THROUGH THESE DOORS WALK ONLY THE FINEST PEOPLE – THE CITIZENS OF ESCAMBIA COUNTY. DECISIONS ARE MADE IN THIS ROOM AFFECTING THE DAILY LIVES OF OUR PEOPLE. DIGNIFIED CONDUCT IS APPRECIATED.  
CHAMBER RULES
1. IF YOU WISH TO SPEAK, YOU WILL BE HEARD.
2. YOU MUST SIGN UP TO SPEAK. SIGN-UP SHEETS ARE AVAILABLE AT THE BACK OF THE ROOM.
3. YOU ARE REQUESTED TO KEEP YOUR REMARKS BRIEF AND FACTUAL.
4. BOTH SIDES ON AN ISSUE WILL BE GRANTED UNIFORM/MAXIMUM TIME TO SPEAK.
5. DURING QUASI-JUDICIAL HEARINGS (I.E., REZONINGS), CONDUCT IS VERY FORMAL AND REGULATED BY SUPREME COURT DECISIONS.
PLEASE NOTE THAT ALL BCC MEETINGS ARE RECORDED AND TELEVISED
 
AGENDA
Board of County Commissioners
Regular Meeting – January 7, 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 Underhill.
 
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 for Mary Bo Robinson for her service on the Escambia Mass Transit Advisory Committee, from October 1, 2009 to December 7, 2015; and

B.  Certificates of Appreciation for the following members for their service on the Enterprise Zone Development Agency Board:

• Susan Nelms
• Teresa Frye
• Steven Littlejohn
• Ruth McKinon
• Rebecca Hale
• Peggy Fowler
• Nita Freeman
• Larry Strain
• Jaunita Williams
• Danita Andrews
• Commander Dale Tharp
 
7.   Proclamations.

Recommendation:  That the Board take the following action:

A. Adopt the Proclamation commending and congratulating Amanda Taft "Employee of the Month" for January 2016;

B. Adopt the Proclamation sincerely providing the Board's thanks and gratitude as well as commending the selfless efforts of Mr. W.A. “Buck” Lee for years of effort, dedication, and compassion for our area and its citizens and designating January 7, 2016, as “Buck Lee Day” on both Santa Rosa Island and in Escambia County; 

C. Ratify the Proclamation dated December 15, 2015, commending the Most Worshipful Union Grand Lodge, Free and Accepted Masons, PHA, Florida and Belize, Central America Jurisdiction, Inc., for choosing Pensacola as the host city for the Most Worshipful Grand Master Walter Gulley, Jr., Visitation and extending a warm welcome to all the attendees upon the occasion of their visit to Escambia County; and

D. Ratify the Proclamation dated December 17, 2015, commending Mr. Samuel Leon Jones for his leadership and many years of public service and congratulating him on his distinguished career and his outstanding accomplishments.
 
8. Written Communication.
 
  November 13, 2015 - Communication from Rhett Patterson requesting Escambia County provide relief of Code Enforcement Liens attached to properties located at 8079 Ira Drive and 37 Kennington Drive.

The County Administrator reviewed and considered the Lien relief request made by Rhett Patterson against properties located at 8079 Ira Drive and 37 Kennington Drive.
 
On June 2, 2015, the Board amended the "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H 2.Staff was instructed to review all requests for forgiveness of Environmental (code) Enforcement Liens to determine if the request met the criteria for forgiveness and allowing the County Administrator to act on the Board's behalf if set criteria are met.
 
After reviewing the request for forgiveness of Liens, staff made the determination that the request DOES fall within the criteria that would allow the County Administrator to act on the Board's behalf and grant or deny relief, in accordance with the Board's Policy, "Guidelines for Relief from Environmental (Code) Enforcement Special Magistrate Liens" Policy, Section III, H2.
 
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.   Committee of the Whole Recommendation.

Recommendation:  That the Board take the following actions, as recommended by the Committee of Whole (C/W), at the December 17, 2015, C/W Workshop:

A. Make all necessary repairs to the Brownsville Community Center, with the addition of Items B, replace the remaining six HVAC units, and D, finishes, furnishings, and equipment, from option A as presented in the PowerPoint presentation, and bring back to the Board a cost estimate with potential funding sources identified to fund the gap between allocated funds and the cost estimate (C/W Item 5);

B. Approve the Special Event Permit for a noise waiver for the New Year’s Eve fireworks display at the Flora-Bama Lounge on Perdido Key (C/W Item 7); and

C. Approve to not appeal the Circuit Court decision regarding vacation and short-term rentals by owner in residential zoning categories, and request Legal staff draft an Ordinance to properly regulate vacation rentals in such a way that protects the citizens in these neighborhoods (C/W Add-on #1).
 
             
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.   Recommendation Concerning Acceptance of TDT Collection Data for the October 2015 Returns received in November 2015

That the Board accept, for filing with the Board’s Minutes, the Tourist Development Tax (TDT) Collections Data for the October 2015 returns received in the month of November 2015, as prepared by the Finance Department of the Clerk and Comptroller’s Office; this is the second month of collections for the Fiscal Year 2016; total collections for the month
of October 2015 returns was $625,801.30; this is a 14.18% increase over the October 2014 returns; total collections year-to-date are 18.26% more than the comparable time frame in Fiscal Year 2015.
 
