January 07, 2016 - Escambia County Clerk of the Circuit Court

Transcription

MINUTES OF THE PUBLIC FORUM WORK SESSION AND REGULAR MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
HELD JANUARY 7, 2016
BOARD CHAMBERS, FIRST FLOOR, ERNIE LEE MAGAHA GOVERNMENT BUILDING
221 PALAFOX PLACE, PENSACOLA, FLORIDA
(4:35 p.m. – 7:10 p.m.)
Present: Commissioner Grover C. Robinson, IV, Chairman, District 4
Commissioner Wilson B. Robertson, Vice Chairman, District 1
Commissioner Steven L. Barry, District 5
Commissioner Lumon J. May, District 3
(Regular Board Meeting only [6:00 p.m. – 7:10 p.m.])
Commissioner Douglas B. Underhill, District 2 (4:35 p.m. – 6:40 p.m.)
Honorable Pam Childers, Clerk of the Circuit Court and Comptroller
(Regular Board Meeting only)
Chip W. Simmons, Assistant County Administrator
Alison Rogers, County Attorney
Lizabeth Carew, Administrative Specialist, Clerk and Comptroller's Office
Judy H. Witterstaeter, Program Coordinator, County Administrator's Office
PUBLIC FORUM WORK SESSION
Chairman Robinson called the Public Forum Work Session to order at 4:35 p.m.
2016000002
Click the icon in the left margin to view Public Forum Speaker Slips
1.
FOR INFORMATION: The Board heard comments from Barbara Mayall, who wished
everyone a Happy New Year and thanked those who attended an event held at her
church.
2.
FOR INFORMATION: The Board heard comments from Lafanette Soles-Woods, who
wished everyone a Happy New Year and advised the Board that she will continue to
come before them to "fight" (for the Wedgewood Community).
3.
FOR INFORMATION: The Board heard comments from Gloria Horning regarding toxin
levels in the Wedgewood Community.
4.
FOR INFORMATION: The Board heard comments from Barry Riles, who requested
relief from 20-year SHIP (State Housing Initiatives Partnership Program) loan his father
took out on his home located at 604 Chaseville Street.
1/7/2016
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PUBLIC FORUM WORK SESSION AND REGULAR BCC MEETING MINUTES – Continued
PUBLIC FORUM WORK SESSION – Continued
5.
FOR INFORMATION: The Board heard comments from Gary Sansing regarding various
local and national issues.
4:58 P.M. – PUBLIC FORUM ADJOURNED
5:30 P.M. – REGULAR BOARD MEETING CONVENED
REGULAR BCC AGENDA
1.
Call to Order
Chairman Robinson called the Regular Meeting of the Board of County Commissioners
to order at 5:30 p.m.
2.
Invocation
Rabbi Joel Fleekop, Temple Beth El, delivered the Invocation.
3.
Pledge of Allegiance to the Flag
Commissioner Underhill led the Pledge of Allegiance to the Flag.
4.
Adoption of the Agenda
Click the icon in the left margin to view Meeting Agenda & Speaker Slips
Motion made by Commissioner Barry, seconded by Commissioner Robertson, and
carried 4-0, with Commissioner May absent, adopting the agenda as prepared and duly
amended.
2016000003
5.
Commissioners’ Forum:
A. District 5 – Commissioner Barry welcomed all those in attendance and recognized
"Buck Lee Day";
B. District 2 – Commissioner Underhill reiterated the importance of the upcoming
CyberThon 2016, January 22-24, 2016, at the National Flight Academy;
C. District 1 – Commissioner Robertson recognized "Buck Lee Day"; and
(Continued on Page 3)
1/7/2016
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REGULAR BCC AGENDA – Continued
5.
Continued…
D. District 4 – Commissioner Robinson recognized "Buck Lee Day," offered his
condolences to the family of Matt Currin, who passed away, and wished everyone a
"Happy New Year."
6.
Presentations
The Board witnessed the following 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
Juanita Williams
Danita Andrews
Commander Dale Tharp
Speaker(s):
Colby Brown
Mary Bo Robinson
Clara Long
Steve Littlejohn
Rebecca Hale
Danita Andrews
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7.
2016000004
Proclamations
Motion made by Commissioner Robertson, seconded by Commissioner Underhill, and
carried 4-0, with Commissioner May absent, taking the following action concerning
adoption/ratification of Proclamations:
A. Adopting the Proclamation commending and congratulating Amanda Taft (on her
selection as the) "Employee of the Month" for January 2016;
B. Adopting 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. Ratifying 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. Ratifying 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.
