3) minutes, unless otherwise determined by the Chairman, to allow sufficient time for all speakers. Speakers shall refrain from abusive or profane remarks, disruptive outbursts, protests, or other conduct which interferes with the orderly conduct of the meeting. Upon completion of the Public comment period, discussion is limited to Board members and questions raised by the Board.
 
2.   Invocation – Commissioner May.
 
3.   Pledge of Allegiance to the Flag.
 
4.   Are there any items to be added to the agenda?

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

A.  Plaque to Frank G. Cherry for his service as Commissioner Wilson B. Robertson’s appointee on the Escambia County Disability Awareness Committee, from December 5, 2013 – July 27, 2016; and

B.  Plaques to the following individuals for their service on the Animal Services Advisory Committee:
  • Commissioner Wilson B. Robertson’s appointee – Angel Lint (December 5, 2013 – August 18, 2016)
  • Commissioner Douglas B. Underhill’s appointee – Carrie N. Turner (November 18, 2014 – August 18, 2016)
  • Commissioner Lumon J. May’s appointee – Patricia Krakowski (November 20, 2012 – August 18, 2016)
  • Commissioner Grover C. Robinson, IV’s appointee – Brenda T. Mader (May 16, 2013 – August 18, 2016)
  • Commissioner Steven L. Barry’s appointee – Diane Ritchie (June 26, 2014 – August 18, 2016)
  • County Administrator Jack R. Brown’s appointee – Dr. Andrew “Andy” Hillman (September 5, 2013 – August 18, 2016)

 
7. 10895   Proclamations.

Recommendation: That the Board adopt the following Proclamations:

A. The Proclamation commending and congratulating Rebecca McMullen, Senior Budget Analyst, Management and Budget Services Division, on her selection as "Employee of the Month" for September 2016; and

B. The Proclamation expressing appreciation to Dorothy Gindl Lambert Casey for a lifetime of faithful and dedicated service to the community.
 
8.   Written Communication
 
10869   August 8, 2016, E-mail communication from Daniel Saba, Attorney for Farm Hill Utilities, Inc., and Stephen Moorhead, Attorney for Thomas Home Corporation, requesting that the Board consider an appeal filed by Thomas Home Corporation concerning the Farm Hill Franchise Agreement.

Recommendation: That the Board consider an appeal filed by Thomas Home Corporation concerning the Farm Hill franchise Agreement.

On April 18, 2016, Mr. Henry filed a complaint against Farm Hill and on April 28, 2016, Angela Jones with the law firm of Locklin, Saba, Locklin & Jones, P.A., sent a letter to Mr. Henry explaining Farm Hill's policy regarding payment of these fees in residential developments. Mr. Henry is unhappy that Farm Hill requires payment of per-lot impact fees at the time of platting instead of when each lot is developed. In this case, Mr. Henry paid the fees and now desires a refund and an amendment to Farm Hill's policy.

Both parties are in the process of continued negotiations in hopes to come to a resolution to the complaint before the Board meets.
 
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.   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. 10859   Recommendation Concerning Acceptance of the July 31, 2016 Investment Report

That the Board accept, for filing with the Board’s Minutes, the Investment Portfolio Summary Report for the month ended July 31, 2016, as required by Ordinance Number 95-13; on July 31, 2016, the portfolio market value was $286,956,346 and portfolio earnings totaled $320,246 for the month; the short-term portfolio yield was 0.48%, which should be compared to the S&P Government Index Pool Index 30 Day benchmark of 0.42%; the enhanced cash portfolio achieved a yield of 0.80%, which should be compared to the Merrill Lynch 1 Year Treasury Index of 0.56%; the long-term CORE portfolio achieved a yield of 1.32%, which should be compared to the Merrill Lynch 1-5 Year Treasury Index benchmark of 0.77%.
 
2. 10870   Recommendation Concerning Instrument of Adoption

That the Board authorize Pam Childers, Clerk of the Circuit Court and Comptroller, in her capacity as Chief Investment Officer, to execute the Instrument of Adoption of the Interlocal Agreement for the Florida Cooperative Liquid Assets Securities System (FLCASS); FLCLASS is an intergovernmental investment pool, as described in Section 218.415, Florida Statutes, that provides the opportunity to invest funds on a cooperative basis in short-term investments, which are carefully selected to provide maximum safety and liquidity while generating a competitive yield.
 
3. 10896   Recommendation Concerning Minutes and Reports Prepared by the Clerk to the Board's Office

That the Board take the following action concerning Minutes and Reports prepared by the Clerk to the Board's Office:

A. Accept, for filing with the Board's Minutes, the Report of the Agenda Work Session held August 18, 2016;

B. Approve the Minutes of the Regular Board Meeting held August 18, 2016; and

C. Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole Workshop held August 11, 2016.
 