2.   Recommendation Concerning Acceptance of Documents Provided to the Clerk to the Board's Office

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

A. The Standard Professional Consulting Services Contract Documents for Agreement between Escambia County and Townes + architects, P.A., PD 14-15.088, ADA Study of County Facilities and Parks, executed by Assistant County Administrator Amy Lovoy on November 19, 2015;

B.  The Settlement Agreement and Release relating to Frankenmuth Mutual Insurance Company v. Ernie Lee Magaha and Escambia County, Florida, as approved by the Board on April 15, 2004;

C.  The Escambia/Pensacola State Housing Initiatives Partnership (SHIP) Program Annual Performance Report for 2013-14 Closeout for the Period Ending September 30, 2015, based on the Board's action of April 2, 2013, authorizing the Chairman and/or the Interim County Administrator, as appropriate, to execute all documents required to submit, receive, and implement the SHIP Plan and all related activities relating to the Escambia/Pensacola 2014-2016 SHIP Local Housing Assistance Plan;

D.  The Florida Department of Transportation Multi-Year Joint Participation Agreement Notification of Grant Award #1, based on the Board's action of August 21, 2014, authorizing the Chairman to execute all documents pertaining to the Florida Department of Transportation Joint Participation Agreement, Financial Project Number 4222571 84 01, providing for Fiscal Year 2014-2015 Transit Block funding to Escambia County Area Transit; and

E.  The U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Notice of Grant and Agreement Award, Amendment No. 2, based on the Board's action of June 26, 2014, relating to the USDA NRCS Emergency Watershed Project Agreement Program.
 
3.   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 December 10, 2015;

B.  Approve the Minutes of the Attorney-Client Session held December 10, 2015;

C.  Approve the Minutes of the Regular Board Meeting held December 10, 2015; and

D.  Accept, for filing with the Board's Minutes, the Report of the Committee of the Whole (C/W) Workshop held December 17, 2015.

  (C/W REPORT TO BE DISTRIBUTED UNDER SEPARATE COVER)
 
             
GROWTH MANAGEMENT REPORT
 
I.   Public Hearing
 
1.   Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on December 1, 2015

That the Board take the following action concerning the Rezoning Case heard by the Planning Board on December 1, 2015:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendation for Rezoning Case Z-2015-20 or return 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-2015-20
  Address: 3811 W Nine Mile Road
  Property Reference No.: 10-1S-31-2100-000-001
  Property Size: 52.6 (+/-) acres
  From: HCLI, Heavy Commercial Light Industrial district (du density limited to vested residential development, lodging unit density not limited by zoning)
  To: HDMU, High Density Mixed-use district (25 du/acre)
  FLU Category: MU-U, Mixed-Use Urban
  Commissioner District: 1
  Requested by: Wiley C. "Buddy" Page, Agent for James C. Moulton with 9 Mile-NF Joint Venture, LLC, Owner
  Planning Board Recommendation: Approval
  Speakers: Buddy Page, Kenneth Custer, Victor Smith, Richard Ward
 
2.   5:45 p.m.  A Public Hearing for Consideration of Adopting an Ordinance Amending the Official Zoning Map

That the Board adopt an Ordinance to amend the Official Zoning Map to include the Rezoning Case heard by the Planning Board on December 1, 2015, and approved during the previous agenda item and to provide for severability, inclusion in the code, and an effective date.
 
3.   5:46 p.m. A Public Hearing Concerning the Review and Adoption of an Ordinance Amending Chapter 3, Zoning Regulations and Chapter 6, Definitions

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Land Development Code (LDC) amending Chapter 3, High Density Mixed-Use (HDMU), Commercial district (Com), and Heavy Commercial and Light Industrial District (HC/LI), to authorize Alcohol Breweries, Distilleries and Wineries under certain circumstances and amending Chapter 6, Definitions, to modify the terms "bar" and "industry or industrial use," and to define "Brewpub," "Microbrewery," "Microdistillery" and "Microwinery".

This hearing serves as the second of two required public hearings before the BCC as set forth in Section 2-7.2(a) and F.S. 125.66(4)(b).
 
4.   5:47 p.m. A Public Hearing Concerning the Review and Adoption of an Ordinance for Small Scale Amendment SSA-2015-02

That the Board of County Commissioner (BCC) review and adopt Small Scale Amendment SSA-2015-02; amending Part II of the Escambia County Code of Ordinances, the Escambia County Comprehensive Plan 2030, as amended; amending the Future Land Use Map designation. The applicant is requesting a Future Land Use Map amendment from Rural Community (RC) to Mixed-Use Suburban (MU-S) in order to be more consistent with the zoning designation.
 
5.   5:48 p.m. A Public Hearing Concerning the Review and Adoption of an Ordinance for Small Scale Amendment SSA-2015-03

That the Board of County Commissioner (BCC) review and adopt Small Scale Amendment SSA-2015-03; amending Part II of the Escambia County Code of Ordinances, the Escambia County Comprehensive Plan 2030, as amended; amending the Future Land Use Map designation. The applicant is requesting a Future Land Use Map amendment from Rural Community (RC) to Mixed-Use Suburban (MU-S) in order to be more consistent with the zoning designation.
 
6.   5:49 p.m. - A Public Hearing Concerning the Review of an Ordinance to Repeal Ordinance 2015-17, Chapter 9, "Housing Element"

That the Board of County Commissioners (BCC) review and adopt an ordinance repealing Ordinance 2015-17, which was adopted on June 2, 2015, to the Comprehensive Plan 2030, Chapter 9, "Housing Element," to remove references to the Neighborhood Enterprise Foundation and provide housing assistance through the Neighborhood Enterprise Division.
 