Speaker(s):
Joy Tsubooka
Amanda Taft
Buck Lee
Dave Pavlock
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8.
Written Communication
Motion made by Commissioner Robertson, seconded by Commissioner Barry, and
carried unanimously, approving to deny the request, relative to the 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.
2016000005
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, H2. Staff was
instructed to review all requests for forgiveness of Environmental (Code) Enforcement
Liens to determine if the request met the criteria for forgiveness and allowing the County
Administrator to act on the Board's behalf if set criteria are met.
After reviewing the request for forgiveness of Liens, staff made the determination that the
request 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.
2016000006
Proof of Publication
Motion made by Commissioner Barry, seconded by Commissioner May, and carried
unanimously, waiving the reading of the legal advertisement(s) and accepting, 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, as follows:
A. The following seven Public Hearings on the agenda:
(1)
The 5:45 p.m. Public Hearing, advertised in the Pensacola News Journal on
November 13, 2015, for consideration of adopting an Ordinance amending the
Official Zoning Map;
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9.
Continued…
A. Continued…
2016000006
(2)
December 23, 2015, for consideration of adopting an Ordinance amending LDC
Chapter 3, Zoning Regulations, and Chapter 6, Definitions;
(3)
November 13, 2015, for consideration of adopting an Ordinance approving
SSA-2015-02;
(4)
November 13, 2015, for consideration of adopting an Ordinance approving
SSA-2015-03;
(5)
December 23, 2015, for consideration of adopting an Ordinance repealing
Ordinance 2015-17, Chapter 9, "Housing Element," of the Comprehensive
Plan: 2030;
(6)
December 23, 2015, to review, and approve transmittal to DEO, an Ordinance
amending Comprehensive Plan Chapter 9, OBJ 1.6, CPA-2015-04; and
(7)
December 23, 2015, for consideration of adopting an Ordinance amending
Comprehensive Plan Chapter 15, "Capital Improvement Element," Objective
CIE 1.2, "Five-Year Schedule"; and
B. The Board of County Commissioners – Escambia County, Florida, Meeting
Schedule January 4-January 8, 2016, Legal No. 1652146, as published in the
Pensacola News Journal on January 2, 2016.
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10.
2016000007
Committee of the Whole Recommendation
Motion made by Commissioner Barry, seconded by Commissioner May, and carried
unanimously, taking the following action, as recommended by the Committee of
Whole (C/W), at the December 17, 2015, C/W Workshop:
A. Approving to 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. Approving 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. Approving to not appeal the Circuit Court decision regarding vacation and short-term
rentals by owner in residential zoning categories, and requesting 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).
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CLERK OF COURTS & COMPTROLLER’S REPORT – Honorable Pam Childers, Clerk
of the Circuit Court & Comptroller
I.
1-3.
CONSENT AGENDA
Approval of Various Consent Agenda Items
Motion made by Commissioner May, seconded by Commissioner Barry, and carried
unanimously, approving Consent Agenda Items 1 through 3, as follows:
1.
Accepting, for filing with the Board’s Minutes, the Tourist Development Tax 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.
Accepting, for filing with the Board's Minutes, the following documents provided to the
Clerk to the Board's Office:
2016000008
2016000009
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;
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CLERK OF COURTS & COMPTROLLER’S REPORT – Continued
I.
1-3.
2.
CONSENT AGENDA – Continued
Approval of Various Consent Agenda Items – Continued
Continued…
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
2016000009
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.
2016000010
Taking the following action concerning Minutes and Reports prepared by the Clerk to the
Board's Office:
A. Accepting, for filing with the Board's Minutes, the Report of the Agenda Work
Session held December 10, 2015;
B. Approving the Minutes of the Attorney-Client Session held December 10, 2015; and
C. Approving the Minutes of the Regular Board Meeting held December 10, 2015.
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GROWTH MANAGEMENT REPORT – Horace Jones, Director,
Development Services Department
2016000011
I.
PUBLIC HEARINGS
1.