 
GROWTH MANAGEMENT REPORT
 
  I.   Public Hearing
 
1. 10721   Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on August 2, 2016

That the Board take the following action concerning the rezoning case heard by the Planning Board on August 2, 2016:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendation for Rezoning Case Z-2016-06 or remand the case 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 case that was reviewed.
1. Case No.: Z-2016-06
Address: 325 East Commerce Street
Property Reference No.: 51-2S-30-7061-004-024
Property Size: 0.52 (+/-) acres
From: MDR, Medium Density Residential district (10 du/acre)
To: Com, Commercial district (25 du/acre, lodging unit density not limited by zoning)
FLU Category: MU-U, Mixed-Use Urban
Commissioner District: 2
Requested by: Joe Wanek, Agent for Terry Teschel, Owner
Planning Board Recommendation: Approval
Speakers: Joe Wanek, John Price, Neal Smith, Robert Heinicke, David Bryant
 
2. 10803   5:45 p.m. - A Public Hearing for Consideration for Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the rezoning case heard by the Planning Board on August 2, 2016, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3. 10804   5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter2, Development & Compliance Review, Two -Year Warranty

That the Board of County Commissioners (BCC) review and adopt an Ordinance to the Land Development Code (LDC) amending Chapter 2, Article 5, Section 2-5.7 "Final Plats," by requiring all public subdivision improvements be free from defects for a period of two years from date of recordation of the final plat.
 
4. 10723   5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 4, Article 4, Airport and Airfield Environs

That the Board review and adopt an Ordinance amending the Land Development Code (LDC) Chapter 4 Location and Use Regulations, Article 4 Airport and Airfield Environs, Section 4-4.2.c "Applicable airports and airfields," Section 4-4.3.2.b "from airport/airfield," and Section 4-4.4.b.3 "Establishment." to remove references to Navy Outlying Field Saufley Airport and Coastal Airport.
 
5. 10724   5:48 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 8 of the Escambia County 2030 Comprehensive Plan - CPA-2016-02

That the Board of County Commissioners (BCC) review and recommend for transmittal to the Department of Economic Opportunity (DEO), an Ordinance amending the 2030 Comprehensive Plan, Chapter 8, "Mobility Element", Policy MOB 4.2.6 "Encroachment Control Planning", to remove references to Navy Outlying Field Saufley Airport.

This hearing serves as the first of two public hearings.
 
6. 10806   5:49 p.m. - A Public Hearing Concerning the Issuance of Operational Permit for Resource Extraction for Wiggins Sand Mine Borrow Pit

That the Board approve and authorize or deny the request for the Development Services Department of Escambia County to issue an Operational Permit for Resource Extraction for Wiggins Sand Mine Borrow Pit, located at 6350 Greenland Road, property reference number 05-5N-32-1101-000-001.
 
7. 10805   5:50 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapter 7 of the Escambia County 2030 Comprehensive Plan - CPA-2016-01

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the 2030 Comprehensive Plan, Chapter 7, Policy FLU 1.3.1, Future Land Use categories, to allow limited agriculture in Mixed-Use Urban and Mixed-Use Suburban FLU categories.

The Planning Board recommended approval on April 5, 2016. This hearing serves as the second of two public hearings.
 
  II. Consent Agenda
 
1. 10720   Recommendation Concerning the Scheduling of Public Hearings

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

A. September 22, 2016

1. 5:45 p.m. - A Public Hearing - AICUZ Maps

2. 5:46 p.m. - A Public Hearing - Operational Permit: Resource Extraction Facility - Eager Beaver Vegetative Reclamation Facility

B. October 6, 2016

1. 5:45 p.m. - A Public Hearing - Opting Out of the Sector Plan - 1400 Hwy 29 - OSP-2016-01 (first of two public hearings)

2. 5:46 p.m. - A Public Hearing - Residential Uses in Zoning Districts Ordinance (first of two public hearings)

3. 5:47 p.m. - A Public Hearing - Large Scale Amendment 2016-02 - Saufley Field Road (first of two public hearings)
 
 
COUNTY ADMINISTRATOR'S REPORT
 
  I.   Technical/Public Service Consent Agenda
 
1. 10751   Recommendation Concerning the Escambia County Tobacco-Free Hiring Policy - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board rescind the Tobacco-Free Hiring Policy adopted September 4, 2008, and last amended August 21, 2014, effective immediately, and approve increasing the health insurance premium differential for nicotine users from $20 per month to $50 per month for coverage beginning January 1, 2018.
 
2. 10860   Recommendation Concerning the New Collective Bargaining Agreement with the International Association of EMTs and Paramedics - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board approve and authorize the Chairman to sign the new Collective Bargaining Agreement between the Escambia County Board of County Commissioners (BCC) and the International Association of EMTs and Paramedics (IAEP), Local R5-325, for a period from September 1, 2016, through August 31, 2019.
 
3. 10845   Recommendation Concerning the Request for Disposition of Surplus Property for the Human Resources Department - Thomas G. “Tom” Turner, Human Resources Department Director

That the Board approve the Request for Disposition Form for the Human Resources Department, for the property described and listed on the Disposition Form, with reason for disposition stated.
 