7.   5:50 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Comprehensive Plan Chapter 9 OBJ 1.6, CPA-2015-04

That the Board of County Commissioners (BCC) review and approve transmittal to the Department of Economic Opportunity (DEO) an Ordinance amending Part II of the Escambia County Comprehensive Plan, Chapter 9, Housing Element, Objective 1.6, Housing Programs, removing references to the Neighborhood Enterprise Foundation and providing for affordable housing assistance.

This hearing serves as the first of two required public hearings before the BCC as set forth in Section 2-7.2(a) and F.S. 125.66(4)(b).

At the May 5, 2015, Planning Board Meeting, the Board recommend approval of this Ordinance.
 
8.   5:51 p.m. - A Public Hearing Concerning the Review  and Adoption of an Ordinance Amending Comprehensive Plan Chapter 15, "Capital Improvement Element", Objective CIE 1.2 "Five-Year Schedule"

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Comprehensive Plan Chapter 15, "Capital Improvement Element", Objective CIE 1.2 "Five-Year Schedule," to allow certain documents incorporated by reference to be updated by ordinance without amendment to the comprehensive plan; creating Policy CIE 1.2.5 "Incorporation of Florida-Alabama Transportation Planning Organization 5-Year Transportation Improvement Program," and incorporating by reference the Florida-Alabama Transportation Planning Organization Fiscal Year 2016-2020 Transportation Improvement Program.

This hearing serves as the second of two required public hearings before the BCC as set forth in Section 2-7.2(a) and F.S. 125.66(4)(b).

At the September 1, 2015, Planning Board Meeting, the Board recommended approval of this Ordinance.
 
             
II. Consent Agenda
 
1.   Recommendation Concerning the Scheduling of Public Hearings

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

A. January 21, 2016

1.
5:45 p.m. - A Public Hearing - Flood Plain Ordinance

2. 5:46 p.m. - A Public Hearing - Technical Amendment to the Florida Building Code

3. 5:47 p.m. - A Public Hearing - CIP Annual Report

4. 5:48 p.m. - A Public Hearing - Wildwood/Devine Farms Development Agreement

B. February 2, 2016

1. 9:07 a.m. - A Public Hearing to amend the Official Zoning Map to include the following Rezoning Cases heard by the Planning Board on January 5, 2016.

 
a. Case No.: Z-2015-21
  Address: 17080 Perdido Key Drive
  Property Reference No.: 01-4S-33-1500-000-001
  From: MDR-PK, Medium Density Residential district, Perdido Key (4.5 du/acre)
  To: CC-PK, Commercial Core district, Perdido Key (13 du/acre or 25 lodging units/acre, or any combination of dwelling and lodging such that one du equals 25/13 lodging units)
  FLU Category: MU-PK, Mixed-Use Perdido Key
  Commissioner District 2
  Requested by: Wiley C. "Buddy" Page, Agent for Yacht Harbor Development, LLC, Owner
     
b. Case No.: Z-2015-22
  Address: NW Corner Hwy 196 and Hwy 95-A
  Property Reference No.: 22-2N-31-1103-000-000
  From: Agr, Agricultural district (one du/20 acres)
  To: RMU, Rural Mixed-use district (two du/acre)
  FLU Category: RC, Rural Community
  Commissioner District 5
  Requested by: Thomas Hammond, Agent for Eli H. Miller, Owner
     
c. Case No.: Z-2015-19
  Address: 1700 Block Jacks Branch Road
  Property Reference No.: 30-2N-31-4000-000-000
  From: Agr, Agricultural district (one du/20 acres)
  To:  LDR, Low Density Residential district, Detailed Specific Area Plan (DSAP) Land Use Conservation Neighborhood (three du/acre)
  FLU Category: AG, Agriculture
  Commissioner District: 5
  Requested by: Brad McLaughlin, Agent for Long & Moore Land Company, LLC., Owner
 
2. 9:08 a.m. - A Public Hearing - Large Scale Amendment 2015-02 - County Jail (first of two public hearings)

3. 9:09 a.m. - A Public Hearing - Redfish Harbor PUD

4. 9:10 a.m. - A Public Hearing to review the following Rezoning Case heard by the Planning Board on January 5, 2016.

 
Case No.: Z-2015-23
Address: 1200 W Leonard Street and Block of Leonard Street Area
Property Reference No.: 17-2S-30-5016-000-002; 17-2S-30-5016-001-001; 18-2S-30-6000-001-056; 18-2S-30-6000-004-055; 18-2S-30-6000-004-056; 18-2S-30-6000-005-056; 18-2S-30-6000-002-056; 18-2S-30-6000-003-047; 18-2S-30-6000-003-048; 18-2S-30-6000-003-055; 17-2S-30-5009-000-062; 18-2S-30-6000-017-047; 17-2S-30-5009-000-064; 17-2S-30-5009-000-068; 17-2S-30-5009-041-041; 17-2S-30-5016-002-002
From: HDR, High Density Residential district (18 du/acre); HC/LI, Heavy Commercial and Light Industrial district (du density limited to vested residential development, lodging unit density not limited by zoning); HDMU, High Density Mixed-use district (25 du/acre); Rec, Recreation district (du density limited to vested development)
To: Pub, Public district (du density limited to vested residential development)
FLU Category: Com, Commercial; MU-U, Mixed-Use Urban; Rec, Recreation
Commissioner District: 3
Requested by: Escambia County
 
             
COUNTY ADMINISTRATOR'S REPORT
 
I.   Technical/Public Service Consent Agenda
 
1.   Recommendation Concerning the Request for Disposition of Property for the Pensacola Bay Center - Amy Lovoy, Assistant County Administrator

That the Board approve the Request for Disposition of Property Form for the Pensacola Bay Center, relating to a 1989 Ford Ranger Truck, Property Number 035924T, which is described and listed on the Disposition Form, with reason for disposition stated; the truck has been found to be of no further use to the County; thus, it is requested that it be auctioned as surplus or disposed of properly.
 