Rezoning Cases Z-2015-20
carried unanimously, taking the following action concerning Rezoning Case Z-2015-20
heard by the Planning Board (PB) on December 1, 2015:
A. Adopting the Planning Board's recommendation and approving HDMU; and
B. Authorizing the Chairman to sign the Order of the Escambia County Board of County
Commissioners for the Rezoning Case that was reviewed, as follows:
Case Number:
Address:
Property Reference Number:
Property Size:
From:
To:
FLU Category:
Commissioner District:
Requested by:
PB Recommendation:
Z-2015-20
3811 W Nine Mile Road
10-1S-31-2100-000-001
52.6 (+/-) acres
HCLI, Heavy Commercial 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)
MU-U, Mixed-Use Urban
1
Wiley C. "Buddy" Page, Agent for James C. Moulton,
with 9 Mile-NF Joint Venture, LLC, Owner
Approval
Speaker(s):
Kenneth Custer
Wiley C. "Buddy" Page
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GROWTH MANAGEMENT REPORT – Continued
I.
PUBLIC HEARINGS – Continued
2.
5:45 p.m. Public Hearing
carried unanimously, adopting an Ordinance (Number 2016-1) to amend the Official
Zoning Map to include the Rezoning Case (Z-2015-20) 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.
2016000012
Speaker(s) – None.
3.
Motion made by Commissioner Underhill, seconded by Commissioner Robertson, and
carried unanimously, adopting an Ordinance (Number 2016-2) amending the Escambia
County 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 (LDC) Section 2-7.2(a) and Florida
Statute 125.66(4)(b).
2016000013
4.
2016000014
carried unanimously, adopting (an Ordinance [Number 2016-3] approving) 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.
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I.
5.
Motion made by Commissioner Barry, seconded by Commissioner Underhill, and carried
unanimously, adopting (an Ordinance [Number 2016-4] approving) 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.
2016000015
6.
unanimously, adopting an Ordinance (Number 2016-5) repealing Ordinance 2015-17,
which was adopted on June 2, 2015, to (amend) 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.
2016000016
7.
2016000017
Motion made by Commissioner Underhill, seconded by Commissioner Barry, and carried
unanimously, approving, for transmittal to the Department of Economic Opportunity, an
Ordinance amending Part II of the Escambia County Comprehensive Plan: 2030,
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) (of the Escambia County Land Development Code),
and Florida Statute 125.66(4)(b); at the May 5, 2015, Planning Board Meeting, the
Planning Board recommend approval of this Ordinance.
1/7/2016
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2016000018
I.
8.
unanimously, adopting an Ordinance (Number 2016-6) amending the Comprehensive
Plan: 2030, 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) (of the Escambia County
Land Development Code), and Florida Statute 125.66(4)(b); at the September 1, 2015,
Planning Board Meeting, the Planning Board recommended approval of this Ordinance.
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2016000019
II.
CONSENT AGENDA
1.
Scheduling of Public Hearings
unanimously, authorizing the scheduling of the following Public Hearings, as amended to
drop Rezoning Case Z-2015-21:
A. January 21, 2016:
(1)
5:45 p.m. Public Hearing - Flood Plain Ordinance;
(2)
5:46 p.m. Public Hearing - technical amendment to the Florida Building Code;
(3)
5:47 p.m. Public Hearing - CIP Annual Report;
(4)
5:48 p.m. Public Hearing - Wildwood/Devine Farms Development Agreement;
and
B. February 2, 2016:
(1)
9:07 a.m. 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 Number:
Address:
From:
To:
FLU Category:
Requested by:
Z-2015-22
NW Corner Hwy 196 and Hwy 95-A
22-2N-31-1103-000-000
Agr, Agricultural district (one du/20
acres)
RMU, Rural Mixed-use district (two
du/acre)
RC, Rural Community
5
Thomas Hammond, Agent for Eli H.
Miller, Owner
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II.
1.
Continued…
B. Continued…
2016000019
(1)
Continued…
(b) Case Number:
Address:
From:
To:
FLU Category:
Requested by:
Z-2015-19
1700 Block Jacks Branch Road
30-2N-31-4000-000-000
Agr, Agricultural district (one du/20
acres)
LDR, Low Density Residential district,
Detailed Specific Area Plan (DSAP)
Land Use Conservation Neighborhood
(three du/acre)
AG, Agriculture
5
Brad McLaughlin, Agent for Long &
Moore Land Company, LLC, Owner
(2)
9:08 a.m. Public Hearing - Large Scale Amendment 2015-02 - County Jail (first
of two Public Hearings);
(3)
9:09 a.m. Public Hearing - Redfish Harbor PUD; and
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2016000019
II.
1.