4. 10862   Recommendation Concerning the Request for Disposition of Property for the Public Safety Department - Michael D. Weaver, Public Safety Department Director

That the Board approve the Request for Disposition of Property Forms for the Public Safety Department, for property which is described and listed on the Forms, with reasons for disposition stated. The listed items have been found to be of no further usefulness to the County; thus, it is requested that they be auctioned as surplus or disposed of properly.
 
5. 10858   Recommendation Concerning the Request for Disposition of Property for the Office of the Clerk of Court and Comptroller - Pam Childers, Clerk of the Circuit Court and Comptroller

That the Board approve the Request for Disposition of Property Form for The Office of the Clerk of Court and Comptroller, for property which is to be auctioned or disposed of properly, and which is described and listed on the Form with the Agency and reason stated.
 
6. 10861   Recommendation Concerning the Airspace Agreement with the Florida Department of Transportation - Amy Lovoy, Assistant County Administrator

That the Board approve and authorize the Chairman to sign an Airspace Agreement and the Addendum to Airspace Agreement between Escambia County and the State of Florida Department of Transportation, for the F9F-8 "Cougar" aircraft display on the grounds of the Interstate 10 Welcome Station located west of Pensacola, with an effective date of September 1, 2016, for a term of 20 years. The referenced airspace is above the approximately 4,030 square feet the display utilizes.

WARNING: The scope of the County Attorney's review and approval does not include the indemnity provisions in this document. The County Attorney advises against agreeing to indemnify another party because it would require the County to pay for damages and injuries that the County is not otherwise legally obligated to pay.
 
7. 10829   Recommendation Concerning the Florida Forest Service Annual Report as Requested by Adam Parden of the Division of Forestry - Jack R. Brown, County Administrator

That the Board accept for filing with the Board's Minutes, the Florida Forest Service Annual Report to the Escambia County Board of Commissioners for Fiscal Year 2015-2016, submitted by Adam Parden, Forest Area Supervisor, Division of Forestry.
 
8. 10867   Recommendation Concerning an Appointment to the Escambia Marine Advisory Committee - Commissioner Wilson B. Robertson, District 1

That the Board confirm Commissioner Wilson B. Robertson's appointment of Captain Mark F. Moore to the Escambia Marine Advisory Committee (EMAC), to fill a vacant District 1 appointee position, effective September 1, 2016, to run concurrently with Commissioner Robertson's term of office (November 2016) or at his discretion.
 
9. 10741   Recommendation Concerning the Conveyance of a Utility Easement to Emerald Coast Utilities Authority for Walker Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action regarding the conveyance of a utility easement to Emerald Coast Utilities Authority (ECUA):

A. Approve the Utility Easement for pipe installation of a pipe system from the western boundary of Walker Subdivision across the northern boundary of a County-owned parcel and then south to the ECUA lift station; and

B. Authorize the Chairman to sign the necessary documents granting the Utility Easement to ECUA.

[Funding Source: ECUA will be responsible for the recording of all ECUA documents]
 
10. 10722   Recommendation Concerning the Title VI Program for Escambia County Area Transit - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Title VI Program for Escambia County Area Transit (ECAT):

A. Adopt the ECAT Title VI Program; and

B. Approve and authorize the Chairman to sign the Title VI/Nondiscrimination Policy Statement and Management Commitment to the Title VI Program.

During the Florida Department of Transportation (FDOT) Triennial Audit conducted in April 2016, it was determined that the Title VI Program; pursuant to Title VI of the Civil Rights Act of 1964; Title 49, Chapter 53, Section 5332 of the United States Code; and the FTA's Circular 4702.1B, "Title VI Program Guidelines for Federal Transit Administration Recipients," needed to be updated.

This update to the program specifically updates the Headway times, and non-elected committee member positions for the Escambia County Mass Transit Advisory Committee (MTAC). During this process it was also determined that the Federal Transit Association (FTA) required a major update to be submitted by October 1, 2016. This updated Title VI Program addresses the components that required updating and the major update. ECAT staff also used this as an opportunity to update the Language Assistance Plan (LAP) and the Public Participation Plan (PPP), which are incorporated as part of this Title VI Program.
 
11. 10770   Recommendation Concerning Authorizing the Recording of Declaration of Restrictive Covenants and Providing Ownership and Encumbrance Reports for the Perdido Landfill Northeast Sector - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action regarding authorizing the recording of Declaration of Restrictive Covenants and providing Ownership and Encumbrance Reports for the Perdido Landfill Northeast Sector:

A. Authorize the recording of the Declaration of Restrictive Covenants required by the Florida Department of Environmental Protection (FDEP) for the Perdido Landfill Northeast Sector, located at 13009 Beulah Road, Escambia County, Florida; and

B. Provide current Ownership and Encumbrance Reports on the said property to support the Declaration of Restrictive Covenant documents.