2.   Recommendation Concerning the Scheduling of a Public Hearing for the Baybrook Subdivision Street Lighting Municipal Services Benefit Unit - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on January 21, 2016, at 5:31 p.m., to consider adoption of an Ordinance creating the Baybrook Subdivision Street Lighting Municipal Services Benefit Unit (MSBU).
 
3.   Recommendation Concerning the Revocable License Agreement with Pensacola State College for the Jones Creek Project - J. Taylor “Chips” Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning the Revocable License Agreement with Pensacola State College for the Jones Creek Project:
 
A. Approve the Revocable License Agreement between the District Board of Trustees of Pensacola State College, Florida, and Escambia County (College Contract Number 2016162); and

B. Authorize the Chairman to sign the Agreement and any subsequent documents related to acceptance, execution, reporting, no-cost time extension, and amendments to this Agreement, subject to Legal review and approval, without further action of the Board.
 
             
4.   Recommendation Concerning a Resolution to Add Escambia County, Florida, as a Party to the Gulf Coastal Plain Ecosystem Partnership - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board adopt and authorize the Chairman to sign Resolution No. 3 of the Parties of the Gulf Coastal Plain Ecosystem Partnership Amending the Master Memorandum of Understanding Bearing FDACS Contract No. 003325 to Add Escambia County, Florida, as a Party, which allows for collaboration with neighboring land management agencies such as the Florida Park Service, in coordination of management practices, technology, and resources to accomplish mutual goals and interests with a cooperative stewardship strategy for sustainable land management for the integrity of natural ecosystems and ecosystem services including the protection of water quality.
 
5.   Recommendation Concerning Amendment 1 to the Standard Professional Consulting Services Contract with Dewberry Consultants, LLC, for PD 13-14.026, Re-Solicit Consulting Services for RESTORE Act of 2012 Multi-Year Plan - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning Amendment 1 to the Standard Professional Consulting Services Contract with Dewberry Consultants, LLC, for PD 13-14.026, Re-Solicit Consulting Services for RESTORE Act of 2012 Multi-Year Plan:

A. Approve Amendment 1 to the Standard Professional Consulting Services Contract with Dewberry Consultants, LLC, for PD 13-14.026, Re-Solicit Consulting Services for RESTORE Act of 2012 Multi-Year Plan; and

B. Authorize the County Administrator to sign Amendment 1 and subsequent documents related to the Standard Professional Consulting Services Contract for PD 13-14.026, subject to Legal review and approval, without further action of the Board.
 
             
6.   Recommendation Concerning the Medical Transportation Services Agreement - Joy D. Blackmon, P.E., Public Works Department Director

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

A. Approve the Medical Transportation Services Agreement with Medical Transportation Management, Inc., dba Southeast MTM, Inc., to provide transportation coordination services for some transportation disadvantaged clients who receive Medicaid; and

B. Authorize the County Administrator to execute the Agreement.
 
7.   Recommendation Concerning a Public Hearing Request for Fund Balance Carry-Forwards - Stephan Hall, Budget Manager, Management and Budget Services

That the Board authorize the scheduling of a Public Hearing on January 21, 2016, at 5:33 p.m., to amend the Fiscal Year 2015/2016 Budget to include the fund balance carry-forwards.  
 
             
II.  Budget/Finance Consent Agenda
 
1.   Recommendation Concerning the Purchase of Pharmaceutical Supplies - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the Blanket Purchase Order for the purchase of pharmaceutical supplies:

A. Award Contract PD 14-15.084, Pharmaceutical Medical Supplies for Escambia County, to Bound Tree Medical, LLC, and approve the Agreement for Pharmaceutical Supplies between Escambia County and Bound Tree Medical, LLC, for an estimated annual amount of $52,500, for a term of 36 months with two options for 12-month extensions; and

B. Authorize the County to utilize the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) for the issuance of a Blanket Purchase Order, in the amount of $50,000, for the purchase of Pharmaceutical Supplies to Henry Schein, Inc., and Cardinal Health.

The Invitation to Bid PD 14-15.084, Pharmaceutical Medical Supplies for Escambia County, was advertised in the Pensacola News Journal on August 17, 2015.  One bid was received on September 16, 2015.