Continued…
B. Continued…
(4)
9:10 a.m. Public Hearing to review the following Rezoning Case heard by the
Planning Board on January 5, 2016:
Case Number:
Address:
Z-2015-23
1200 W Leonard Street and Block of Leonard
Street Area
Property Reference Numbers: 17-2S-30-5016-000-002; 17-2S-30-5016-001001; 18-2S-30-6000-001-056; 18-2S-30-6000004-055; 18-2S-30-6000-004-056; 18-2S-306000-005-056; 18-2S-30-6000-002-056; 182S-30-6000-003-047; 18-2S-30-6000-003-048;
18-2S-30-6000-003-055; 17-2S-30-5009-000062; 18-2S-30-6000-017-047; 17-2S-30-5009000-064; 17-2S-30-5009-000-068; 17-2S-305009-041-041; 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
3
Requested by:
Escambia County
1/7/2016
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COUNTY ADMINISTRATOR'S REPORT – Jack R. Brown, County Administrator
I.
1-7.
TECHNICAL/PUBLIC SERVICE CONSENT AGENDA
Motion made by Commissioner Robertson, seconded by Commissioner Barry, and carried 4-0,
with Commissioner Underhill having left the meeting, approving Consent Agenda Items 1
through 7, as follows, with the exception of Item 3, which was held for a separate vote:
1.
Approving 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.
Authorizing 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.
3.
See Page 18.
4.
Adopting, and authorizing 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.
Approving, and authorizing the Chairman to sign, 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.
2016000020
2016000021
2016000023
2016000024
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COUNTY ADMINISTRATOR'S REPORT – Continued
I.
1-7.
6.
2016000025
TECHNICAL/PUBLIC SERVICE CONSENT AGENDA – Continued
Taking the following action, as Community Transportation Coordinator, and on behalf of
Escambia County Community Transportation:
A. Approving the Medical Transportation Services Agreement with Medical
Transportation Management, Inc., d/b/a Southeast MTM, Inc., to provide
transportation coordination services for some transportation disadvantaged clients
who receive Medicaid; and
B. Authorizing the County Administrator to execute the Agreement.
7.
Authorizing 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.
3.
Revocable License Agreement
2016000026
2016000022
carried 4-0, with Commissioner Underhill having left the meeting, taking the following
action concerning the Revocable License Agreement with Pensacola State College for
the Jones Creek Project:
A. Approving the Revocable License Agreement between the District Board of Trustees
of Pensacola State College, Florida, and Escambia County (College Contract
Number 2016162); and
B. Authorizing 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.
For Information: Commissioner Robinson disclosed that he serves on the Foundation
Board of Pensacola State College as a non-paid member.
1/7/2016
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II.
1-26.
BUDGET/FINANCE CONSENT AGENDA
Motion made by Commissioner Barry, seconded by Commissioner Robertson, and carried 4-0,
with Commissioner Underhill having left the meeting, approving Consent Agenda Items 1
through 26, as follows, with the exception of Items 6, 11, 18, and 22, which were held for
separate votes:
1.
2016000027
Taking the following action regarding the blanket Purchase Order for the purchase of
pharmaceutical supplies (Funding: Fund 408, Emergency Medical Services, Cost
Center 330302, EMS Operations, Object Code 55201, Operating Supplies):
A. Awarding Contract PD 14-15.084, Pharmaceutical Medical Supplies for Escambia
County, to Bound Tree Medical, LLC, and approving 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. Authorizing the County to utilize the Minnesota Multistate Contracting Alliance for
Pharmacy 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.
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II.
1-26.
2.
2016000028
BUDGET/FINANCE CONSENT AGENDA – Continued
Taking 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. (Funding: Fund 408,
Emergency Medical Services, Cost Center 330302, EMS Operations, Object
Code 55201, Operating Supplies):
A. Approving 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. Authorizing 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.
1/7/2016
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II.
1-26.
3.
2016000029
Taking the following action regarding the creation of a Senior Lifeguard position for
Fiscal Year 2015/2016:
A. Ratifying the action of filing and posting the Senior Lifeguard position for the Public
Safety Department, Water Safety Division; and
B. Approving Budget Amendment Request #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.
Authorizing 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 410501, Object Code 51201).
5.
Adopting the Resolution (R2016-1) 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 in Escambia
County.
2016000030
2016000031
1/7/2016
Page 21 of 39
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II.
1-26.
6.
See Page 31.
7.
Taking 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 (Funding: these
funds will be included in the Escambia County Area Transit/Escambia County
Community Transportation Fiscal Year 2016/2017 Budget):
2016000033
A. Adopting the Resolution (R2016-2) authorizing Escambia County to apply for and
accept certain grant awards made by FDOT and by the FTA Act of 1964; and
B. Authorizing 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.
8.