The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned property located at 13009 Beulah Road, Escambia County, Florida, as required documentation for Restrictive Covenants which are to be recorded on the property. The Florida Statute Section 125.411 prohibits the County from warranting its own properties of conveyance. The County Attorney's Office has concerns that the updated title constitutes a form of warranty which would violate Florida Statute 125.411.
 
12. 10863   Recommendation Concerning Execution of Certification of Consistency with the Consolidated Plan Forms for Continuum of Care Application - Tonya Gant, Neighborhood & Human Services Department Director

That the Board authorize the County Administrator to sign Certification of Consistency with the Consolidated Plan Forms for the U.S. Department of Housing and Urban Development (HUD) Continuum of Care (COC) applications for homeless housing, planning and service projects by the EscaRosa Coalition on the Homeless (ECOH).
 
13. 10802   Recommendation Concerning the Amendment to Agreement Relating to Signal Response Maintenance and Construction and Amendment to Agreement Relating to Maintenance of Street and Navigation Lights - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the Amendment to Agreement Relating to Signal Response Maintenance and Construction, PD 12-13.049, and Amendment to Agreement Relating to Maintenance of Street and Navigation Lights, PD 12-13.048:

A. Approve and authorize the Chairman to sign the Amendment to Agreement Relating to Signal Response Maintenance and Construction, PD 12-13.049, to extend the term of the Agreement for an additional 60 days; and

B. Approve and authorize the Chairman to sign the Amendment to Agreement Relating to Maintenance of Street and Navigation Lights, PD 12-13-048, to extend the term of the Agreement for an additional 30 days.
 
14. 10897   Recommendation Concerning Conservation of Roadside Native Wildflowers - Commissioner Steven Barry, District 5

That the Board adopt the Resolution committing to the conservation of roadside native wildflowers in partnership with the Florida Department of Transportation and adjoining property owners.
 
15. 10157   Recommendation Concerning the Establishment of a Committee for the Selection of the Design/Build Entity for the New County Correctional Facility - David W. Wheeler, CFM, Facilities Management Department Director

That the Board approve the establishment of a committee to participate in the selection of the Design/Build (DB) Entity for the design and construction of the new County Correctional Facility. This selection committee will be attending numerous meetings throughout the process, evaluating written information, attending interviews, scoring DB Entities utilizing objective criteria, and ranking and recommending DB Entities to the Board of County Commissioners.

Recommended composition of the 8-member selection committee:

County Administration - 2 Representatives
Corrections Department -2 Representatives
Facilities Management Department -1 Representative
Public Works Department – 1 Representative
Sheriff's Office – 1 Representative
Court Administration - 1 Representative
 
  II.  Budget/Finance Consent Agenda
 
1. 10797   Recommendation Concerning Supplemental Budget Amendment #235 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #235, Library Fund (113), in the amount of $1,258, to recognize additional Grant proceeds from the Florida Humanities Council, and to appropriate these funds for the Museum on Main Street Grant (MoMS).
 
2. 10819   Recommendation Concerning Supplemental Budget Amendment #242 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #242, Local Option Sales Tax III, (LOST) Fund (352), in the amount of $10,830, to recognize proceeds from the auction/sale of older, high-mileage vehicles from the Sheriff's Office that were purchased with LOST, and to appropriate these funds back into the Sheriff's LOST allocation for future vehicle/equipment purchases.

[Funding: Fund 352, LOST Project 08SH0018]
 
3. 10828   Recommendation Concerning Supplemental Budget Amendment #245 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #245, Escambia Restricted Fund (101), in the amount of $4,500, to recognize reimbursements the County will be receiving from the Southeastern States Manhunt Field Trial Teams, and to appropriate these funds for related operational expenses.
 
4. 10847   Recommendation Concerning Supplemental Budget Amendment #246 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #246, Transportation Trust Fund (175), in the amount of $11,089, to recognize insurance proceeds received for damage to traffic equipment at various locations throughout the County, and to appropriate these funds into the Traffic Operations Cost Center from where repair costs were expended.
 
5. 10855   Recommendation Concerning Supplemental Budget Amendment #248 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #248, Local Option Sales Tax III, (LOST) Fund (352), in the amount of $40,000, to recognize proceeds from a State of Florida Department of Transportation Local Agency Program (LAP) Agreement, and to appropriate these funds for the design of sidewalks along North "W" Street (CR 453) from Navy Boulevard (SR 30) to Buddy's Lane.
 
6. 10856   Recommendation Concerning Supplemental Budget Amendment #249 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #249, General Fund (001), in the amount of $55,772, 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.
 