[Funding:  Fund 408, Emergency Medical Services, Cost Center 330302, EMS Operations, Object Code 55201, Operating Supplies]
 
             
2.   Recommendation Concerning the Purchase of Medical Supplies - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the issuance of Blanket Purchase Orders for the purchase of medical supplies for the Public Safety Department, to Bound Tree Medical, LLC, Midwest Medical Supply Co., LLC, and Henry Schein, Inc.:

A. Approve the multiple Award Agreement for Medical Supplies for Escambia County, PD 14-15.083, for the Purchase of Medical Supplies to Boundtree Medical, LLC, for an estimated annual amount of $52,500, and to Midwest Medical Supply Co., LLC, for an estimated annual amount of $50,000, for a term of 36 months with two options for 12-month extensions; and

B. Authorize the County to utilize the Minnesota Multistate Contracting Alliance Agreement (MMCAP) MMS15001 for the purchase of Medical Supplies for the Public Safety Department for the issuance of a Purchase Order, in the amount of $52,500, to Henry Schein, Inc.

The Invitation to Bid PD 14-15.083, Medical Supplies for Escambia County, was advertised in the Pensacola News Journal on August 17, 2015.  Proposals were received from three vendors for PD 14-15.083.

[Funding:  Fund 408, Emergency Medical Services, Cost Center 330302, EMS Operations, Object Code 55201, Operating Supplies]
 
3.   Recommendation Concerning the Approval of an Additional Position in the Water Safety Division at Pensacola Beach, Florida - Michael D. Weaver, Public Safety Department Director

That the Board take the following action regarding the the creation of a Senior Lifeguard position for Fiscal Year 2015/2016:

A. Ratify the action of filing and posting the Senior Lifeguard position for the Public Safety Department, Water Safety Division; and

B. Approve Budget Amendment 046, General Fund, in the amount of $55,355.

The funding is associated with a Senior Lifeguard position and is necessary to safely and adequately staff the Water Safety Division at Pensacola Beach, Florida, as well as maintain operational continuity.  This additional position is currently not in the budget.  This Senior Lifeguard position is essential in maintaining safe and efficient supervision, control and support of a public safety service that is provided 365 days a year.  This position will maintain the number of full-time employees that were in place when the transfer from the Santa Rosa Island Authority began.
 
4.   Recommendation Concerning Establishing County-Funded Probate Case Manager Position and Unified Family Court Case Manager Position - Will Moore, Trial Court Administration Admin Services Manager

That the Board authorize the creation of Court Innovation, Article V, Local Option funded positions for a Probate Case Manager and Unified Family Court Case Manager for Court Administration, per the provided job descriptions.

[Funding:  Fund 115, Court Innovation Article V, Local Option, Cost Center (CC) 410501, Object Code (OC) 51201]
 
5.   Recommendation Concerning Supplemental Budget Amendment #043 - Stephan Hall, Budget Manager, Management and Budget Services

That the Board adopt the Resolution approving Supplemental Budget Amendment #043, Other Grants and Projects Fund (110), in the amount of $39,085, to recognize proceeds from the Florida Department of Health, and to appropriate these funds for the improvement and expansion of pre-hospital Emergency Medical Services (EMS) in Escambia County.
 
             
6.   Recommendation Concerning the Surplus and Sale of Brent Athletic Park Parcels - Stephan Hall, Budget Manager, Management and Budget Services 

That the Board take the following action concerning the surplus and sale of Brent Athletic Park Parcels:

A. Declare surplus two of the Board's real properties located in the Brent Athletic Park, specifically Reference Number 46-1S-30-1105-000-003 (Account Number 04-2392-140), and Reference Number 46-1S-30-1105-000-002 (Account Number 04-2392-120);

B. Authorize an appraisal to be performed on each parcel to determine the current market value(s);

C. Authorize the minimum sale amount(s) to be determined by the County Administrator, or his designee, at or above the minimum appraised value(s);

D. Authorize the marketing and sale of the properties to be performed by the Real Estate Brokerage Service provider chosen in response to the Request for Proposal, Specification Number PD 15-16.008, in accordance with Escambia County Ordinance 46-132;

E. Authorize sale of the properties to the highest offer received at or above the minimum sale amount(s); and

F. Authorize the County Attorney's Office to prepare, and the Chairman to sign all documents necessary to complete the sales of these properties, without further action of the Board.

[Appraisals and other incidental expenses related to the sale of these properties will be paid from Fund 352, "LOST III", Cost Center 350229, Object Code 56101, Project #15PR3273.  Sale of these properties will provide revenue to Fund 352, "LOST III", Cost Center 350229, Object Code 56101, Project #15PR3273]
 
             
7.   Recommendation Concerning the Section 5310 Program Grant Application - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the State of Florida Department of Transportation (FDOT) Grant Application for Section 5310 funding and Federal Transit Administration (FTA) urbanized area funding to be used by Escambia County for the purchase of three Americans with Disabilities Act of 1990 (ADA) buses:

A. Adopt the Resolution Authorizing Escambia County to Apply for and Accept Certain Grant Awards Made by the Florida Department of Transportation (FDOT) and by the Federal Transit Administration (FTA) Act of 1964; and

B. Authorize the Chairman or Vice Chairman to execute the Resolution and all other required documents pertaining to acceptance and expenditure of grant funds, including notification of funding and electronic document filing, pending Legal approval, without further action of the Board.