2016000034
Taking 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 (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):
A. Accepting the donation of a Drainage Easement, located at 1104 Alexandria Drive,
from Thomas J. McKean and Alif A. McKean;
B. Authorizing 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. Authorizing the payment of incidental expenditures associated with the recording of
documents; and
1/7/2016
Page 22 of 39
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II.
1-26.
8.
Continued…
D. Authorizing 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 authorizing the
Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.
2016000034
9.
2016000035
Taking the following action concerning acceptance of the donation of a portion of real
property, located off Massachusetts Avenue, for drainage improvements (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):
A Drainage Easement was recorded in Official Records Book 7465, Pages 1464-1469
A. Accepting the donation of real property containing 0.48 acre, located on
Massachusetts Avenue, from Columbus A. Hobbs, III, for drainage improvements;
B. Authorizing 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. Authorizing the payment of incidental expenditures associated with the recording of
documents; and
Warranty Deed as of the day of delivery of the Warranty Deed to the Chairman or
Vice Chairman, and authorizing the Chairman or Vice Chairman to acknowledge the
Board's acceptance at that time.
1/7/2016
Page 23 of 39
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II.
1-26.
10.
2016000036
Taking the following action concerning the Contract for the 3rd and Winthrop Roadway
and Drainage Improvements Project (Funding Source: Fund 352, Local Option Sales
Tax III, Account 210107, Object Code 56301, Project #13EN2512):
A. Approving 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. Authorizing 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:
Division:
Type:
Amount:
Vendor:
Public Works
Engineering/Infrastructure Division
Addition
$76,800.05
Principle Properties, Inc.
3rd and Winthrop Roadway and
Drainage Improvements
PD 14-15.047
151251
2
$337,737.00
Project Name:
Contract:
Purchase Order #:
Change Order (CO) #:
Original Contract Award:
Cumulative Amount of
through this CO:
New Contract Amount:
1/7/2016
Change
Orders
$75,792.00
$413,529.00
Page 24 of 39
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II.
1-26.
11.
See Page 32.
12.
Taking the following action concerning the lease of the County-owned building located at
501 Church Street, Century, Florida:
2016000038
A. Adopting the Resolution (R2016-3) 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. Authorizing the Chairman to sign the Resolution and the Lease Agreement between
Escambia County and Escambia County Healthy Start Coalition, Inc.
13.
Approving 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.
Approving 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).
2016000039
2016000040
1/7/2016
Page 25 of 39
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II.
1-26.
15.
2016000041
Taking the following action concerning the Defense Infrastructure Grant Agreement
# S0031 with the State of Florida, Department of Economic Opportunity (Funding:
Fund 110, Other Grants and Projects Fund, New Cost Center to be determined at the
time of SBA [Supplemental Budget Amendment]):
A. Approving 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
related to acceptance, execution, reporting, no-cost time extensions, and
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, the Parties waive any right to jury trial."
1/7/2016
Page 26 of 39
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II.
1-26.
16.
2016000042
Taking 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 (Funding: Fund 118, Gulf Coast Restoration Fund, Cost Center
to be determined at time of SBA [Supplemental Budget Amendment]):
A. Approving 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
related to acceptance, execution, reporting, no-cost time extensions and
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."
17.
2016000043
Approving, and authorizing 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).
1/7/2016
Page 27 of 39
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II.
1-26.
18.
See Page 33.
19.
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.
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, Local Option Sales Tax III, Cost Center 210114, Object
Code 56301, Project Number 15EN3285).
21.
Taking the following action concerning the Panhandle Library Access Network Innovation
Grant Funding Acceptance Agreement for Sprouting Creativity Program:
2016000045
2016000046
2016000047
A. Approving the Panhandle Library Access Network Innovation Grant Funding
Acceptance Agreement;
B. Authorizing 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. Authorizing 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).
1/7/2016
Page 28 of 39
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II.
1-26.
22.
See Page 33.
23.
Taking the following action concerning the purchase of a 20-foot-wide strip of property
(approximately 3,951 square feet), from Gregory C. O'Gwynn, for the Pine Forest Road
and West Roberts Road Intersection Improvement Project (Funding: Fund 352, "Local
Option Sales Tax III," Cost Center 210107, Object Code 56101, Project #14EN2795):
2016000049
A. Authorizing the purchase of a 20-foot-wide strip of property (approximately
3,951 square feet), from Gregory C. O'Gwynn, for the Pine Forest Road and West
Roberts Road Intersection Improvement Project;
B. Approving the Contract for Sale and Purchase for the purchase of a 20-foot-wide
strip of property (approximately 3,951 square feet), from Gregory C. O'Gwynn, for
the Pine Forest Road and West Roberts Road Intersection Improvement Project;
and
C. Authorizing the County Attorney's Office to prepare, and the Chairman or Vice
Chairman to execute, any documents, subject to Legal review and sign-off,
necessary to complete the acquisition of this property, without further action of the
Board.