7. 10857   Recommendation Concerning a Change Order in Excess of $50,000 to Diamond Drugs, Inc. - Chip W. Simmons, Assistant County Administrator

That the Board approve and authorize the County Administrator to execute the following Change Order #1, in excess of $50,000, adding funding to provide for inmate-related pharmaceuticals:

Department: Corrections
Division: Escambia County Jail
Type: Addition
Amount: $255,000
Vendor: Diamond Drugs, Inc.
Purchase Order: 160261
Change Order: 1
Original Award Amount: $1,050,000
Cumulative Amount of Change Orders Through This Change Order: $255,000
New Purchase Order Total: $1,305,000

[Funding Source: Fund 001, General Fund, Cost Center 290402, Object Code 55201]
 
8. 10843   Recommendation Concerning a Change Order to Altec Industries, Inc. - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute Change Order #2 to Altec Industries, Inc., for the continued purchase of necessary labor, repair, and proprietary parts for aerial lift equipment (bucket trucks):

Department: Public Works Road Department
Division: Fleet
Type: Addition
Amount: $4,000
Vendor: Altec Industries, Inc.
Purchase Order (PO) #: 160762
Change Order (CO) #: 2
Cost Center for CO: 210405
Original PO Amount: $26,000
Cumulative Amount of Change Orders: $27,500
New PO Total: $53,500

[Funding Source: Fund 175, Transportation Trust Fund, Cost Center 210405, Object Code 54601]
 
9. 10837   Recommendation Concerning the Purchase of One Agriculture Tractor for the Public Works Department Pensacola Beach Division - Joy D. Blackmon, P.E., Public Works Department Director

That the Board authorize the issuance of a Purchase Order to Beard Equipment Company, in the amount $53,584.19, for one 100 HP agriculture tractor for the Public Works Department, Pensacola Beach Division, according to the specifications of VE 15-16.020.

The Purchasing Department posted the request on the Escambia County website for 30 days, beginning July 18, 2016. One additional responsive quote was received from Coastal Machinery Company, Inc.

[Funding: Fund 001, General Fund, Cost Center 211401, Object Code 56401]
 
10. 10842   Recommendation Concerning a Change Order to Tractor & Equipment Co., Inc. - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute Change Order #3 to Tractor & Equipment Co., Inc., for the continued purchase of necessary labor, repair, and proprietary parts for heavy equipment:

Department: Public Works Road Department
Division: Fleet
Type: Addition
Amount: $11,000
Vendor: Tractor & Equipment Co., Inc.
Purchase Order (PO) #: 160120
Change Order (CO) #: 3
Cost Center for CO: 210405
Original PO Amount: $25,000
Cumulative Amount of Change Orders: $45,000
New PO Total: $70,000

[Funding Source: Fund 175, Transportation Trust Fund, Cost Center 210405, Object Code 54601]
 
11. 10832   Recommendation Concerning the Renewal Option for the Gasoline and Diesel Fuel Contract - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to approve the renewal option for the Gasoline and Diesel Fuel Contract, PD 13-14.083, awarded to Cougar Oil, Inc., d/b/a Southern Energy Company. Renewal would extend the services of this Contract until September 30, 2017.

[Funding: Fund 501, Internal Service Fund, Cost Center 210407, Object Code 55201]
 
12. 10831   Recommendation Concerning the Reallocation of Capital Improvement Program Funds - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve the reallocation of funds from the Capital Improvement Program to fund other priority infrastructure projects, totaling $136,213, as follows:

FROM:
Description District Amount Description
Fairchild Drive 4 $66,855 The original budget ($200K) was established to include purchase of a pond parcel; however, the property owner was not willing to sell at the appraisal value. Staff pursued a positive outfall option on the I-10 widening project, which eliminated the need for the Fairchild pond site. The remaining funds on this project will be used to improve drainage; project estimate $100K.
Fairway Drive 2 $32,921 Project complete
Seaglades 2 $31,163 This project was canceled based on the Cost/Benefit Analysis
69th Avenue North 2 $5,274 Project complete

TO:
Description District Amount Description
Johnson Avenue 4 $66,855 County share of FDOT Local Agency Program Agreement. This project consists of repairing failures along a storm pipe route on Gulf Beach Highway between Ponte Verde Road and Longwood Drive that occurred during the April 2014 flood event. This project is ready for construction to begin.
Gulf Beach Highway 2 $69,358 County share of FDOT Local Agency Program Agreement. This project consists of repairing the storm pipe system along East Johnson Avenue from Hitchcock Road to 600' east of Forge Lane that was damaged during the April 2014 flood event. This project is ready for construction to begin.