[Funding:  These funds will be included in the Escambia County Area Transit (ECAT)/Escambia County Community Transportation (ECCT) Fiscal Year 2016/2017 Budget]
 
             
8.   Recommendation Concerning the Acceptance of a Drainage Easement on Alexandria Drive - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the acceptance of the donation of a Drainage Easement from Thomas J. McKean and Alif A. McKean, located at 1104 Alexandria Drive:

A. Accept the donation of a drainage easement, located at 1104 Alexandria Drive, from Thomas J. McKean and Alif A. McKean; 

B. Authorize the payment of documentary stamps as the drainage easement is being donated for governmental use, which is for drainage improvements, and the County benefits from the acceptance of the drainage easement, 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 Drainage Easement, subject to Legal review and sign-off, as of the day of delivery of the Drainage Easement 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]
 
             
9.   Recommendation Concerning Acceptance of the Donation of Real Property Located off Massachusetts Avenue - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of the donation of a portion of real property located off Massachusetts Avenue for drainage improvements:

A. Accept the donation of real property containing 0.48 acres, located on Massachusetts Avenue from Columbus A. Hobbs, III, for drainage improvements;

B. Authorize the payment of documentary stamps because the property is being donated for governmental use, which is for sidewalk 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]
 
             
10.   Recommendation Concerning Contract for the 3rd and Winthrop Roadway and Drainage Improvements Project - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action:

A. Approve reallocation of funds from the Capital Improvement Program, totaling $13,794, from Seaglades Drainage Project (District 2) to 3rd and Winthrop Roadway and Drainage Improvement Project (District 2); and

B. Authorize the County Administrator to execute the following Change Order to Principle Properties, Inc., on Contract PD 14-15.047, for the 3rd and Winthrop Roadway and Drainage Improvements Project:

 
Department: Public Works
Division: Engineering/Infrastructure Division
Type: Addition
Amount: $76,800.05
Vendor: Principle Properties, Inc.
Project Name: 3rd and Winthrop Roadway and Drainage Improvements
Contract: PD 14-15.047
PO#: 151251
CO#: 2
Original Contract Award: $337,737.00
Cumulative Amount of Change Orders Through this CO: $75,792.00
New Contract Amount: $413,529.00

[Funding Source:  Fund 352, Local Option Sales Tax, Account 210107, Object Code 56301, Project #13EN2512]
 
             
11.   Recommendation Concerning the First Renewal of Lease Agreement between Escambia County and Community Action Program Committee, Inc. - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action regarding the First Renewal of Lease Agreement between Escambia County and Community Action Program Committee, Inc.:

A. Approve the First Renewal of Lease Agreement between Escambia County and Community Action Program Committee, Inc., for property located at 292 Muscogee Road, Pensacola, Florida, for an additional two-year term, commencing on February 1, 2016; and

B. Authorize the Chairman to sign the First Renewal of Lease Agreement.

[Funding:  Lessee shall pay the County rent in the amount of $1 per year for the renewal term]
 
12.   Recommendation Concerning the Lease of the County-Owned Building Located at 501 Church Street, Century, Florida - David W. Wheeler, CFM, Facilities Management Department Director

That the Board take the following action concerning the lease of the County-owned building located at 501 Church Street, Century, Florida:

A. Adopt the Resolution authorizing the lease of real property to Escambia County Healthy Start Coalition, Inc., for the property located at 501 Church Street, Century, Florida, for the term of three years, commencing on February 1, 2016, with options to renew for two additional two-year terms.  Rent is to be paid to the County in the amount of $1 per year; and

B. Authorize the Chairman to sign the Resolution and the Lease Agreement between Escambia County and Escambia County Healthy Start Coalition, Inc.
 
             
13.   Recommendation Concerning Amendment to Agreement for Recyclable Paper Materials - Patrick T. Johnson, Waste Services Department Director

That the Board approve the Amendment to Agreement for Recyclable Paper Materials, PD 13-14.067, between Escambia County, Florida, and Allied Waste Services of North America, LLC, to include a processing fee at a rate of $37.50 per ton for all materials delivered by the County to the Company's materials recovery facility.

[Funding:  Fund 401, Solid Waste Fund, Cost Center 230306, Object Code 53401] 
 
14.   Recommendation Concerning the Amendment to Agreement for Inmate Food Service PD 13-14.065 - Chip Simmons, Assistant County Administrator 

That the Board approve Amendment to Agreement for Inmate Food Service PD 13-14.065 between Escambia County, Florida, and Aramark Correctional Services, LLC, which provides the food service for the Escambia County Jail and the Escambia County Work Release Facility.  The Amendment increases the price per meal by $0.0232 and will bring the total price per meal from $0.779 to $0.8022 for both the Escambia County Jail and the Escambia County Work Release Facility.
 
[Funding is available to cover this increased cost in General Fund 001; Jail Detention Cost Center 290401; Object Code 53401 and Misdemeanor Probation Fund 114; Residential Probation Cost Center 290305; Object Code 53401]
 
             
15.   Recommendation Concerning the Defense Infrastructure Grant Agreement with the State of Florida, Department of Economic Opportunity - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning the Defense Infrastructure Grant Agreement # S0031 with the State of Florida, Department of Economic Opportunity:

A. Approve the Defense Infrastructure Grant Agreement # S0031 for Fiscal Years 2015-2018, not to exceed $100,000, relating to Airfield Influence Planning Districts Density Reduction to address encroachment and land use otherwise inconsistent with the military mission of Naval Air Station Pensacola; and

B. Authorize the Chairman to sign the Agreement and any subsequent documents related to acceptance, execution, reporting, no-cost time extensions, and amendments to this Agreement, subject to Legal review and approval, without further action of the Board.

Note:  The County Attorney's Office has requested that the Board be made aware of the language, last sentence, in paragraph I.F.1., (bottom of page 2 and top of page 3 of 41) of Grant Agreement: "Without limiting the provisions of Section II.D., Dispute Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate state court in Leon County, Florida; in any such action, Parties waive any right to jury trial."