24.
2016000050
Taking the following action concerning the purchase of a 20-foot-wide strip of property
(approximately 3,808 square feet), from Katherine K. O’Gwynn, for the Pine Forest Road
and West Roberts Road Intersection Improvement Project (Funding: Fund 352, "Local
Option Sales Tax III," Cost Center 210107, Object Code 56101, Project #14EN2795):
A. Authorizing the purchase of a 20-foot-wide strip of property (approximately
3,808 square feet), from Katherine K. O'Gwynn, for the Pine Forest Road and West
Roberts Road Intersection Improvement Project;
1/7/2016
Page 29 of 39
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II.
1-26.
24.
Continued…
B. Approving the Contract for Sale and Purchase for the purchase of a 20-foot-wide
strip of property (approximately 3,808 square feet), from Katherine K. O'Gwynn, for
the Pine Forest Road and West Roberts Road Intersection Improvement Project;
and
2016000050
C. Authorizing the County Attorney's Office to prepare, and the Chairman or Vice
Chairman to execute, any documents, subject to Legal review and sign-off,
necessary to complete the acquisition of this property, without further action of the
Board.
25.
Authorizing Escambia County to issue a Purchase Order (PO), in the amount of
$134,000, for the Court Administration Division, to Vendor Pro Sound & Video, Vendor
Number 165119; the PO will provide a complete upgrade to the audio, video, and control
systems in Courtrooms 406 and 407, to include new Dante-based networkable wireless
microphones and chargers, wired microphones, digital audio processing, digital video
transport and switching, video teleconferencing, video displays, custom engraved
connection plates, and a touch-panel interface for control of the audio and video system
(Funding: Fund 110, Other Grants & Aids, Cost Center 410512, Object Codes 56201
and 56401 - $134,000).
26.
Approving to enter into an Agreement, in the amount of $9,500, with the University of
West Florida’s Hass Center for Research and Economic Opportunity, to perform an
Economic Impact Study on the McDonald Property (Funding Source: Fund 352, Cost
Center 290407).
2016000051
2016000052
1/7/2016
Page 30 of 39
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2016000032
II.
6.
Surplus and Sale of County-owned Property
Motion made by Commissioner May, seconded by Commissioner Robertson, and
carried 4-0, with Commissioner Underhill having left the meeting, "pulling" the
recommendation that the Board take the following action concerning the surplus and sale
of Brent Athletic Park Parcels (appraisals and other incidental expenses related to the
sale of these properties will be paid from Fund 352, "Local Option Sales Tax III [LOST],"
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):
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 04-2392140), and Reference Number 46-1S-30-1105-000-002 (Account Number 04-2392120);
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.
1/7/2016
Page 31 of 39
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II.
11.
2016000037
Approval of a Lease Agreement
carried 4-0, with Commissioner Barry having left the meeting, taking the following action
regarding the First Renewal of Lease Agreement between Escambia County and
Community Action Program Committee, Inc. (Funding: Lessee shall pay the County rent
in the amount of $1 per year for the renewal term):
A. Approving 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. Authorizing the Chairman to sign the First Renewal of Lease Agreement.
For Information: Commissioner May disclosed that he serves on the Community Action
Board.
1/7/2016
Page 32 of 39
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II.
18.
PD 15-16.014
Motion made by Commissioner Barry, seconded by Commissioner May, and carried 3-0,
with Commissioner Robertson abstaining (and filing Form 8B, Memorandum of Voting
Conflict for County, Municipal, and Other Local Public Officers), and Commissioner
Underhill having left the meeting, approving, and authorizing 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, Local Option Sales Tax III, Cost Center 110267, Object
Code 56201, Project Number 12PF1675).
2016000044
22.
2016000048
Cobra Administration
Motion made by Commissioner May, seconded by Commissioner Barry, and carried 4-0,
with Commissioner Underhill having left the meeting, dropping the recommendation that
the Board take the following action concerning the County's Cobra Administration
(Funding Source: 501, Internal Service Fund, Cost Center 140609, Object Code 54501):
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.
1/7/2016
Page 33 of 39
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III.