[Funding Source: Fund 352, "Local Option Sales Tax III," Account 210107]
 
13. 10812   Recommendation Concerning a Change Order for Charles Neely Corporation, DBA PR Chemical and Paper Supply, for Cleaning Supplies and Paper Products for the Public Works Department, Pensacola Beach Division - Joy D. Blackmon, P.E., Public Works Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order to Charles Neely Corporation, DBA PR Chemical and Paper Supply, for cleaning supplies and paper products for the Public Works Department - Pensacola Beach Division:

Department: Public Works
Division: Pensacola Beach
Type: Addition
Amount: $15,000
Vendor: Charles Neely Corporation DBA PR Chemical and Paper Supply
Project Name: Cleaning Supplies and Paper Products
Contract: PD 13-14.046
PO No.: 160286
CO No.: 2
Original Award Amount: $45,000
Cumulative Amount of Change Orders through this CO: $19,500
New Contract Total: $64,500

[Funding Source: Fund 001, General Fund, Cost Center 211401, Object Code 55201]
 
14. 10841   Recommendation Concerning the State of Florida Department of Transportation Local Agency Program Supplemental Agreement Between the Florida Department of Transportation and Escambia County for East Johnson Avenue - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation Local Agency Program (LAP) Supplemental Agreement between the Florida Department of Transportation and Escambia County to construct repairs to a stormwater system along a portion of East Johnson Avenue, beginning at Hitchcock Road and continuing east approximately 1/4 mile to the Gulf Power easement:

A. Approve the State of Florida Department of Transportation LAP Supplemental Agreement between the Florida Department of Transportation and Escambia County for East Johnson Avenue; and

B. Adopt the Resolution authorizing the Chairman to sign the LAP Supplemental Agreement.

In the original LAP agreement, the County was responsible for $41,633. The County's portion will increase $1,215, to $42,848, as a result of higher than anticipated construction costs.

[Funding Source: Fund 352, "LOST III"]
 
15. 10839   Recommendation Concerning the State of Florida Department of Transportation Local Agency Program Supplemental Agreement between the Florida Department of Transportation and Escambia County, Florida, for Gulf Beach Highway - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation Local Agency Program (LAP) Agreement between the Florida Department of Transportation and Escambia County, to construct repairs to the stormwater system along a portion of Gulf Beach Highway [County Road (CR) 292A] between Ponte Verde Road and Longwood Drive:

A. Approve the State of Florida Department of Transportation LAP between the Florida Department of Transportation and Escambia County for repairs to the stormwater system along a portion of Gulf Beach Highway CR 292A; and

B. Adopt the Resolution authorizing the Chairman to sign the State of Florida Department of Transportation LAP Agreement.

In the original LAP Agreement, the County was responsible for $24,398. The County's portion will increase $24,776, to a total of $49,174, as a result of higher than anticipated construction costs.

[Funding Source: Fund 352, "LOST III"]
 
16. 10716   Recommendation Concerning the Acceptance of Seven Public Road and Right-of-Way Easements and Two Drainage Easements for the Valkyry Way Roadway and Drainage Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of seven public road and right-of-way easements and two drainage easements for the Valkyry Way Roadway and Drainage Improvement Project, which is a Municipal Services Benefit Unit (MSBU) funded project:

A. Accept the donation of seven public road and right-of-way easements and two drainage easements for the Valkyry Way Roadway and Drainage Improvement Project;

Property Owner Parcel Reference Number Approx. Area
Appaloosa Homeowners' Association, Inc. (Public Road and Right-of-Way Easement) 38-1N-31-1400-000-020 1.80 Acres
Michael Crenshaw, Sr. and Jacqueline Crenshaw (Public Road and Right-of-Way Easement) 38-1N-31-1400-000-008 0.12 Acres
John W. Drew Life Estate (Public Road and Right-of-Way Easement) 38-1N-31-1400-001-006 0.03 Acres
Leslie R. Heaton and Margaret J. Heaton (Public Road and Right-of-Way Easement) 38-1N-31-1400-000-009 0.10 Acres
Phil Lance and Susan H. Infinger (Public Road and Right-of-Way Easement) 38-1N-31-1400-000-013 0.05 Acres
Robert R. McLaughlin and Theresa A. McLaughlin (Public Road and Right-of-Way Easement) 38-1N-31-1400-000-019 0.07 Acres
Dominador Tamoria, Jr., and Antonina Daniels (Public Road and Right-of-Way Easement) 38-1N-31-1400-000-015 0.05 Acres
Dominador Tamoria, Jr., and Antonina Daniels (Drainage Easement) 38-1N-31-1400-000-015 0.25 Acres
Charles W. Watson, Jr., and Joyce L. Watson (Drainage Easement) 38-1N-31-1400-001-007 0.25 Acres

B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for drainage improvements, and the County benefits from the acceptance of this property, which enhances the safety and well-being of the citizens of Escambia County;

C. Authorize the payment of incidental expenditures associated with the recording of documents; and

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

[Funding: Funds for incidental expenses associated with recording of documents are available in an Engineering Escrow Account accessed by the Escambia County Clerk's Office]
 
17. 10827   Recommendation Concerning a Contract Award for Design Services for Escambia County Beachside Restrooms and Boardwalk - Claudia Simmons, Office of Purchasing, Purchasing Manager

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and STOA International/Florida, Inc., per the terms and conditions of PD 15-16.071, Design Services for Escambia County Beachside Restrooms and Boardwalk, for a lump sum of $71,103, for basic services and reimbursable expenses of $13,750, providing a total of $84,853.