[Funding:  Fund 110, Other Grants and Projects Fund, New Cost Center to be determined at the time of SBA]
 
             
16.   Recommendation Concerning an Agreement with the Florida Fish and Wildlife Conservation Commission for the Escambia County NRDA Artificial Reef Construction 2015-2016 - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning Agreement No. 15153 with the Florida Fish and Wildlife Conservation Commission for the Escambia County NRDA Artificial Reef Construction 2015-2016:

A. Approve Agreement No. 15153, in an amount not to exceed $2,701,795.15, with the Florida Fish and Wildlife Conservation Commission for the Escambia County NRDA (Natural Resources Damages Assessment) Artificial Reef Construction 2015-2016; and

B. Authorize the Chairman to sign the Agreement and any subsequent documents related to acceptance, execution, reporting, no-cost time extensions and amendments to this Agreement, subject to Legal review and approval, without further action of the Board.

Note:  The County Attorney's Office has requested that the Board be made aware of the language in Paragraph 34, Severability, Choice of Law and Choice of Venue (page 17 of 20), last sentence, "Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues."

[Funding:  Fund 118, Gulf Coast Restoration Fund, Cost Center to be determined at time of SBA]
 
17.   Recommendation Concerning Contract Award for North Point Culverts - 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 15-16.010, North Point Culverts, for a lump sum bid of $381,160.

The legal advertisement for this "Invitation to Bid" was advertised in the Pensacola News Journal on Monday, November 9, 2015.  A Mandatory Pre-Solicitation Meeting was held on Tuesday, November 24, 2015.  Seven firms were represented at that meeting.  Bids were received from three contractors on Wednesday, December 9, 2015.

[Funding:  Fund 112, Disaster Recovery, Cost Center 330492, Object Code 54612/56301, Project # ESCPW 47]
 
             
18.   Recommendation Concerning Rebid - Old Escambia County Courthouse Restoration, Phase IV - 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 The Green-Simmons Company, Inc., per the terms and conditions of PD 15-16.014, Rebid - Old Escambia County Courthouse Restoration, Phase IV, for the Base Bid amount of $558,500, Alternate #1 (New Window 1st Floor) in the amount of $18,500, and Alternate #2 (Light Fixtures) in the amount of $17,900, for a total of $594,900.

QGA completed the Construction Documents and a sealed bid solicitation was advertised on September 1, 2015.  Two bids were received from General Contractors and both bids exceeded budget.   QGA reduced the project’s scope of work and a second "Invitation to Bid" was advertised in the Pensacola News Journal on Thursday, November 12, 2015.   A Pre-Solicitation Meeting was held on Tuesday, November 24, 2015.  Four bids were received December 10, 2015 with Green Simmons being the lowest, responsive and responsible bidder.  The total contract award will be for $594,900.  This amount includes the base bid of $558,500 plus alternate 1 in the amount of $18,500 and alternate 2 in the amount of $17,900.

[Funding:  Fund 352, LOST III, Cost Center 110267, Object Code 56201, Project Number 12PF1675]
 
19.   Recommendation Concerning the Contract Award for Glynn Broc Gully and Cypress Point Channel Sediment Removal - 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 15-16.011, Glynn Broc Gully and Cypress Point Channel Sediment Removal, for a lump sum of $334,162.

The legal advertisement for this Invitation to Bid was advertised in the Pensacola News Journal on Monday, November 9, 2015.  Bids were received from six contractors on Thursday, December 10, 2015.

[Funding:  Fund 112, Disaster Recovery, Cost Center 330493, Object Code 56301/54612]
 
20.   Recommendation Concerning Contract Award for Design Services for State Road 95 (US 29) Improvement 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 American Consulting Engineers of Florida, LLC, per the terms and conditions of PD 14-15.098, Design Services for State Road 95 (US 29) Improvement Project, for a lump sum of $49,915, plus allowances of $24,034, for a total of $73,949.

[Funding:  Fund 352, LOST III, Cost Center 210114, Object Code, Project Number 15EN3285]
 
21.   Recommendation Concerning the Panhandle Library Access Network (PLAN), Innovation Grant Funding Acceptance Agreement - Todd Humble, Library Services Department Director

That the Board take the following action concerning the Panhandle Library Access Network (PLAN), Innovation Grant Funding Acceptance Agreement for Sprouting Creativity program:

A. Approve the Panhandle Library Access Network Innovation Grant Funding Acceptance Agreement;

B. Authorize the Chairman to sign the Innovation Grant Funding Acceptance Agreement and all related documents as required to implement the awarded Sprouting Creativity program; and

C. Authorize the acceptance and disbursement of the Grant funds awarded in the amount of $10,260, per Board policy, with West Florida Public Libraries funding 10% from Library Fund (113), Cost Center Information Systems, adopted in the Fiscal Year 2015-2016 Budget (total Sprouts Creativity program $11,400).
 