FOR DISCUSSION
1.
Discussion with FEMA Representatives Concerning the Central Booking Detention
Facility - Amy Lovoy, Assistant County Administrator
2016000053
The Board of County Commissioners requested representatives from FEMA (Federal
Emergency Management Agency) to attend a Board meeting to discuss and answer
questions regarding the replacement of the jail facility. Representatives were in
attendance and available to answer questions at today's 9:00 a.m. Agenda Review
Session.
No action was taken during the Regular Board Meeting.
2.
2016000054
The Board took no action during discussion of RESTORE goals and categories.
3.
Funding Request – Lighten Up Entertainment
Motion made by Commissioner Robertson, seconded by Commissioner May, and
carried 4-0, with Commissioner Underhill having left the meeting, approving funding
$2,500 for Lighten Up Entertainment from Commissioner Lumon May’s 4th Cent Tourist
Development Tax Fund, and approving a Purchase Order for this purpose (Funding:
Fund 108, Tourist Development Tax, Cost Center 360105, Object Code 58201).
2016000055
4.
2016000056
Discussion Concerning Restoration Goals and Categories - Commissioner Grover C.
Robinson, IV, District 4
Perdido River & Bay Watershed Discovery MOU
carried 4-0, with Commissioner Underhill having left the meeting, approving, and
authorizing the County Administrator to sign, subject to Legal review and sign-off, the
Perdido River & Bay Watershed Discovery Memorandum of Understanding (MOU), with
the Northwest Florida Water Management District and the Federal Emergency
Management Agency Region IV, regarding the Risk Mapping, Assessment, and Planning
(Risk MAP) Program, with the goal of delivering quality data that increases public
awareness and leads to actions that reduce the risk to life and property.
1/7/2016
Page 34 of 39
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COUNTY ATTORNEY’S REPORT – Alison Rogers, County Attorney
Motion made by Commissioner Robertson, seconded by Commissioner May, and carried 4-0,
with Commissioner Underhill having left the meeting, approving For Action Items 2 through 7,
as amended to drop Item 3 (Item 1 was held for a separate vote; see Page 38), and For
Information Items 1 through 3, as follows:
2016000058
I.
FOR ACTION
2.
Taking the following action concerning scheduling an Attorney/Client Session to discuss
pending litigation in the Case of Elizabeth Born v. Escambia County Road Department,
Case No.: 3:15-CV-55-MRC/CJK:
A. Scheduling a private meeting with the Board's attorneys to discuss pending litigation,
in accordance with Section 286.01(8), Florida Statute, for January 21, 2016, at
4:00 p.m.; and
B. Approving 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.
1/7/2016
Page 35 of 39
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COUNTY ATTORNEY’S REPORT – Continued
I.
FOR ACTION – Continued
3.
Dropping the recommendation 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.
Authorizing 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.
Authorizing 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.
Approving a settlement of $13,500 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).
7.
Taking the following action acceptance of a Public Road and Right-of-Way Easement
from UWF Business Enterprises, Inc. - Meadowbrook Drive:
2016000059
2016000060
2016000061
2016000062
2016000063
A. Accepting the donation of a Public Road and Right-of-Way Easement over property
located on Meadowbrook Drive from UWF Business Enterprises, Inc.;
B. Authorizing payment of documentary stamp tax because the Public Road and
Right-of-Way Easement is being donated for governmental use and is necessary for
the repair of the road, bridge, and associated drainage structures along
Meadowbrook Drive, and the public will benefit from the donation by improved roads
and drainage;
C. Authorizing payment of incidental expenses associated with accepting the Public
Road and Right-of-Way Easement and recording it in the public records; and
Public Road and Right-of-Way Easement, subject to the review and sign-off by the
County Attorney and County Engineer.
The Public Road and Right-of-Way Easement is recorded in Official Records Book 7465, Pages 1938-1941
1/7/2016
Page 36 of 39
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II.
FOR INFORMATION
1.
Accepting the following informational report concerning Helen P. Scarbrough and Linda
H. Dunson Banta v. Escambia County Board of County Commissioners, Case No.:
1D15-4314:
2016000064
"Ms. Scarbrough and Ms. Banta were applicants for rezoning several acres in the River
Road area of Perdido Key who sought an up-zoning from the R-2PK, Residential District
(Perdido Key) to CGPK, Commercial Gateway District (Perdido Key) which would allow
for commercial development of primarily residential property. The Planning Board
granted the rezoning applications, but the Board of County Commissioners (BCC)
overturned the determination made by the Planning Board.