[Funding: Fund 352, Lost III, Cost Center 110274, Object Code 56301, Project Code 16PF3614]
 
18. 10562   Recommendation Concerning a Contract Award for East Johnson Stormwater Repair Project - Claudia Simmons, Office of Purchasing, Purchasing Manager

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Southern Utility Company, Inc., per the terms and conditions of PD 15-16.052, East Johnson Stormwater Repair Project, for a lump sum of $238,043.

[Funding: Fund 352, FDOT LAP Agreement, Cost Center 210117, Object Code 56301, Project #16EN3454 - $195,196;
Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #16EN3454 - $42,847; Total $238,043]
 
19. 10558   Recommendation Concerning Contract Award for CR 292A Gulf Beach Highway Drainage Repair Project - Claudia Simmons, Office of Purchasing, Purchasing Manager

That the Board approve and authorize the County Administrator to sign the Agreement between Escambia County, Florida, and Site and Utility, LLC, per the terms and conditions of PD 15-16.050, CR 292A Gulf Beach Highway Drainage Repair Project, for a lump sum of $273,190.

[Funding: Fund 352, FDOT LAP Agreement, Cost Center 210118, Object Code 56301, Project #16EN3462 $224,016;
Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #16EN3462 $49,174; Total $273,190]
 
20. 10866   Recommendation Concerning Professional Services as Governed by Florida Statute 287.055 - Claudia Simmons, Office of Purchasing, Purchasing Manager

That the Board take the following action concerning PD 02-03.79, Professional Services as Governed by Florida Statute 287.055:

A. Approve and Authorize the County Administrator to sign the Task Order-Based Continuing Contract with Butler & Associates of Pensacola, Inc., professional surveyor and mapper, based on the "Current Averages for Audited Overhead, Expense and Facilities Capital Cost of Money (FCCM) Rates" as provided in the current Florida Department of Transportation (FDOT) Negotiation Handbook Guidelines for Professional Services Contracts; and

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 and project basis]
 
21. 10836   Recommendation Concerning a Change Order to Purchase Order #160581, Thompson Tractor Company, Inc., for Repairs to Heavy Equipment - Patrick T. Johnson, Waste Services Department Director

That the Board approve and authorize the County Administrator to execute the following Change Order #6, to Purchase Order #160581, Thompson Tractor Company, Inc., for repairs to Heavy Equipment:

Department: Waste Services Department
Division: Operations
Type: Addition
Amount: $49,000
Vendor: Thompson Tractor Company, Inc.
Project Name: Supplies, Labor, Repairs, & Rentals, "OEM" Manufacturer
PO#: 160581
CO#: 6
Cost Center for CO: 230304, 230306, 230307, 230314 & 230315
Original PO Amount: $317,000
Cumulative Amount of Change Orders: $112,000
New PO Total: $429,000

[Funding Source: Fund 401, Solid Waste, Cost Centers 230304, 230306, 230307, 230314 & 230315]
 
22. 10872   Recommendation Concerning Budget Amendment #251 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board approve Budget Amendment #251, Non-Departmental, General Fund (001), in the amount of $550,000, to cover additional operating expenses as a result of annual Medicaid payments to the State of Florida. This Amendment is necessary due to the date the State must receive payment from the County. The October invoice is paid in the old Fiscal Year and the payment is later reclassified to the new Fiscal Year. The current Medicaid payment is $404,732.04; any unspent funds will become part of the Fiscal Year 2016/2017 fund balance in the General Fund.
 
23. 10889   Recommendation Concerning the Purchase of Ambulance PowerLoad Systems for the Public Safety Department - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the purchase of PowerLoad Systems that lift stretchers in and out of ambulances for the Public Safety Department:

A. Authorize the County to utilize the Okaloosa County, Cooperative Agreement, 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 Stryker Sales Corporation, in the amount of $722,025.49, according to the Specification Number PD 15-16.084, Public Safety State Contract for PowerLoad Purchase, per the following:

Description Purchase Price Quantity Extended Price
PowerLoad Systems $20,582.00 26 $535,132.00
Power-PRO XT Cots $12,564.00 7 $87,948.00
ProCare Upgrades $310.00 47 $14,570.00
X-Restraint Packages $121.75 51 $6,209.25
PowerLoad Compatible Upgrade Kits $1,378.00 19 $26,182.00
Kit XPS Retrofits $1,856.58 28 $51,984.24
TOTAL $722,025.49


In an effort to encourage competition from local businesses and in compliance with Board-adopted policy, this purchase was advertised on the County's website for 10 days. There were no acceptable responses.

[Funding: Fund 408, Emergency Services Fund, Cost Center 330302, EMS Operations, Object Code 56401]
 
24. 10893   Recommendation Concerning Administrative Budget Amendment #257 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board approve Administrative Budget Amendment #257, Emergency Medical Service Fund (408), in the amount of $722,026, to transfer funds from Reserves to Machinery and Equipment, and to appropriate these funds for Public Safety Ambulance PowerLoad Systems.
 