             
22.   Recommendation Concerning Cobra Administration - Thomas G. "Tom" Turner, Human Resources Department Director

That the Board take the following action concerning the County's Cobra Administration:

A. Award a Contract to WageWorks for three years, from January 1, 2016, to December 31, 2018, to administer the County Cobra Services; and

B. Authorize, subject to Legal review and sign-off, the County Administrator to sign the WageWorks Order Form.

[Funding Source:  501, Internal Service Fund, Cost Center 140609, Object Code 54501]
 
             
COUNTY ATTORNEY'S REPORT
 
I.   For Action
 
1.   Recommendation Concerning Scheduling An Attorney/Client Session On January 21, 2016 at 3:30 P.M. To Discuss Pending Litigation In The Case Of Colony Insurance Co., et al. v. Escambia County, Fla., Case No.: 3:15-cv-00431-MCR/EMT 

That the Board take the following action:

A.  Schedule a private meeting with its attorneys to discuss pending litigation, in accordance with section 286.01(8), Fla. Stat. for January 21, 2016 at 3:30 p.m.; and

B.  Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, January 9, 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 case of Colony Insurance Co., et al. v. Escambia County, Fla., Case No.: 3:15-cv-00431-MCR/EMT, in accordance with Section 286.01(8), Fla. Stat. Such attorney/client session will be held on Thursday, January 21, 2016 at 3:30 p.m., in the Ernie Lee Magaha Government Building, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Wilson B. Robertson, Douglas B. Underhill, Lumon J. May, Grover C. Robinson, IV, and Steven Barry, County Administrator Jack R. Brown, County Attorney Alison P. Rogers, Attorneys representing Escambia County Edward K. Cheffy, Debbie S. Crockett, David A. Zulian, Charles V. Peppler, Deputy County Attorney and a certified court reporter will attend the attorney/client session.
 
             
2.   Recommendation Concerning Scheduling an Attorney/Client Session on January 21, 2016 at 4:00 P.M. To Discuss Pending Litigation In The Case Of Elizabeth Born v. Escambia County Road Department, Case No. 3:15-CV-55-MRC/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 January 21, 2016 at 4:00 P.M.; and

B. Approve the public notice printed below to be published in the Pensacola News Journal on Saturday, January 9, 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 case of Elizabeth Born v. Escambia County Road Department, in accordance with Section 286.01(8), Fla. Stat. Such attorney/client session will be held on Thursday, January 21, 2016 at 4:00 P.M., in the Ernie Lee Magaha Government Building, Board Chambers, 221 Palafox Place, Pensacola, Florida. Commissioners Wilson B. Robertson, Douglas B. Underhill, Lumon J. May, Grover C. Robinson, IV, and Steven Barry, County Administrator Jack R. Brown, County Attorney Alison P. Rogers, Attorney representing Escambia County Charles V. Peppler and a certified court reporter will attend the attorney/client session.
 
3.   Recommendation Concerning the Scheduling of a Public Hearing to Consider Adopting Local Technical Amendments to the Florida Building Code Specific to Floodplain Elevation Ordinance Creating Sections 14-171 through 14-174 of Chapter 14, Article IV of the Escambia County Code of Ordinances.

That the Board authorize the scheduling of a Public Hearing for January 21, 2015, at 5:32 p.m. for consideration of adopting an Ordinance creating sections 14-171 through 14-174 of Chapter 14, Article IV, Buildings and Building Regulations, applicable to Escambia County, Florida.

 
             
4.   Recommendation Concerning the Scheduling of a Public Hearing to Consider Adopting an Ordinance creating Chapter 46, Article II, Section 46-112 relating to participation of minority and women business enterprises. 

That the Board authorize the scheduling of a public hearing on Thursday, January 21, 2016, at 5:34 p.m. to consider an Ordinance creating Chapter 46, Article II, Section 46-112 relating to participation of minority and women business enterprises.
 
5.   Recommendation Concerning the Scheduling of a Public Hearing to Consider Adopting an Ordinance amending Chapter 46, Article II, Section 46-110 relating to local preference in bidding.

That the Board authorize the scheduling of a public hearing on Thursday, January 21, 2016, at 5:35 p.m. to consider an Ordinance amending Volume I, Chapter 46, Article II, Section 46-110 relating to local preference in bidding.
 
6.   Recommendation Concerning Nathan Christian v. Escambia County Board of County Commissioners, Case No. Pending.

Recommendation that the Board approve a settlement of $13,500.00 concerning Nathan Christian v. Escambia County Board of County Commissioners in exchange for the execution of a general release and hold harmless agreement and dismissal of pending litigation.

[Funding: Fund 501, Cost Center 239898]
 
             
II. For Information
 
1.   Recommendation Concerning Helen P. Scarbrough and Linda H. Dunson Banta v. Escambia County Board of County Commissioners, Case No.: 1D15-4314 

That the Board accept the following informational report concerning Helen P. Scarbrough and Linda H. Dunson Banta v. Escambia County Board of County Commissioners, Case No.: 1D15-4314.
 
2.   Recommendation Concerning the Final Order filed on December 9, 2015, in the Circuit Court of the First Judicial Circuit of Escambia County, Florida, granting Petitioner’s Writ of Certiorari.

That the Board recognize the attached Final Order filed on December 9, 2015, in the Circuit Court of the First Judicial Circuit of Escambia County, Florida, granting Petitioner’s Writ of Certiorari.
 
3.   Recommendation Concerning an Attorney General Opinion on the Florida Enterprise Zone Program and the sunset of that program pursuant to Chapter 2015-221, Laws of Florida. 

That the Board accept the following information report concerning an Attorney General Opinion on the Florida Enterprise Zone Program and the sunset of that program pursuant to Chapter 2015-221, Laws of Florida.
 
             
12. Items added to the agenda.
 
13. Announcements.
 
14. Adjournment.