Ms. Scarbrough and Ms. Banta filed a joint petition for certiorari with the Escambia
County Circuit Court arguing that the BCC’s decision to deny the applications for
rezoning was not supported by competent, substantial evidence because residential
property owners on River Road opposed the rezoning. After briefs were filed, Judge
Terry Terrell, sitting in an appellate capacity, denied the petition for certiorari holding that
the neighboring property owners’ testimony was competent, substantial evidence to
support the BCC’s decision while citing several authorities cited by the County in its
response to the petition for certiorari.
Under the Florida Rules of Appellate Procedure, Ms. Scarbrough and Ms. Banta sought
to file a petition for certiorari with the First District Court of Appeal (DCA) in Tallahassee.
However, before the First DCA ordered briefs to be filed, Ms. Scarbrough and Ms. Banta
filed a notice of voluntary dismissal and declined to go further with the appellate process.
The First DCA accepted the notice of voluntary dismissal and issued an order of
dismissal. With the entry of the order, the Board's decision denying the rezoning
application on the grounds asserted by Ms. Scarbrough and Ms. Banta is now final."
2.
Recognizing 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 (in the
Case of ADX Communications of Escambia County, L.L.C, a Florida limited liability
company v. Escambia County, acting by and through its Board of Adjustment).
3.
Accepting the 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.
2016000065
2016000066
1/7/2016
Page 37 of 39
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2016000057
I.
FOR ACTION – Continued
1.
Scheduling of an Attorney-Client Session
Motion made by Commissioner Robertson, seconded by Commissioner May, and
carried 3-0, with Commissioner Robinson abstaining (and filing Form 8B, Memorandum
of Voting Conflict for County, Municipal, and Other Local Public Officers), and
Commissioner Underhill having left the meeting, taking the following action concerning
scheduling an Attorney/Client Session 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,
Bitco National Insurance Co. and Bitco General Insurance Corp. v. A.E. New, Jr. and
Escambia County, Florida, et al., Case No.: 3:15-cv-00444-MCR/CJK, and Clarke Allen,
et al., v. A.E. New Jr., Inc., Caldwell Associates Architects, Inc. and Escambia County,
Fla., Case No.: 3:15-cv-000722:
A. Scheduling a private meeting with the Board's attorneys to discuss pending litigation,
in accordance with Section 286.01(8), Florida Statute, for January 21, 2016, at 3:30
p.m.; and
B. Approving 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-cv00431-MCR/EMT, Bitco National Insurance Co. and Bitco General Insurance Corp. v.
A.E. New, Jr. and Escambia County, Florida, et al., Case No.: 3:15-cv-00444-MCR/CJK
and Clarke Allen, et al., v. A.E. New Jr., Inc., Caldwell Associates Architects, Inc. and
Escambia County, Fla., Case No.: 3:15-cv-000722 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, J. Lawson
Hester, Charles V. Peppler, Deputy County Attorney and a certified court reporter will
attend the attorney/client session.
1/7/2016
Page 38 of 39
lfc
ITEMS ADDED TO THE AGENDA – COMMISSIONER STEVEN L. BARRY
1&2.
Approval of Two Add-on Items
Motion made by Commissioner Barry, seconded by Commissioner Robertson, and carried 4-0,
with Commissioner Underhill having left the meeting, approving Commissioner Steven L.
Barry's Add-on Items 1 and 2, as follows:
1.
Approving the request from Gulf Coast Texans for $2,500, to be funded from the 4th
Cent Tourist Development Tax, for the Blue Angel Classic, and approving the Purchase
Order for this purpose.
2.
Approving funding $7,500 from District 4 and $7,500 from District 5, totaling $15,000, for
Pensacon, from the 4th Cent Tourist Development Tax, and approving the Purchase
Order for this purpose.
2016000067
2016000068
ANNOUNCEMENTS – None.
ADJOURNMENT
There being no further business to come before the Board, Chairman Robinson declared the
Regular Meeting of the Board of County Commissioners adjourned at 7:10 p.m.
BOARD OF COUNTY COMMISSIONERS
ESCAMBIA COUNTY, FLORIDA
ATTEST:
2016000001
Pam Childers
Clerk of the Circuit Court & Comptroller
By:________________________________
Grover C. Robinson, IV, Chairman
_______________________________
Deputy Clerk
Approved: January 21, 2016
1/7/2016
Page 39 of 39
lfc

January 07, 2016 - Escambia County Clerk of the Circuit Court

Transcription

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