  III. For Discussion
 
1. 10657   Recommendation Concerning the Acquisition of Real Property Located at 207 Webb Street for the Carver Park Drainage Improvement Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board either approve, by super-majority, or deny the purchase of real property (approximately 0.22 acres or 9,412.5 square feet), located at 207 Webb Street, for the Carver Park Drainage Improvement Project for $2.00 per square foot, from Mr. Jerry M. Beachem, for $18,825:

A. Authorize the purchase of real property (approximately 0.22 acres or 9,412.5 square feet), located at 207 Webb Street, for the Carver Park Drainage Improvement Project for $2 per square foot totaling $18,825; and

B. Authorize County staff to draft the Contract for Sale and Purchase for the acquisition of real property (approximately 0.22 acres) located at 207 Webb Street, from Mr. Jerry M. Beachem, for $18,825, and bring the executed Contract back before the Board.

[Funding Source: Fund 352, "LOST III," Cost Center 210107/56101, Project No. 14EN2605]
 
2. 10873   Discussion Concerning Ceasing Operations of the Helicopter Pad at the Perdido Key Fire Station - Commissioner Doug Underhill, District 2
 
 
COUNTY ATTORNEY'S REPORT
 
  I.   For Action
 
1. 10687   Recommendation Concerning Scheduling an Attorney/Client Session on September 22, 2016 at 3:45 p.m. to Discuss Pending Litigation in The Cases of Retha Milstead v. Escambia County, Case No.:3:15-cv-501-RV/CJK, Caleb Dennis v. Escambia County, Case No.:3:15-cv-00446-MCR/EMT and Jody Nix v. Escambia County,Case No.: 3:15-cv-00379-MCR/CJK.

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), Fla. Stat. for September 22, 2016 at 3:45 p.m.; and

B. Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, September 10, 2016.
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 cases of Retha Milstead v. Escambia County, Case No.:3:15-cv-501-RV/CJK, Caleb Dennis v. Escambia County, Case No.:3:15-cv-00446-MCR/EMT, and Jody Nix v. Escambia County, Case No.: 3:15-cv-00379-MCR/CJK, in accordance with section 286.01(8), Fla. Stat. Such attorney/client session will be held on Thursday, September 22, 2016 at 3:45 p.m., in the Ernie Lee Magaha Government Building, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Grover C. Robinson, IV, Wilson B. Robertson, Douglas B. Underhill, Lumon J. May, and Steven Barry, County Administrator Jack R. Brown, County Attorney Alison P. Rogers, Deputy County Attorney Charles V. Peppler representing Escambia County, and a certified court reporter will attend the attorney/client session.
 
2. 10864   Recommendation Concerning Authorization of the Payment of Documentary Stamps for the Real Property Located at 701 Wenday Lane, owned by Carolyn Davis

That the Board authorize the payment of documentary stamps for the real property located at 701 Wenday Lane, owned by Carolyn Davis, because the real property is being purchased for governmental use and the County benefits from the purchase because of the settlement of pending litigation, including a claim of inverse condemnation. This Board previously approved the settlement and mediation agreement, dated June 29, 2016, in Case No.: 2014 CA 001048, Carolyn Davis v. Escambia County.
 
  II.  For Discussion
 
1. 10871  
Recommendation Concerning the Notice of Proposed Assessment for Sales and Use Tax from the Florida Department of Revenue.

That the Board consider the following options concerning the Notice of Proposed Assessment for Sales and Use Tax from the Florida Department of Revenue:

A. Remit payment in full to the Florida Department of Revenue in the total assessed amount of $94,465.82 plus additional daily interest accruing at a rate of $15.59 per day from August 9, 2016, through the date of payment;

OR

B. File an informal protest with the Florida Department of Revenue objecting to the proposed assessment and request a determination by the Office of Technical Assistance and Dispute Resolution. The resulting Notice of Decision may be appealed by filing a petition for formal protest with the Florida Department of Revenue (Option C below) or filing a complaint in the appropriate circuit court (Option D below);

OR

C. File a petition for formal protest with the Florida Department of Revenue, Office of General Counsel, objecting to the proposed assessment and request an administrative hearing with either the Department or the Division of Administrative Hearings (DOAH), in which case the Board would waive any right to proceed with a judicial proceeding in circuit court. The resulting Final Order may be appealed to the First District Court of Appeal;

OR

D. File a formal complaint against the Florida Department of Revenue in the Circuit Court of the First Judicial Circuit to contest the legality of the assessment, in which case the Board would waive any right to proceed with an administrative proceeding under Chapter 120. When filing the Complaint, the contested amount must be secured by a cash or surety bond or tendered into the registry of the court pending final disposition. The resulting judgment may be appealed to the First District Court of Appeal.
 
11.   Items added to the agenda.
 
12.   Announcements.
 
13.   Adjournment.
 

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